The URL can be used to link to this page

CAS-07_GAUER ADDITIONPlanning Case No. d_7 —U / CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Name Contact: Lku{LIE C•-tn ur 2 Phone: 474 -LA ct S I Fax:_ ,oAte_ Email: naue�mt , #„1,P r , •°: <ti Owner Name Phone: y1 u--AA cIS l Fax: Email: 4 t to r_ mfn Q fyi�oo . c r ran NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit ([UP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* l Q Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) ,-�(_ Variance (VAR) Z C C> Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost** 1 $450 Minor SUB, - ko to pa cd w/Cj�-ca TOTAL FEE $ `7= An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: AU = R- �wrn nt,3 LOCATION: nNr` ( �kbN f— LJR )F CINRNI4R' `azF— � LEGAL DESCRIPTION: l FDR C�EST� l �C1C O cal F TOTAL ACREAGE: WETLANDS PRESENT: YES X NO PRESENTZONING: "NSF REQUESTED ZONING: � ` 1 PRESENT LAND USE DESIGNATION: " tte_4 '�U11 lCkl REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: U2-SNT E 'iwo Lsr� U fT►t �cc.Es� o►.�rc� ��'r E S�T�GE-r This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the speck ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge- '2-15 4 Date Z (S V ScANNeo Date CiApi-Akf6rms6evelopment Review Application.DOC Rev. 12/05 GAUER ADDITION - PLANNING CASE 07-06 $300 Subdivision $200 Variance $200 Notification Sign $700 Paid via Mastercard $650 and $50 SCANNED Areas & Hardcover & Canopy ..[.I as In. osrwpy on Let 2. 16275 SQ. R. 78.1 %of Lot 2 Proposed en. wrwPy aver Lot 2 12160 5Q. A R. 53%ol Lot 2 prepes.d annoy redamon ovea in 2 4661 so FT. or 22.4 % proposed Let 1 213" SQ. R. proposed Lot 2 20838 SQ. R. proposed Oullol A 5429 SO. R. prepmed Goav Addhi.a 42646 SQ. R. LOT 1 cirlwaway 1443 SO, R. LOT 1 building 21 S65Q. R. LOT I sldo rolk 4 stoop 120 So. R. LOT 1 shod 85 50. R. LOT I retaining will 1245Q. R. axhfinR nerel hardcover e n Ler 1 3929 SQ. R. .ftexible p5%) Mrda nna an We 1 5345 SQ. R. MISTING TOTAL HARDCOVER en Let 1 18.4% LOT 2 IWur. ddwnay 1210 SQ, R. LOT 2 b hiding 2T30 SQ. R. LOT 2 loran eldewelk S stoop IN SQ. R. LOT 2 lawn covered desk 100 50. R. LOT 2 furore '"a120 SQ. R. LOT wlar..1m dn ES SQ. R. LOT 2 lawretaining wall ret SQ- R. proposed total hardcover on Lad 2 50" SO. R. .I1ew.bl.(25%) hardcover an ter 2 520 SQ. R. PROPOSED TOTAL NARDCOVRR an lot 2 24.04% TREE INVENTORY BY OTHERS See SUGARMAPLE IV NO SPRUCE 12- R01 SPRUCE I2' 602 BASSWOOD 1P 603 SUGAR MApIE 11- IN WALNUT 16' 605 WALNUT 12- B06 RED OAK 13- B02 Al. IV NO RED OAR 16- 609 ELM I3- .10 ..It. OAK 3V eft WHTn OAK IF- 612 BURR OAK 2V .1. BA3SWO03 24- 614 sOxILDER I3- 613 ELM 13' 616 IRx w' 612 ASH IV old ConoNWOOD w' 619 As" 12- w0 COTTONWOOD 23- 621 BASSWOOD 1r 622 ConorvwoOD 3e- 623 COTTONWOOD 22- 624 COTTONWOOD 38' 625 COTTONWOOD TO- 626 APPLE IT 627 RUSSIAN OUVI IV Frank R. Cardarelle Land Surveyor, Inc. 6440 Flying Cloud Drive Eden Prairie, Minnesota 55344 ph 952-941-3031 lax 952-941-3030 .S N0 s FROFDSED GAUDER WDDUIN Laurie Grauer 3820 Lone Cedar Lone Chaska, MN 55318 I hereby cenlly than this Survey waa prepared by me or under nor direct our e-lo.n. I am a duty ngbr.r.d land sarveyer under the laws of the Slate of Minnomo. Frank R. Cord.relle, L.S. Do. Reglx nfle. No. 6508 Dmwing —1-d! on _ PROPOSED SUBDIVISION DESCRIPTIONS Los 1, Block One, Gouar All.......ding ienM proposed plat Iher.al In Comr, County, Mlm..xnla Lot 2, Block One, Gauer Addition, according 1us do proposed plot thereat in Camr County, Minnesota Oullel A, Gauv Addlllon, according no IM prepared plat thereof In Carver Cotner, Mlnneeaa. ne+, 6r19n 0roen6aNr elevenen ,a au00.a.d erg. if -ire a race, avee....d dodE. vemaua tee save ln..mry name. Rµv re.nlnln0'.^Il hemm Glad. afro ,xaln:ne wen rara vroe. e.I nn9—.1—wlMY lnxrvnl y� p po E-eira Bmv Wreloans cnd n.M.11.Name w Novo toils eumm Areas & Hardcover & Canopy proposed 1.1 213y9 0 8. , Proposed Lot 2 2. 50. "n. ,,.Pa.. it Geller A 3429 SO. R. prepaeed ma.r Addlnon 47646 s0. LOT I drleowwy lM M. n. LOT I bending 2136 S0. EY. LOT 1 i ld.nalk A creep 120 W. rt. LOT 1 eh.d a3 S0. ET. j LOT 1 retaining well 124 50. fl. eRHting tu.I handle— on lM 1 3928 5% n. allewabb (25%) hardioe., on LAI l 5345 SO. IT. EXISTING TOTAL HARDCOVER on Los 1 18.4% Relining ne. mnoPY ea Let 3, 16273 SO. R. 711A %el 1.2 propo>ed bee canopy on Lot 2, 12160 SEE. ff. 5B.4 %M Let 2 pr0pes.d canopy nduAon on Lai 2, 4"1 SO. n. IT 22A% TREE INVENTORY BY OTHERS 399 SUGAR MAPLE 15" 600 SPRUCE 12- 601 SPRUCE I3- 602 BASSWOOD IV 603 SUGAR MAPLE It- 604 WALNUT IY 606 NUTOAK 12' ^ \ RED 606 RED OAK `� 607 BAN IV 608 RED OAR 16' 9� IRS FEES 13' 610 WHITE OAR So- .- 611 WHITE OAK 19' L)H 612 BURR OAR 36- 613 BASSWOOD 24- j8 614 BO%aDER 13' 611 ELM 13' 611 ASN IV 617 AS. u' aS COTTGNWOOD w .1, Ast 12- 620 COTTONWOOD 23' 621 BASSWOOD u' 622 COTTONWOOD She 623 COTTONWOOD 22- 624 COTTONWOOD W 622 COTTONWOOD ]P 626 APPLE 12- 62] RUSSIAN OLIVE IY I hereby nNlfy that his survey was prepared by me or undo my dine...p.Meen. I am a duly roglatend lend .—Her censfise dhi, x M he Store M Agnnasela. Fronk R. CordarMN, L.S. Date R.g1.Ira11M No. WIN Drawing revised We V J FRO POSED (11AUE 8 ADOMOK fery� V ^" Wit• . Tq A l6RM t tar ?NN AVE n' rq re,tii�ywq Y NO. F PREPARED FOR Laurie Gauer 3820 Lone Cedar Lane Chaska, MN 38316 DESCRIPTION OF LAND SURVEYED Lot 4, Block One, CEDAR CREST, Career Co.", Minnesota, manner lry to the fltetl and -,ended plot In the Ce airy Remedore .1le., Cones, C... ty, MlnnewM. TOGETHER WITH that pan M Cedar Cnsl Court In CEDAR CREST, according to the recorded plat thereof, Career County. Minnesota, lying east of the following described line: Commencing at the southwest corner of Let 4, Block One In CEDAR CREST: 1Mnn South 33 degrew 34 minutes 32 sewnde West, assumed bearing, along the wmbrly extension of the weed line M said W 4, a shimm e. M 5.66 beel: neon South 16 degrees IJ minute. 55.-and. East, o clean of 10l6 feel to the northerly right M way line M State HlBhwny No. Send sold described Imo lheceon Head rIng. SUBJECT TO roadway, sanitary rower, storm Power, and Inner line s, If any, recorded to the County R.wrd.rs office. Caner ce nty. Ahmenm . ..........I sore.,. re huh. w Now 1929 datum 4 ____-_ _ \ PROPOSED aAUER ADDITION DESCRIPTIONS ��. Les 1, Naek On., 0.... Addition, arwrding ra Her proposed plot thereof In Cervor County, Minnes.lo. pY Let 2, Bona one, Ga u.r Addition, a,wrding to the Proposed plan Theoef in Court County, Minrwwm. GuBot A, Gauer Addition, according to the proposed plot thereof in Career County, Minnwmo. moo we ..wrwy number Frank R. Cardarelle Land Surveyor, Inc. 6440 flying Claud Drive Eden Prairie, Minnesota 55344 ph959-941-3031 fo.952-941.3030 FRO POSED (11AUE 8 ADOMOK fery� V ^" Wit• . Tq A l6RM t tar ?NN AVE n' rq re,tii�ywq Y NO. F PREPARED FOR Laurie Gauer 3820 Lone Cedar Lane Chaska, MN 38316 DESCRIPTION OF LAND SURVEYED Lot 4, Block One, CEDAR CREST, Career Co.", Minnesota, manner lry to the fltetl and -,ended plot In the Ce airy Remedore .1le., Cones, C... ty, MlnnewM. TOGETHER WITH that pan M Cedar Cnsl Court In CEDAR CREST, according to the recorded plat thereof, Career County. Minnesota, lying east of the following described line: Commencing at the southwest corner of Let 4, Block One In CEDAR CREST: 1Mnn South 33 degrew 34 minutes 32 sewnde West, assumed bearing, along the wmbrly extension of the weed line M said W 4, a shimm e. M 5.66 beel: neon South 16 degrees IJ minute. 55.-and. East, o clean of 10l6 feel to the northerly right M way line M State HlBhwny No. Send sold described Imo lheceon Head rIng. SUBJECT TO roadway, sanitary rower, storm Power, and Inner line s, If any, recorded to the County R.wrd.rs office. Caner ce nty. Ahmenm . ..........I sore.,. re huh. w Now 1929 datum 4 ____-_ _ \ PROPOSED aAUER ADDITION DESCRIPTIONS ��. Les 1, Naek On., 0.... Addition, arwrding ra Her proposed plot thereof In Cervor County, Minnes.lo. pY Let 2, Bona one, Ga u.r Addition, a,wrding to the Proposed plan Theoef in Court County, Minrwwm. GuBot A, Gauer Addition, according to the proposed plot thereof in Career County, Minnwmo. moo we ..wrwy number Frank R. Cardarelle Land Surveyor, Inc. 6440 flying Claud Drive Eden Prairie, Minnesota 55344 ph959-941-3031 fo.952-941.3030 CAWBELL KNUTSON Professional Association Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 FAX: (651) 452-5550 FILING OF DOCUMENTS TO: X COUNTY RECORDER REGISTRAR OF TITLES Please complete, date, and sign this f ornz upon assigning docanzent numbersfor the documents listed below and return completed form to SUE NELSON at the Chanhassen City Attorneys office at the address shown above. A self-addressed envelope is provided for your convenience. CLYENT/MATTER: CITY OF CHANHASSEN — GAUER ADMON Developer: Scott P. and Laurie A. Gauer THE FOLLOWING DOCUMENTS) Abstract WERE FILED: Document No. 1) Plat 2) Declaration of Easement l4 '(Oct G 3) 4) Torrens Document No. at 6yj o'clock A.M4/ on e::-�! — 7 , 2007, with the County Recorder / Registrar of Titles of Carver County, MN SIGNED: Thankyou! 131772 o-1 -(�-] CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 9, 2007 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjomhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Lori Haak, Paul Oehme, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Rick Dorsey Mark Peterson Amy Johnson Matt Rasmussen PUBLIC ANNOUNCEMENTS: 1551 Lyman Boulevard 6330 Trapline Circle 2905 Butternut Drive 1026 Bluff Pass South, Chaska Mayor Furlong: Thank you and welcome to everybody here in the council chambers and those joining us at home as well. We're glad that you joined us. I'd like to start this evening and ask if there are any changes or modifications to the agenda by any members of the council? If not, we'll proceed with the agenda as published without objection. CONSENT AGENDA: Councilman Peterson moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated March 26, 2007 -City Council Verbatim and Summary Minutes dated March 26, 2007 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated March 20, 2007 C. Gauer Addition, 3820 Lone Cedar Lane: Lot 4, Block 1, Cedar Crest; Applicant, Scott and Laurie Gauer: Approval of a Two -Lot Subdivision with a Variance for Access Off a Private Street. d. Resolution #2007-24: Lake Lucy Ridge, Project 01-03: Accept Streets and Utilities. e. Approval of City Code Amendment to Chapter 10 Concerning 3.2 On -Sale Beer Licenses (Housekeeping Item). SCANNED Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized CARVER & HENIN agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full NOTICE OF PUBLIC HEARING knowledge COUNTIES PIES er a of the facts herein stated as follows: PLANNING CASE NO.07-07 NOTICEISHEREBYGIVEN that (A) These newspapers have complied with the requirements constituting qualification as a legal the Chanhassen Planning newspaper, as provided by Minnesota Statute 33IA.02, 331A.07, and other applicable laws, as Commission will hold a public amended hearing on Tuesday, March 20, 2007, at 7:00 p.m. in the Council Chambers (B) The printed public notice that is attached to this Affidavit and identified as No. i Blvd. The purpose earinget was published on the date or dates and in the newspaper stated in the attached Notice and said Blvd. The purpose of this hearing is Notice is hereby incorporated as art of this Affidavit.aid notice was cut from the columns of to consider a request for a two -lot s rW P Subdivision with a Variance for the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both access oflaprivatestreet onproperty inclusive, and is hereby acknowledged as being the kind and size of type used in the composition located at 3820 Lone Cedar Lane (Lot and publication of the Notice: 4, Block 1, Cedar Crest) - GAUER ADDITION. Applicant: Scott & abcdefghijklmnopgrstuvwxyz Laurie Gauer. A plan showing the location of ^. the proposal is available for public / A review WAY Ll Cthe Gity's web site at ��/// "` jh] 1 acre .mn.uS/ Laurie A. Hartmann sery p a - oratLity Hall during regularbusmess hours. All interested persons are invited to attend thispublichearingandexpress Subscribed and sworn before me on their opinions with respect to this proposal. Robert Generous, Senior Planner Email: this day of 2007 UWEN M. RCUENZ bRenerouslWh h Cw=11L No kgY4UB'JC-MNNESGTA Phone: mz-227- 1131 My Cammistn E+ai2s Jen 3i, 2010 (Published in the Chanhassen V iRager onThursday,March 8, 2007; No.4846) Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ............................... $40.00 per column inch Rate actually charged for the above matter .............................................. $11.89 per column inch SCANNED CF1-a-7 April 10, 2007 CITY OF CIIANIIASSEN Scott & Laurie Gauer 3820 Lone Cedar Lane 7700 Market Boulevard Chaska, MN 55318 PO Box 147 Chanhassen, MN 55317 Re: Dauer Addition Administration Planning Case #07-07 Phone: 952.227.1100 Fax 952227.1110 Dear Scott and Laurie: Building Inspections Phone: 952.227.1180 This letter is to confirm that on April 09, 2007, the Chanhassen City Council Fax:952.227.1190 approved the final plat for Gauer Addition, a two -lot, one outlot subdivision with a Engineering subdivision Variance for access off a private street, plans prepared by Frank R. Phone:952.227.1100 Cardarelle dated February 11, 2007, subject to the following conditions: Fax: 952,227.1170 Finance 1. Each lot must be provided with separate sewer and water services. Phone: 952.227.1140 Fax: 952.227.1110 2. Address numbers must be posted on each home and on Lone Cedar Lane at Park & Recreation the private street entrance. Phone: 952.227.1120 Fax:952.227.1110 3. Building permits are required for retaining walls. Retaining walls must be Recreation Center designed by a structural engineer licensed in the State of Minnesota. 2310 Coulter Boulevard Phone: 952.227.1400 Fax:952.227.1404 4. If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before Planning & Natural Resources building permits will be issued. Phone: 952.227.1130 Fax: 952.227.1110 5. Full park fees will be collected in lieu of land dedication for one lot in the Public works amount applicable at the time of final plat approval. 1591 Park Road Phone:952.227.1300 6. Tree protection fencing shall be installed at the edge of grading limits prior to Fax:952.227.1310 construction. Senior Center Phone:952227.1125 7. Any trees identified as being saved on plans dated 2-11-07 that are damaged Fax:952.227.1110 or removed shall be replaced at a rate of 2:1 diameter inches. Web Site www.ci.chanlassen.mn.us 8. A minimum of one tree is required in each front yard. 9. A cross -access easement and maintenance agreement for the private street in Outlot A will need to be prepared and recorded. 10. All structures (with the exception of one water -oriented accessory structure on each lot that complies with Subsection 20-481(e)(2) of Chanhassen City Code) shall be set back a minimum of 75 feet from the OHW of the lake (944.5). SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Scott and Laurie Gauer April 10, 2007 Page 2 11. All grading or vegetation removal shall be subject to Section 20-482 of the City Code. 12. Any existing and proposed docks on the subject properties shall meet the requirements of City Code Section 6, Article 2. 13. All erosion and sediment control measures shall be installed in accordance with the approved building permit. 14. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $5,450. 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 16. The Hydrocad calculations are acceptable to the City provided the Minnesota Department of Transportation drainage permit is approved and the roof downspouts are directed to the rear of the new home. 17. The garage floor elevation should be raised to prevent water from entering the structure. A minimum slope of two percent is required on the west side of the driveway. 18. Install a valley gutter along the front of the driveway to prevent drainage from entering property. 19. Ground (i.e. non -paved) surface grades shall not be less than 2%. 20. Emergency overflow locations and elevations must be shown on the plan. 21. An easement is required from the appropriate property owner for any off -site grading. 22. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23. Encroachment agreements are required for any retaining walls proposed within drainage and utility easements. 24. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25. Install cleanout for the sewer service at the bend of the sewer service for Lot 2. 26. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. Scott and Laurie Gauer April 10, 2007 Page 3 Two signed mylar copies of the final plat shall be submitted to our office for signatures. Two 1 "=200' scale mylar reductions of the final plat and one 1 "=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in Axf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. You will also need to submit a cross -access easement and maintenance agreement for the private street to be recorded. Finally, a check payable to the City of Chanhassen in the amount of $11,860.00 shall be submitted to the City for City Attorney review of the plat and recording of the plat and easement document ($550.00), GIS fee ($60.00), park fees ($5,800.00) and SWMP fees ($5,450.00). The City will submit all the necessary documents to Carver County for recording of the subdivision. If you have any questions or need additional information, please contact me at (952) 227-1131. Sinc y, Robert Generous, AICP Senior Planner RG:ktm ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Jerry Mohn, Building Official 9"Vbn\2007 planning c \07-07 gang aftt m%appmval letta.dm CAMPBELL KNUTSON Professional Associatio__ !44 Author's Direct Dial. (651) 234-6222 E-mai/Addr . snelson@ck-law.com RECEIVED MAY 1 8 2007 CITY OF CHANHASSEN May 17, 2007 Thomas J. Campbcl! Roger N. Knutson BY COURIER SERVICE Thomas M. Scott Elliott B. Knctsch Ms. Julie Niewald Joel J. Jamnik Mina Realty Title Andrea McDowell Poehler Matthew K. Brokl• 6800 France Avenue So., Suite 160 Soren M. Mattick Edina, Minnesota 55435 John F. Kelly Henry A. Schaeffer, III RE: GAUERADDnToN, Chanhassen, MN Alin Schwartz (Developer: Scott P. and Laurie A. Gauer) Craig R. McDowell Your File No. 820391 Marguerite M. McCarro; ' Also licensed in Wisconsin Dear Ms. Niewald: This office is legal counsel for the City of Chanhassen. The City hereby releases to you in escrow the official final plat Mylar for GAuER ADDrrm, together with one Mylar reduction (1" = 200' scale) of the final plat for the County Surveyor as well as various paper reductions of the final plat for the County Auditor's office. Also enclosed is a Declaration of Easement executed by the Gauers for the driveway easement area. The plat and the Declaration of Easement appear to be in order and you may record the same with Carver County subject to the following conditions: 1) You should not release the plat to anyone except under the conditions specified in this letter. 2) The plat and the Declaration of Easement need to be recorded before any new deeds and mortgages from your closing, if any. 3) The 2007 taxes need to be paid in full before the plat can be filed. The Carver County Taxpayer Services Department shows that at this time only the first half taxes have been paid (see attached tax statement). One thing I noted though, and I am not certain if it will be a problem or not, is that the Gauers took title to the subject property by warranty deed Sled August 2, 1989 as 1380 Corporate Center Curs SCOTT P. GAUER and LAURIE A. GAUER — the final plat Mylar doesn't use their Suite 317 ' Eagan, MN 351 _ 651-152-5000 middle initials anywhere the names appear, although Laurie did sign her name using Fax 651-452-5550 her middle initial --just thought I'd mention it. www.ck-law.com T Ms. Julie Niewald Edina Realty Title May 17, 2007 Page 2 Also enclosed is this firm's check in the amount of $102.00 to cover the recording fees for the final plat Mylar and the Declaration of Easement as outlined on the enclosed Summary of County Plat Fees sheet. As noted in plat certification sheet, the Carver County Taxpayer Services Department informed me that effective January 1, 2007, in addition to the recording fees required by the Carver County Recorder's Office, the Taxpayer Services Department is requiring a plat fee of $100.00 plus $10.00 for each lot and outlot within the plat. Therefore, I have included a second check in the amount of $130.00 to cover those additional fees. If the conditions for recording the plat cannot be satisfied within thirty (30) days, the plat and all related documents should be returned to me. Once all documents have been recorded with the County, please provide this office with the appropriate recording information by requesting the County Recorder to complete the enclosed blue "Filing of Documents" sheet and forward the same to me in the self-addressed envelope provided. If you have any questions, please call. Regards, CAMPBELL KNUTSON Professional Association BY: Su an R Nelson gal sistant SRN:ms Chanhassen City Attorney's Office Enclosures cc: Alyson Fauske, Asst. City Engineer (letter only) Bob Generous, Senior Planner (letter only) Scott & Laurie Gauer (letter only) Agreed to and accepted this day of May, 2007. EDINA REALTY TITLE Julie Niewald TO: CAMPBELL KNUTSON ATTN: SUE NELSON 317 EAGANDALE OFFICE CENTER 1380 CORPORATE CENTER CURVE EAGAN, MN 55121 RECORDING FROM: CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 MARKET BOULEVARD PO Box 147 CHANHASSEN MN 55317 PA 5 q SZ 2.'2!7 - %t 31 Enclosed are the following for recordation: / inal Plat Mylars ("Official Copy") W 1" = 200' scale paper copy of the final plat (for Carver County) ❑ n ntract /V A ❑ Mortgage Holder Consent to Plat ❑ Mortgage Holder Consent to the Development Contract ❑ Quit Claim deed (if deeding an outlot to the City) VIll�{ Easements: ?r%y A1<Nt_x 8d9 - Gi [ u sS A j i w� VOther: 4�c, J2 CW&+j-,jL-c,j`ee ❑ A copy ofthe title commitment o%r deed 1 w.c Cka�, o rr' • 5l rr/07 rc i�u►w�1JC The City of Chanhassen has received the following, as required: GY /Final Plat Mylars ("City Copy") `!'J TWO, 1" = 200' scale mylar reductions of the final plat ❑ One, 1" = 200' scale mylar reductions of the final plat (with street names and lot and block numbers only) ❑ Security: $ IQ/ Cash fee: $ ❑ Digital copy of the final plat in .dxf and .tif formats (.pdf compatible) in Carver County coordinates Developer has been notified that the following must be done before the plat can be filed: IWCurrent year property taxes must be paid in full and any delinquent property taxes or green acres taxes must also be aid. 04 -it 2—D 31) T IC N i etzft r 5 !10o M JD (�80a rrr�c C4Sz� q-z8- 5-2$1 Commonwealth Land Title Insurance Company Issued by its Agent, Edina Realty Title, Inc. COMMITMENT 614i:Is1oil) 0aI1 1. Effective Date: April 25, 2007 at 7:00 AM 2. Policy or Policies to be issued: (a) Cl Proposed Insured: (b) Ll ALTA Loan Policy - 10/17/92 Proposed Insured: NONE (c) ❑ Case No. p431 Amount - 0 - Amount - 0 - Amount Proposed Insured: 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in Scott P. Gauer and Laurie A- Gauer, joint tenants 4. The land referred to in the Commitment is described as follows: Lot 2, Block 1, Grauer Addition, Carver County, Minnesota. Edina Realty Title By: Countersigned at Edina, Minnesota Authorized Officer or Agent This oonunitment is invalid unless the Insuring Provisions and Schedules A and B are attached_ Schedule A consists of 1 page(s) Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE B - Section I Requirements The following are the requirements to be complied with: 1. If the gap period is to be insured, this transaction must be closed by Edina Realty Title. 2- File of record the plat of Gauer Addition. Please also provide a copy of the recorded plat to the company prior to the closing. 3. The proposed plat of Gauer Addition contains Lots 1 and 2, and Outlot A. Please inform the company as to the intended use of Outlot A, including whether there will be an association created or if any restrictions and/or easements will be created that affect the Outlot. 4. Pay in full all taxes due and payable in the year 2007. 5. File of record the proposed Declaration of Easement by Scott P. Gauer and Laurie A. Gauer. 6. The above referenced Declaration of Easement contains a description of a driveway easement area that is intended to benefit Lot 2, Block 1, Gauer Addition. Please provide a survey to the company which shows the exact location of the driveway easement so the company can verify that Lot 2 has access to a public road via the easement. 7. A deed from Scott P. Gauer and Laurie A. Gauer, husband and wife, to Marty Schutrop Building & Development Corporation must be signed and recorded. 8, Edina Realty Title's "Affidavit by Seller" or an affidavit of similar form must be signed at the closing by Scott P. Gauer and Laurie A. Lauer, husband and wife. 9. A mortgage from Schutrop Building & Development Corporation, to (Lender to be determined) in the amount of (TBD) must be signed and recorded. 10. Edina Realty Title's "Affidavit by Mortgagor" or an affidavit of similar form must be signed at the closing by Schutrop Building & Development Corporation. 11. This Commitment was prepared from public records. Edina Realty Title was not furnished with an Abstract of Title and no Abstract will be provided at the closing. If it is desired that an Abstract be made, it will be necessary to collect an amount at the closing sufficient to cover the cost of production. 12. A completed Certificate of Real Estate value must accompany each deed or conveyance which is to be recorded. Case No. p431 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B 1 cousin of 2 page(s) Commonwealth Land Title Insurance Company MI-1 9 a NF ID►Y SCFIEDULE B - Section I Requirements 13. If the buyers do not wish to purchase an Owner's Policy of Title Insurance, they must sign Edina Realty Title's "Notice of Availability of Owner's Title Insurance" at the closing. 14. VERIFY PRIOR TO CLOSING THAT THERE ARE NO UNPAID WATER/UTILITY CHARGES ON SUBJECT PROPERTY. 15. A completed Well Disclosure Certificate must accompany each deed or conveyance which is to be recorded; or, the deed must certify that there are no wells on the property. For Well Certificate: Contact the Abstracting Department at 952-928-5234 for the Y.,'/4, Section, Township, Range location information. 16. If there are any questions concerning this Commitment, please contact our Customer Service Department at 952-928-5200. 17. INFORMATIONAL NOTE: The property to be insured is Abstract Property. 18. Commitment typed and examined by Dan Pearson on 5/16107. Case No. p431 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule Bl consists of 2 page(s) Commonwealth Land Title Insurance Company FORMS Y►II ► 1 SCHEDULE B - Section 11 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. General Exceptions: A. Facts which would be disclosed by a comprehensive survey of the premises herein described. B Rights and claims of parties in possession. C. Mechanics', Contractors', or Matcrialmen's liens and lien claims, if any, where no notice thereof appears of record. D. Any change in title occurring subsequent to the effective date of this Commitment and prior to the date of issuance of the TITLE POLICY. E. Taxes and assessments commencing in the year 2007 and thereafter. 1. The following exception will appear on an Owner's Policy to be issued: No coverage is given for unpaid utility and water bills, if any, which are not a lien on the subject property, 2. Taxes due and payable in the year 2007 in the amount of $8,286.00 which are one-half paid and one- half due and payable. The base tax amount is $8,261.00. The real estate property ID or Plat and Parcel Number is 25.1700040. (Underlying PID.) The 2007 taxes are homestead. No representation is made regarding subsequent years' homestead tax status. 3. No coverage is given for levied or pending county or municipal assessments. 4. No coverage is given for any facts which would be disclosed by an accurate survey of the land. NOTE: This exception will be deleted upon receipt of a currently dated survey. 5. There is an easement for drainage and utility purposes over that part of the property as shown on the recorded plat. 6. Subject to a 20 foot easement for sanitary sewer purposes, as described in Book 110, pages 400-401, and as shown on the plat of Gauer Addition. 7. Subject to the terms and conditions of Declaration of Easement to be filed by Scott P. Grauer and Laurie A. Gauer which in part grants a driveway easement to Lot 2, Block 1, Gauer Addition, and also provides for road maintenance obligations. Case No. p431 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B2 consists of 2 page(s) Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE B - Section II Exceptions 8. Terms and conditions of Resolution No. 91-108 by the City of Chanhassen which vacates a portion of Cedar Crest Court, and reserves an easement for utility and drainage purposes over the northerly 30 feet and the easterly 20 feet of the vacated portion of Cedar Crest Court, as described in Document No. 143714. 9. Terms and conditions of Easement Agreement recorded April 9, 1993 as Document No. 148124, which grants to the owner of Lot 3, Block 1, Cedar Crest, in part, easements over a portion of Lot 4, Block 1, Cedar Crest (now platted as Gauer Addition). 10. No coverage is given for the rights of the United States of America and/or the State of Minnesota, the municipality and the public in and to that part of the land which may be within the bounds of Minnewashta Lake. Case No. p431 This commitment is invalid unless the Insuring provisions and Schedules A and B are attached. Schedule B2 consists of 2 page(s) LOW April 10, 2007 CITY OF CgANAASSEN Scott & Laurie Gauer 3820 Lone Cedar Lane T700Market eoolerard Chaska, MN 55318 PO Box 147 Chubssen, MN 55317 Re: Dauer Addition Administration Planning Case #07-07 Phorie: 952227.1100 Fax952227.1110 Dear Scott and Laurie: Building Inspections Phone:952.227.1180 This letter is to confirm that on April 09, 2007, the Chanhassen City Council Fat 952.227.1190 approved the final plat for Gauer Addition, a two -lot, one outlot subdivision with a Engineering subdivision Variance for access off a private street, plans prepared by Frank R. Phone 952227.1160 Cardarelle dated February 11, 2007, subject to the following conditions: Fax 952227.1170 Finance 1. Each lot must be provided with separate sewer and water services. Phone:952.227.1140 Fax:952227.1110 2. Address numbers must be posted on each home and on Lone Cedar Lane at Park & Recreation the private street entrance. Phone:952227.1120 Fax952.227.1110 3. Building permits are required for retaining walls. Retaining walls must be Recreation Center designed by a structural engineer licensed in the State of Minnesota. 2310 Coulter Boulevard Phone:952227.1400 Fax 952227.1404 4. If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before Planning a Natural Resources building permits will be issued. Phone: 952227.1130 Fax:952.227.1110 5. Full park fees will be collected in lieu of land dedication for one lot in the Public Works amount applicable at the time of final plat approval. 1591 Park Road - Phone:952.227.1300 6. Tree protection fencing shall be installed at the edge of grading limits prior to Fax:952227.1310 construction. Senior Center Phone 9522n.1 125 7. Any trees identified as being saved on plans dated 2-11-07 that are damaged Fax:952.227.1110 or removed shall be replaced at a rate of 2:1 diameter inches. Web Site www.d.chanlassen.mn.us 8. A minimum of one tree is required in each front yard. 9. A cross -access easement and maintenance agreement for the private street in Outlot A will need to be prepared and recorded. 10. All structures (with the exception of one water -oriented accessory structure on each lot that complies with Subsection 20-481(e)(2) of Chanhassen City Code) shall be set back a minimum of 75 feet from the OHW of the lake (944.5). The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beaulitul parks. A great place to live, work, and play. Scott and Laurie Gauer April 10, 2007 Page 2 11. All grading or vegetation removal shall be subject to Section 20482 of the City Code. 12. Any existing and proposed docks on the subject properties shall meet the requirements of City Code Section 6, Article 2. 13. All erosion and sediment control measures shall be installed in accordance with the approved building permit. 14. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $5,450. 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 16. The Hydrocad calculations are acceptable to the City provided the Minnesota Department of Transportation drainage permit is approved and the roof downspouts are directed to the rear of the new home. 17. The garage floor elevation should be raised to prevent water from entering the structure. A minimum slope of two percent is required on the west side of the driveway. 18. Install a valley gutter along the front of the driveway to prevent drainage from entering property. 19. Ground (i.e. non -paved) surface grades shall not be less than 2%. 20. Emergency overflow locations and elevations must be shown on the plan. 21. An easement is required from the appropriate property owner for any off -site grading. 22. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23. Encroachment agreements are required for any retaining walls proposed within drainage and utility easements. 24. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25. Install cleanout for the sewer service at the bend of the sewer service for Lot 2. 26. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. Scott and Laurie Gauer April 10, 2007 Page 3 Two signed mylar copies of the final plat shall be submitted to our office for signatures. Two 1"=200' scale mylar reductions of the final plat and one I"=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. You will also need to submit a cross -access easement and maintenance agreement for the private street to be recorded. Finally, a check payable to the City of Chanhassen in the amount of $11,860.00 shall be submitted to the City for City Attorney review of the plat and recording of the plat and easement document ($550.00), GIS fee ($60.00), park fees ($5,800.00) and SWMP fees ($5,450.00). The City will submit all the necessary documents to Carver County for recording of the subdivision. If you have any questions or need additional information, please contact me at (952) 227-1131. Robert Generous, AICP Senior Planner RG:ktm ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Jerry Mohn, Building Official gAplan\2007 planning mm\07-07 gauze additim\appm"I IeUer.doc Declaration of Easement This Declaration of Easement ("Declaration" is made as of the I1� ♦h day of May, 2007, by Scott P. Gauer and Laurie A. Gauer, husband and wife, (hereinafter referred to collectively as "Declarants"). RECITALS: A. Declarants are the fee owners of the following described property (hereinafter called the "Gauer Property": Lot 4, Block 1 Cedar Crest, Carver County, Minnesota. according to the filed and recorded plat in the County Recorder's Office, Carver County, Minnesota. Together with that part of Cedar Crest Court in Cedar Crest, according to the recorded plat thereof, Carver County, Minnesota, lying east of the following described line: Commencing at the southwest corner of Lot 4, Block One in Cedar Crest; thence South 32 degrees 34 minutes 32 seconds West, assumed bearing, along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly right of way line of State Highway No. 5 and said described line thereon terminating. Subject to roadway, sanitary sewer, storm sewer, and water line easements, if any, recorded in the County Recorder' office Carver County, Minnesota. B. The Gauer Property is subject to the terms of that certain Easement Agreement dated December 22, 1992, and recorded April 9, 1993 as Document No. 148124 in the Office of the County Recorder, Carver County, Minnesota, (hereinafter the "1992 Easement Agreement") which document provides for certain non-exclusive easements which affect the Gauer Property for the benefit of Lot 3, Block 1, Cedar Crest, according to the recorded plat thereof, Carver County, Minnesota (hereinafter "the Lot 3 Parcel"). C. The 1992 Easement Agreement contemplates ultimate subdivision of the Gauer Property into two lots. D. Declarants have re -platted the Gauer Property as the Gauer Addition, which consists of two lots and one outlot, denominated as Lot 1, Block 1, Lot 2, Block 1, and Outlot A respectively. E. Declarants wish to provide for certain easements affecting Outlot A and Lot 1. Block 1, Gauer Addition (referred to hereinafter collectively as the "Easement Parcels", for the benefit of Lot 2, Block I, Gauer Addition (referred to hereinafter as the " Benefited Parcel"). NOW THEREFORE, Declarants hereby declares as follows: 1. Declaration of Easement. Declarants hereby declare and establish a perpetual easement over, upon, across and beneath the Easement Parcels for the benefit of the Benefited Parcel as follows: (a) An easement for roadway, vehicular and pedestrian ingress and egress, short-term (not over -night) guest parking and underground utility purposes over, upon, across and beneath the surface of that portion of the Easement Parcels which is described on Exhibit A attached hereto (hereinafter called "Driveway Easement Area"). (b) An easement for snow deposit and underground utility purposes over, upon, across and beneath the surface of the strips of land, five (5) feet in width, adjoining both the Northerly and Southerly boundaries of the Driveway Easement Area; provided, however, that snow shall not be deposited in any present or future driveways on the Easement Parcel which access the Driveway Easement Area. Said easements described at (a) and (b) above shall be non-exclusive and in common with the use thereof for such purposes by the owners of the Easement Parcel and their tenants and invitees, but no other persons shall have any right to utilize the same. Any party who installs a utility line within the Driveway Easement Area shall be solely responsible for the cost thereof and shall promptly and at such parry's sole expense restore the Driveway Easement to its condition prior to the installation of such utility line, and shall also repair any damage to the Gauer Property caused by such installation. The 1992 Easement Agreement provides an easement for the planting and care of trees for the exclusive use and benefit of the owners of the Lot 3 Parcel. The owners of the Benefited Parcel shall make no use of within easement which would detract from the use of said trees as a natural buffer area. Trees located thereon may not be removed without the written agreement of the owners of the Lot 3 Parcel. The easements granted hereby are also subject to the easement for drainage and utility purposes reserved by the City of Chanhassen in connection with any vacation of Cedar Crest Court, plat of Cedar Crest. 2. Road Maintenance. The owner of the Benefited Property shall reimburse the owner of the Lot 3 Parcel for a share of all such Road maintenance and snowplowing costs thereafter incurred by the owner of the Lot 3 Parcel. Such share shall equal 50% times the ratio of (i) the length of that portion of the Northerly line of Road lying Westerly of the intersection with the centerline of the driveway on the Benefited Parcel. divided by (ii) the length of the Northerly line of the entire Road. Such reimbursements shall be made within ten (10) days after receipt by the owner of the Benefited Parcel of requests by the owner of the Lot 3 Parcel therefore, which shall include copies of paid invoices. If such reimbursements are not paid within such 10 day period, the amount due shall thereafter bear interest at the rate of 8% per annum and the owner of the Benefited Parcel shall also be liable for all costs of collection, including attorneys' fees. 3. Binding Effect. In the event of a transfer of ownership by contract for deed, the vendee (and not the vendor) shall be deemed to be the owner hereunder. If there is more than one owner of a parcel, then each thereof shall be responsible for payment and performance of the obligations of the owner of such parcel. 4. Bindine. This Declaration shall run with the Easement Parcels described above and shall be binding on all parties having any fight, title, or interest in the Easement Parcels, or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. 5. Appurtenant Effect. All the terms and conditions, rights and privileges set forth in this Declaration shall be perpetual and shall be appurtenant to, and run with the land. IN WITNESS WHEREOF, the Declarants have hereunto set their hands and seal the day a,, year firpa v written: . i,Y�L t, A. Gauer The consideration paid for this instrument is less than $500.00. SiNetback\CMM\20070eclaration of Easement-Gauer-5-11-2007.doc STATE OF MINNESOTA ) ) ss. COUNTY OF n , e -1--} The foregoing instrument was acknowledged before me this / � day of _y , 2007 by SCOTT P. GAUER and LAURIE A. GAUER, husband CHADWICK, MERTZ, BLEDSAW AND BENSON, P.S.C. 600 Market Street, Suite 240 P.O- Box 623 Chanhassen, MN (952)975-9960 4 EXHIBIT A Driveway Easement Area A strip of land, twenty (20) feet in width, the centerline of which is described as follows: Commencing at the Southwest corner of Lot 4, Block 1, Cedar Crest; thence South 32° 34' 32" West, assumed bearing, along the Southerly extension of the West line of said Lot 4 a distance of 5.86 feet; thence South 160 17' 55" East a distance of 42.04 feet to the point beginning of the centerline to be described; thence Southeasterly a distance of 40.16 feet along a curve not tangent to the last described line, said curve is concave to the Southwest, having a radius of 90.00 feet, a central angle of 25' 34' 13" and the chord of said curve bears South 640 53' 04" East; thence South 520 06' 00" East, tangent to last described curve, a distance of 87.53 feet to the Northerly right-of-way line of State Highway No. 5 and said centerline there terminating. The side lines of said strip are prolonged or shortened to terminate at the Westerly line of the vacated portion of Cedar Crest Court, and the Northerly right-of-way line of State Highway No. 5. EASEMENT AGREEMENT THIS AGREEMENT, Made and entered into this 2z -4.. day ofl-Lc -.� . 1992, by and among SCOTT P. GAUER and LAURIE A. GAUER, husband and wife (hereinafter called "Gauers"), and JOSEPH W. MITLYNG and MARILYN K MITLYNG, husband and wife (hereinafter called "Mitlyngs"); WnNESSETH, THAT: WHEREAS, Gauers are the fee owners of the following described property (hereinafter called "Gauer Property"): Lot 4, Block 1, Cedar Crest, according to the recorded plat thereof, Carver County, Minnesota; together with the vacated or to be vacated portion of Cedar Crest Court, as dedicated in said plat of Cedar Crest, being that portion lying Easterly of the following described line: Beginning at the Southwest corner of said Lot 4, Block 1, Cedar Crest; thence South 32�3432" West, assumed bearing, along the Southerly extension of the West line of said Lot 4, a distance of 5.86 feet; thence South 1611755" East, a distance of 78.76 feet to the Northerly right--of-way line of State Highway No. 5 and there terminating; and WHEREAS, Mitlyngs are the fee owners of the following described property (hereinafter called "Mitlyng Property"). Lot 3, Block 1, Cedar Crest, according to the recorded plat thereof, Carver County, Minnesota; and WHEREAS, the parties wish to provide for certain easements affecting portions of the Gauer Propurty for the ;enefit of the 141:tl nb Property. NOW, THEREFORE, for good and valuable consideration, including the conveyance to Gauers by Mitlyngs of their interest in said portion of Cedar Crest Court, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easements. Gauers hereby grant and convey to Mitlyngs, as joint tenants, their successors and assigns, for the benefit of the Mitlyng Property and the owners thereof and their tenants and invitees, the following permanent easements: Five DOtiar _ S IATE MANDATEil- F,n Fee Paid O . (a) An easement for roadway, vehicular and pedestrian ingress and egress, short—term (not over —night) guest parking and underground utility purposes over, upon, across and beneath the surface of that portion of the Gauer Property which is described on Exhibit A attached hereto (hereinafter called "Driveway Easement Area"). (b) An easement for snow deposit and underground utility purposes over, upon, across and beneath the surface of the strips of land, five (5) feet in width, adjoining both the Northerly and Southerly boundaries of the Driveway Easement Area; provided, however, that snow shall not be deposited in any present or future driveways on the Gauer Property which access the Driveway Easement Area. Such strips shall be planted in grass and maintained by the owner of the Mitlyng Property. (c) An easement for the planting and care of trees upon the Easterly ten (10) feet of vacated Cedar Crest Court. Said easements described at (a) and (b) above shall be nonexclusive and in common with the use thereof for such purposes by the owners of the Gauer Property and their tenants and invitees, but no other persons shall have any right to utilize the same. Any party -who installs a utility line within the Driveway Easement Area shall be solely responsible for the cost thereof and shall promptly and at such party's sole expense restore the Driveway Easement to its condition prior to the installation of such utility line, and shall also repair any damage to the Gauer Property caused by such installation. The easement for planting and care of trees described at (c) above shall be for the exclusive use and benefit of the owners of the Ktlyng Property, and the owners of the Mitlyng Property and Gauers shall make no use of said premises which would detract from its character as a natural buffer area. Specifically, the two mature Cottonwood trees located thereon will not be removed without joint agreement by the owners of the Gauer Property and the Mitlyng Property except in case of disease or other condition posing a threat of harm to persons or property. This grant of easements conveys after -acquired title; and Gauers covenant and represent that they have not made, done, executed or suffered any act or thing whereby the above granted easements now or at any time hereafter shall or may be imperiled, charged or encumbered in any manner, and Gauers will warrant the title to said easements against all persons claiming the same from or through Gauers as a result of any such act or thing. The premises affected by said easements may be encumbered by the mortgage recorded as Document No. 107227, but pursuant to the attached consent by the holder thereof the lien thereof is subordinated to said easements. The easements granted hereby are also subject to the easement for drainage and utility purposes reserved by the City of Chanhassen in the vacation of said portion of Cedar Crest Court. -2- --'IL11;-..oSGj Lieme HVI , W03 z;J@WA3IAPeQJ@MeiPeg3 XVAI 6018L LOOd/Ld/EO 2. Road Maintenance, The owner of the Mitlyng Property shall keep the road constructed on the Driveway Easement Area and extending Easterly therefrom within the right-of-way of State Highway No. 5 to the driveway on the Mitlyng Property, as shown shaded on the map attached hereto as Exhibit B (hereinafter called "Road"), in good condition and state of repair and shall plow all snow therefrom exceeding a depth of 2" with reasonable promptness. The owner of the Mitlyng Property shall maintain the Road in a condition comparable to that of Cedar Crest Court (also known as Lone Cedar Lane), or in a better condition if the owners of the Mitlyng Property and the Gauer Property so agree. If a dispute should arise as to necessary maintenance or repair of the Road, such dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Association or any successor organization performing similar functions, For so long as only one residence shall exist on the Gauer Property, all costs of such maintenance and snowplowing of the Road shall be paid by the owner of the Mitlyng Property. However, if the Gauer Property shall hereafter be subdivided into two lots, and a second residence constructed thereon, then from and after the initial occupancy of such new residence on the Easterly lot (hereinafter called 'New Lot"), the owner of such New Lot shall reimburse the owner of the Midyng Property for a share of all such Road maintenance and snowplowing costs thereafter incurred by the owner of the Mitlyng Property. Such share shall equal 50% times the ratio of (i) the length of that portion of the Northerly line of road lying Westerly of the intersection with the centerline of the driveway on the New Lot, divided by (ii) the length of the Northerly line of the entire Road, Such reimbursements shall be made within ten (10) days after receipt by the owner of the New Lot of requests by the owner of the Mitlyng Property therefor, which shall include copies of paid invoices. If such reimbursements are not paid within such 10-day period, the amount due shall thereafter bear interest at the rate of 8% per annum and the owner of the New Lot shall also be liable for all costs of collection, including attorneys' fees. 3. No Opposition to Subdivision. In the event that Gauers, their successors or assigns, shall hereafter apply for a subdivision of the Gauer Property into two (2) lots, Mitlyngs and/or any future owner of the Mitlyng Property, hereby covenant not to take any direct or indirect action to oppose such subdivision. 4. Allocation of Assessments. The parties hereto acknowledge that the Minnesota Department of Transportation has or will construct the Road. The parties hereto also acknowledge that the Gauer Property and the Mitlyng Property will be assessed certain costs with respect to such construction; i.e., storm drainage costs. Notwithstanding any actual proportionate assessment of such costs against -3- the Gauer Property and the Mitlyng Property by the City of Chanhassen, the parties hereto agree that the owner of the Gauer Property shall be responsible for 25% of the total amount assessed against both the Gauer Property and the Mitlyng Property, and the owner of the Mitlyng Property shall be responsible for 75% of such total assessment. In the event that the actual assessment by the City of Chanhassen is different from the aforesaid 25%/75% division, the owners of the Gauer Property and the Mitlyng Property agree to reimburse each other as required according to the 25%/75% division. If such reimbursements are not paid within ten (10) days after receipt of the request therefor, the amount due shall thereafter bear interest at the rate of 8% per annum and the defaulting party shall be liable for all costs of collection, including attorneys' fees. 5. Binding Effect. shall run with the land and shal parties hereto and their successors and a the Mitlyng Property, However, no 0 shall be liable for obligations hereunder ownership thereof and only the owner responsible for payment or performance ownership by contract for deed, the ven be the owner hereunder. If there is mo thereof shall be responsible for payment owner of such parcel. The easements and covenants herein contained 1 be binding upon and inure to the benefit of the ssigns as owners of the Gauer Property and weer of the Mitlyng Property or the New Lot which arise subsequent to the transfer of at the time such obligations arise shall be thereof. In the event of a transfer of dee (and not the vendor) shall be deemed to re than one owner of a parcel, then each and performance of the obligations of the 6. Conveyance to Gauers. Mitlyngs hereby convey to Gauers, as joint tenants, any interest they may have in Cedar Crest Court, except for the easements created hereby for the benefit of the Mitlyng Property. IN WITNESS WHEREOF, Agreemmeent o a date first above writt Jzn Scott P. Gauer Laurie auer the parties have entered into this en. Joseph W. Mitlyng &&4YA an' l4y�'nK Mitlyn The consideration paid for this instrument is less than $500.00. The State Deed Tax due hereon is $1.65. 51' Olo/goo IA TTe!ue wwa - WOO z1JaWN9TM0EQOP1dleTPeg3 XVAT 6b:91 LOOZ/lZ/Eo STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this a 7 day of OJAor . 1992, by SCOTT P. GAUER and LAURIE A. GAUER, husband and wife. ` F ,r�•w BRYAN 0. RONNINQ , Notary Pubtl¢ Minnesota .. Hennepin County Not Public tOMr Comm Eap 6 25.95 azy A. VlATKINSON � STATE OF MINNESOTA) i NOTARY F U86C-N!JNNESOTA DAKOTA COUNTY SS. My cu wo Exw A FED M i COUNTY OFdLBs The foregoing instrument was acknowledged before me this :;?,R day of 1992, by JOSEPH W. MTTLYNG and MARILYN K. MITLYNG, husband and wife. Notary Public -5- CONSENTS The undersigned NORWEST MORTGAGE, INC., being the holder of the mortgage on the Mitlyng Property which is recorded in the office of the Carver County Recorder as Document No. 136723, hereby consents to the foregoing Easement Agreement and agrees for itself and its successors and assigns to be bound thereby. The undersigned further acknowledges and agrees, for itself and its successors and assigns, that the lien of said Mortgage shall not extend to or encumber any interest in Cedar Crest Court other than the easements for the benefit of the Mitlyng Property which are created by the foregoing Easement Agreement. NORWEST MORTGAGE, INC. Its Assistant Vice President And Its As ista ecret r STATE OF MINNESOTA ) ) ss, COi.)NT OF HENNEPIN The fore oing instrument was acknowledged before me this 17th day of February fore Ruth M. Kovaiskz an Assistant Vice Pr sident and Rathryn L. Revord , an Assistant Secretary of NORWEST MORTGAGE, INC., a Minnesota corporation, on behalf of the corporation. Public JILL SCHOLTES NOTARY WBLIC-UMSSOTA HENNEPIN COUNTY �H cmm+selon Et�Ye+ 6ept. +4 t s� 0 The undersigned UNITED MORTGAGE CORPORATION, being the holder of the mortgage on the Gauer Property which is recorded in the office of the Carver County Recorder as Document No. 1072-27, hereby consents to the foregoing Easement Agreement and agrees for itself and its successors and assigns to be bound thereby, and that the lien of said mortgage shall be subordinate to the easements granted in said Easement Agreement. UNITED MORTGAGE CORPORATION STATE OF n�ri�n2sOl4 ) ) ss. COUNTY O Ane�, n ) The foregoing in ru en was a owledged before a day of Jem 1992, by r C.i a S of UNITED MORTGAGE CORPORATION, a 1V Q_ corporation, on behalf of the corporation. DRAFTED BY: DORSEY & WHITNEY (DB) 2200 First Bank Place East Minneapolis, Minnesota 55402 -7- N 14otgry Public _ PP AMA M ■ gk res. EXHIBIT A Driveway Easement Area A strip of land, twenty (20) feet in width, the centerline of which is described as follows: Commencing at the Southwest corner of Lot 4, Block 1, Cedar Crest; thence South 320 34' 32" West, assumed bearing, along the Southerly extension of the West line of said Lot 4 a distance of 5.86 feet; thence South 160 17 55" East a distance of 42.04 feet to the point of beginning of the centerline to be described; thence Southeasterly a distance of 40,16 feet along a curve not tangent to the last described line, said curve is concave to the Southwest, having a radius of 90.00 feet, a central angle of 25' 34' 13" and the chord of said curve bears South 64° 53' 04" East; thence South 520 06' 00" East, tangent to last described curve, a distance of 87.53 feet to the Northerly right--of—way line of State Highway No. 5 and said centerline there terminating. The side lines of said strip are prolonged or shortened to terminate at the Westerly line of the vacated portion of Cedar Crest Court, and the Northerly right—of—way line of State Highway No. 5. 0LOI800 [A I?ema WWO « W03 ZjjaMN3tnpey3amelPeU3 XVJI 0: 91 ZOOZA Z/60 Palm • �.`�, ``mow N LoI<c / rKu Ill , �.r. 100. -S S sruor •r5• DEC. 7• I9SU xM 5 H 1T7 r� r IA 11. Sr ``w E rw - , wC \ \\ p• OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER This is to certify that this doc ent w i ed In th''s Office�q theday 0 1921A. D.at�—_O'clock M. and was duly recorded as document no. 14812.4 C W. =SON JR. co ��y y.s cs, nr: G- CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 02/16/2007 4:17 PM Receipt No. 0034910 CLERK: betty PAYEE: Laurie Gauer Planning Case 07-07 Gauer Addition ---------- Use & Variance 500.00 Sign Permit 200.00 Total 700.00 Cash 0.00 Credit Cd Planning Case 07-06 Gauer Add 50.00 Credit Cd Planning Case 07-06 Gauer Add 550.00 Change 0.00 SCANNED CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 553 03/15/2007 8:14 AM Receipt No. 0037303 CLERK: betty PAYEE: SCOTT GAUER 3820 LONE CEDAR LANE CHASKA MN 55318 Property owners ------------------------------------------------------- GIS List SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 M1O, (952) 227-1100 am= To: Scott & Laurie Gauer 2830 Lone Cedar Lane Chaska, MN 55318 Invoice SALESPERSON DATE TERMS KTM March 8, 2007 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 11 Property Owners List within 500' of 3820 Lone Cedar Lane (11 labels) $3.00 $33.00 TOTAL DUE $33.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for March 20, 2007. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #07-07. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Date: February 20, 2007 To: Development Plan Referral Agencies From: Planning Department By: Bob Generous, Senior Planner Subject: Request for a two -lot Subdivision with a Variance for access off a private street on property located at 3820 Lone Cedar Lane (Lot 4, Block 1, Cedar Crest) — GAUER ADDITION. Applicant: Scott & Laurie Gauer. Planning Case: 07-07 The above described application for approval of a land development proposal was filed with the Chanbassen Planning Department on February 16, 2007. The 60-day review period ends April 17, 2007. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 20, 2007 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 9, 2007. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attomey c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation (3 sets) 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company(Owes t or Sprint/United) 10. Electric Company (Xcel Energy or MN Vailevl 11. Mediacom 12. CenterPoint Energy Minnegasco 13. U of M Landscape Arboretum — Peter Olin SCANNED St. Location Map Gauer Addition 3820 Lone Cedar Lane Planning Case No. 07-07 City of Chanhassen Lake Minnewashta SUBJECT PROPERTY s Lake Minnewashta To: b o s Date: a d o From: MC1c ❑ FOR YOUR COMMENTS tyFOR YOUR INFORMATION ❑ FOR YOUR APPROVAL ❑ NOTE & RETURN ❑ TAKE APPROPRIATE ACTION ❑ NOTE & FILE ❑ CALL ME ❑ FOR YOUR SIGNATURE ❑ SEE ME ❑ ❑ REPLY & SEND ME COPY ❑ COMMENTS: N� -Y-�j s ,�,k ® Copyright 1959, 1970 urel OI Aids, Inc., Bmnmlle, N.Y. 10708 V.W. Eimicke Associates, Inc., Bronxville, N.Y. 10708 Tel. (914) 337-1900 • Fax (914) 337-1723 Distributed in Canada solely by V.W. Eimk:ke Ltd., Peterborough, Ontario Tel. (705) 7433202 • Fax (705) 743-9M PRINr IN USA Form OA-4 CITIOF Date: February20, 2007 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Bob Generous, Senior Planner Subject: Request for a two -lot Subdivision with a Variance for access off a private street on property located at 3820 Lone Cedar Lane (Lot 4, Block 1, Cedar Crest) — GAUER ADDITION. Applicant: Scott & Laurie Gauer. Planning Case: 07-07 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on February 16, 2007. The 60day review period ends April 17, 2007. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 20, 2007 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 9, 2007. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation (3 sets) 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company west or Sprint/United) 10. Electric Company (Xcel Energy or MN Vallev) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. U of M Landscape Arboretum — Peter Olin St. Location Map Gauer Addition 3820 Lone Cedar Lane Planning Case No. 07-07 City of Chanhassen Lake Minnewashta SUBJECT PROPERTY ate 5 Lake Minnewashta 0w=o,�, Minnesota Department of Transportation �Metropolitan District Waters Edge OF 1500 West County Road B-2 Roseville, MN 55113-3174 March 15, 2007 Bob Generous, Senior Planner City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Gager Addition Mn/DOT Review #P07-020 NE Quad of TH 5 and Lone Cedar Lane Chanhassen, Carver County Mn/DOT Control Section #1002 Dear Mr. Generous: MAR 1 9 2007 CITY OF CHANHASSEN Thank you for submitting the Gauer Addition plat, received on February 22, 2007. The Minnesota Department of Transportation (Mn/DOT) has reviewed the plat in compliance with Minnesota Statute 505.03 Subdivision 2, Plats. Before any further development, please address the following issues: Right -of -Way: Mn/DOT Metro District recently completed its Transportation System Plan (TSP) which identified state highway performance based needs to the year 2030. In order to improve safety and mobility, the TSP identified the need to widen TH 5 to four through lanes through the area adjacent to the proposed development. The need to widen TH 5 is expected to occur within the time frame of 2008 to 2014. While funding has not been identified, adequate right-of-way is needed to provide for this future improvement. The private road that serves the proposed development extends east onto Mn/DOT right- of-way and provides access to house #3800. Since Mn/DOT needs this right-of-way for the future widening of TH 5, the frontage road needs to be relocated off of Mn/DOT right-of-way. Surveys: The plat does not adequately identify Trunk Highway 5 right of way. The plat does not indicate that Mn/DOT right-of-way is parallel to the curve and spiral elements along the TH 5 centerline. The final plat should identify the right of way by reference to the appropriate plat(s) and in place monuments. The distances from the center line of TH 5 and offset dimensions from the center line of TH 5 to the edge of the plat should also be identified. Please direct questions concerning these issues to Bruce Wetherbee (763-797-3110) in Mn/DOT's Surveys section. Water Resources: A drainage permit is required. The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). The City or project developer will need to submit existing / proposed hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated. Please direct questions concerning these issues to Derek Beauduy (651-634-2080) of Mn/DOT's Water Resources section. An equal opportunity employer Traffic Noise. Mn/DOT'S policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. Mn/DOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The project proposer should assess the noise situation and take the action deemed necessary to minimize the impact of any highway noise. If you have any questions regarding Mn/DOT's noise policy please contact Peter Wasko in our Design section at (651)582-1293. Permits: Any use of or work within or affecting Mn/DOT right of way requires a permit. Permit fors are available from MnDOT's utility website at www.dot.state.mn.us/tecsup/utility. Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651-582-1447) of MnDOT's Metro Permits Section. Electronic Document Request: -.pdffde As a final request, please send an electronic .pdf file copy of your plan submittal for our record keeping purposes to juanita.voigtna dotstate.mn.us . Please refer to Mn/DOT Review #P06-020 Gauer Addition / Chanhassen when emailing the .pdf file. Having electronic copies of the plans on file, allows us to respond to questions more efficiently, if needed. Thank you for your consideration in this matter. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Coordinator Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If sub g revised plans, please include a brief narrative identifying what revisions have been made, etc. ease feel free to contact me if you have any questions concerning this review at (651) 582-1548. Planning Supervisor Copy: Roger Gustafson / Carver County Engineer John Freemyer / Carver County Surveyor Laurie and Scott Gauer Copies to Mn/DOT Metro Division files: Mn/DOT Division File C.S. 1002 Mn/DOT LGL File — City of Chanhassen Copies distributed via Groupwise: Ann Braden / Metropolitan Council Buck Craig / Permits Pete Wasko / Noise Derek Beauduy / Water Resources Bruce Wetherbee / Surveys Dale Matti / Right -of -Way Victoria Nill / Area Engineer o4 Minnesota Department of Transportation _ Metropolitan District T� Waters Edge OF 1500 West County Road B-2 Roseville, MN 55113-3174 March 20, 2007 Bob Generous, Senior Planner City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Gauer Addition Mn/DOT Review #P07-020 (REVISED) NE Quad of TH 5 and Lone Cedar Lane Chanhassen, Carver County Mn/DOT Control Section #1002 Dear Mr. Generous: Thank you for submitting the Gaiter Addition plat, received on February 22, 2007. The Minnesota Department of Transportation (Mn/DOT) has reviewed the plat in compliance with Minnesota Statute 505.03 Subdivision 2, Plats. Before any further development, please address the following issues: Surveys. - The plat does not adequately identify Trunk Highway 5 right of way. The plat does not indicate that Mn/DOT right-of-way is parallel to the curve and spiral elements along the TH 5 centerline. The final plat should identify the right of way by reference to the appropriate plat(s) and in place monuments. The distances from the center tine of TH 5 and offset dimensions from the center line of TH 5 to the edge of the plat should also be identified. Please direct questions concerning these issues to Bruce Wetherbee (763-797-3110) in Mn/DOT's Surveys section. Water Resources: A drainage permit is required. The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). The City or project developer will need to submit existing / proposed hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated. Please direct questions concerning these issues to Derek Beauduy (651-634-2080) of Mn/DOT's Water Resources section. Traffic Noise: Mn/DOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. An equal opportunity employer Mn/DOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The project proposer should assess the noise situation and take the action deemed necessary to minimize the impact of any highway noise. If you have any questions regarding Mn/DOTs noise policy please contact Peter Wasko in our Design section at (651)582-1293. Permits. Any use of or work within or affecting Mn/DOT right of way requires a permit. Permit forms are available from MnDOT's utility website at www.dot.state.mn.us/tecsup/utility . Please include one 11 x 17 plan set and one full sue plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651-582-1447) of MnDOT's Metro Permits Section. Electronic Document Request. -.pdffde As a final request, please send an electronic .pdf file copy of your plan submittal for our record keeping purposes to ivartitavoizt@—dot.state.mn.us . Please refer to Mn/DOT Review #P06-020 Gauer Addition / Chanhassen when entailing the .pdf file. Having electronic copies of the plans on file, allows us to respond to questions more efficiently, if needed. Thank you for your consideration in this matter. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Coordinator Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If submitting revised plans, please include a brief narrative identifying what revisions have been made, etc. Please feel free to contact me if you have any questions concerning this review at (651) 582-1548. Sincereh� herman Planning Supervisor Copy: Roger Gustafson / Carver County Engineer John Freemyer / Carver County Surveyor Laurie and Scott Gauer Copies to Mn/DOT Metro Division files: Mn/DOT Division File C.S. 1002 Mn/DOT LGL File — City of Chanhassen MEMORANDUM MY Of CgA NSEN TO: Bob Generous, Senior Planner 7700 Market Boulevard FROM: Joseph Shari Project Engineer PO Box 147 ((// Chanhassen, MN 55317 DATE: March 09, 2007 Administration Phone:952.227.1100 SUBJ: Preliminary Plat Review of Gauer Addition Fax 952,227.1110 Planning Case No. 07-07 Building Inspections Phooa:952.227.1180 Upon review of the plans prepared by Frank R. Cardarelle Land Surveyor Inc. Fax: 952.227.1190 dated February 11, 2007, I have the following comments and recommendations: Engineering Phone: 952.227,1160 GRADING AND DRAINAGE Fax: 952.227.1170 Finance The 1.1 acre site is bordered by Lake Minnewashta to the north, Lot 3 Block 1 of Phone:952,227.1140 Cedar Crest to the East, Lot 5 Block 1 of Cedar Crest to the west and a private Fax:952.227.1110 road to the south. There is an existing house on Lot 1 Block one which will Paris a Recreation remain during and after the construction of the proposed house on Lot 2 Block 1. Phone: 952.227.1120 Fax:952.227.1110 The high point of the site divides the site into two main pieces. Approximately 60 RecreationCenterpercent of the site drains to Lake Minnewashta. The remaining 40 percent drains 2310 Coulter Boulevard Phone:952.227.1400 through a series of catch basins in the south east corner of the site. These catch Fax: 952.227.1404 basins discharge to the ditch along Highway 5. The Highway 5 ditch discharges Planning a into Lake Minnewashta. Natural Resources Phone:952.227.1130 A summary of the hydrology calculations has not been provided. A report Fax:952.227.1110 showing the hydrologic calculations in Hydrocad will be needed to ensure that Public Works they meet the requirements of the City. 1591 Park Road Phone:952.227.1300 The garage floor elevation is below the elevation of the private drive and the Fax: 952.227.1310 ground to the west. This elevation should be raised to prevent drainage from Senior Center entering the structure. The slope of the driveway on the west side is also below Phone:952.227.1125 the 2 percent minimum required by the City. Fax 952.227.1110 Web site The existing private road has a bituminous B612 curb along the front of Lot 2 www.d.chanhassen.mn.us Block 1 Gauer Addition. A valley gutter will need to be installed with the driveway to convey water past the driveway. Ground (i.e. non -paved) surface grades shall not be less than 2%. Emergency overflow locations and elevations must be shown on the plan. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Gauer Addition Preliminary Plat Review March 09, 2007 Page 2 of 4 An easement is required from the appropriate property owner for any off -site grading. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. RETAINING WALLS The proposed retaining walls are as follows: Location Length (approximate) Maximum Height (approximate) Along the north and east side of proposed house 115 feet 4 feet Southeast corner of proposed house 20 feet 3 feet Southwest comer of proposed house 20 feet 2 feet Northwest corner or proposed house 12 feet 3 feet No retaining walls will be permitted within drainage and utility easements without an encroachment agreement Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. iT1'ILITIES Services have been stubbed to this site and are shown on the plan. A cleanout for the sanitary sewer service will be needed at any bends. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Gauer Addition Preliminary Plat Review March 09, 2007 Page 3 of 4 EASEMENTS The existing easements on the site consist of a 20' sanitary sewer easement over the sanitary sewer line, and 10' drainage and utility easements over the west and east sides of the property. The private drive is proposed to be part of Outlot A. Outlot A should be covered by a drainage and utility easement. A combined drainage and utility easement over the front 10' of property and the water main is proposed. This easement has a minimum of 20' for the watermain and 10' from the front of the lots. A 10' drainage and utility easement is proposed between Lot 1 and Lot 2 Block I of Gauer Addition. STREETS Access to the site will be a private street off of Cedar Crest Court. This private street will continue to be privately owned and maintained. RECOMMENDED CONDITIONS OF APPROVAL 1. Calculations of hydrology in Hydrocad showing that the development meets the requirements of the City. 2. The garage floor elevation should be raised to prevent water from entering the structure. A minimum slope of two percent is required on the west side of the driveway. 3. Install a valley gutter along the front of the driveway to prevent drainage from entering property. 4. Ground (ie. non -paved) surface grades shall not be less than 2%. 5. Emergency overflow locations and elevations must be shown on the plan. 6. An easement is required from the appropriate property owner for any off - site grading. 7. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 8. Encroachment agreements are required for any retaining walls proposed within drainage and utility easements. 9. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 10. Install cleanout for the sewer service at the bend of the sewer service for lot 2. Gauer Addition Preliminary Plat Review March 09, 2007 Page 4 of 4 11. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 12. Outlot A must be covered by a drainage and utility easement. c: Paul Oehme, Director of Public Works/City Engineer g:\eng\projuts\gauemddition\03-09-07 ppr.dm MEMORANDUM TO: Bob Generous, Senior Planner FROM: Jerritt Mohn, Building Official DATE: February 22, 2007 SLiBJ: Review of variance request: 3820 Lone Cedar Lane (Lot 4, Block 1, Cedar Crest) — Gauer Addition. Planning Case: 07-07 I have reviewed the plans for the above variance request and have the following conditions: 1. Each lot must be provided with separate sewer and water services. 2. Address numbers must be posted on each home and on Lone Cedar Lane at the private street entrance. 3. Building permits are required for retaining walls. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. 4. If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. G/PLAN/2007 Planning Cases/07-07 Gauer Addition/buildingofficialcomments.doc J/ CITY OF CHONSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952227,1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952227.1110 Park d Recreation Phone. 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227.1400 Fax: 952.227.1404 Planning 6 Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: April 9, 2007 SUBJ: Preliminary and Final Plat Approval, Gauer Addition Planning Case 07-07 EXECUTIVE SUMMARY The property owner is requesting subdivision approval to create two single-family lots and one outlot containing a private street. Though the private street is in place, the use of a private street to provide access to the new lot requires approval of a variance. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on March 20, 2007 to review the proposed development. The Planning Commission voted unanimously with a vote of 7 to 0 to approve the proposed development. The Planning Commission minutes are item la of the April 9, 2007, City Council packet. There were no issues or concerns arising regarding the proposed development. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion as specified on pages 8 - 9 in the staff report dated March 20, 2007 approving the Gauer Addition. ATTACHMENTS 1. Gauer Addition Final Plat. 2. Resolution Approving the Final Plat Creating the Gauer Addition 3. Letter from Tod Sherman (Minnesota Department of Transportation) to Bob Generous dated March 20, 2007. 4. Planning Commission Staff Report Dated March 20, 2007. g:\plan\2007 planning cases\07-07 Bauer additiw\exe a ive summary.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION NO: SECONDED BY: A RESOLUTION APPROVING A FINAL PLAT CREATING GAUER ADDITION, LAURIE AND SCOTT GAUER WHEREAS, Laurie and Scott Gauer have requested a subdivision of their property into two single-family lots of 21,379 square feet and 20,838 square feet and an outlot of 5,429 square feet with a variance for the use of a private street to access the new lot; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the Chanhassen Planning Commission held a public hearing on March 20, 2007, and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance and recommended approval of the subdivision. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the final plat for Gauer Addition (Planning Case #07-07) for the Gauer property legally described as Lot 4, Block 1, Cedar Crest , Carver County, Minnesota, and that part of Cedar Crest Court in Cedar Crest, according to the recorded plat thereof, Carver County, Minnesota, lying east of the following described line: Commencing at the southwest comer of Lot 4, Block 1, Cedar Crest; thence South 32 degrees 34 minutes 32 seconds West, assumed bearing, along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly right-of-way line of State Highway No. 5 and said described line thereon terminating, creating Lots 1 and 2, Block 1, and Outlot A, Gauer Addition, as shown on the plans prepared Frank R. Cardarelle, signed February 11, 2007, and as amended by the City, subject to the following conditions: 1. Each lot must be provided with separate sewer and water services. 2. Address numbers must be posted on each home and on Lone Cedar Lane at the private street entrance. 3. Building permits are required for retaining walls. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota 4. If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 5. Full park fees will be collected in lieu of land dedication for one lot in the amount applicable at the time of final plat approval. 6. Tree protection fencing shall be installed at the edge of grading limits prior to construction. 7. Any trees identified as being saved on plans dated 2-11-07 that are damaged or removed shall be replaced at a rate of 2:1 diameter inches. 8. A minimum of one tree is required in each front yard. 9. A cross -access easement and maintenance agreement for the private street in Outlot A will need to be prepared and recorded. 10. All structures (with the exception of one water -oriented accessory structure on each lot that complies with Subsection 20-481(e)(2) of Chanhassen City Code) shall be set back a minimum of 75 feet from the OHW of the lake (944.5). 11. All grading or vegetation removal shall be subject to Section 20-482 of the City Code. 12. Any existing and proposed docks on the subject properties shall meet the requirements of City Code Section 6, Article 2. 13. All erosion and sediment control measures shall be installed in accordance with the approved building permit. 14. At this time, the estimated total SVIW fee, due payable to the City at the time of final plat recording, is $5,450. 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 16. The Hydrocad calculations are acceptable to the City provided the Minnesota Department of Transportation drainage permit is approved and the roof downspouts are directed to the rear of the new home. 17. The garage floor elevation should be raised to prevent water from entering the structure. A minimum slope of two percent is required on the west side of the driveway. 18. Install a valley gutter along the front of the driveway to prevent drainage from entering property. 19. Ground (ie. non -paved) surface grades shall not be less than 2%. 20. Emergency overflow locations and elevations must be shown on the plan. 21. An easement is required from the appropriate property owner for any off -site grading. 22. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 2 23. Encroachment agreements are required for any retaining walls proposed within drainage and utility easements. 24. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25. Install cleanout for the sewer service at the bend of the sewer service for Lot 2. 26. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. Passed and adopted by the Chanhassen City Council this 9t° day April of 2007. ATTEST: Todd Gerhardt, City Clerk/Manager Thomas A. Furlong, Mayor YES NO gAplan\2007 Planning Commission\07-07 Gauer Addition\Resolution Gauer Add ABSENT o4 Minnesota Department of Transportation Ppt� RECEiVE Metropolitan District D ; waters Edge OF MAR 2 1 2007 1500 West County Road B-2 Roseville, MN 55113-3174 CITY OF CHANHASSEN March 20, 2007 Bob Generous, Senior Planner City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Gauer Addition Mn/DOT Review #P07-020 (REVISED) NE Quad of TH 5 and Lone Cedar Lane Chanhassen, Carver County Mn/DOT Control Section #1002 Dear Mr. Generous: Thank you for submitting the Gauer Addition plat, received on February 22, 2007. The Minnesota Department of Transportation (Mn/DOT) has reviewed the plat in compliance with Minnesota Statute 505.03 Subdivision 2, Plats. Before any further development, please address the following issues: Surveys: The plat does not adequately identify Trunk Highway 5 right of way. The plat does not indicate that Mn/DOT right-of-way is parallel to the curve and spiral elements along the TH 5 centerline. The final plat should identify the right of way by reference to the appropriate plat(s) and in place monuments. The distances from the center line of TH 5 and offset dimensions from the center line of TH 5 to the edge of the plat should also be identified. Please direct questions concerning these issues to Bruce Wetherbee (763-797-3110) in Mn/DOT's Surveys section. Rater Resources: A drainage permit is required. The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). The City or project developer will need to submit existing / proposed hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated. Please direct questions concerning these issues to Derek Beauduy (651-634-2080) of Mn/DOT's Water Resources section. Traffic Noise: Mn/DOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. An equal opportunity employer Mn/DOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The project proposer should assess the noise situation and take the action deemed necessary to minimize the impact of any highway noise. If you have any questions regarding Mn/DOT's noise policy please contact Peter Wasko in our Design section at (651)582-1293. Permits: Any use of or work within or affecting Mn/DOT right of way requires a permit. Permit forms are available from MnDOT's utility website at www.dot.state.mn.us/tecs"/utility . Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651-582-1447) of MnDOT's Metro Permits Section. Electronic Document Request: - pdf fde As a final request, please send an electronic .pdf file copy of your plan submittal for our record keeping purposes to juanita.voigtt(a)dot.state.mn.us . Please refer to Mn/DOT Review NP06-020 Gauer Addition / Chanhassen when emailing the .pdf file. Having electronic copies of the plans on file, allows us to respond to questions more efficiently, if needed. Thank you for your consideration in this matter. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Coordinator Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If submitting revised plans, please include a brief narrative identifying what revisions have been made, etc. Please feel free to contact me if you have any questions concerning this review at (651) 582-1548. Sincerel a sLy ti erman Planning Supervisor Copy: Roger Gustafson / Carver County Engineer John Freemyer / Carver County Surveyor Laurie and Scott Gauer Copies to Mn/DOT Metro Division files: Mn/DOT Division File C.S. 1002 Mn/DOT LGL File — City of Chanhassen Copies distributed via Groupwise: Ann Braden / Metropolitan Council Buck Craig / Permits Pete Wasko / Noise Derek Beauduy / Water Resources Bruce Wetherbee / Surveys Dale Matti / Right -of -Way Victoria Nill / Area Engineer John Freemyer Carver County Surveyor 11360 Highway 212 West Suite 1 Cologne, MN 55322-0300 ELI a a CITY OF CHANHASSEN STAFF REPORT PC DATE: March 20, 2007 [3 CC DATE: April 9, 2007 REVIEW DEADLINE: April 17, 2007 CASE #: 07-07 BY: AF, RG, LH, ML, JM, JS PROPOSAL: Request for a two -lot Subdivision with a subdivision Variance for access off a private street: GAUER ADDITION. LOCATION: 3820 Lone Cedar Lane (Lot 4, Block 1, Cedar Crest) APPLICANT: Scott & Laurie Gauer. �_/ 3820 Lone Cedar Lane 91 Chaska, MN 55318 PRESENT ZONING: Single -Family Residential, RSF 2020 LAND USE PLAN: Residential — Low Density (net density range 1.2 — 4.0 units per acre) ACREAGE: 1.09 DENSITY: gross: 1.82; net: 2.06 SUMMARY OF REQUEST: The developer is proposing a two -lot split to create a second building lot on their property. Access will be via a shared private street included within an association Outlot. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. sc; St. Location Map Gauer Addition 3820 Lone Cedar Lane Planning Case No. 07-07 City of Chanhassen Lake Minnewashta SUBJECT PROPERTY S Lake Minnewashta SCANNED Gauer Addition Planning Case 07-07 March 20, 2007 Page 2 of 9 PROPOSAUSUMMARY The applicant is proposing the subdivision of their property into two lots. One lot would contain their existing home. The second lot would be for a new home site which would be accessed via an existing private street. Both lots meet all the requirements of the RSF district and the shoreland management district for single-family homes. To the north of the property is Lake Mmnewashta, to the east is a single-family home on Lot 3, Block 1, Cedar Crest zoned Single -Family Residential, RSF, which is accessed via the private street in front of the development, to the south is a private street providing access to the property to the east, Highway 5 and the Minnesota Landscape Arboretum (zoned Agricultural Estate District, A2), to the west are single-family homes zoned Single -Family Residential, RSF. Sewer is available to the site within an easement at the bottom of the hill near Lake Minnewashta. Water is available in the private street south of the proposed new lot. The site has a high point at elevation 990 along the west central property line. The site slopes to the east with an elevation of 964 and steeply down to the lake with an elevation of 944.5. The site does not meet the standards for classification as a bluff. The property is primarily wooded with open areas at the existing house and in the south central portion of proposed Lot 2. The proposed development complies with the requirements of the RSF district. Staff is recommending approval of the subdivision, subject to the conditions of the staff report. APPLICABLE REGUATIONS Chapter 18, Subdivisions Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XII, "RSF" Single -Family Residential District The Plat for Cedar Crest was approved by the Board of Carver County Commissioners on January 9, 1961. On November 4, 1991, the Chanhassen City Council vacated that portion of Cedar Crest Court, also known as Lone Cedar Lane, located to the south this parcel, Resolution #91-108 (Vacation file #88-05). The private street providing access to Lot 3, Block 1, Cedar Crest was built by the Minnesota Department of Transportation in conjunction with the construction of the turn lane into Lone Cedar Lane. SUBDIVISION REVIEW The applicant is requesting subdivision approval to create two lots and one outlot which shall contain the private street. The existing home on Lot 1 will remain. Access to the new lot will be via an existing private street. The use of private streets requires a variance. Gauer Addition Planning Case 07-07 March 20, 2007 Page 3 of 9 GRADING, DRAINAGE AND EROSION CONTROL The 1.1-acre site is bordered by Lake Minnewashta to the north, Lot 3, Block 1 of Cedar Crest to the East, Lot 5, Block 1 of Cedar Crest to the west and a private road to the south. There is an existing house on Lot 1, Block 1 which will remain during and after the construction of the proposed house on Lot 2, Block 1. The high point of the site divides the site into two main pieces. Approximately 60 percent of the site drains to Lake Minnewashta. The remaining 40 percent drains through a series of catch basins in the southeast corner of the site. These catch basins discharge to the ditch along Highway 5. The Highway 5 ditch discharges into Lake Minnewashta. A summary of the hydrology calculations has not been provided. A report showing the hydrologic calculations in Hydrocad will be needed to ensure that they meet the requirements of the City. The garage floor elevation is below the elevation of the private drive and the ground to the west. This elevation should be raised to prevent drainage from entering the structure. The slope of the driveway on the west side is also below the 2 percent minimum required by the City. The existing private road has a bituminous B612 curb along the front of Lot 2, Block 1, Gauer Addition. A valley gutter will need to be installed with the driveway to convey water past the driveway. Gauer Addition Planning Case 07-07 March 20, 2007 Page 4 of 9 Ground (i.e. non -paved) surface grades shall not be less than 2%. Emergency overflow locations and elevations must be shown on the plan. An easement is required from the appropriate property owner for any off -site grading. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. RETAINING WALLS The proposed retaining walls are as follows: Location Length (approximate Maximum Height (approximate) Along the north and east side of proposed house 115 feet 4 feet Southeast comer of proposed house 20 feet 3 feet Southwest comer of proposed house 20 feet 2 feet Northwest comer or proposed house 12 feet 3 feet No retaining walls will be permitted within drainage and utility easements without an encroachment agreement Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 1811111_0t 1 xv Services have been stubbed to this site and are shown on the plan. A cleanout for the sanitary sewer service will be needed at any bends. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Gauer Addition Planning Case 07-07 March 20, 2007 Page 5 of 9 EASEMENTS The existing easements on the site consist of a 20-foot sanitary sewer easement over the sanitary sewer line, and 10-foot drainage and utility easements over the west and east sides of the property. The private drive is proposed to be part of Outlot A. Outlot A should be covered by a drainage and utility easement. A combined drainage and utility easement over the front 10 feet of property and the watermain is proposed. This easement has a minimum of 20 feet for the watenmain and 10 feet from the front of the lots. A 10-foot drainage and utility easement is proposed between Lot 1 and Lot 2, Block 1 of Gauer Addition. LAKES The proposed project is within 1,000 feet of the ordinary high water level (OHW) of Lake Minnewashta and is therefore within the lake's shoreland district. Lake Minnewashta is classified as a recreational development lake by the Minnesota Department of Natural Resources (DNR). The minimum lot size is 20,000 square feet and the minimum lot width is 90 feet. All structures (with the exception of one water -oriented accessory structure on each lot that complies with Subsection 20-481(e)(2) of Chanhassen City Code) must be set back a minimum of 75 feet from the OHW of the lake (944.5). All grading or vegetation removal is subject to Section 20- 482 of the City Code. Any existing and proposed docks on the subject properties must meet the requirements of City Code Section 6, Article 2. EROSION AND SEDIMENT CONTROL Because no public improvements are proposed in conjunction with this project, erosion and sediment control measures will be reviewed with the building permit. All erosion and sediment control measures must be installed in accordance with the approved building permit. SURFACE WATER MANAGEMENT FEES Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1,900/acre. Based on the proposed developed area of approximately 1.09 acres, the water quality fees associated with this project are $2,071. The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $3,100 per developable acre. This results in a water quantity fee of approximately $3,379 for the proposed development. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $5,450. Gauer Addition Planning Case 07-07 March 20, 2007 Page 6 of 9 OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. PARKS AND RECREATION Full park fees will be collected in lieu of land dedication for the newly created lot with the recording of the final plat. The Park fee for 2007 is $5,800 per dwelling unit. STREETSUCCESS The site is proposed to be accessed via an existing private street which connects to Lone Cedar Lane (aka Cedar Crest Court). This private street will continue to be privately owned and maintained. PRIVATE STREET CRITERIA In order to permit private streets, the city must consider the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. EASEMENTS A cross -access easement and maintenance agreement for the private street in Outlot A will need to be prepared and recorded. Finding: The proposed new lot will be accessed via an existing private street which was created to provide access to Lot 3, Block 1, Cedar Crest. When the private street was built, it was anticipated that an additional lot would be accessed via it. Due to the location of Hghway 5 immediately south of the site, it is not feasible to provide a public street nor is it necessary to provide access to additional properties. In 1991, the City vacated the right-of-way for Cedar Crest Drive, which ran in front of the properties, because a public street was not needed. LANDSCAPING/TREE PRESERVATION Tree canopy coverage and preservation calculations for the Gauer Addition development are as follows: Gauer Addition Planning Case 07-07 March 20, 2007 Page 7 of 9 Total upland area (excluding outlots) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 42,217 SF 77% or 32,309 SF 46% or 19,420 SF 65% or 27,648 SF Developer meets minimum canopy coverage allowed, therefore no replacement plantings are required. No bufferyards are required for this development. MISCELLANEOUS Each lot must be provided with separate sewer and water services. Address numbers must be posted on each home and on Lone Cedar Lane at the private street entrance. Building permits are required for retaining walls. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. COMPLIANCE TABLE Area (square feet) Frontage (feet) Depth (feet) Lake Frontage (feet) Notes Code 20,000 100 125 90 Lot 1 21,379 100 179 99 Lot 2 20,838 131 198 90 Outlot A 5,429 Private Street Total 47,646 1.094 acres Lots accessed via a private street must have 100 feet of lot frontage. Setbacks: Front: 50 feet from Highway 5, 30 feet from front property line; Side: 10 feet; Rear: 75 feet from the OHW of Lake Minnewashta. Maximum site coverage: 25 percent. RECOMMENDATION Staff and the Planning Commission recommend@ that City Council adopt the following motion and adoption of the attached findings of fact and recommendation: "The Chanhassen City Council approves a two -lot, one outlot subdivision with a subdivision Variance for access off a private street plans prepared by Frank R. Cardarelle, dated 2/11/07, subject to the following conditions: 1. Each lot must be provided with separate sewer and water services. Gauer Addition Planning Case 07-07 March 20, 2007 Page 8 of 9 2. Address numbers must be posted on each home and on Lone Cedar Lane at the private street entrance. 3. Building permits are required for retaining walls. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. 4. If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 5. Full park fees will be collected in lieu of land dedication for one lot in the amount applicable at the time of final plat approval. 6. Tree protection fencing shall be installed at the edge of grading limits prior to construction. 7. Any trees identified as being saved on plans dated 2-11-07 that are damaged or removed shall be replaced at a rate of 2:1 diameter inches. 8. A minimum of one tree is required in each front yard. 9. A cross -access easement and maintenance agreement for the private street in Outlot A will need to be prepared and recorded. 10. All structures (with the exception of one water -oriented accessory structure on each lot that complies with Subsection 20-481(e)(2) of Chanhassen City Code) shall be set back a minimum of 75 feet from the OHW of the lake (944.5). 11. All grading or vegetation removal shall be subject to Section 20-482 of the City Code. 12. Any existing and proposed docks on the subject properties shall meet the requirements of City Code Section 6, Article 2. 13. All erosion and sediment control measures shall be installed in accordance with the approved building permit. 14. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $5,450. 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 16. The Hydrocad calculations are acceptable to the City provided the Minnesota Department of Transportation drainage permit is approved and the roof downspouts are directed to the rear of the new home. Gauer Addition Planning Case 07-07 March 20, 2007 Page 9 of 9 17. The garage floor elevation should be raised to prevent water from entering the structure. A minimum slope of two percent is required on the west side of the driveway. 18. Install a valley gutter along the front of the driveway to prevent drainage from entering property. 19. Ground (ie. non -paved) surface grades shall not be less than 2%. 20. Emergency overflow locations and elevations must be shown on the plan. 21. An easement is required from the appropriate property owner for any off -site grading. 22. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23. Encroachment agreements are required for any retaining walls proposed within drainage and utility easements. 24. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25. Install cleanout for the sewer service at the bend of the sewer service for Lot 2. 26. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 27. ." ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy preliminary Plat 4. Reduced Copy Grading Plan 5. Public Hearing Notice and Mailing List 9*.\p1ant2W7 planing caseskO7-07 gaua additimXstW report gaua addition.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION I1021A 11 Application of Scott and Laurie Gauer for Subdivision of their property in to two lots with a variance for the use of a private street — Planning Case 07-07. On March 20, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Scott and Laurie Gauer for preliminary plat approval of property. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential, RSF. 2. The property is guided in the Land Use Plan for Residential — Low Density. The legal description of the property is: Lot 4, Block 1, Cedar Crest, Carver County, Minnesota, and that part of Cedar Crest Court in Cedar Crest, according to the recorded plat thereof, Carver County, Minnesota, lying east of the following described line: Commencing at the southwest corner of Lot 4, Block 1, Cedar Crest; thence South 32 degrees 34 minutes 32 seconds West,. Assumed bearing, along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly right of way line of State Highway No. 5 and said described line thereon terminating. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city s comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1). Lack of adequate storm water drainage. 2). Lack of adequate roads. 3). Lack of adequate sanitary sewer systems. 4). Lack of adequate off -site public improvements or support systems. 5. Private Street variance findings: a. The hardship is not a mere inconvenience. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. c. The conditions upon which the request is based are unique and not generally applicable to other property. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. 6. The planning report #07-07 dated March 20, 2007, prepared by Robert Generous, et al, is incorporated herein. 2 The Planning Commission recommends that the City Council approve the Subdivision with a variance for the use of a private street. ADOPTED by the Chanhassen Planning Commission this 20`h day of March, 2007. CHANHASSEN PLANNING COMMISSION M Its Chairman Planning Case No. d-7—U CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Name and Add Contact: Lj\-U y_tF_ C; tn•t�N S� Phone: 474-4Ct 51 Fax: Soame.-munua�1 Email: nc�u� rnel !C3 �fn}evv Owner Name 1kr. n►�1 �• �. NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* _ Subdivision* .30o Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) ZOU Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _ Notification Sign - $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost** $450 Minor SUB - 4-o beva cd w1;ral .00 '�It�-t Subm�ticcl TOTAL FEE $ '7 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: �wl'ftmsi LOCATION: 7$;�D I-nNp, Q�b4Ng- IJR$)r,r, C��4RN�FFr a`3�N LEGAL DESCRIPTION: ` E all C�ST't-Cr-- OOJG TOTALACREAGE: WETLANDS PRESENT: YES X NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: samcd REASON FOR REQUEST: �&tnwiskta.; ^rD Ua-EN- E Mop Lana U) Irk' k-C.ESS b►.tf o - i' >m N''C t This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Tide or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of -4 (g' t Date Z (S SCANNED Date G:1pIArvMstevelopment Review Appliptbn.DOC Rev. 12/05 Areas & Hard6wver 3 Camay proposed Lot 1 21379 W. fT. prapoeed Let 2 2W38 W R. proposed O.'IMA U29 SO. FT. proposed Gauv "Mg.. 0646 SO. FT. LOT I driuenay I4as 50. FT. LOT building 21 S650. iT. LOTI sidewalk 8 McaP 12050. IT LOT I had 85 W. R. LOT 1 nlalnln8 wall 1245O. R. Alminp le a] hard<onr an Let 1 3928 SO. n. allowobla:231) hands— on We 1 5345 SO. n. EXISTING TOTAL HARDCOVER an Lan I 18.4% existing heat canopy ono 2. 16273 SO. a. MI %af Lot 2 bee Canopy on RSS Lot 2, 13160 SO. . A %ef Lot 2 gpropod of canopy reduction w L12, 4"1 SO. ". or 22A% TREE INVENTORY BY OTHERS Sao SUGARMIIPIS I5' 600 SPRUCE 12- 601 SACUCE 13' 602 BASSWOOD le' 603 SUGAR MAPLE II' 04 WALNUT Is• 605 IHLTOAK 12' ^ \ RED 606 RED oGx I. l•, 603 65x IS' 988 ARE .1.OAx 16• 609 1. I3• 610 WHITE OAK 30' �.- 611 WHITE OCR 19• .jIS 612 BURR OAK 26' 613 BASSWOOD 24' jB 614 BOKELDER 13' "1 1. 13• .1. ASK ls• 612 ASH Ir 618 COTTONWOOD W u9 Asx Ir 620 COTTONWOOD A• 121 BASswooO 1,- 622 COTTONWOOD N' 623 COTTONWOOD 2r 624 COTTONWOOD 3B' 623 COTTONWOOD TM \\ 62o APPLE 12' \` 627 RUSSIAN OLIVE to- I n... by .Alf, tiler Ihl. suety Wa. pnpond by ne. ar under my dire aopor.Ican. I am a duly rwbbred land .an.ry. anaatr m. of In. Slat. of MlnnaeAa. /I al Frank R. CoNanlle, L.S. MN Registration No. 65N Dmwing reeled w PREP�R�6mOFerPREL�VAu�PLAU 3820 Lone Cedar Lane FROP SEA Q'uAUER plLOMOK Chaska, MN 55318 DESCRIPTION OF LAND SURVEYED ♦Z*a' Y� Lot 4, Block One, CEDAR CREST, Carver CO..,, AlAccording to \ 1 /`/ / Ihe llied And recorded plat In the County Remrdeh office, Career County, ue'4y / TOGETHER WITH IM1aI purl of Cedar beat Coed In CEDAR CREST, .4.,cm.11h lO Me nwrded plm thereof, Cammd.,.1County, Mlnm ilandslnB ed ',;'; \\\ ¢ � . � / cad Of of Lot ,Blo dne InC line: Cammwde ouch wuww.M O, a w., at Las 4, seconds one b .m.d OREsr; manna swso th awn.. 3a �� 4, minuNs 32 uhe West, auum Lot 4,. distance 1f5 southerly \\ ` \ \\ \• \`\ `� T.O_\ \ �/ / uNndon of the weal 1. of sold ..An o dlnano of 5.cbet; 7Mnn //('/� 'Its 16 dwnea 13 minutes 55 Staenaa East, oo.Sdistance oH8 76 described e �Ua \ •- \ \\`6�` \a b''',,'!,� \YQth �/` y,\ �' 1 C Ihx IhernionlYl Irminllnp� Ilm of Slate HIRFwaY Na. Sand sold do<dbed 0 ,O\ •\ •\�� SUSPECT TO reodWay, sanity p\ .anm.nl..Hany.n<a.e.amil.co:�rya Po.a.r. aB...�lrin. p ll l VIV)"Vv �A �� o �� •° v� ib Gounb. Mlnnxolo. Iig$ I sl� 1•�\'•�a,h�.� � \\ �l�f '`. Rat _R, i \�\\•'.. r��M'KA"'\. � �dc___a \a Now IH9 dRlWR PROPOSED OAUFq ADDITION DESCRIPTIONS Led 1, Black One, Gau., AddlBen, amrdine to he ,U 'I��/- �. ��.4 / + 6? - I - propowd PIAlhenol In Carver Cowry, Mi... ._ Ca� WAY ._ Let bBlack athreofI Addition. according rome ^^poi" Y' I propapd plat thereof In Carver County, Minnesota. or -/18g2' I Ii4p `\960 IM IW A, Gover raW In CamrCeulion, succensfin, AY. MInmsAo.b Me proposed Plot ``sTq rE tii�Nw , gyN0 S Y $ Inn b.aaHy • -- `•SQ``;- aYNM a.nbur 111,SMeml Frank R. Cardarelle Land Surveyor, Inc. 6440 Flying Claud Drive Eden proms, Mir.nS.'o 55344 ph 952-941-3031 lax 952441-3030 Areas & Hardcover & Canopy exist D as .o canopy on Lot ], 16D5 SQ. R. 79.1 %of Lot ] proposed be. canopy over Let ] 12160 SQ. FT. 58.4%ef Let ] props." snap, mould,.; over to. ] 4061 SO. FT. > 224 % proposed UP,1 ]I3" 5Q. FT. proposed Lot R 20838 SQ. FT. prapmee Cutler A 5439 s0. K. proposed Gamer Addition 4164E SQ. R. LOT 1 drlv.woY 1443 30. fT. LOT I building 3156:Q. iT LOT 1 .Id.wolk A .top 120 SQR. LOT 1 them! 35 SQ:rt. LOT 1 ..,.Iran, wall 124 SQ. rt. PdalA, 101.1 herdeev., en Let I 39]e SQ R. aNewabl. (23%) hard.—, on Los 1 5345 SQ. n. MISTING TOTAL HAMWVIR on let l 18.4% LOT] future driveway 17I0 W. LOT g building 2750 SO. n. LOT ] future .Idewalk A Hoop 160 SQ. R. LOT ] velar...—m d dear 10o SQ. n. LOT ] future Raga 120 SQ n. LOTS foluro.hird 83 SCI R. LOT ] future returning well 164 SQ. proposed brad hard,....en Lot ] 50" SQ. R. allewebl. (35%) hardrover an Las ] 5200 SQ. R. PROPOSED TOTAL IMROCOVIR on let 3 24.04%.'n,. 0 GRAMM PLAN N 41 gall INVENTORYOTHERS 599 SUGAR RAPIS IS - Am SPRUCE v' "I SPRUCE 13' e92 eAsswooD lE•-.` 6B3 SUGAR PUBLE It- '.. \1-N "v n .A WALNUT 16' le 60J WALNUT 12' - We RED OAK Is- S/�\ K ♦ I r! i i 4 car ear ASH IV \!!%I 6a, ..a DAK IV - e - ' eye k"^a .9 ELM 13' i 610 WHITE OAK 30' 611 WHITE OAK 19' 978 _ T L'N• m] auvv ghee 26' 6n DD ]r 1FK I 6_ _yE 15 SOXILDs- KOSFLDELM Is - eve ll) i v hie ASH 14' ^.r °pB'ooi r 1 (i• 61, AS" IS 618 COTTONWOOD 40' n'� yll gi9'r /1\� \ 61, ASK 12' V 629 COTTONWOBASSWOOD I,- 6]I BASSWOOD 11' ST \. 6]] COTTONWOOD 36' Frank R. Cardarelle ATE L' 623 COTTONWOOD ]r Land Surveyor, Inc. 624 COTTONWOOD 38' A Eden iCloud Drier: 635 COTTONWOOD TO- Prairie, Minnesota APPLE 12` Eden Prairie, Minnes6SSJ44 _.ark 014, No 627 RUSSIAN OLIVE IW ph 952-941-3031 fa. 951-941-3030 S PREPARED FOR 3820 Lane Cedar Lane Chaska, MN 55318 I hereby certify that this survey war prepared by me or under my direr supervises I am a duly registered land surveyor under the laws of the State of Minnesota. .,L z rr a� / Frank R...N L.E. Dar ONE Drawing on s No. on F Drawing red..a on 1. PROPOSED SUBDIVISION DESCRIPTIONS Let 1, Block one, Dauer Addition, according to tau proposed plat thereof In Comer County, Minnow,.. a Lot ], Block One, Gamer Addition, according to the proposed plat thereof In Comer County, Min mead o. Dollar A. Gmuor Addition, according to the proposed plat s - thereof In Career Cour, , Mlnner.00. v pcv Sq Ji� \ _ aa9jU —'a" 9•..na Aw's WnWlan N •wen•r.d a..r9n emin.E. PMk )y/r B.nea a deign ra mavr B® do n xN6ln _.ender re ,cam' _m'I son.,. ape. Elvaden.......laum rMaOee to coda-I.i1nB vnl l r.a B'em. NOVD I929 tivNm .alallnB r-wwr mlA r' Im.rral is e — o v dopal.v Bmlr CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on March 8, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Gauer Addition — Planning Case 07-07 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this lds0l day of March 2007. Notary PdlUi ww� MEUWISSEN � � Notary Public -Minnesota �:—„�;� My Commission Expires Jan 31, 2070 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 20, 2007 at 7:00 P.M. This hearing may not start until later in the everift, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a two -lot Subdivision with a Variance for access off Proposal: a privatestreet— GAUERADDITION Applicant: Scott & Laurie Gauer Property 3820 Lone Cedar Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/07-07.html. If you wish to talk to someone about this project, please contact Bob Generous by email at baenerous®ci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 20, 2007 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a two -lot Subdivision with a Variance for access off Proposal: a privatestreet— GALIERADDITION Applicant: Scott & Laurie Gauer Property 3820 Lone Cedar Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1 • Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/ijlan/07-07.html. If you wish to talk to someone about this project, please contact Bob Generous by email at buenerous@ci.chanhassen.mn.us or by Questions & phone at 952-227.1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting, • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. ulscialmer This map is nether a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding Me area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this msp are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose recurring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227 1107. The preceding r5scaimer is provided pursuant to Minnesota Statures §466.03, Subtl. 21 (2000), antl the user of this map scknoW edges that the City shall not be liable for any damages, and eVinualy waives all claims, and agrees to defend, indemnify, and hold hapless Me City from any and all claims brought by User, its employees or agents, or third parties Which anse out of the users access or use of data provided. Iahe Mrt4,eela This map is neither a legally recorded Map nor a wnmy and is not intended to be used as one. This trap is a comglation of recroNs, informal and data located in various city, county, sate and federal offices and other sources regarding Me area sti and is to be used for relerence purposes only. The City does not ""rant that Me Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that Me GIS Data can be used for navigational, tracking or any other Wrpose re0uinng exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107, The preceding disclaimer is provided pursuant to Minnesota Statutes §466,03. Subtl. 21 (2000), and the user of this map xcknoWedges mat Me City shall not be liable for any damages, and expressly wsives all dam, and agrees to defend. indemnity, and hold hapless the City from any and all claims brought by User, its employees or agents, or third panes Wrich arise out of the users access or use of data provided. Public Hearing Notification Area (500 feet) Gauer Addition 3820 Lone Cedar Lane Planning Case No. 07-07 City of Chanhassen LOC HOANG & MINNESOTA ST HORTICULTURAL JOHN HESS JULIE TRUONG U OF M 3881 LONE CEDAR LN RM 1 HORTICULTURE BLDG 115 CARDINAL CHASKA , MN 55318 -9609 ST PAUL . MN 55108 - EUSTIS FL 32726 -6924 VERNA ARLENE PETERJOHN WILLIAM D & DEBRAJ HUMPHRIES JAMES F & DOLORES LIPE 3892 LONE CEDAR LN 3890 LONE CEDAR CIR 3880 LONE CEDAR LN CHASKA , MN 55318 -9609 CHASKA , MN 55318 -9652 CHASKA , MN 55318 -9609 SCOTT A BROIN & CHARILY A WEBBER TODD C & BEN A MONING SHARON L PAULSON 3850 LONE CEDAR CIR 3860 LONE CEDAR CIR 3840 LONE CEDAR CIR CHASKA , MN 55318 -9652 CHASKA , MN 55318 -9652 CHASKA , MN 55318 -9652 KENNETH R & MARTHA L SORENSEN ABRAHAM & DOROTHY ABBARIAO 3800 LONE CEDAR CIR 3750 ARBORETUM BLVD CHASKA , MN 55318 -9652 PO BOX 26 CHANHASSEN . MN 55317 -0026 d1-0-7 CPTY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION 11� 3:4 Application of Scott and Laurie Gauer for Subdivision of their property in to two lots with a variance for the use of a private street — Planning Case 07-07. On March 20, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Scott and Laurie Gauer for preliminary plat approval of property. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential, RSF. 2. The property is guided in the Land Use Plan for Residential —Low Density. The legal description of the property is: Lot 4, Block 1, Cedar Crest, Carver County, Minnesota, and that part of Cedar Crest Court in Cedar Crest, according to the recorded plat thereof, Carver County, Minnesota, lying east of the following described line: Commencing at the southwest corner of Lot 4, Block 1, Cedar Crest; thence South 32 degrees 34 minutes 32 seconds West,. Assumed bearing, along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly right of way line of State Highway No. 5 and said described line thereon terminating. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; SCANNED d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter, e. The proposed subdivision will not cause environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1). Lack of adequate storm water drainage. 2). Lack of adequate roads. 3). Lack of adequate sanitary sewer systems. 4). Lack of adequate off -site public improvements or support systems. 5. Private Street variance findings: a. The hardship is not a mere inconvenience. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. c. The conditions upon which the request is based are unique and not generally applicable to other property. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. 6. The planning report #07-07 dated March 20, 2007, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Subdivision with a variance for the use of a private street. ADOPTED by the Chanhassen Planning Commission this 20`h day of March, 2007. CHANHASSEN PLANNING COMMISSION Im 3 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.07-07 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, March 20, 2007, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a two -lot Subdivision with a Variance for access off a private street on property located at 3820 Lone Cedar Lane (Lot 4, Block 1, Cedar Crest) — GAUER ADDITION. Applicant: Scott & Laurie Gauer. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.ustsery/plan/07-07.htm1 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: benerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on March 8, 2007) SCANNED 0-7-07 ' Planning Commission Meeting - March 20, 2007 5. The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co -located antennas and the minimum separation distances between antennas. A description of the tower's capacity, including the number and type of antennas that can be accommodated should also be provided. 6. The monopole color shall be the brand "Tnemac" and the color "Blue Elusion". 7. All outdoor storage associated with the Halla Nursery and located within Outlot A, Halla Maryanne Addition, shall be removed prior to issuance of a building permit for the tower and the area shall be revegetated." All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: 3820 LONE CEDAR LANE (LOT 4, BLOCK 1, CEDAR CREST), APPLICANT SCOTT & LAURIE GAUER, PLANNING CASE #07-07. Bob Generous presented the staff report on this item. McDonald: Kurt, do you want to start us? Papke: Could you just make it clear where the private street actually is, since that's the key issue for which is in front of us tonight? It wasn't, it's a black and white drawing so just. Generous: It runs through, a portion of Outlot A and then into the right-of-way. Currently it provides access to the property immediately to the east of that, and so it would be within this right-of-way. Papke: So the private street already exists and is built. Generous: It exists. Papke: So the only thing that really gets added on here is a driveway off of the existing private street. Generous: Right. Papke: Okay. Generous: And as part of their original agreement they specified that they could do that, and then as a condition of approval we require that they provide the access easement and maintenance agreement. 15 $CAMEO Planning Commission Meeting - March 20, 2007 Papke: That's all I have. McDonald: Okay. Kevin. Dillon: What's contemplated to go into this new lot? I mean is there a person all lined up to build a house there or is it, are they just speculating that someone's going to build there? What's planned? Generous: I've had lots of people ask me. The property owners can probably tell you better. Dillon: Alright, we'll ask them. McDonald: Debbie? Larson: No questions. Keefe: Quick question for you. I don't know, it was a year or two ago we had a Lake Minnewashta house that actually had a patio that was built lake side and we had a difficult time establishing what the OHW was of Minnewashta. You may recall that. How comfortable are we that it's 945 or 944.5? Generous: That's specified by the DNR and so they've shown it on their survey where that elevation is and they've also shown other contours in the area so. Keefe: So it's really the DNR has that number? Generous: Right, establishes those numbers and then it's maintained over a long time. It's difficult to change. Keefe: Right. Yeah, we just had some conflict in that last one. I was wondering if anything came out of that. Okay. McDonald: Mark. Undestad: I'm good. McDonald: Okay, well if the applicant wishes to come forward and you can present. Laurie Gauer: I'm Laurie Gauer. Scott Gauer: I'm Scott Gauer, 3820 Lone Cedar Lane. McDonald: Okay. Is there anything about this application you feel we should know before we vote on it or? 16 Osax"I 11 Planning Commission Meeting - March 20, 2007 Laurie Gauer: I think the main thing is that it is an existing private road. It's not something that we are creating, and that's what your decision is based on, and why we're here is to get that variance on a private road, and it's there. And like Bob said, you know the intent all along with when that was put in by the State and then vacated to us was that this property would be subdivided in front of the house so. McDonald: Okay. Questions? Dillon: So is there a builder and a house and all that stuff kind of like. Laurie Gauer: We're in the process of you know talking with realtors and you know, it was always our intent at this point in time to subdivide and pay for college tuition. McDonald: Okay. Debbie? Mark? I'm fine too so I guess that's it. Thanks very much for coming up. This is a public meeting. If anyone wishes to come forward and make comment. Seeing no one get up, we'll close the public meeting and bring it back up for the commissioners for discussion and vote. Mark, anything? Undestad: No. Keefe: I'm fine with it. McDonald: You'refine? Debbie fine? Larson: Okay. Thomas: Okay. McDonald: Okay? Dillon: Okay. Papke: As cut and dried as it gets. McDonald: Okay. Then in that case, I'll accept an amendment. Keefe: Is there a motion? Undestad: Alright, the Chanhassen Planning Commission recommends the City Council approve a two lot, one outlot subdivision with a subdivision variance for access off a private street, plans prepared by Frank R. Cardarelle dated 2/11/07 subject to conditions 1 through 27. McDonald: Do I have a second? Keefe: Second. 17 Planning Commission Meeting - March 20, 2007 Undestad moved, Keefe seconded that the Planning Commission recommends the City Council approve a two lot, one outlot subdivision with a subdivision variance for access off a private street, plans prepared by Frank R. Cardarelle, dated 2/11/07, subject to the following conditions: 1. Each lot must be provided with separate sewer and water services. 2. Address numbers must be posted on each home and on Lone Cedar Lane at the private street entrance. 3. Building permits are required for retaining walls. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. 4. If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 5. Full park fees will be collected in lieu of land dedication for one lot in the amount applicable at the time of final plat approval. 6. Tree protection fencing shall be installed at the edge of grading limits prior to construction. 7. Any trees identified as being saved on plans dated 2-11-07 that are damaged or removed shall be replaced at a rate of 2:1 diameter inches. 8. A minimum of one tree is required in each front yard. 9. A cross -access easement and maintenance agreement for the private street in Outlot A will need to be prepared and recorded. 10. All structures (with the exception of one water -oriented accessory structure on each lot that complies with Subsection 20-481(e)(2) of Chanhassen City Code) shall be set back a minimum of 75 feet from the OHW of the lake (944.5). 11. All grading or vegetation removal shall be subject to Section 20-482 of the City Code. 12. Any existing and proposed docks on the subject properties shall meet the requirements of City Code Section 6, Article 2. 13. All erosion and sediment control measures shall be installed in accordance with the approved building permit. 14. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $5,450. 0 #� Planning Commission Meeting - March 20, 2007 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 16. Calculations of hydrology in Hydrocad showing that the development meets the requirements of the City shall be submitted. 17. The garage floor elevation should be raised to prevent water from entering the structure. A minimum slope of two percent is required on the west side of the driveway. 18. Install a valley gutter along the front of the driveway to prevent drainage from entering property. 19. Ground (ie. non -paved) surface grades shall not be less than 2%. 20. Emergency overflow locations and elevations must be shown on the plan. 21. An easement is required from the appropriate property owner for any off -site grading. 22. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23. Encroachment agreements are required for any retaining walls proposed within drainage and utility easements. 24. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25. Install cleanout for the sewer service at the bend of the sewer service for Lot 2. 26. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 27.Outlot A must be covered by a drainage and utility easement." All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated March 6, 2007 as presented. Chairman McDonald adjourned the Planning Commission meeting at 8:05 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 19 Areas & Hardcover & Cano proposed Lot 1 proposed Lot 2 proposed Outlot A proposed Gauer Addition LOT 1 driveway LOT 1 building LOT 1 sidewalk & stoop LOT 1 shed LOT 1 retaining wall existing total hardcover on Lot 1 allowable (25%) hardcover on Lot 1 EXISTING TOTAL HARDCOVER on Lot 1 21379 SQ. FT. 20838 SQ. FT. 5429 SQ. FT. 47646 SQ. FT. 9\ \ 9sp �\ 1443 SQ. FT. 60'. 2156 SQ. FT. IIRAELlI A' Y PLAT PREPARED FOR Laurie Gauer 3820 Lone Cedar Lane Chaska, MN 55318 120 SQ. FT. -`\ ` ` \ \ \ \ 0 5�1 DESCRIPTION OF LAND SURVEYED85 SQ. FT. / 01 124 SQ. FT. 9� \ \ �`\`� ` \` �\ �� `\ ` �q%v \ Lot 4 Block One CEDAR CREST Carver County Minnesota according to 3928 SQ. FT. O\ \\\ \ `�\`, \ �� `� \ \ rF�F��y/ the filed and recorded plat in the County Recorder's office, Carver County, 5345 SQ. FT. `�\ \ \ �� \, \ \ `\ �F�q cti� \ / Minnesota. 18.4% \ \ \ ��,� ° Toti qT�� V 9Qg60,S�yJ TOGETHER WITH that part of Cedar Crest Court in CEDAR CREST, • o \ �\ .\\ \ F� v according to the recorded plat thereof, Carver County, Minnesota, lying existing tree canopy on Lot 2, 16275 SQ. FT. 78.1 /o of Lot 2 96 \ \ \ ` , \ HEp / \ �90 F�9T \ east of the followingdescribed line: Commencingat the southwest proposed tree canopy on Lot 2, 12160 SQ. FT. 58.4 % of Lot 2 'O\�`�` �� ` \ \ �� 9°S� '°� corner of Lot 4 BlocOne in CEDAR \ \ \ \� \ C CREST; thence South 32 degrees 34 proposed canopy reduction on Lot 2, 4661 SQ. FT. or 22.4 % \\� \\ \ \�, �� 99 20 9A minutes 32 seconds West, assumed bearing, along the southerly TREE INVENTORY BY OTHERS 599 SUGAR MAPLE 15" 600 SPRUCE 12" 601 SPRUCE 13" 602 BASSWOOD 18" 603 SUGAR MAPLE 11" 604 WALNUT 16" 605 WALNUT 12" 606 RED OAK 13" 607 ASH 18" 608 RED OAK 16" 009 ELM 13" 610 WHITE OAK 30" 611 WHITE OAK 19" 612 BURR OAK 26" 613 BASSWOOD 24" 614 BOXELDER 13" 615 ELM 13" 616 ASH 14" 617 ASH 15" 618 COTTONWOOD 40" 619 ASH 12" 620 COTTONWOOD 23" 621 BASSWOOD 11" 622 COTTONWOOD 36" 623 COTTONWOOD 22" 624 COTTONWOOD 38" 625 COTTONWOOD 70" 626 APPLE 12" 627 RUSSIAN OLIVE 10" °s� AS \ extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to �� °Iq N, y the northerly right of way line of State Highway No. 5 and said described O ,\\�\ \� \ \�� \\\ �� \` T'°��Tq\ line thereon terminating. �\wR �%ce SUBJECT TO roadway, sanitary sewer, storm sewer, and water line Aod \'4 p�F° easements, if any, recorded in the County Recorder's office, Carver o° q�S�� \'� r 4° �6\ °I'o County, Minnesota. ey�os moo, \ I II ibI90 oQQ�e �^� 0' 20' 40' 60' 9 ^' I CO 70 \ �\ �\ \ oP\ -_� •_�/ — �\\ Elevations and contours relative to \ om i \ NGVD 1929 datum 988- — -- ---- �� Utilit3•Pole \ \ \ \ 1. A v i r \ P \ - Hydrant \ ,O 4 .a•i / •+ \ \\ \��.-\� ,!� \5� \\\ \6Q',�.\\ \ �\ `\6\\\ ��st \� QQ� \� \\ SOnWe eSewee �� ` #�09 CO 7 (NING WALL(typicol O� \\` \\ \� MCA 70 O 8A3 �� /� K I ` 1 J I J I�TRF�E ��Op �\ \4' 17�d313 �j f 41 89S8 / �voP� _ �� ^ \ gSE�jEN] TF�E�/\PN � � I w Iw i � \ � N I --- 6: Qp�_ 6 1 4, 0 -- \\ �/ 6 0� , PROPOSED GAUER ADDITION DESCRIPTIONS N, 70 9d58'/ // 627 / 117 i �118 � hereby certify that this survey was prepared by me or under my direct supervison. I am a duly registered land surveyor under the laws of the State of Minnesota. Frank R. Cardarelle, L.S. Date Registration No. 6508 Drawing revised on O,9sa 5,N�F4e, \ \ \FRC\e O J N Q0 Q57.0 INV ELEV �. \ 12 RCP ; ZtiRCP' ssT \ z °1, Lot 1, Block One, Gauer Addition, according to the I roposed plat thereof in Carver County, Minnesota. Y-- Lot 2, Block One, Gauer Addition, according to the proposed plat thereof in Carver County, Minnesota. ,96 O Outlot A, Gauer Addition, according to the proposed plat thereof in Carver County, Minnesota. 6II8 tree with inventory number 9d'0\\ existing contour with Z interval Frank R. Cardarelle Land Surveyor, Inc. 6440 Flying Cloud Drive Eden Prairie, Minnesota 55344 ph 952-941-3031 fax 952-941-3030 Areas & Hardcover & Cano existing tree canopy on Lot 2, 16275 SQ. FT. 78.1 % of Lot 2 proposed tree canopy over Lot 2 12160 SQ. FT. 58.4% of Lot 2 proposed canopy reduction over Lot 2 4661 SQ. FT. or 22.4 % proposed Lot 1 proposed Lot 2 proposed Outlot A proposed Gauer Addition LOT 1 driveway LOT 1 building LOT 1 sidewalk & stoop LOT 1 shed LOT 1 retaining wall existing total hardcover on Lot 1 allowable (25%) hardcover on Lot 1 EXISTING TOTAL HARDCOVER on Lot 1 21379 SQ. FT. 20838 SQ. FT. 5429 SQ. FT. 47646 SQ. FT. 1443 SQ. FT. 2156 SQ. FT. 120 SQ. FT. 85 SQ. FT. 124 SQ. FT. 3928 SQ. FT. 5345 SQ. FT. 18.4% LG", 'ADI 'LA PROPOSED GAUER ADDITION PREPARED FOR Laurie Gauer 3820 Lone Cedar Lane Chaska, MN 55318 o 'PF I hereby certify that this survey was prepared by me or under my direct supervison. I am a duly registered land 9,yy/. surveyor under the laws of the State of Minnesota. H 9 \\ \\ \ \\ \\ \\t \ HE \ \ s iq `,`.��\\ 'Do\ 9R Cardarelle L.S. °s� AS Frank R. Registration No. 6508 19 9 O, Drawing revised on Date LOT 2 future driveway 1710 SQ. FT. LOT 2 building 2730 SQ. FT. LOT 2 future sidewalk & stoop 100 SQ. FT. LOT 2 future covered deck 100 SQ. FT. I \\\� \ \\ \� �\ o e s\o`4 �� s ss \ PO'e LOT 2 future patio 120 SQ. FT.\\ LOT 2 future shed 85 SQ. FT. J ( I �� I �� \ >C \\61a PROPOSED SUBDIVISION DESCRIPTIONS \19 LOT 2 future retaining wall 164 SQ. FT. Lot 1, Block One, Gauer Addition, according to the ,�`o \ T° 9 proposed total hardcover on Lot 2 5009 SQ. FT. I I �� , �\ \ �� \S f °"P° , �4� y proposed plat thereof in Carver County Minnesota. \\ Sew yO 94 allowable (25%) hardcover on Lot 2 5209 SQ. FT. IAA ry I �\ \ `� e\MOQ�94s,6\ PROPOSED TOTAL HARDCOVER on Lot 2 24.04% 9g0Cb \\�\ Lot 2, Block One, Gauer Addition, according to the o^�M \\ \ \\\ ``�� \—' '0 proposed plat thereof in Carver County, Minnesota. 47/ \ Outlot A Gauer Addition accordingto the proposed plat 9' Utilt➢•eole 4.4 5,t;' `, thereof in Carver County, Minnesota. a 70 •, o \ \ o / TREE INVENTORY BY OTHE 599 SUGAR MAPLE 15" 600 SPRUCE 12" 601 SPRUCE 13" 602 BASSWOOD 18" 603 SUGAR MAPLE 11" 604 WALNUT 16" 605 WALNUT 12" 606 RED OAK 13" 607 ASH 18" 608 RED OAK 16" 609 ELM 13" 610 WHITE OAK 30" 611 WHITE OAK 19" 612 BURR OAK 26" 613 BASSWOOD 24" 614 BOXELDER 13" 615 ELM 13" 616 ASH 14" 617 ASH 15" 618 COTTONWOOD 40" 619 ASH 12" 620 COTTONWOOD 23" 621 BASSWOOD 11" 622 COTTONWOOD 36" 623 COTTONWOOD 22" 624 COTTONWOOD 38" 625 COTTONWOOD 70" 626 APPLE 12" 627 RUSSIAN OLIVE 10" W970 10 ' '__U_ N CIT 61 TBwsss • �_ �� \ �� it Hydrant X ��' �[�, 4 •\ \ \` BW9 Q 4Q" ro \ So�Pt ` � \ \c • / P 606 TW966 BW974.7LQ `7" �/ ?+••,� '�RQiNING WALL(typical) �(/ • v 70 � I � „�fb � / c� � 607 W976.6R� �o A / \ — — — �' / TR/977 v do \ \ O ASEMEN t °wos k g j ' 44 I �C �� ^ �� p / I I h 2� ii o TW966 \ 61 T Ja, a .Ia \ ��` sR>z29 Bw9s5.5 - - — - - - - -- ---- �� ,\. /\S Nam/ 9�r 0�619 B 71 q4"W — — 7 u 9d58'45., , - 7 i 6- g' F / B W971 _ o� - _ - - l 26 A 624 0 Av ED �' / - / 25 'do9- P l / 178. 0 I I .988.s /N S\ /J\� % TFR MAiH Frank R. Cardarelle Land surveyor, Inc. H � VV 6440 Flying Cloud Drive Eden Prairie, Minnesota 55344 /� /O � ph 952-941-3031 fax 952-941-3030 S M ?s, 0 . Q57.0 INV ELEV'>.• LP s ^ 2 --a -,3 o� °2 960 974.7x design ground spot elevation 2% suggested design drainage path 964 suggested design contour 608 tree with inventory number Bwsss retaining wall bottom grade Twsss retaining wall top grade g \\ existing contour with 2' interval proposed grading limit Elevations and contours relative to NGVD 1929 datum Non -Scannable Item 9078TVATI-t-LiallA Folder Name Job Number Box Number )31 ac 0033 As a courtesy your document has been saved on this computer disk. Should your document need to be printed again, or if you need additional typesetting related to this project, please return the disk to Kinko's. To help protect your disk, please keep it in this protective envelope. Disks may be damaged by exposure to the heat, cold, liquids, tight, dust, grease, moisture, electric motors, speakers, metal detectors, x-ray machines, and magnetic radiation. Company Name: I T Contact Person: (� c� Telephone: File Name: , Software Program: File Name: Software Program: Date: Date ❑ Macintosh® ❑ Windows (IBM®) Date Created: ❑ Macintosh® O Windows (IBM®) kinko•s- we're doing more. - Open 24houm I www.kinkos.com 1-800-2-KINKOS I America Online* Keyword: Kinko's O Mrerira oW ara unites vary by by . iie ha registered service mmArrerira k ofWire, ie, r o r xere d.g. are tp°Pktryr d ofWa's Kntoes, hnc. and are n b,perndsiuc KNKo's rewires xritten p&gnojian bun the r*yrot Id ix in ardn relxaxkxe any cegi69s w 02001 Kinko'y Ire. Ail ruts reserved. CD R 1x- - Sex 01 >, ACI J1�y� \' 'IOO�i � 8O1ttin 1t 'oY % n r A6,k _ 00?3 I wro S V xx iI p��pe e`thoR` �ePh��s • ��peP�o9 O ��F1 V' 0 ^ N O � r .J CITY OF RECEIVED SSEN MAR 2 0 2007 40 CHANHASSEN PLANNING DEPT 0 5/8 INCH DIAMETER IRON PIPE MONUMENT FOUND IN GROUND O 1 / 21NCH DIAMETER BY 181NCH LONG IRON PIPE MONUMENT SET AND MARKED BY LICENSE NO.6508 BEARINGS SHOWN ARE ASSUMED DRAINAGE AND UTILITY EASEMENTS e / ARE SHOWN THUS , �60' 5 5 / ) "pol ;a,'�il, GAUER ADDITION / / e s �0938• \ s� L0T 1 BEING 5 FEET WIDE ADJOINING LOT LINES UNLESS OTHERWISE INDICATED \ �� >D / � r / BLOCK, ONE D =� , 70 O/ :26 0eo LOT 2 �gd y � N 2sa0�, O�Op SBR 177 `fin 2g` J8. VV C 0 N , C 11G313B \ / 0 109, d364�aS ga S, V Ga 171e Og 0g. 1 j&02 \ STq\ \ \ wq " Y 0 IGIOVYALL IBI aY THERE PRESENT&Tha8mE0awend Lauds Obr, MRMMandwN,wprmaadthbbwyp dii@ dPQP"sbjWW bwcanpdctirr, Ebr arr.wrrbwe A 4. SbQ Or. GEDAR CREST. C Cduq. MinnI TdaeSww "TutaCadr Cnul CaulCWMCRESTKOmaMrclpa% uWurt dlW{,f OMCEDMCREST: EroBbuia2dapr%nwaYr9iaemaalMaL alumdbsY-a Vft Mayy bdNRMdbwwabdrbtall,adWrpdSESleat EIm SaN IS deVaaa lT niebl SS uouW Etl,adWrred]&TBiab IR nv/RMdVRabAq iraSW tgReYNesanatlis.rmTr�y &4js1 b r ex W p 2p M wtde anby aewr arrat daadbtl b Bbd 110. PaSr a0D�01 hM caused tlr aaro b Maurvgetl as piWed rOAUERAODRgHradebatlydaNYaN dadlrb btlrpalpbrpillburbtner IR vusmeia r aMwt an du pNt b iaru0a rd u� putpmr pfy. Inwiwa wnaedf cab Satl Guerand leuM OaaR, huebaaaW wM, hats MtauMaatMbhaae SW _deyd 20m. r v smn Ora lauds GeU. 0 20 40 60 SCALE IN FEET STATE OF MWNESOTA, COIdpTYOF TMbrgdg bNurodwu admAbdped Lam me eW_drya_�Zlb)Ly 9ml Geuer and Laula Gar. yw as wyy NOWYPUWc Cduny,MParM MrmmWMa, 1 MWyaadEY ihtl I NM amypl aM pla9ed tlia pnymlytleavbed an Itle pY u GAUER ADDITION; tlW tltle Pia b aamed ieayeenVatlonMu ewreY• baaldl u mmnulre mthepet InteaeMhUMnddNdabd bW W abiabRbhbw Menmmdypb indw Wimu aarnbemedarab MYeMm5lydea Sectlm 505.02 Subadabn 1: bW tlb aubba Ooundary kwmmtaLy"Wb umpia FrkR. Cadrab, Piaeeabna tend SUrvryvS MbaapaLkxua No. Ssm STATE OF MSNESOTA. COUNTY OF TMbedugY1YlaileldY,Y admbdpw belwa Inc Ne_dld-Mby FrankROardaA PmbubnNlaneS,.. Nd yPubb, Oaaly.Mynuau Wmnnwbn a+QlYw Tw pbIdGWEN AODRION was wowed ra amprd bytM Dlr cauid a me Cryanuarmsan, Wm.eaeaa repae rneetingtlweall/d nr_d.ya 20m. TwputwwSr Nh tlr gwkbraMtaaNda SmYrsedim slam sumM�bn z. Nmawnwh�M aarwrlW b/MCly Courland saatl rSde PNL aomanpb MleudM Subr 50S028UMNNW t. EwPiebM tlrrwNbnmmb na IamrlwaNtlplR dw CvmtlubiadTyaspau0bn ma IMOaunb T�hvwy EnSYwrhars CaalncaNatl by Sw Chy adR Pa&abed ydey padW hreMpedwtladnMpldarA mnmeae as nmmnraedww, r awbed br Mbtreeh Sleedr eeddn soma SUMiwbn 2 CRYCOUNCILOFTHECRYOFC! AM"SEN by wya by Menwa couNTY SURVEYOR, car.caunq PUmwdb Chwtr3Ds. MYuaeau lauatml,b4pht MaMr wPared bN_drya 211m. Jan E Fawdya, DDUNTY AUgTOlL carr Cmty I haebYrdEy 2X?. dpagwbEW_aW pMyeen M.w Len wa brle wdaeeaied an we qeL oeba tlye�daYd 2Dm. w LIWA R Cw wA Ilw. by COUNTYRECORDER,GmrC * IhembyudM dW dda pW d GAUER ADDITION wea Red In dJa oSke M_dayd 2007 M mi W H. DumXT, Cowdy Rnadx. by Frank R. Cardarelle Land Surveyor, Inc - • 5 / 8 INCH DIAMETER IRON PIPE MONUMENT FOUND IN GROUND O 1/2 INCH DIAMETER BY 18 INCH LONG IRON PIPE MONUMENT SET AND MARKED BY LICENSE NO.6508 BEARINGS SHOWN ARE ASSUMED 0 C4V DRAINAGE AND UTILITY EASEMENTS �w ARE SHOWN THUS A� �a BEING 5 FEET WIDE ADJOINING LOT LINES UNLESS OTHERWISE INDICATED FM op o, ti r( F<F 9 GAUER ADDITION W2p � 0 \\ RyS�eRFgs '2j \ \0913 o \ -,O� 7 \ 107 \ l 76S \ \ v 9� 9 LOT L m B I O�IO 70 / A J rn Ly O LOT 2 a o & J�� a� CID 777AD � \ \ \eRLYLI /7 \\ a 7 eq OgdSB, S6 9;;, i �09'p9» 778 02 \ \ C \c\eR\e 0 \ CR DOC NO CITY OF CHANHASSEN RECEIVED MAR 2 0 2007 CHANHASSEN PLANNING DEFT KNOW ALL MEN BY THESE PRESENTS: That Scott Gauer and Laurie Gauer, husband and wife, fee owners of the following described property situated in the County of Carver, State of Minnesota to wit: Lot 4, Block One, CEDAR CREST, Carver County, Minnesota Together with that part of Cedar Crest Court, CEDAR CREST, Carver County, Minnesota lying east of the following described line: Commencing at the southwest corner of Lot 4, Block One, CEDAR CREST; thence South 32 degrees 34 minutes 32 seconds West, assumed bearing along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly right-of-way line of State Highway No.5 and there terminating. Subject to an existing 20 feet wide sanitary sewer easement described in Book 110, pages 400-401 have caused the same to be surveyed and platted as GAUER ADDITION and do hereby donate and dedicate to the public for public use forever the easements as shown on the plat for drainage and utility purposes only. In witness whereof said Scott Gauer and Laurie Gauer, husband and wife, have hereunto set their hands this day of 2007. Scott Gauer Laurie Gauer STATE OF MINNESOTA, COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007 by Scott Gauer and Laurie Gauer, husband and wife. Notary Public, County, Minnesota My commission expires I hereby certify that I have surveyed and platted the property described on this plat as GAUER ADDITION; that this plat Is a correct respresentation of the survey; that all distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shown in accordance to Minnesota Statutes Section 505.02, Subdivision 1; that the outside boundary lines are correctly designated on the plat. Frank R. Cardarelle, Professional Land Surveyor, Minnesota License No. 6508 STATE OF MINNESOTA, COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007 by Frank R. Cardarelle, Professional Land Surveyor. Notary Public, County, Minnesota My commission expires CITY OF CHANHASSEN, MINNESOTA This plat of GAUER ADDITION was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this day of , 2007. This plat complies with the provisions of Minnesota Statute Section 505.03 Subdivision 2. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statue 505.02 Subdivision 1. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. CITY COUNCIL OF THE CITY OF CHANHASSEN by Mayor by Manager COUNTY SURVEYOR, Carver County Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of , 2007. John E. Freemyer, County Surveyor, by COUNTY AUDITOR, Carver County I hereby certify that taxes payable in 200_ and prior years have been paid for the land described on this plat. Dated this , 2007. Mark Lundgren, County Auditor, by day of COUNTY RECORDER, Carver County I hereby certify that this plat of GAUER ADDITION was filed in this office this day of , 2007 at o'clock _M. Michael H. Cunniff, County Recorder, by 0 40 60 Frank R. Cardarelle SCALE IN FEET Land Surveyor, Inc. • 5 / 8 INCH DIAMETER IRON PIPE MONUMENT FOUND IN GROUND qT�� }// O 1/2 INCH DIAMETER BY 18 INCH LONG IRON PIPE ADS `�G9Tj°y�q/ GAUER ADDITION MONUMENT SET AND MARKED BY LICENSE NO.6508 c ° 460 / 9XS,6 y�J V F BEARINGS SHOWN ARE ASSUMED! 9 �gG9�sf`gT°ti �1 20 0 6 Ne J \,yTF �a0 , 9 38„ eook DRAINAGE AND UTILITY EASEMENTS O qp°� \ \/ARE SHOWN THUS / S A- Aj LOT 1 BEING 5 FEET WIDE ADJOINING LOT LINES , P UNLESS OTHERWISE INDICATED / PV/ 2 ^ P o� W a N J / / / V O(IV'oo 0 � CID � J0003 SS q/yo f // 7 0 9dS8' cRf SS egSfMe"J�/ 4S„ 56.9> L� c� \ N \SO�fRC � l �4Nf DF / 177d3138\ \ \ \ \ /o dRa�rygo ,�S �9 \ \ l 7� 7> Qo lyjo 09,09„ 78. 02 \ GH \ N\cF�RF 0 \ � S \ \ CR DOC NO JITY OF CHt NmASSEty RECEIVED MAR 2 0 2007 CHANHASSEN PLANNING DEPT KNOW ALL MEN BY THESE PRESENTS: That Scott Gauer and Laurie Gauer, husband and wife, fee owners of the following described property situated in the County of Carver, State of Minnesota to wit: Lot 4, Block One, CEDAR CREST, Carver County, Minnesota Together with that part of Cedar Crest Court, CEDAR CREST, Carver County, Minnesota lying east of the following described line: Commencing at the southwest corner of Lot 4, Block One, CEDAR CREST; thence South 32 degrees 34 minutes 32 seconds West, assumed bearing along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly right-of-way line of State Highway No.5 and there terminating. Subject to an existing 20 feet wide sanitary sewer easement described in Book 110, pages 400401 have caused the same to be surveyed and platted as GAUER ADDITION and do hereby donate and dedicate to the public for public use forever the easements as shown on the plat for drainage and utility purposes only. In witness whereof said Scott Gauer and Laurie Gauer, husband and wife, have hereunto set their hands this day of 2007. Scott Gauer Laurie Gauer STATE OF MINNESOTA, COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007 by Scott Gauer and Laurie Gauer, husband and wife. Notary Public, County, Minnesota My commission expires I hereby certify that I have surveyed and platted the property described on this plat as GAUER ADDITION; that this plat is a correct respresentation of the survey; that all distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shown in accordance to Minnesota Statutes Section 505.02, Subdivision 1; that the outside boundary lines are correctly designated on the plat. Frank R. Cardarelle, Professional Land Surveyor, Minnesota License No. 6508 STATE OF MINNESOTA, COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007 by Frank R. Cardarelle, Professional Land Surveyor. Notary Public, County, Minnesota My commission expires CITY OF CHANHASSEN, MINNESOTA This plat of GAUER ADDITION was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this day of , 2007. This plat complies with the provisions of Minnesota Statute Section 505.03 Subdivision 2. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statue 505.02 Subdivision 1. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03. Subdivision 2. CITY COUNCIL OF THE CITY OF CHANHASSEN by Mayor by Manager COUNTY SURVEYOR, Carver County Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of , 2007. John E. Freemyer, County Surveyor, by COUNTY AUDITOR, Carver County I hereby certify that taxes payable in 200_ and prior years have been paid for the land described on this plat. Dated this day of ,2007. Mark Lundgren, County Auditor, by COUNTY RECORDER, Carver County I hereby certify that this plat of GAUER ADDITION was filed in this office this day of , 2007 at o'clock _M. Michael H. Cunniff, County Recorder, by 0 20 40 60 Frank R. Cardarelle SCALE IN FEET Land Surveyor, Inc. 5 / 8 INCH DIAMETER IRON PIPE MONUMENT FOUND IN GROUND CR DOC NO Gy'°y9�i LAVER ADDITION O 1/2 INCH DIAMETER BY 18 INCH LONG IRON PIPE T`� / �T O T / CITY OF CHANHASSEN MONUMENT SET AND MARKED BY LICENSE NO.6508 V 9 ��( / I / RECEIVED / �As MAR 2 0 2007 F BEARINGS SHOWN ARE ASSUMED � 99 9�s9�%ti \ � 3HANHAssENPUNMil4 Qqrr y9 0 0\NTF / \ � 2O°6J a�20 \ \ 4Q' \ 93D. 9p0� , \ DRAINAGE AND UTILITY EASEMENTS4 \ \/ 7 ARE SHOWN THUS ��, 05' \ 900 ASV LOT I BEING 5 FEET WIDE ADJOINING LOT LINES UNLESS OTHERWISE INDICATED / \ BLOC K ONE �0 /O \� -0 T 2 O- 0 �s8 \ ^� o ` � °RqiygGf `3, O 7 77 oT� Tr 0 2g 7 3ell 0 O \� V41JV 0 op, , 00 0) 777 \ \ \ 70 /�cRfsS N �R'giyq� 1 �S q, )9 0 fcRFss � 1o9G,s8'�S„ FgSFMF�T 56 9� 7�i V 1770 l� 09 0g •, o 7lg 02 \ T 0 20 ?0 60 \ N SCALE IN FEET �e �S KNOW ALL MEN BY THESE PRESENTS: That Scott Gauer and Laurie Gauer, husband and wife, fee owners of the following described property situated in the County of Carver, State of Minnesota to wit: Lot 4, Block One, CEDAR CREST, Carver County, Minnesota Together with that part of Cedar Crest Court, CEDAR CREST, Carver County, Minnesota lying east of the following described line: Commencing at the southwest corner of Lot 4, Block One, CEDAR CREST; thence South 32 degrees 34 minutes 32 seconds West, assumed bearing along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly right-of-way line of State Highway No.5 and there terminating. Subject to an existing 20 feet wide sanitary sewer easement described in Book 110, pages 400401 have caused the same to be surveyed and platted as GAUER ADDITION and do hereby donate and dedicate to the public for public use forever the easements as shown on the plat for drainage and utility purposes only. In witness whereof said Scott Gauer and Laurie Gauer, husband and wife, have hereunto set their hands this day of 2007. Scott Gauer Laurie Gauer STATE OF MINNESOTA, COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007 by Scott Gauer and Laurie Gauer, husband and wife. Notary Public, County, Minnesota My commission expires I hereby certify that I have surveyed and platted the property described on this plat as GAUER ADDITION; that this plat is a correct respresentation of the survey; that all distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shown in accordance to Minnesota Statutes Section 505.02, Subdivision 1; that the outside boundary lines are correctly designated on the plat. Frank R. Cardarelle, Professional Land Surveyor, Minnesota License No. 6508 STATE OF MINNESOTA, COUNTY OF The foregoing instrument was acknowledged before me this day of _ Notary Public, County, Minnesota My commission expires 2007 by Frank R. Cardarelle, Professional Land Surveyor. CITY OF CHANHASSEN, MINNESOTA This plat of GAUER ADDITION was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this day of , 2007. This plat complies with the provisions of Minnesota Statute Section 505.03 Subdivision 2. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statue 505.02 Subdivision 1. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. CITY COUNCIL OF THE CITY OF CHANHASSEN by Mayor by Manager COUNTY SURVEYOR, Carver County Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of , 2007. John E. Freemyer, County Surveyor, by COUNTY AUDITOR, Carver County I hereby certify that taxes payable in 200_ and prior years have been paid for the land described on this plat. Dated this , 2007. Mark Lundgren, County Auditor, by day of COUNTY RECORDER, Carver County I hereby certify that this plat of GAUER ADDITION was filed in this office this day of . 2007 at o'clock _M. Michael H. Cunnlff, County Recorder, by Frank R. Cardarelle Land Surveyor, Inc. 5/8 INCH DIAMETER IRON PIPE MONUMENT FOUND IN GROUND �i0% •9T F� /0 O 1/2 INCH DIAMETER BY 18 INCH LONG IRON PIPE �`� / F�Fq oy �yTF GAUER ADDITION MONUMENT SET AND MARKED BY LICENSE NO.6508 / 9QR6 h'�GJ V F BEARINGS SHOWN ARE ASSUMED 9 rgG9`Sf�9To� 9 � Iu . 19 2oo6J RRs / a N\20 \ \ %Q Qv / \ . \•. 90 \ DRAINAGE AND UTILITY EASEMENTS o \S 4°°� ARE SHOWN THUS 5 5 SS e,/ LOT 1 / BEING 5 FEET WIDE ADJOINING LOT LINES J / UNLESS OTHERWISE INDICATED �P 0 lq, 6S \ \ 9� \ 9 L•7 /r° 70 O �2 �6/Izv /\ LOT 2 �26a3 �OOO \S� \ N st ,, 0 777 On N N ern roT �SO�eR�� l s � Y �/ O 0 � \ � �F °F / .J � l 4 0Co 77, 8 /10 /NCRFSS 9N � °RggyqcF 70s. 109ds8 4s„ eMF"J gse"F�T S6 9> 7 17> , U a` 1170 09'O9„ 78. 02 \ ti \ cH \Cf\fR\F O \ 0 20 40 SCALE IN FEET o CITY OF RECEIVED SSEN MAR 2 0 2007 CNAN14ASSEN PLANNING MK KNOW ALL MEN BY THESE PRESENTS: That Scott Gauer and Laurie Gauer, husband and wife, fee owners of the following described property situated in the County of Carver, State of Minnesota to wit: Lot 4, Block One, CEDAR CREST, Carver County, Minnesota Together with that part of Cedar Crest Court, CEDAR CREST, Carver County, Minnesota lying east of the following described line: Commencing at the southwest corner of Lot 4, Block One, CEDAR CREST; thence South 32 degrees 34 minutes 32 seconds West, assumed bearing along the southerly extension of the west line of said Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance of 78.76 feet to the northerly right-of-way line of State Highway No.5 and there terminating. Subject to an existing 20 feet wide sanitary sewer easement described in Book 110, pages 400401 have caused the same to be surveyed and platted as GAUER ADDITION and do hereby donate and dedicate to the public for public use forever the easements as shown on the plat for drainage and utility purposes only. In witness whereof said Scott Gauer and Laurie Gauer, husband and wife, have hereunto set their hands this day of 2007. Scott Gauer Laurie Gauer STATE OF MINNESOTA, COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by Scott Gauer and Laurie Gauer, husband and wife. Notary Public, County, Minnesota My commission expires I hereby certify that I have surveyed and platted the property described on this plat as GAUER ADDITION; that this plat is a correct respresentation of the survey; that all distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shown In accordance to Minnesota Statutes Section 505.02, Subdivision 1; that the outside boundary lines are correctly designated on the plat. Frank R. Cardarelle, Professional Land Surveyor, Minnesota License No. 6508 STATE OF MINNESOTA, COUNTY OF The foregoing Instrument was acknowledged before me this day of 2007 by Frank R. Cardarelle, Professional Land Surveyor. Notary Public, County, Minnesota My commission expires CITY OF CHANHASSEN, MINNESOTA This plat of GAUER ADDITION was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this day of , 2007. This plat complies with the provisions of Minnesota Statute Section 505.03 Subdivision 2. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statue 505.02 Subdivision 1. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. CITY COUNCIL OF THE CITY OF CHANHASSEN by Mayor by Manager COUNTY SURVEYOR, Carver County Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of , 2007. John E. Freemyer, County Surveyor, by COUNTY AUDITOR, Carver County I hereby certify that taxes payable in 200_ and prior years have been paid for the land described on this plat. Dated this .2007. Mark Lundgren, County Auditor, by COUNTY RECORDER, Carver County 1 hereby certify that this plat of GAUER ADDITION was filed in this office this Michael H. Cunniff, County Recorder, by day of day of 2007 at o'clock _M. Frank R. Cardarelle Land Surveyor, Inc.