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2021-21CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 10, 2021 RESOLUTION NO: 2021-21 MOTION BY: Schubert SECONDED BY: Campion A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION JUDITH & PAUL POITEVENT, 2300 MELODY HILL ROAD WHEREAS, Judith and Paul Poitevent have requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: All that part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the Northerly right-of-way line of Bardwell Road distance 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning; and WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Single -Family Residential district, RSF; and WHEREAS, the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed metes and bounds subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts, Parcels A and B, subject to the following conditions of approval: Building: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 3. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Each lot must be provided with a separate sewer and water service. Engineering: 1. The applicant shall record typical drainage and utility easements around the perimeters of each parcel. 2. The applicant shall enter into an encroachment agreement for the existing fence and retaining wall on Parcel B and the existing retaining wall on Parcel A within the newly created drainage and utility easement prior to, or concurrently with, the recording of the subdivision. 3. Retaining walls shall not be constructed within drainage and utility easements. 4. Prior to connecting to the existing service laterals, the applicant's contractor shall verify their serviceability. For sanitary sewer, this shall be accomplished via CCTV which will be provided to the city for review prior to connection. 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021 they total $13,173.94, and are enumerated as such: a. Partial Hookup Fees: a Water Hook -Up fee of $2,476.00 and a Sewer Hook -Up fee of $691.00 b. Surface Water Development Fee: $4,206.94 c. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the dripline or the furthest point possible from the trunk around trees #391 and #397. 2. If trees #391 or #397 are damaged or removed due to construction, they must be each be replaced with a 2.5" overstory shade tree. Parks & Recreation: 1. Park Dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Planning: The existing patio on Parcel B shall be removed. T he applicant may provide a security in the amount of 110 percent (110%) of the cost for its removal. If a building permit for a house on Parcel B is applied for within 12 months of the approval of the subdivision, then the security shall be returned. Water Resources: 1. The applicant shall obtain all necessary permits from the Minnehaha Creek Watershed District, or show written proof that no permit is necessary from the District. 2. The Surface Water Development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021, the Surface Water Development fee totals $4,206.94. And adoption of the Findings of Fact and Decision. Passed and adopted by the Chanhassen City Council this 101h day May of 2021. ATTEST: Laurie Hokkanen, City Manager YES NO Ryan McDonald Campion Rehm Schubert 3 F— ' /ZV/4� Elise Ryan, Mayor ABSENT