1g Bldg Permit 820 Imperial DrCITY OF
CHANI SEN
FROM:
77{)0 Market Br'uk'vard
PO Box 147
Cr,~nhd~,," ua,,,~ MI,155317 DATE:
Administration
Ph,s,]~ !}52 2271100
Fax 952 2271110
MEMORANDUM
TO:
Todd Gerhardt, City Manager
Sharmeen Al-Jaff, Senior Planner
May 10, 2004
Agreement for Issuance of Building Permit before Demolition of an
Existing House
Building Inspections
Phc, nc 952227 11a0
Fa,: 952227 1190
Engineering
Phc, ne 95222,71160
Fax: 9522271170
Finance
P!or/i' 9522271140
Fax 952 227 1110
BACKGROUND
The property owners are proposing to build a new home on their lot at 820 Imperial Drive
to replace the existing home on the property, which was built in 1927. 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.
Park & Recreation
R'one: 9522271120
Fax 952 227 1110
Recreation Center
2310 Cou?,er BoL~levard
Phone 9522271400
Fax: 952227 1404
Planning &
Natural Resources
R'one: 5}52 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
P!~one: 952 227 1300
Fax: 952227 1310
Senior Center
P'lnl1{): 952 227.1125
Fax 952227 1110
Web Site
~,.,,v,, Cl ,?anlsassen mn us
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."
DISCUSSION
The property owners have 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 house 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.
· Robert Lund and Connie Sackett-Lund have 30 days to move into the new house
and demolish the second house upon issuance of the certificate of occupancy.
The City of Chanbassen · A growing community w th clean lakes quaiity schools a charmin.q dovx t($',x,, qx viral b~s~ncss(}s ,,,','ndi lq trails and ','ea,.Jtifu ,,}arks /, cirea~ [:,!ace t,:; live work and play
Todd Gerhardt
May 10, 2004
Page 2
The agreement grants the City the right to demolish the existing house. Robert Lund and
Connie Sackett-Lund 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.
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.
RECOMMENDATION
Staff recommends that City Council approve the attached agreement for execution.
ATTACHMENTS
1. Location Map.
2. Agreement.
3. Exhibit A.
4. Letter from Robert Lund and Connie Sackett-Lund.
5. Plans and hard surface calculations.
Lotus Lake
LONE EAGLE DR
g:\plan\sa\lund sackett memo.doc
AGREEMENT
AGREEMENT made this 10th day of May, 2004, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and Robert Lund and Connie
Sackett-Lund husband and wife ("Robert Lund and Connie Sackett-Lund").
WHEREAS, .Robert Lund and Connie Sackett-Lund own a home on certain real
property (the "Subject Property") located in the City, the legal description of which is set forth
on Exhibit A, attached hereto and hereby made a part hereof; and
WHEREAS, Robert Lund and Connie Sackett-Lund desire 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
WHEREAS, the City is not required to issue Robert Lund and Connie Sackett-Lund a
building permit for the New Home until the Existing Home has been demolished; and
WHEREAS, The City is willing to issue Robert Lund and Connie Sackett-Lund a
building permit and allow them 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:
1. Issuance of a Building Permit - Provided the home proposed by Robert Lund and Connie
Sackett-Lund 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 Robert Lund
and Connie Sackett-Lund a building permit for the New Home to be located on the Subject
Property.
2. Demolition - Robert Lund and Connie Sackett-Lund 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. Robert Lund and Connie Sackett-Lund shall demolish and remove the
Existing Home within thirty (30) days of issuance of a Certificate of Occupancy for the New
Home.
3. Costs - The costs of the demolition shall be borne entirely by Robert Lund and Connie
Sackett-Lund. In the event Robert Lund and Connie Sackett-Lund do not secure the
demolition of the Existing Home within the above described time frame, Robert Lund and
Connie Sackett-Lund consent to the City arranging for the demolition of the Existing Home as
soon as reasonably practical. Robert Lund and Connie Sackett-Lund shall pay for all of the
City's expenses incurred in the demolition of the Existing Home; 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 Robert Lund and Connie Sackett-Lund, 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. Robert Lurid and Connie Sackett-Lund do
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. Robert Lund and Connie Sackett-Lund waive any appeal rights otherwise
available pursuant to law or equity.
4. Release - Robert Lund and Connie Sackett-Lund for themselves, their 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 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.
5. Indemnification - Robert Lund and Connie Sackett-Lund, for themselves, their 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 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.
CITY OF CHANHASSEN
(SEAL)
BY:
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
BY:
BY:
Robert Lund
Connie Sackett-Lund
STATE OF MINNESOTA )
( SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this __ day of ,2004
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, 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
STATE OF MINNESOTA )
( SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this __
by Robert Lund.
day of
2004,
Notary Public
STATE OF MINNESOTA )
( SS.
COUNTY OF
The foregoing instrument was acknowledged before me this __
by Connie Sackett-Lund.
day of
2004,
DRAFTED BY:
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
g:\plan\sa~agreement for two homes.doc
Notary Public
Exhibit A
Lots 1649, 1650, 1651, 1652, 1653, 1654 and 1655, Carver Beach
820 Imperial Drive
Chanhassen, MN 55317
April 10, 2004
Chanhassen City Council
7700 Market Boulevard
Chanhassen, MN 55317
Gentlemen:
Re: 14,000 sq. ft. parcel (140' x 100') with a small house (888 square feet) with a
foundation of 699 square feet -the existing house sets 6' from road
We purchased the above parcel with a small, 77-year-old house and a new double-car
garage on lot with the intention of building a new house. We plan to build a 34' x 30' deep
bungalow-type house. Our plan is to make the rear of the new house line up with the rear of
the garage which is in compliance of the setback. The front of the proposed house will be 4'
from the end of the existing house.
After the new house is finished and the existing house is removed, we would put a 7' x 34'
porch across the front of the house, facing the road which in compliance with the road
setback.
We would like to remain in residence in the present house during construction for the
following reasons:
1. We would like to save every available dollar to spend on the house. We estimate that
would save approximately $900 per month.
2. We plan to spend every available minute working on the house.
3. The present dwelling, although very, very small is barely adequate for two adults and
one child to live in only with a goal of a new house in mind.
Within one month after completion of the new house we will have the present house torn
down or removed and proceed to build the porch to the required 30' setback.
Please consider carefully your allowing us to live on-site during the construction.
Robert Lund and Connie Sackett-Lund
Enc: A copy of a picture of the house and atmosphere we plan to replicate
/'NORTH
FOUND IRON
~ {. ~ FRAME __ __
/ ~ D~-'~-LINI [,., 5B.9
6.4 /?.~// NO. 82£
I
,
I I ,= ....
' :~ q L.,o / 24.0
FOUND IRON
I
--99.89-- --"
SOU TH
AD VANCE
5300 S. Hwy. No. 101
SURVEY FOR:
.~/ I I
SURVEYING
Minnetonka, MN 55345
JOHNA THON
l/.zq. LJ~lVlJ~,_L~Fl1251/., JLJFIINft I FlkJIN
& ENGINEERING CO.
Phone (952) 474 7964 Fax (952) 474 8267
RA D EMA CHER
SURVEYED: June, 2001
DRAFTED: June 13, 2001.
LEGAL DESCRIPTION:
Lots 1649, 1650, 1651, 1652, 1653, 1654 and 1655, Carver Beach, according to the recorded plat thereof, Carver
County, Minnesota.
SCOPE OF WORK:
1. Showing thelength and direction of boundary lines of the above legal description. The scope of our
services does not include determining what you own, which is a legal matter. Plcasc check the legal
description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct,
and that any matters of record, such as easements, that you wish shown on the survey, have been shown.
2. Showing the location of existing improvements we deemed important.
3. Setting new monuments or verifying old monuments to mark the comers of the property.
4. While we show proposed improvements to your property, we are not as familiar with your plans as you are
nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that
you review the survey to confirm that the proposals arc what you intend and submit the survey to such governmental
.agencies as may have jurisdiction over your project to gain their approvals if you can.
STANDARD SYMBOLS & CONVENTIONS:
"O" Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted.
I hereby certify that this plan, specification, report or survey was prepared by me or
under my direct supervision and that I am a licensed Professional Engineer and
Professional Surveyor under the laws of the State of Minnesota.
es H. Parker P.E. & P.S. No. 9235
WWP AND JG
20
GRAPHIC SCALE
0 10 20
( IN FEET )
1 inch = 20 ft.
Page 1 of 1
http://www.thebungalowcompm~y.com/Photos/Magnolia.j Pg 5/3/2004