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CAS-03_2224 LUKEWOOD DRIVE CONSERVATION EASEMENT AMENDMENTa The contents of this file have been scanned. Do not add anything to it unless it has been scanned. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt David H. Schultz 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association April 15, 2015 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Chanhassen Miscellaneous Recordings Dear Kim: Enclosed for the City's files please find the original Amendment to Conservation Easement with Michael and Megan Meyer. Said document was recorded in the Carver County Recorder's office on March 6, 2015 as document number A606555. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean . Olson, Legal Assistant /jmo Enclosure 181253 SCANNED Document No. OFFICE OF THE A 606555 COUNTY RECORDER CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on March 06, 2015 4:10 PM Fee: $46 00 b065" Mark ndqren 111111111111111 Co �ty Recorder AMENDMENT TO CONSERVATION EASEMENT THIS AMENDMENT TO CONSERVATION EASEMENT ("Amendment') is made as of the 12th day of January, 2015, by and between the CM OF CHANHASSEN, a Minnesota municipal corporation ("City") and MICHAEL MEYER AND MEGAN MEYER, husband and wife ("Meyers"). RECITALS: WHEREAS, a Conservation Easement was granted to the City by Patrick J. Minger and Karen C. Minger dated August 24, 1994, and filed of record with the Carver County Recorder on September 16, 1994, as Document No. 172019 ("Original Easement'); WHEREAS, the Meyers are the current owners of property legally described as Lot 4, Block 1, Minger Addition, Carver County, Minnesota ("Subject Property"); WHEREAS, the parties wish to amend the Original Easement for the sole purpose of revising the legal description as it affects the Subject Property. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties hereto agree that the legal description in the Original Easement as it affects the Subject Property is amended and legally described on the attached Exhibit A and depicted on Exhibit B. 179255vi i SCANNED IN WITNESS WHEREOF, the parties hereto have signed this Amendment to Conservation Easement the day and year first above written. [Remainder of Page Intentionally Left Blank.] 179255v1 2 CITY OF CHANHASSEN By. Denny aufen�bur, , Mayor And: �d d Gerhardt City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day o 2015 by Denny Laufenburger and Todd Gerhardt, the Mayor and City Manager, r tively, o the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ems. �.Wl 179255vl Michael Meyer Megan yer STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day o� 2015, by Michael Meyer and Megan Meyer, usband and wife. �1? DEEANN M.TRIETHART Notary Public Notary Public -Minnesota / 4 C Mi"i Expres Jan 31, 2019 DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone:651-452-5000 RNK/cjh 179255v1 4 EXHIBIT A TO AMENDMENT TO CONSERVATION EASEMENT The north 50 feet of Lot 4, Block 1, MINGER ADDITION, Carver County, Minnesota, except the portion legally described as follows: Beginning at the Northwest corner of said Lot 4, thence South 89 degrees 59 minutes 06 seconds East, assumed bearing along the North line of said Lot 4, 63.00 feet; thence South 00 degrees 00 minutes 54 seconds West, 30.00 feet; thence South 46 degrees 24 minutes 42 seconds West, 29.00 feet; thence North 89 degrees 59 minutes 16 seconds West, 42.00 feet to the West line of said Lot 4; thence North 00 degrees 00 minutes 44 seconds East, along said West line, 50.00 feet to the point of beginning. 179255vl 5 0 EXHIBIT B is JUnweanont Aa!®2ldmment NxItIbit -for - Michael Meyer 2224 Lukewood Drive E Chanhassen, MN 55317 _W+ DESCRIPTION OF PROPERTY: 0 20' Lot 4, Block 1. MINGER ADDITION, Carver County, Minnesota. @ concear[ Ma9'W,"' W 13T.6T' fill EXISTING HO s I oral `, L ^ � uewflwY 4 0 61' a 09'6911f. E ---taut. arm t 9unerr B 7 f, i -- IAPmut6tort mNanc6a urunrAseiFNT _ ____________7 x (IRENT / tos�y / / O WOODED / y eT / /j �1 /J I6.1' f b USE so A / Mr / t hzs I herebY--IffY that ass Ymey wee propmed by ma or unbar my dkect supan4stan erb gieN°m a dWy Osmsed ProleaebnN Lein surveyor umber g low Aare SfeM of hfte 9.,,r. �� V703 11114114 PROD. NO.: 0 Steven V. latlre Dwiae lso. OaN BOOK 8, PAGE OE 59 W R LEGAL DESCRIPTION FOR CONSERVATION EASEMENT AMENDMENTAREA: That pad of Lot 4, Block 1, MINGER ADDITION, C auuer County, Afroesms, do~ as /060Ws: Be9kWrp N the Norueesl rnmar&$Wdl 4. thence SOWN 69 dpreas 59 rolnuhs 0a swains East assumed ba.Mg e/mg On North 9n. f.W Lot 4, 63.00 Mac Wan.. South w deg. 00 M .tors 5 a.W. West, 30.00 reaC thence South 46 degrees 24 Mnutes 42 sesvnds Met 29.00 feet thence North 69 dogmees W Mmdes 16 seconds West 42.00 reef to 0re West Ma a said Lct 4: 0rer North 00 depress 00 muutas 04 a.nM. East, siong surd Wass! luS, W.001.1 to the pout of begunM9, DENOTES CONSERVATION EASEMENTAMENDMENTAREA OREMIER LAND SURVEYING, LLC 952443-3010 Il MORTGAGE HOLDER CONSENT TO AMENDMENT TO CONSERVATION EASEMENT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., P. O. Box 2026, Flint, MI 48501-2025, organized and existing under the laws of Delaware, as nominee for the Lender WATERSTONE MORTGAGE CORPORATION, its successors and assigns, which holds a mortgage on all or part of the property more particularly described in the foregoing Amendment to Conservation Easement, which mortgage Michael Meyer and Megan Meyer, husband and wife is dated September 11, 2014, and recorded October 1, 2014 as Document No. A 600104 with the office of the County Recorder for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to and subjects its interest in the property subject to the foregoing Amendment to Conservation Easement. Min#1003715-0000407596-4 MERS Phone # 1 -888-679-6377 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: A, is Assistant Secretary STATE OF LOUISIANA ) PARISH ►OF OODUA(CHHITA ) n On "--" 2015, before me appeared to me personally known, who did say that s/he is the Assistant Secretary of Mortgage Electronic Registration Systems, Inc. and that the instrument was signed on behalf of the corporation (or association), by authority from its board of directors, and that s/he acknowledged the instrument to be the free act and deed of the corporation (or association). WITNESS my hand and notarial seal on this day of Signs 4 rublic ��@�w`S�Tb,.S �.' y Prin N Notary Public ° My commission expires: l _Q� / �GL /—c�> h�l�rylfl1111t11�"�` My Parish of residence: 180160v1 C�••ol lYq�i ��'•0hox .:: AO��'�naoPa", CITY OF CHANH` SEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 2/24/15 2015-03 ATTENTION Carole Hoeft RE: Document Recording E Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 1/12/15 Amendment to Conservation Easement 2224 Lukewood Drive THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return E For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Mike 8 Megan Meyer, 2224 Lukewood Drive copies for approval copies for distribution corrected prints (952)227-1107 SCANNED If enclosures are not as noted, kindly noft us at once. d AMENDMENT TO CONSERVATION EASEMENT THIS AMENDMENT TO CONSERVATION EASEMENT ("Amendment") is made as of the 12th day of January, 2015, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and MICHAEL MEYER AND MEGAN MEYER, husband and wife ("Meyers"). WHEREAS, a Conservation Easement was granted to the City by Patrick J. Minger and Karen C. Minger dated August 24, 1994, and filed of record with the Carver County Recorder on September 16, 1994, as Document No. 172019 ("Original Easement'); WHEREAS, the Meyers are the current owners of property legally described as Lot 4, Block 1, Minger Addition, Carver County, Minnesota ("Subject Property"); WHEREAS, the parties wish to amend the Original Easement for the sole purpose of revising the legal description as it affects the Subject Property. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties hereto agree that the legal description in the Original Easement as it affects the Subject Property is amended and legally described on the attached Exhibit A and depicted on Exhibit B. 179255v1 5 IN WITNESS WHEREOF, the parties hereto have signed this Amendment to Conservation Easement the day and year first above written. [Remainder of Page Intentionally Left Blank] 179255v1 v CITY OF CHANHASSEN By: Denny 07aufenburp6r, Mayor And: dd Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this -& day o 2015 by Denny Laufenburger and Todd Gerhardt, the Mayor and City Manager, r ectively, o the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 1rn55.n Michael Meyer Megan yer STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day o€i/lmlv�i 1, � 2015, by Michael Meyer and Megan Meyer �usband and wife. `�"� DEEANN M. TRIETMART Notary Public Notary Public -Minnesota r My CommISSion E)OM Jan 31.2019 DRAFTED BY: CAWBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651452-5000 RNK/cjh nv255A 4 EXHIBIT A TO AMENDMENT TO CONSERVATION EASEMENT The north 50 feet of Lot 4, Block 1, MINGER ADDITION, Carver County, Minnesota, except the portion legally described as follows: Beginning at the Northwest comer of said Lot 4, thence South 89 degrees 59 minutes 06 seconds East, assumed bearing along the North line of said Lot 4, 63.00 feet; thence South 00 degrees 00 minutes 54 seconds West, 30.00 feet; thence South 46 degrees 24 minutes 42 seconds West, 29.00 feet; thence North 89 degrees 59 minutes 16 seconds West, 42.00 feet to the West line of said Lot 4; thence North 00 degrees 00 minutes 44 seconds East, along said West line, 50.00 feet to the point of beginning. 179255vl Naeavoment Amendment 8sltibptt - for - Michael Meyer 1v 2224 Lukewood Drive -WE Chanhassen, MN 55317 DESCRIPTION OF PROPERTY: 0 2a Lot 4, Bbdz 1. MINGER ADD?ION, Carver County, Minnesota. 4 R --LVKEW0GD—DRfVE--_ I Mnzby aet/y Nt' sezwywea 0 ddyff4by rzwmkuja ml'4S seprltn, ft mof a fd 0fA V..*1L tNal LeM Surveyor uzgwt6a bmaBw sate aNBB�.aa., ;0�1'. li., W03 11~4 PROD. NO.: 12rJ4)0 Sawn V. ledu ll4nse Na Dee BOOK PAGE 58 E I LEGAL DESCRIPTION FOR CONSERVATION EASEMENT AMENDMENTAREA: To(pert ai 4, MA 1. WNGER ADDIT/OV, 0n C.* Mewaaa, UBwtbatleatdwws Be06aJrp of we•ra 4, S�Wh dW•68 00 sEoga 6abq;Mw N-dhRre OfMW W 4,63.00 foot do Souffi 0000MMm64 * WBA 30 00 ISOC Bre46dogm 24 PB* West 2P.00 ** rcNorth 89dopw 69 zNx& 16"-WWII Wet4200 fat to 0b "t 4m of laldf.otMkNA-- 4,' Bwnae . E. 00 bng W W F .' w. M rwWa East, abn8 k d p. 1.0 Ihe, 5D.o0at aa»pext abs8lMnp. DENOTES CONSERVATION EASEMENTAMENONENTAREA OREMIER LAND SURVEYING, LLC 052-443.3010 I • • I MORTGAGE HOLDER CONSENT TO AMENDMENT TO CONSERVATION EASEMENT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., P. O. Box 2026, Flint, MI 48501-2025, organized and existing under the laws of Delaware, as nominee for the Lender WATERSTONE MORTGAGE CORPORATION, its successors and assigns, which holds a mortgage on all or part of the property more particularly described in the foregoing Amendment to Conservation Easement, which mortgage Michael Meyer and Megan Meyer, husband and wife is dated September 11, 2014, and recorded October 1, 2014 as Document No. A 600104 with the office of the County Recorder for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to and subjects its interest in the property subject to the foregoing Amendment to Conservation Easement. Min4l003715-0000407596-4 MERS Phone #1-888-679-6377 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: Ag�' cv�!;/ Ys Assistant Secretary STATE OF LOUISIANA ) PARISH O�FODUACHITA ) n On o'yw(Lf11 2015, before me appeared FYI % to me personally known, who did say that s/he is the Assistant Secretaryof Mortgage Electronic Registration Systems, Inc. and that the instrument was signed on behalf of the corporation (or association), by authority from its board of directors, and that s/he acknowledged the instrument to be the free act and deed of the corporation (or association). WITNESS my hand and notarial seal on this day of ' "' h YV6VtJ2015. Sigma r , t� Public `p``%IRATIO sb�/ c QV..; -,i4 .'..(PA'' PrinteN Notary Public ?:�V ��pP� 2 d y My commission expires: ,QQ 4 ��i'°•..„,,.. ``. My Parish of residence: 180t60vt 1„Illllllllly I J '•I�V.111yyy HryrOD A'� aNC"• Chase • • Land Transactions(LA4-4557) 780 Kansas Lane Monroe, LA 71203 (800) 848-9136 Customer Care (800) 582-0542 TDD / Text Telephone (318) 550-3342 Facsimile February 19, 2015 Mike Meyer 2224 Lukewood Dr Chanhassen, MN 55317 RE: Consent of Lender Borrower(s): Meyer Dear Mike Meyer CHASE :i Enclosed is original copy of Consent of Lender in connection with the captioned loan . Please have the enclosed Consent of Lender recorded in the appropriate recording office and forward to my attention a copy of the recorded document. If you have an uestions, please call us at the above number, and we'll be happy to assist you. We appreciaf} ur cooperation in helping us provide you with convenient, reliable service. Land SCANNEC Sinclair, Jill From: Sinclair, Jill Sent: Tuesday, January 13, 2015 2:35 PM To: Megan Meyer;'Meyer, Mike (HHT)' Subject: Amendment to the Easement Attachments: DOCS-#179255-v1- AMENDMENT TO CONSERVATION_EASEMENT CHANHASSEN_MEYERMICHAEL_A ND MEGAN.DOCX Dear Michael and Megan, This letter is to formally notify you that on January 12, 2015, the Chanhassen City Council adopted the following motion: "The Chanhassen City Council approves the Amendment to the Conservation Easement for 2224 Lukewood Drive." Attached is the document that must be signed and notarized and returned to City Hall for recording. If it's more convenient, I have printed the document and added it to the case file so that you can come to City Hall to sign the papers with one of the notaries here. City Hall is open M —F, 8 am — 4:30 pm. Just to be clear, the building permit for the pool cannot be approved until the document is recorded with Carver County. If you have any questions, please feel free to contact me. Jill Sinclair Environmental Resources Specialist City of Chanhassen 952-227-1133 SCANNED Chanhassen City Council — January 12, 2015 Mayor Laufenburger: Okay. I'll take that as a motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Ms. Ryan. We have a motion and a second. Any discussion on the motion? Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council appoint Councilman Jerry McDonald to the Fire Relief Association Board of Trustees. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approve City Council Minutes dated December 8, 2014 2. Receive Park and Recreation Commission Minutes dated November 25, 2014 3. Resolution #2015-01: Highway 101 (Pioneer Trail to CSAH 61) Project 14-08: Approve Joint Powers Agreement between the City and Carver County for Environmental Assessment and Preliminary Design. 4. Award of Bid, Two Fire Department Command Vehicles, Capital Improvement Project. 5. Deleted. 6. Resolution #2015-02: Approve Resolution Modifying Storm Water Fees for Chanhassen Retail Fourth Addition (Noodles Site). Approval of Temporary On -Sale Liquor License, Chanhassen Rotary Club, February Festival, February 7, Lake Ann Park. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. NEW BUSINESS: CONSIDER AMENDMENT TO CONSERVATION EASEMENT; LOT 4. BLOCK 1, MINGER ADDITION, 2224 LUKEWOOD DRIVE; MICHAEL & MEGAN MEYER. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this is consideration for the homeowners requesting release of a part of the conservation easement in order to construct a swimming pool on the subject property at 2224 Lukewood Drive. The 0 SCANNED Chanhassen City Council anuary 12, 2015 • subject property located herein yellow is Lot 4, Block 1 of the Minger Addition. The conservation easement was put in place when this subdivision was created in 1994 and at that time it was just a straight 50 foot easement around the, pretty much a 50 foot. Some areas are 30, around the perimeter of the property and then through the backs of the lots of the subject site. The conservation predominantly was on the rear and at that time, as was the conservation easement was constructed, it said that no structures were permitted in that area and in addition tree removal and grading was also prohibited. The existing conditions on this, there is a swing set in this area. Again that was done without permit and this isn't the original owner of when that went in. When this property was subdivided the original driveway going back to the existing home followed along this line. Back in this area here so the conservation easement currently has lawn and a play structure, a sandbox, a fire pit, an existing woods within it and that's in this area here. If approved the play structure and sandbox and the like would be removed and the wooded area which, this area here which contains oaks, lindens, elms and ash and maple would remain and again there's several large oaks within this area outside of that. In this area too so there are some significant trees. So the proposed area for the swimming pool to go in, so this would be the location of the swimming pool is in an area that really is non -wooded. It's fertilized. It has hard surface coverage on it so with that, the staff felt that because it met the impervious surface requirements and it wasn't being impacted significantly with trees that the staff felt that modification to the easement would be okay. Would be advisable. So we are recommending that you approve the amendment to the conservation easement again with the conditions that we stated and just a majority vote of the council is required and I'd be happy to answer any questions you have. Mayor Laufenburger: Thank you Ms. Aanenson. Council members, any questions of staff? Councilwoman Tjornhom: I have one. Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: Kate when, generally when pools are put in I thought, what is the rule when it comes to pervious versus impervious surfaces? Kate Aanenson: The pool itself we don't count. It's just the decking around the pool that counts towards the impervious. Not the, because the, part of what we do for water quality and quantity is that the pool is actually holding water if it rains. It's not dissipating it so we don't count the pool area itself. Just the decking around it. Todd Gerhardt: The applicant... the impervious surface coverage. Kate Aanenson: Yeah. Yeah, the 25 percent. I also did hand out to you, we did receive letters. Some emails and so I did put those on your desk because they came in after the packet went out so there are some people in support and someone that is opposed to the request also. So there was two emails from neighbors in support and one visit and then an email phone call from someone that was opposed. Mayor Laufenburger: Councilwoman Tjornhom did you have another question at this time? Chanhassen City Council — January 12, 2015 Councilwoman Tjornhom: No. Mayor Laufenburger: Okay, alright. Any other questions from council to staff? Councilwoman Ryan: Mr. Mayor I have a question please. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: In looking at the map I noticed that, I believe one that you showed with an overview of the neighborhood. Is there a swimming pool to the west? Kate Aanenson: Yes. There was an easement encroachment in this area here. When this house originally came in there was some easements granted. Encroachment agreement for the house. Easement, excuse me encroachment into the easement to get the house on there because there were other significant trees to be saved and then a pool was granted for encroachment on that lot here. Councilwoman Ryan: And so when the developer came in and the City in 1994 established this 50 foot buffer, do we know why they put that in if they're granting? Kate Aanenson: Sure. Maybe I've got an additional slide here that might show some more detail. This is the house when it first went in. Went into that easement area. Again as I stated this is the original driveway kind of came through here. Kind of it was a little bit circuitous and went to the, this is the original home for this area before it was subdivided so there was some encroachment into that easement for the location of this house to preserve some trees. This one was given a pool and this home down here, there was actually someone that removed some trees and because that was significantly heavily wooded we actually had them replace the trees that were cut down to put up a fence and they did apply to get a fence and that was denied because of the significant amount of trees. Again the interpretation on this is there's already a structure, or the staff's recommendation because there already is a structure there and the significant trees are there, there's no significant trees there. They're on the other side of the lot that the staff felt comfortable allowing the pool to go in at that location. This location excuse me. Councilwoman Ryan: Okay, thank you. Mayor Laufenburger: Any other questions from council? Councilman Campion: But besides the trees in that conservation area, there was no other targeted natural conservation? Kate Aanenson: No. No. Again you know we don't get a lot of requests so it's not something. You know we take each one on a case by case basis. We don't get a lot of requests. Most of the people that move into these areas, as we always advise people that are looking at wooded lots and we had this conversation with the Planning Commission too when we're looking at wooded lots, if your desire is to have a sport court or something that you probably want to look at a lot Chanhassen City Council • uary 12, 2015 • that has not significant trees in the area. Again in this area where the pool's going, no significant trees will be removed and that was really the goal. For the preservation easement. Councilman Campion: Okay. Mayor Laufenburger: Any other questions Mr. Campion? Councilman Campion: No. Mayor Laufenburger: Okay. Kate, Ms. Aanenson I have a couple questions. Do we have any other conservation easements in place in the city? Kate Aanenson: Yes, on numerous subdivisions. Mayor Laufenburger: Okay. So it's common practice for a conservation easement to be in place. Have any of them been amended before? You made reference that there was, even in this area there's an encroachment amendment. Is it reasonable practice for us to amend a conservation easement? Kate Aanenson: Again we always look at the practicality and look at, is there a rational basis to do that and advise them that we wouldn't support it or if we could support it and look at each one on a case by case but we don't have a rash of them. Mayor Laufenburger: And it sounds like your reference to the property in this southeast area of this Minger Addition, that these are easements that we watch over and we are, we're the stewards of these easements so we have to make good decisions about, especially when those easements are violated without permission, is that correct? Kate Aanenson: Yes. I think what we've learned too is the neighborhoods on that, the neighbors in these subdivisions take ownership of that and that's one of their source of pride is that they have a nice. If you look at the aerial it is a heavily wooded subdivision. It's a beautiful subdivision and so that they take pride in that so often they might be this person that would call. Someone in the subdivision saying someone's trimming a tree. We want to make sure they're not clear cutting, those sort of things so I think the owners also take pride in that. Mayor Laufenburger: Okay. Let's see. Just a, I'm remembering some language in previous council meetings. There was discussion about a preservation easement and a conservation easement. Is there a distinction between that and is that a question that I should address to you or? Kate Aanenson: I would address it to the city attorney please. Mayor Laufenburger: Okay. Mr. Knutson, can you weigh in on that? I know you're not, I didn't give you a heads up on that but I think you're always prepared for these sorts of questions anyway. Chanhassen City Council January 12, 2015 • Roger Knutson: I hope so. Mayor Laufenburger: Okay. Can you just, what's the difference between a preservation easement and a conservation easement? Roger Knutson: The title isn't as important as to what's the substance of what the easement says. Conservation easements are by statute. Preservation easements are not. Really the, the real distinction is what is in the text of the easement. What are you protecting? How can it be amended? That sort of thing. Mayor Laufenburger: Okay, so then I should ask this question. We must also have preservation easements in place in Chanhassen, is that correct Ms. Aanenson? Kate Aanenson: That's correct. That's correct. Mayor Laufenburger: Okay, alright. I realize that you know this council is learning a little bit about this as we go along here. Kate Aanenson: Yes. Mayor Laufenburger: Is it in our authority, just a moment. Is it in the City's authority to make this amendment or do we have to go beyond the City Council to approve this amendment to the conservation easement? Mr. Knutson. Roger Knutson: The landowner has asked for your permission to do it and you are the grantor of the, the grantee of the easement so yes I think it's within your authority. Mayor Laufenburger: Okay so we have been granted the easement by the original property owner. That would be the Minger's, is that correct? Roger Knutson: Minger's, that's correct. Mayor Laufenburger: So it's in our authority to manage and control this easement and include, including amending it. Roger Knutson: Certainly. Someone can always challenge anything that you do but yes. Mayor Laufenburger: Okay, alright. Thank you. Alright, any other question of staff. Okay, Ms. Councilwoman Ryan. Councilwoman Ryan: To your point Mr. Mayor, your question, so then do we also have the authority to lift or change what is classified as a conservation area? Or who, what I'm getting at is if many people along this road are going into the easement then does that say that that land isn't really a protected area. So do we have the authority then to change that classification of the land? 10 Chanhassen City Councill—kanuary 12, 2015 Roger Knutson: Not unilaterally. The landowner would have to agree. Mayor Laufenburger: So we can't act capriciously and arbitrarily. We can only, we have been granted the stewardship of this easement. It's our responsibility so the only thing that we can do is if a, if a property owner comes to us and asks for an amendment to that easement, then we can modify the easement. But I interpret this to mean that we cannot just say the easement disappears and you can do whatever you want with your property, is that correct Mr. Knutson? Roger Knutson: That is correct Mayor. Mayor Laufenburger: Okay, alright. Councilwoman Ryan: But about the conservation area. Not the specific property but that, the whole area that I'm assuming it goes to the other side. I mean there's homes on the other side of that kind of grassland. Kate Aanenson: Yeah this is the entire easement running along the northern perimeter. Running along the easterly perimeter, southerly and then going to the backs of lots. That's where the easement runs so all we're addressing is the one lot with the request tonight and that would just be the amendment to that easement. Mayor Laufenburger: On their property only. Okay. Todd Gerhardt: Kate do we have a conservation easement on the Timberwood side of the subdivision to the north? Kate Aanenson: No, we do not. Todd Gerhardt: Okay. I think that's the question right? Mayor, council members. This is the first amendment that we've made to a conservation easement. What we've kind of handled in the past was encroachment agreements into conservation easements so we're modifying our practice. This allows the public an opportunity to come in and state their views on any amendment that may occur so you may want to open it up for public comment and solicit any input you may want on that. Mayor Laufenburger: Okay, thank you Mr. Gerhardt. If there's no further questions for staff at this time, is the applicant present tonight and would he or she like to come forward and address the council? And I would simply ask that you state your name and your address for the record and then address your comments to the council. So step forward right by that microphone. That little, pretend you're Madonna and talk into the microphone. Michael Meyer: Michael and Megan Meyer. We are the property owners at 2224 Lukewood Drive here in Chanhassen. We did request the amendment. Originally we did actually request an encroachment into the area. We worked with Jill Sinclair on that. Jill came out and took a look at the property to make sure that we weren't going to be taking down any trees or encroaching on any of that area. We did that at the advice of our neighborhood from two doors 11 Chanhassen City Council — January 12, 2015 down who did get an encroachment agreement a few years ago and were allowed to purchase their, or to put their pool in. When our application for the encroachment agreement went in, we heard back from Attorney Knutson that we couldn't be granted the encroachment at which point I actually contacted Councilman McDonald and through his guidance steered us towards this direction so that's kind of how we arrived here today requesting the amendment was through attempting a couple other avenues and we weren't able to do that so that's kind of why we're here tonight. Mayor Laufenburger: Okay. Alright. Any questions of the applicant from the council? Alright, thank you very much. Megan Meyer: Thank you. Mayor Laufenburger: As Mr. Gerhardt has suggested I would now open this opportunity for public comment. If there is any member, any public present we will invite comment on this particular amendment. And if you'd like to if you step up to that same friendly microphone and state your name and address please. Ann Healy Allen: Good evening council members. My name is Ann Healy Allen. I live at 2250 Lukewood Drive. The property immediately to the west of the applicant and I thank you for the opportunity to present comment tonight. Just first a little background on the property two doors down with their pool. They did not do their due diligence when they purchased their property and were not aware of the easement and had originally expected to put a large pool in the northwest comer of their property. They weren't the original owners. They didn't build the house and through the process they learned of the easement and through the process they ended up with a smaller pool tucked up against their house to minimize the impact in this area and encroaching trees and other things. So just some additional background to the history and the precedence set by those actions as well as we're talking about them here tonight. We bought our home in, my family and I bought our home in 1999 after looking at probably more than 20 properties in the area and what attracted us specifically to this property was the natural beauty. You feel like you're in nature. It's very wooded. There's lots of wildlife. It reminded me of the home that I grew up in and as we researched prior to making a decision to buy the project, buy the property we discovered the conservation easement and that was a benefit to us to, knowing that the natural beauty would be protected for all time. Forever basically is what the conservation easement says. We learned of this project that our neighbors, and we love our neighbors. They're great neighbors in the few years they've been there they've been wonderful neighbors and so we're not opposed to them having a pool. We're simply opposed to granting an amendment into this conservation area for several reasons. As I said we learned about the project when the postcard came in the mail. I think it was Monday of last week asking for written comment the following day. It was difficult to get that done. The information provided online was incomplete for us or any neighbor in the area I believe to make an informed and knowledgeable decision about the project. The plan shown online did not include, did not show the full conservation easement as it exists today. It only showed the area that they were requesting be amended. It also did not show any required fence which is a requirement of any pool so no one could visualize where that was at. Nor did it show any drainage that would be addressed with this project. There's a lot of flooding in the area and that's a problem and in 12 Chanhassen City Council4lanuary 12, 2015 • talking with the city staff I've learned that there is a plan for a, I forget the name for it. A concrete ditch on the north side of the property to help deal with that. That's not shown on the drawings online either. Further there is no copy available in the link provided by staff nor elsewhere that provides access to the actual conservation easement itself. The only information about the conservation easement is the comment from staff that this request does not negatively impact trees and therefore it's being approved. That's the only information when in fact the conservation easement is much more broad reaching than simply dealing with trees. So for those reasons I don't anyone could make an informed decision on whether to support it or not. We have gone forward and done, excuse me, additional research and we believe that as we said there are conservation easements throughout Chanhassen and they're provided for good reason. It's good environmental planning. They are not tree protection instruments only but they protect the entire environment. The wildlife. The natural beauty and of course the trees. But they're there for good reason and they're there for the good of all of Chanhassen. The residents of the neighborhood and the residents that they impact beyond the immediate neighborhood. Certainly approving this amendment would set a precedent. We've already been talking about the other modifications that were made in the area and perhaps that makes people feel more comfortable approving additional amendments so I think it provides an opportunity for creep into amendments in this area and other areas. That's my husband. Coming late from work. So I think that's a dangerous precedent to be setting by making this approval. As the plan showed this impacts 17 properties in the Lukewood neighborhood. It's not just about the Meyer's. It's not just about us. It's a far reaching and protects many aspects of the environment, specifically reading some language from the easement itself, it grants quote, the City a permanent conservation easement over, under and across the premises. In addition to protecting trees the conservation, that was end quote after premises. Excuse me. In addition to protecting trees the conservation easement states that quote, the following are prohibited in perpetuity on the subject property. A quote, constructing, installing, or maintaining anything made by man including but not limited to structures, buildings, and walkways. Certainly the pool, the concrete deck around it and the fence would all violate this portion of the conservation easement. Second quote, excavation or filling, end quote. The proposed in -ground pool requires, is large and requires significant excavation and therefore violates this portion of the conservation easement as well. Third quote, activity detrimental to the preservation of the scenic beauty, vegetation and wildlife. There's several varieties of wildlife that travel through this conservation corridor. Deer. Turkey. Fox. Coyotes. We had a fawn born in my back yard. Mallard ducks come with their ducklings and as you, you know if you would put up the sketch of the whole easement throughout the neighborhood again please. You can see how it provides a corridor east to west, north to south and all the way around for those wildlife to travel. Eliminating one section from that corridor is really going to interrupt that travel of that wildlife. The proposed amendment also extends the conservation easement farther than is necessary for the pool and deck design that is shown. I don't know if there's an opportunity to show a drawing or, you should have a copy of it in your packet as well. It looks like this. Mayor Laufenburger: I think it was the. Todd Gerhardt: You can lay it on the counter and the camera will zoom in on it. Kate Aanenson: It's on the screen right now. 13 Chanhassen City Council — January 12, 2015 Ann Healy Allen: Actually this is different. This is provided in my packet. Is this a good place to do that? Todd Gerhardt: Put it right on top of that. Mayor Laufenburger: Just a moment Ms. Allen. It is the council, it's the document that's part of what was stapled and it's the last page of that stapling. Just for reference if you could give us an opportunity to see that. Ann Healy Allen: Certainly, thank you. And so it is different than what's provided by staff. This was provided to me by staff when I visited her office on Friday. And you can see the proposed pool in this area, as staff has mentioned. The conservation area which goes in this, across this dotted line and over here, the northwest corner is larger than required by this proposed plan. You can see here there's 16.5 feet between the edge of the concrete deck and the northern property line. The fence could be put right immediately to the north of the pool, thereby not needing this extra northern space of 16 '/a feet. The whole pool project itself could be moved down closer to the house as the neighbors did 2 doors down. Could be moved down probably as far as 15 feet and that would provide another 15 feet at the north end that would not need to be included with this amendment. If the amendment were approved as it is and then the pool was shifted to the south, which may make more sense for drainage issues in the area anyway, then you've got a large area to the north of the pool that anything could be built on. There's no longer a conservation easement in that area. I don't know if these neighbors have plans for a future property owner could put a storage facility there. A gazebo. Anything in that area. And similarly we have the same condition to the west. Or the east rather of this. This line here is what staff had said their drawing showed is where the proposed fence would be. But the conservation easement goes all the way out here 8 '/2 feet past where the fence would be so if this amendment were approved as presented the fence could be moved adjacent to the pool or it could be moved all the way to the west 25 feet from the pool and that allows a large area there again to the east of the pool where any structure could be built. A beautiful art studio. It has wonderful views for that. It could be a wood working shop. A storage facility. A gazebo. The sky would be the limit in that area. So I think the area shown in this amendment is certainly much larger than what would be required to put the pool in the northwest area of the lot. Mayor Laufenburger: Any other comments Ms. Allen? Ann Healy Allen: Yes, thank you. Just a little bit more. And then lastly the pool, it is a large design. It's 62 feet in length, which is pretty large. Just to put that in perspective the distance across the back of their home is 54.5 and it includes kitchen, bathroom, you know all the living space across the back so it is a large design. But having said that you could still fit it here in the hash marked area and not require any amendment to the conservation easement. There is some wooded area here that's not protected by the conservation easement but I don't think we have any survey of what trees are in there or where they're located. When I view the property, or is there a survey? 14 Chanhassen City Council 4 tuary 12, 2015 • Kate Aanenson: No but the City Forester did look at that and it was her recommendation that there are some significant trees still outside of that and by the construction as shown on that drawing would impact some of those trees by the time you dig so that was her concern with that location. Ann Healy Allen: And I think if that's ... trees and construction are a concern then we need a specific survey that shows where those trees are located. I went and looked at the property and it looked to me like most of this southern area is inhabited by buckthorn, which is an invasive species. What I saw was a tree in this area here near this X which was planted by the previous owners a year or two before these owners moved into the property and then a similar sized tree a little bit larger over in this area that would be outside the easement and then I saw 2 trees in this area that appeared to be just inside the easement. Again it was not an official survey but it didn't seem like there were any right there that would be... Kate Aanenson: Sure and I can only go by the comments that the City Forester made and she felt that there were several large trees outside of the easement that would be impacted. Not buckthorn type, no. Ann Healy Allen: And if trees are going to be impacted by construction then we should consider all trees that would be impacted by the construction. In this plan, in the plan shown by staff it doesn't look at trees outside of the Meyer's property. We in fact have 5 trees along this property line. One possibly two that are within the conservation easement and would be negatively impacted by any excavation and compacting and traveling of heavy equipment. Those types of things so those should be surveyed, positioned and information should be provided on what the impact of this pool would be on those as well. There may also be some up in this area in the property owner to the north in Timberwood that could he affected by this construction as well. So in summary I think there are several reasons to vote against this amendment. It does not need to be as large as it is shown in this area. It does not take into consideration the impact on trees around it. And finally the conservation easement in 3 key areas. Excavation, man made structures, and the preservation of the natural beauty and wildlife of the area. Removing this section from the conservation easement would negatively impact the wildlife that travels around that corridor and around the entire area and have impacts beyond just myself and our neighboring property owners. So thank you for your time. Any questions? Mayor Laufenburger: Thank you Ms. Allen for your preparation and your diligent work on this behalf and your willingness to stand in front of that microphone. I know that can be intimidating. Thank you very much. Ann Healy Allen: Thank you. Mayor Laufenburger: Any questions of staff as a result of the comments from the public? Before that, is there anybody else that would like to speak from the public? Please step to the microphone and state your name and address please. Jeff Cobb: My name is Jeff Cobb. I am actually here to represent the contractor. I'm not a resident of this fabulous city but. 15 Chanhassen City Council • uary12, 2015 • Mayor Laufenburger: State your name and address again please. Jeff Cobb: Jeff Cobb. I live in St. Michael. 404 Elder Avenue, St. Michael. Mayor Laufenburger: Okay, thank you Mr. Cobb. Jeff Cobb: One thing I should commend. Congratulations on your new position by the way. I should commend the city because this is the toughest city by far to construct a swimming pool in. There's been a lot of other cities that actually have carbon copied you guy's kind of model so you know good for you guys. Mr. Gerhardt I think is correct when he stated before that you guys are looking at the proper avenue for allowing a homeowner now versus the neighbor a couple houses down that went through the other process to try to put his pool in so I truly believe from a contractor's point of view you guys are approaching this the proper way to allow this homeowner to enjoy their you know private property rights. However I don't know the neighbors, I haven't met them yet. I have nothing against them. She's got some valid points however this really comes down to this homeowner trying to accomplish enjoying private property rights. There will be silt fence installed along the property lines. There'll be no trees on their property that will be affected. We looked at all different kinds of avenues on where to put this pool and it will not go in the side ways. When you construct a pool and you do any excavation you need to stay outside of the drip line of any tree because there's roots. There's things that will damage that tree down the road so you don't even want to travel across these roots so this is, this is what these homeowners are requesting is that location that is in there. I think the due process with Jill and the other engineers and people in the city here that have gone through this process are, have really understood this and looked at this and it's conforming with the neighborhood in my opinion when you look at two houses down with another one. She brought up, the neighbor here brought up some drainage issues. Fencing issues. There is a drainage plan that was applied for during the permit process and that during the construction and inspection process is when all of that gets dealt with and will be obviously taken care of properly. I've been doing pools for 28 years. It's my profession and I mean to please this homeowner and I usually try to get everybody in the neighborhood so happy they put a pool in too so if you have any other questions I'm open. Mayor Laufenburger: Thank you Mr. Cobb. Any questions? Mr. Campion. Councilman Campion: I have one. You mentioned the fence that would be going in. Can you say a little bit more about that? Mayor Laufenburger: I think you were referring to a silt fence during construction, is that correct? Jeff Cobb: Silt fence, yep. Yes. Councilman Campion: So just during construction. 16 Chanhassen City Council—kanuary 12, 2015 • Jeff Cobb: Yeah. That silt fence is put in place so that any silt or dirt, soil, if it downpours does not damage any other property other than this property in the construction zone area only. As far as permanent fence, that is applied for as well and that is put up and installed and that's when the silt fence comes down when the yard's finalized and the permanent fence is put up at that point. Councilman Campion: Okay. Mayor Laufenburger: Any other questions at this time? Mr. McDonald. Councilman McDonald: Question. Thank you for addressing the suggestion of orienting the pool east/west and the reasons why we can't do that. On the north/south axis is there a reason why the pool couldn't shift to the south? Jeff Cobb: Well I mean it could move a foot or two, 10 feet either way but we have setbacks from the home. We have setbacks from side property. Rear property lines that need to be met and all of them would be met once this conservation easement is vacated in this area where there's no trees. That was a driveway in the past for this old farm property. Councilman McDonald: Okay, thank you. Kate Aanenson: I just have a question on the setback from the house. What setback from the house were you talking about? Jeff Cobb: There's a minimum setback from the footings of the house to the footings of the pool. It's a minimum of 10 feet. Mayor Laufenburger: Is that, that's part of our city ordinances is that correct? Kate Aanenson: Correct. Jeff Cobb: It's pretty much standard, blanket in the state. Mayor Laufenburger: And this new plan does comply with that Ms. Aanenson? Kate Aanenson: It's in excess of 10 feet. Mayor Laufenburger: It complies in that it's more than. It's at least 10 feet. Kate Aanenson: Yes, that's correct. Mayor Laufenburger: Okay. Alright. Okay. Councilwoman Tjornhom: I have. Mayor Laufenburger: Yes, Councilwoman Tjomhom. 17 Chanhassen City Council —January 12, 2015 Councilwoman Tjomhom: Excavation was brought up and so perhaps you Mr. Cobb or Kate can talk about the plan for excavation. I know that you know obviously there'll be a hole dug and that excess dirt will have to go somewhere. Fill probably brought in so what is the plan for that? Jeff Cobb: All of that is addressed during the permit process as well. Councilwoman Tjomhom: Okay. Jeff Cobb: And that will be through the inspection process. You know and all that will be taken care of during that time. Councilwoman Tjomhom: So at that, during the construction of the pool we will have inspectors coming out to make sure that everything is being complied with when it comes to what we require? Jeff Cobb: Yeah this, and definitely the inspectors you have here do not let anybody get away with too much you know so you should commend them. Mayor Laufenburger: Ms. Aanenson, maybe you can clarify for us. The only action that we're concerned about tonight is the modification to the, or the amendment to the conservation easement. Anything that comes along regarding construction of the pool, that's not being addressed at this time, is that correct? Kate Aanenson: Right although there's some sort of a nexus between the two but yes. That's what the request is for tonight is to amendment. To amend the. Mayor Laufenburger: Correct but the builder's compliance with the city ordinances, that will be dealt with through the building permitting process, is that correct? Kate Aanenson: Correct. Mayor Laufenburger: Okay. Okay. Alright, thank you Mr. Cobb. Councilwoman Ryan: Mayor? Mayor Laufenburger: Oh excuse me. Councilwoman Ryan. Councilwoman Ryan: Two questions, and maybe Ms. Aanenson you can help. So if the setback minimum is 10 feet, I couldn't find the numbers on here. Where are we at? Todd Gerhardt: 18 feet. Councilwoman Ryan: 18, okay. And then you mentioned about the drip line and that's why you'd be unable to orient the pool east/west. Have you looked at the drip line for the set of trees that was mentioned prior on the neighbor's property? tou Chanhassen City Council4tanuary 12, 2015 • Jeff Cobb: They will not be affected because we are, we're 12, 11.5 feet on that neighbor's side. They won't be affected. Councilwoman Ryan: Thank you. Mayor Laufenburger: Thank you Mr. Cobb. Ms. Allen, did you have another comment or question? Ann Healy Allen: I do. Mayor Laufenburger: And just ask that you keep it brief if you can alright. Ann Healy Allen: Yes certainly. First of all the setback was mentioned at 18 feet which is the distance from here to here when in fact the setback is I believe is to the edge of the pool, not the edge of the concrete. Kate Aanenson: That's, yeah. Ann Healy Allen: So you would have, you'd have 18 plus 13 that you could move the pool in the southerly direction and still meet the setback requirement. Is that correct? Mayor Laufenburger: I read, I don't read it that way Ms. Allen. I read that the edge of the pool, if in fact the setback requirement is 10 feet and right now according to this it's listed at, is it 12 Ms. Aanenson? Is that correct? And then you talk about another 18 feet so it can't move 30 feet. Kate Aanenson: This distance right here, if I may is 18 feet. This decking right here is arbitrary. Oh, sorry. Mayor Laufenburger: Yeah, thank you very much. Kate Aanenson: Thank you. So this distance right here is 18 feet. Mayor Laufenburger: Yes Kate Aanenson: This concrete deck is an arbitrary. That's the concrete patio around the decking. That could be a lot narrower. You know that's really the designer's choice for what they want for decking around the pool. Mayor Laufenburger: Okay. Kate Aanenson: Okay, so I think that's the question is if, if the pool itself have to be the 10 foot separation. There is flexibility in that separation from the house. If that's how you're understanding. Ann Healy Allen: Yes, that's my understanding WIA Chanhassen City Council — January 12, 2015 Kate Aanenson: Yeah, right. Ann Healy Allen: That it could move to the south. Kate Aanenson: Because you have a concrete patio here and another concrete patio here so that separation, here you're going to be closer but if you're taking it from this back then it would be the back of the house. Mayor Laufenburger: I think I'm confused Ms. Aanenson. Is the 10 feet setback from, you place your red dot over a little bit. Kate Aanenson: That's the edge of the pool. Mayor Laufenburger: Yeah, yeah. Kate Aanenson: Okay, this is just concrete decking. Mayor Laufenburger: Yep. Kate Aanenson: This right here so that's. Mayor Laufenburger: So where does the 10 feet begin? Kate Aanenson: From the footings of the house. Mayor Laufenburger: Okay, so those footings that you're at right now? Kate Aanenson: Yes. Mayor Laufenburger: Versus the footings over on that. Kate Aanenson: There is a footing over here too so there'd be a separation of 10 feet that way and 10 feet. Mayor Laufenburger: Yeah. Oh there's clearly 10 feet there, yeah. Kate Aanenson: Yes, so I'm saying. Mayor Laufenburger: So realistically if the distance from the edge of the, if the edge of the pool to the edge of the concrete is, let's call it 12 feet and then the edge of the existing concrete to the footing where the pool equipment appears to be identified, that could be moved to within 10 feet of that and still be in compliance with the setback? Kate Aanenson: Correct. So you've got some flexibility here and some on, so some on the west side and some of the north side there. 20 Chanhassen City Councilltuary 12, 2015 • Mayor Laufenburger: Okay. Todd Gerhardt: So it can move south 21 feet. Kate Aanenson: Something like that, yeah. You'd just reshape the existing patio. Mayor Laufenburger: Sure. Todd Gerhardt: Because you've got at least 10 feet difference from the concrete patio to the pool. Mayor Laufenburger: Thank you Ms. Allen. Ann Healy Allen: Thank you. Just one other comment concerning the trees. Our, the drip line of our trees does extend well beyond the 11 feet between the pool structure and our property line. It goes well into the middle of the pool structure here so that would be worth considering as well. Thank you. Mayor Laufenburger: Thank you. Jeff Cobb: Can I speak again please? Mayor Laufenburger: You get the last word Mr. Cobb and make it brief please. Jeff Cobb: There is each individual homeowner has air rights on their property. Their trees do not. Mayor Laufenburger: Just a moment. Is that true Ms. Aanenson? Kate Aanenson: I'll let the City Attorney address that question. Mayor Laufenburger: Mr. Knutson, is that true? We have air rights? Roger Knutson: I'm not sure what he's talking about. You own. Mayor Laufenburger: The vertical. Roger Knutson: Yes, above. Mayor Laufenburger: Okay, alright. Very cool. Alright, so continue Mr. Cobb. Jeff Cobb: And these trees do not go anywhere near their pool concrete excavation site. Mayor Laufenburger: Well there seems to be some disagreement on that but I'll accept comments Mr. Cobb. 21 Chanhassen City Council • uary 12, 2015 • Jeff Cobb: Feel free to talk with whoever's been on the site that's been at the city, or Jill and whoever else been out there. Mayor Laufenburger: Alright, thank you Mr. Cobb. Any other member of the public that would like to speak to this at this time? Okay. Let's bring it back to council here for a second. Any questions for staff as a result of the public comment? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Mr. McDonald. Councilman McDonald: Currently on the site Ms. Aanenson is a swing set that evidently takes up a large portion back there. Is that concrete, gravel or what's the surface of that particular structure? Kate Aanenson: It's my understanding that's concrete. Ann Healy Allen: It's not. It's gravel. Todd Gerhardt: No. Kate Aanenson: Gravel, which we consider hard surface coverage. Councilman McDonald: Okay. If we move the pool back we don't affect the play set then, is that right? Kate Aanenson: Correct and that was some of the rational basis that the City Forester looked at in location of, or amending the conservation easement is because this, we consider this a hard surface coverage. Compacted gravel as hard surface so we're saying that's already been impacted by hard surface coverage in that area. Councilman McDonald: Okay so, and if we go and put the pool in where it's currently planned for, at that point that area would go away as a part of putting the pool in, is that correct? Kate Aanenson: Correct. Except that it's not going to go all the way to the edge. This looks like it goes closer to the edge. The pool doesn't go that far back. Councilman McDonald: Right but the hard surface area, then the gravel and everything, would that be part of what's excavated out of there? Kate Aanenson: We would recommend that be removed, yes. Councilman McDonald: Okay, so then at that point we end up regaining roughly, what is it? 10 feet. A little bit more than 10 feet so we regain that area back into the pathway toward the back of the property then. 22 Chanhassen City Councillanuary 12, 2015 • Kate Aanenson: A portion of that, yeah. Councilman McDonald: A portion of that. Kate Aanenson: Because some of it's going to go further to the, further to the west. Councilman McDonald: Okay so I don't know, if the square footage might be equal or greater than. Audience: That area's not currently fenced however. Councilman McDonald: Well the fence isn't going to extend all the way to the edge of the property line either. I haven't heard anything that says the fence is going to extend all the way back and there's no requirement that it would go that far back either. Ann Healy Allen: There's a sketch of it in this drawing. Mayor Laufenburger: Let's do this. Ms. Aanenson, did you have another question Mr. McDonald? At this time. Councilman McDonald: Well I guess I'm getting toward what my point is but go ahead. Mayor Laufenburger: Ms. Aanenson can you just clarify for us, what is the action that is before the City Council tonight? Kate Aanenson: Your action is to consideration of amending the conservation easement. Mayor Laufenburger: Okay. And the, and our consideration is either to accept or deny the amendment as it's presented, is that correct? Kate Aanenson: That's correct. Mayor Laufenburger: So it's not in our responsibility or our approved action tonight to re -design the features of this amended easement, is that correct? Kate Aanenson: That's correct. Mayor Laufenburger: Okay. Kate Aanenson: Can I qualify that in just saying. Mayor Laufenburger: Sure you can. Kate Aanenson: You could modify the amended amount that you're looking at. The amendment to the conservation easement, you could modify that. 23 • • Chanhassen City Council — January 12, 2015 Mayor Laufenburger: Okay. Could it also be that we would request staff to work with the applicant to bring back a modified amendment to the east, is that also a possibility? Kate Aanenson: Yes. Mayor Laufenburger: Mr. Knutson is that a possibility? Roger Knutson: Yes. Mayor Laufenburger: Okay, alright. Okay now Mr. McDonald, do you want to continue with your question? I just needed that clarification on what's our responsibility tonight. Councilman McDonald: Well I think having said that, there is no point in going forward. It's just we either accept it or we ask that it be modified. Then it makes absolutely no difference at that point what happens to anything else or where the distances are so it's pointless to ask those questions so I would yield. Mayor Laufenburger: Okay. Anybody have any other, or any council members have a question of staff as a result of the applicant? I do Ms. Aanenson. There was mention of the placement of a concrete ditch. Do you know anything about a concrete ditch out on the north side of the property or running through into the north side of the property? Kate Aanenson: No, I think there was just some concerns about drainage from, that again we weren't here to discuss all those issues regarding that but that was some of the concerns that were brought up. Mayor Laufenburger: Okay. Let's see. Todd Gerhardt: Mr. Mayor, I think they talked about a drainage swale on the west side of the pool is what I think the property owner was talking about. Mayor Laufenburger: Okay, alright. And that swale could be concrete. It could be hard surface. It could be even just a depression. Kate Aanenson: Correct, correct. Mayor Laufenburger: Alright, okay. Well I guess I would open up for any council comment at this time. Councilwoman Tjomhom: Mr. Mayor. Mayor Laufenburger: Councilwoman Tjomhom. Councilwoman Tjornhom: Thank you. I believe Mayor Laufenburger brought up the point twice tonight about what we were really here to do and that is to decide whether or not to grant or to 24 Chanhassen City Council 4anuary 12, 2015 0 allow the amending of this conservation easement and my question I usually ask when it comes to these circumstances is the request reasonable and I believe Ms. Aanenson said that you know she believed it was because of the practicality of it all and I'm very leery of taking someone's backyard and redesigning it especially when it's their backyard and it's their private property and so I believe that leaving this the way it is would be a mistake. Granting them the easement is the right thing to do. They have a right to enjoy their property at a reasonable level and so I will be in favor of granting this request. Mayor Laufenburger: Okay, thank you Ms. Tjornhom. Any other comment or, from council? Mr. McDonald. Councilman McDonald: Yes Mr. Mayor. I think as the applicant said I was contacted about this and I did give advice as to what to do and basically the reason I gave advice is that we come up with a lot of these where people do not ask the City. They act and then we're forced to react or we're forced to do something and I do applaud the applicant because again I suggested that he work with staff and try to come up with a plan that would be acceptable and it sounds as though he did that so I thank you for doing that. Having said all that, well I have to address the issue. I mean the biggest concern that the neighbors to the west have got is that it's going to upset kind of the balance of nature. Well I'll tell you I've seen enough of these within Chanhassen that whatever man does it does not upset the balance of nature. Deer will still go through there. Turkeys will still go through there. Wildlife will adapt. They always do and it will be back to the way it always was. I think that I do agree with the premise that again it's private property and as much as possible a person should be able to enjoy their property. This is a good compromise in the fact that if they go in any other direction that they would legally be allowed to go in, you're going to lose a lot of trees down there and I think that will impact wildlife a lot more than putting in a pool. So I too would be in favor of accepting this and moving forward again with this so I will be voting for it Mr. Mayor. Mayor Laufenburger: Alright. Thank you Mr. McDonald. Any other comment? Councilwoman Ryan: Mr. Mayor I'll make a comment please. Mayor Laufenburger: Councilwoman Ryan please. Councilwoman Ryan: I struggled with this when I first read it, about it in the packet. I did go and visit the site and just looking at the land behind your homes. I know it is not verywooded but it is grass and understanding the views from both of your property and what you like to do with your property. I definitely respect the rights of private property owners and what you do to your land. However in this case I feel like we are setting precedent to grossly encroach a conservation easement. I would be, before making a final decision on whether or not a pool goes in or what you choose to do with your property, I would be in favor of a modification of this amendment and somehow redesign to bring it closer to the house to have less of an impact on this conservation easement so my recommendation would be a modification of the amendment or I will not be able to vote in favor. Thank you. Mayor Laufenburger: Thank you Ms. Ryan. Any other comment? Chanhassen City Council January 12, 2015 Councilman Campion: Yes, I'll comment Mr. Mayor. Mayor Laufenburger: Mr. Campion. Councilman Campion: I agree with many of the comments made by Councilwoman Tjornhom and Councilman McDonald. I believe that this is a sensible proposal. As they have it laid out I believe it has the minimal amount of impact to the trees in the area and thus the least amount of impact on the wildlife. I will be supporting the amendment as proposed. Mayor Laufenburger: Alright, thank you Mr. Campion. Well it's quite interesting. This amendment has taken on great magnitude for a couple of reasons. First of all this is the very first council meeting of this new council and what you're seeing is a result of everybody wants to be very, very, hopefully very smart and very intelligent and very responsive regarding this so there's a lot of detail that's been paid attention to and I think that's good because that sets the stage for how we will deal with these issues in the future. Let me again say that I'm pleased to have the Meyer's as residents of Chanhassen. It sounds like they have great plans for their family. Their, is it a daughter, is that correct? And I applaud the Allen's for doing the research that was necessary to speak your view as well. I still have to come back to what, the question that I asked Ms. Aanenson and that is that this council, we can't make a decision about what this pool design looks like. We can make suggestions and we can encourage the proper placement of the pool to do the least amount of disruption to the grass space or to the conservation easement but if we were to grant this easement then we are essentially granting the Meyer's the ability to do what they choose to as long as it complies with our ordinances with that property that is in the easement as it's described. Is that correct Ms. Aanenson? Kate Aanenson: That's correct. Mayor Laufenburger: Okay. So I think that the, in this case based on, I would agree with Mr. McDonald that for the most part what man attempts to do to maybe disrupt nature, nature has a way of overcoming that. I've noticed that in previous properties that I've owned. As much as I tried to put a fence to deter deer from eating in our garden, they would find a way in there anyway so I think that the animals, the critters, those critters, they will find a way to make use of the land that's available. So I would, I think that it's important that we, we understand and acknowledge that the property owners have come to us following our process, albeit very constraining for Mr. Cobb and apparently the reputation that Chanhassen has but we do that for a reason. Because we want to make sure that we're protecting that which we have in Chanhassen so with that being said, is there a motion? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Mr. McDonald. Councilman McDonald: Make a motion that the Chanhassen City Council approves the amendment to the conservation easement for 2224 Lukewood Drive. P Chanhassen City Council'Ranuary 12, 2015 • Mayor Laufenburger: Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. We have a valid motion. Is there any discussion? Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City Council approves the Amendment to the Conservation Easement for 2224 Lakewood Drive. All voted in favor, except Councilwoman Ryan who opposed and the motion carried with a vote of 4 to 1. Mayor Laufenburger: Thank you Ms. Aanenson. Thank you public. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Well I'd just like to publicly recognize Mayor Laufenburger for his appointment to the Transportation Advisory Board. We are looking forward to his leadership on that board as they review plans for the upcoming year for a variety of public road projects. And also Mayor Laufenburger and I will be hosting the 112 Easterly Carver County Leaders meeting here Friday morning at 7:30. This is where mayors and administrators meet with 112 Superintendent Bauck and his staff to talk about collaboration and upcoming projects in and around the area. All the mayors and city managers from Carver, Chaska, Victoria attend that meeting so we'll be hosting. That's all I have. Mayor Laufenburger: Thank you Mr. Gerhardt. I just would like to acknowledge that we have a new City, Assistant City Manager joining us for the first council meeting. No reflection that Mr. Gerhardt didn't make any mention of this Chelsea but. Chelsea Peterson: Thank you for acknowledging me Mr. Mayor. Mayor Laufenburger: We're pleased to have Chelsea Peterson join us as Assistant City Manager. We look forward to a long and wonderful relationship so thanks for joining us Chelsea. Chelsea Peterson: Thank you very much. Todd Gerhardt: Yeah, thanks Chelsea. Chelsea Peterson: Thanks boss. Todd Gerhardt: The last one wasn't like that. 27 7700 Market 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:952.227.1160 Fax: 952.227.1170 Finance Phone:952.227.1140 Fax: 952.2271110 Park & Recreation Phone:952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.2271400 Fax:952.227.1404 Planning & Natural Resources Phone.952.227.1130 Fax 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax:952.227.1310 Senior Center Phone:952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us 0 • z 131316LOl Iu TO: Todd Gerhardt, City Manager FROM: Jill Sinclair, Environmental Resource Specialist DATE: January 12, 2015 ow, SUBJ: 2224 Lukewood Drive, Amendment to the Conservation Easement PROPOSED MOTION "The Chanhassen City Council approves the Amendment to the Conservation Easement for 2224 Lukewood Drive." City Council approval requires a majority vote of city council. BACKGROUND The homeowner is requesting release of part of the Conservation Easement in order to construct a swimming pool on the property. A blanket easement was established along the north 50 feet of the project boundary with the Minger Addition, Subdivision #93-25. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Todd Gerhardt • • 2224 Lukewood Drive January 12, 2015 Page 2 DISCUSSION The area proposed to be amended is currently un-wooded and was previously a section of driveway that lead to the original home located on the development property. Staff supports the amendment since no trees will be removed in order to complete the construction. A play structure and sandbox currently occupy part of the area. These structures will be removed for the construction of the pool. There is an existing wooded area within the Conservation Easement. This area will not be affected and remain under the easement. RECOMMENDATION Staff recommends approving the Amendment to the Conservation Easement for 2224 Lukewood Drive. ATTACIIMENTS 1. Amendment. 2. Site Survey. 3. Affidavit of Mailing. g:\plan\2015 planning cases\2015-03 2224 lukmood drive conservation eas nent\2224 lukmood exec summary.doc AMENDMENT TO CONSERVATION EASEMENT THIS AMENDMENT TO CONSERVATION EASEMENT ("Amendment") is made as of the day of 2015, by and between the CITY OF CHANH ASSEN, a Minnesota municipal corporation ("City") and MICHAEL MEYER AND MEGAN MEYER, husband and wife ("Meyers"). RECITALS: WHEREAS, a Conservation Easement was granted to the City by Patrick J. Minger and Karen C. Minger dated August 24, 1994, and filed of record with the Carver County Recorder on September 16, 1994, as Document No. 172019 ("Original Easement"); WHEREAS, the Meyers are the current owners of property legally described as Lot 4, Block 1, Minger Addition, Carver County, Minnesota ("Subject Property"); WHEREAS, the parties wish to amend the Original Easement for the sole purpose of revising the legal description as it affects the Subject Property. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties hereto agree that the legal description in the Original Easement as it affects the Subject Property is amended and legally described on the attached Exhibit A and depicted on Exhibit B. i79255vi IN WITNESS WHEREOF, the parties hereto have signed this Amendment to Conservation Easement the day and year first above written. [Remainder of Page Intentionally Left Blank] 179255vl CITY OF CHANHASSEN I:"A STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) Denny Laufenburger, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of , 2015 by Denny Laufenberger and Todd Gerhardt, the Mayor and City Manager, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 179255v1 Michael Meyer Megan Meyer STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2015, by Michael Meyer and Megan Meyer, husband and wife. Notary Public DRAFTED BY: CAWBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK/cjh 179255v1 4 EXHIBIT A TO AMENDMENT TO CONSERVATION EASEMENT The north 50 feet of Lot 4, Block 1, MINGER ADDITION, Carver County, Minnesota, except the portion legally described as follows: Beginning at the Northwest corner of said Lot 4, thence South 89 degrees 59 minutes 06 seconds East, assumed bearing along the North line of said Lot 4, 63.00 feet; thence South 00 degrees 00 minutes 54 seconds West, 30.00 feet; thence South 46 degrees 24 minutes 42 seconds West, 29.00 feet; thence North 89 degrees 59 minutes 16 seconds West, 42.00 feet to the West line of said Lot 4; thence North 00 degrees 00 minutes 44 seconds East, along said West line, 50.00 feet to the point of beginning. 1792550 Waslamont Amendment 48s4ttltbfst, for - Michael Meyer 7v 2224 Lukewood Drive E Chanhassen, MN 55317 DESCRIPTION OF PROPERTY. 0 20' LOt 4, Block 1, MINGER ADDITION, Carver County, Minnesota. LOT4 3 � 1 !+ corrcaeTe �> •as h i I .O ✓coB I �I PaMTro e d' o uS I 'Aq 6' �I far 4, I i EXISTING H al I I w.a• : 12C 4od °pF ar,.—a i � L _ e JE-'a0aS0C _ �` mrvtwar ,per yr' — e co d4y S89.69ol E J aq ---cgvc'cllRet cunFw R N 89.59V - W 137.87' i -- NJRMUWOFLOT4 ORNNIOE, unur v FA9EMENT 3________________� O /a F1REM / / O WOODED / y / of LEGAL DESCRIPTION FOR CONSERVATION EASEMENT AMENDMENT AREA: That perf o/Lof 4. Block 1, MINGER AMMON, Carver County, Mimeecte, desulbed as follows: BeghnNlg at the N4 oesf comerdsaid Lot 4, thence South 69 degree, 59 minules 06 second, EaA ssaumed beadr g sting the North Nna of sold Lot 4, 63.00 her, Nonce SoW100 degrees 00 mNulea 54 seconds West, 30.00 feet, themx South 46 degrees 24 mhutea 42 seconds West, 29.00 het, thence North 69 degrees 59 m/nWes 16 seconds Wes& 4200 feet to the West Nno of sold LW 4; thence North 00 degrees 00 minWea 44 seconds East, along sold West Nne, 50.00 fed fo the POW of beglndng. — -L-UKEWGGD--DRfVE— - _ A DENOTES CONSERVATION EASEMENTAMENOMENTAREA L9XH4II17 I hereby eed9y feet &a,covey wee prepared by me or under • Found 1/2'Iron "'amy direct supeMm alon aid Und I aa dWy Acerlsed PMwebnal 04UM I E R LVM Surveyor under6u/aws dale Side ofkaw see, O Set 112"IronPI.n�.- withcapno.227113 LAND SURVEYING. LLC 22703 I M4114 PRO . NO.: 1273-00 X Spot Elevation 952-443.3010 Sloven V. lsdw license No. Oafs BOOK a. PAGE 59 ruw.. oc 6 MORTGAGE HOLDER CONSENT TO AMENDMENT TO CONSERVATIONEASEMENT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., organized and existing under the laws of Delaware, as nominee for the Lender JP MORGAN CHASE BANK NA, which holds a mortgage on all or part of the property more particularly described in the foregoing Amendment to Conservation Easement, which mortgage is dated September 14, 2014, and recorded October 1, 2014 as Document No. A 600104 with the office of the County Recorder for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to and subjects its interest in the property subject to the foregoing Amendment to Conservation Easement. STATE OF ) ss. COUNTY OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. f:W Its The foregoing instrument was acknowledged before me this day of 2015, by the of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, organized and existing under the laws of Delaware, as nominee for the Lender JP MORGAN CHASE BANK NA, on its behalf. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFFED BY: CAMPBEIL KNursoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651)452-5000 RNK:cjh 179255v1 7 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) as. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 2, 2015, 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 Request for Amendment to Conservation Easement at 2224 Lakewood Drive 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. �`• ,� L5 02y A Subscribed and sworn to before me this 6_+h day o 12015. KIM T. MEUWISSEN Notary Public -Minnesota 'ry- My Com "WEVOUJW31,2015 CITY OF CHANHASSEN Notice of Request for Amendment to Conservation Easement Dear Property Owner: The City has received a request from Michael and Megan Meyer, property owners of 2224 Lukewood Drive, to amend the conservation easement located in their backyard in order to construct a swimming pool. The City Council will review this request at their meeting on Monday, January 12, 2015 at 7:00 p.m. You may attend this meeting and provide comment on this request. Comments may also be submitted prior to the meeting by email to Jill Sinclair at isinclair@ci.chanhassen.mn.us, or in writing to Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN, 55317. Please submit emailed or written comments no later than Tuesday, January 6, 2015 so they can be included in the staff report to the City Council. Documents regarding this request are available for review on the city's website at www.ci.chanhassen.mn.us/lukewood. The agenda and staff report will be available online by Thursday, January 811 at www.ci.chanhassen.mn.us/agendas. If you have any questions or need additional information prior to the City Council meeting, please contact Jill Sinclair with the Chanhassen Planning Department at (952) 227-1131 or by email at isinclair()ci.chanhassen.mn.us. CITY OF CHANHASSEN Notice of Request for Amendment to Conservation Easement Dear Property Owner: The City has received a request from Michael and Megan Meyer, property owners of 2224 Lukewood Drive, to amend the conservation easement located in their backyard in order to construct a swimming pool. The City Council will review this request at their meeting on Monday, January 12, 2015 at 7:00 p.m. You may attend this meeting and provide comment on this request. Comments may also be submitted prior to the meeting by email to Jill Sinclair at isinclair(a)ci.chanhassen.mn.us, or in writing to Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN, 55317. Please submit emailed or written comments no later than Tuesday, January 6, 2015 so they can be included in the staff report to the City Council. Documents regarding this request are available for review on the city's website at www.ci.chanhassen.mn.us/lukewood. The agenda and staff report will be available online by Thursday, January 811 at www.ci.chanhassen.mn.us/agendas. If you have any questions or need additional information prior to the City Council meeting, please contact Jill Sinclair with the Chanhassen Planning Department at (952) 227-1131 or by email at isinclairCcDci.chanhassen.mn.us. P BARRY PINNOCK BLAIR D & MARIA N ELGREN BRADLEY J FOLEY 2221 LUKEWOOD DR 2274 LUKEWOOD DR 2061 TIMBERWOOD DR CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-9669 BRIAN A & JEAN M LEBAHN CHARLES J BURKE CINDY L SKACK 8275 BENWOOD CIR 2305 LUKEWOOD DR 2209 LUKEWOOD DR CHANHASSEN, MN 55317-9380 CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-8425 CRAIG A & CHRISTINE M WINTER DANIEL M GRUSS DAVID C HOELKE 8250 BENWOOD CIR 2300 LUKEWOOD DR 8141 MAPLEWOOD TERR CHANHASSEN, MN 55317-9380 CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9661 DEREK G SLAUGHTER DOUGLAS M ALLEN GREGORY G & JULIE K SORENSEN 8260 BENWOOD CIR 2250 LUKEWOOD DR 8121 MAPLEWOOD TER CHANHASSEN, MN 55317-9380 CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-9661 JAMES D & LORIE D RYAN JAMES L & DARLA D OLSON JEROME A & NANCY N PARTEN 8121 PINEWOOD CIR 2277 LUKEWOOD DR 2301 LUKEWOOD DR CHANHASSEN, MN 55317-9664 CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-9370 JOSEPH M GRIEF KEVIN R & SUSAN J O'BRIEN LEAH MANCINI 2200 LUKEWOOD DR 2201 LUKEWOOD DR 2329 LUKEWOOD DR CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-9370 MARK A & NANCY E BIELSKI MICHAEL DAUWALTER MICHAEL DEAN WAYMIRE 8140 PINEWOOD CIR 8141 PINEWOOD CIR 2081 TIMBERWOOD DR CHANHASSEN, MN 55317-9664 CHANHASSEN, MN 55317-9664 CHANHASSEN, MN 55317-9669 MICHAEL MEYER PATRICK J & KAREN C MINGER RANDY M & ALISON L BLACKOWIAK 2224 LUKEWOOD DR 2218 LUKEWOOD DR 8140 MAPLEWOOD TER CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-9661 STEPHEN A WITHROW STEVEN D KELLEY THOMAS L & AILEEN B TIETJEN 2206 LUKEWOOD DR 2071 TIMBERWOOD DR 8278 BENWOOD CIR CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-9669 CHANHASSEN, MN 55317-9380 TIMOTHY & ALISON K RONGITSCH TIMOTHY H & LYNN M LEE WESLEY BERGSTROM 8281 BENWOOD CIR 2255 LUKEWOOD DR 8120 PINEWOOD CIR CHANHASSEN, MN 55317-9380 CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-9664 WILLIAM J SCHWEITZER WILLIAM R & BONITA A LIDFORS 2215 LUKEWOOD DR 8251 BENWOOD CIR CHANHASSEN, MN 55317-8425 CHANHASSEN, MN 55317-9380 January 11, 2015 Dear City Council Members, We urge you not to approve the proposed amendment to the Conservation Easement for 2224 Lukewood Drive. We own the property to the west of the proposal and are opposed to the amendment for the reasons as outlined below. This City Council meeting is the only opportunity provided for public comment on the proposed amendment. We reviewed the meeting minutes for the Planning Commision meetings for October, November, December and January and did not find mention of this issue. We received notice of this amendment and related City Council Meeting in the mail last Monday, January 5. The notice stated that written comments were to be submitted no later than the following day, January 6. This is not sufficient time to properly research the issue. Further, the on-line information available was incomplete for any citizen to make an informed decision on the issue. The drawings were incomplete and did not show the required fence or the full Conservation Easement area. Also, the information did not provide a copy of the existing Conservation Easement and implied that it only protected the trees, not the entire environment. This Conservation Easement, and others like it, are put in place for the good of the environment and entire city. They are put in place for the general enjoyment of the city's residents, to support vegetation and wildlife and for the long term public good. They are sound environmental planning with long term benefits. Approving this amendment sets the precedence for creep and abandonment of other conservation easements in our neighborhood and throughout the city. This will have a negative impact on our residents and the environment. The Conservation Easement protects many aspects of the environment and is not limited to prohibiting the removal of trees; the full document is attached. Specifically, it grants "the city a permanent conservation easement... over, under and across the premises..." In addition to protecting trees and vegetation, the Conservation Easement states that "the following are prohibited in perpetuity on the subject property:" A. "Constructing, installing or maintaining anything made by man, including but not limited to structures, buildings and walkways". Any pool, patio or fence are manmade and would therefore violate this provision. B. "Excavation or filling". The proposed in -ground pool requires significant excavating and therefore violates this provision. C. "Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife". Several varieties of wildlife travel through the Conservation Easement daily and seasonally. These include but are not limited to deer, ducks, ducklings, coyote, fox and turkey. The amendment would restrict these natural movements of wildlife as well as negatively impact the scenic beauty of the area. Therefore, this provision would be violated. The proposed amendment extends into the Conservation Easement further than is necessary for the pool and deck design shown. As illustrated in the attached drawing, the amended area extends 16.5 feet to the north of the concrete deck when the fence could be placed adjacent to the deck. The amendment also extends 25 feet to the east of the pool deck, and 8.5 feet east of the fence. We question the need for this expansive space in the amendment and recognize that it would allow for a changing building, gazebo, storage building or other man made structure to be built. Approval of this large amendment to the Conservation Easement would allow additional modifications to the Conservation area in unlimited ways, beyond the pool plan shown, by all future property owners. The proposed design can be located outside the Conservation Easement. The proposed design is 25 feet across. There are more than 25 feet between the porch and the southern edge of the Conservation Easement. The hash marked area on the attached drawing illustrates how the existing design could be placed outside the Conservation Easement. In summary, we are not opposed to our neighbors enjoying their property and building a pool. However, the proposed design violates three key areas that are prohibited by the Conservation Easement: the building of manmade structures, excavating and executing any activity detrimental to the wildlife and the scenic beauty of the conservation area. The design can be executed without approval of the amendment. We urge you to oppose the amendment, thereby protecting our environment and the further creep of similar easements. Sincerely, Doug Allen and Ann Healey -Allen 2250 Lukewood Dr. SCANNED • Sinclair, Jill From: Nancy Parten [Nancy_Parten@cargill.com] Sent: Tuesday, January 06, 2015 8:38 AM To: Sinclair, Jill Cc: jerryparten@yahoo.com Subject: FW: Meyer Pool Project Jerry and Nancy Parten at 2301 Lukewood Drive support the amendment to the conservation easement to allow Michael and Megan Meyer to construct a swimming pool in their backyard. NA doer 6. 0ivacf «S �J - W*V vxnjz�& kl�m �Am 46k V*W SCANNED Sinclair, Jill From: Lynn Lee [Ilee522@hotmail.com] Sent: Tuesday, January 06, 2015 8:15 AM To: Sinclair, Jill Subject: Meyer easement amendment We are writing to support the motion to amend the conservations easement for the property owners of 2224 Lukewood Drive in order to construct a swimming pool. We live kitty corner to this property and we think the pool is consistent with the family friendly feeling of our neighborhood. The Meyers, owners of the property, take exceptionally good care of their yard and their house and we are confident that they will be as conscientious concerning a pool area. A neighbor a few doors down already has a pool and we have not noticed any detrimental issues arising due to its existence. Therefore, we are in favor of amending the conservation easement at 2224 Lukewood Drive to allow for the building of a pool. Tim and Lynn Lee 2255 Lukewood Dr Chanhassen MN 55317 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OF CHANHA3SEN APPLICATION FOR DEVELOPMENT REVIEW 22 Date Filed: 60-Day Review Deadline: Planner: (t Ste fla'Case Section•• • ••apply) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit ❑ Single -Family Residence................................$325 ❑ All Others......................................................... $425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts'......................$500 Plus $10 per 1,000 square feet of building area 'Include number of existing employees: and number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots .......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat' ..................... ................................... $250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the ./1 YAe development contract. ^CLVVZ_V -f- - l o0 ® Veee4eR of Easements/Right-of-way................... (Additional recording fees may apply) ❑ Variance ........................... ........ $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ADDITIONAL REQUIRED FEES: 7 q5. DD ❑ Notification Sign ................................................ $20121 TOTAL FEES: $ ✓ (city to install and remove) $IE \ F�' ❑ Property Owners' List within 500......... $3 per a �iReceived from: ( � l C Iyt? 1 \ T� t' r/ (City to generate — fee determined at pre lication meeting) ❑ Escrow for Recording Documents . 50 p r document Date Received: Check Number: (CUP/SPRNACNARNJAP/Metes 8 ubdivision) Section 2: Required Information Project Name: 2224 Lukewood Drive Conservation Easement Amendment Property Address or Location: 2224 Lukewood Drive Parcel #: 25-4700040 Total Acreage: 0.38 Present Zoning: RSF Legal Description: Lot 4, Block 1, Minger Addition Wetlands Present? ❑ Yes 0 No Present Land Use Designation: Residential Existing Use of Property: Description of Proposal: Requested Zoning: N/A Requested Land Use Designation: N/A for amendment to conservation easement to allow construction ❑ Check box if separate narrative is attached PropertySection 3: .. APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and 1 am the party whom the City should contact regarding any matter pertaining to 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct Name: Michael & Megan Meyer Contact: Mike Meyer Address: 2224 Lukewood Drive Phone: (952) 985-6513 City/State2ip: Chanhassen, MN 55317 Cell: 335 - [ooto3 Email: meyerm@hearthnhome.com Fax: Signature: Date: This application must be completed in full aria ue typewritten or clearly printed and must be accompanied by ail information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: [:]Email ❑ Mailed Paper Copy Email: CITY OF CHANHASSEN • P O BOX 147 CHANHASSEN MN 55317 O1/08/2015 11:20 AM Receipt No. 00272433 CLERK: ashleym PAYEE: Michael Meyer Megan Meyer 2224 Lukewood Drive Chanhassen MN 55317- ------------------------------------------------------- GIS List 93.00 Use & Variance 100.00 Recording Fees 50.00 Total Cash Check 2941 Change 243.00 0.00 243.00 0.00 SCANNEC • 2224 LUKEWOOD DRIVE CONSERVATION EASEMENT AMENDMENT - PLANNING CASE 2015-03 $100.00 Conservation Easement Amendment $93.00 Property Owners List $50.00 Recording Escrow $243.00 TOTAL $243.00 Michael D. Meyer paid Check 2941 $0.00 BALANCE JJGUJ —) INSTRUMENT made this 23rd day of _ August ' 1 9 94 , by and between Patrick J. Minger and Karen C. Minger hereinafter referred to as "Grantor(s)", and the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), WITNESSETH: The Grantor(s), in consideration of good and valuable consideration paid by the City, the recelpt and sufficiency of which Is hereby acknowledged, grant unto the City a permanent conservation easement for the purposes set forth in this Instrument, over, under, and across the premises described In the attached Exhibit A ("subject property"), 1. Grantor(s) for themselves their heirs, successors, and assigns, agree that the following are prohibited In perpetuity on the subject property: A. Constructing, Installing, or maintaining anything made by man, Including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or as directed by a governmental agency. C. Excavation or filling D. Application of fertilizers, whether natural or chemical. E. Application of chemicals for the destruction or retardation of vegetation, F. The deposit of waste, yard waste, or debris, 145571CHAN FORM RNK;AN0144 0. The application of herbicides, pesticides, and Insecticides, except for noxious weed control by or as directed by a governmental agency, H. Outside storage of any kind, I. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife, 2. Grantor(s), for �themselves, their heirs, successors, and assigns, further grant the City the affirmative right, but not the obligation to do the following on the subject property: (SEAL) A. Preserve, Improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. S. Enter upon the subject property at any time to enforce compliance with the terms of this Instrument. ORANTO{tRM:: Patrick J. ger aren C. Ming CITY OF CHANHASSEN M n ANC 14557XHAN FORM MVovQ' Atro4 2 STATE OF MINNESOTA ) COUNTY OF 69,cylE2 )ss 12 m The foregoing Instrument was acknowledged before me this -��':5day of 1-90,1U57- , 19±44, by �AT2iGK T IJ�iNGE2 fl/✓O �A2E.i✓ L°. /�is✓GE,/L husband and wife. ELAINE J. ROESER NOTACARVERICOUNTY�TA NOTARY PUBLIC i My Comm Expires Sept 26. 1996. STATE OF MINNESOTA 1 )ss. COUNTY OF CARVER ) The foregoing Instrum,,fl.n�'t w a knowledged before me this aloes day of �, 19_U, by 15 so 1 and by Don Ashworth, respectively the A<TiN6 Mayo end City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by Its City Council. NOTARY LI DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P,A, 317 Eagandele Office Center 1380 Corporate Center Curve Eagan, Minnesota 65121 (612) 452-5000 RNK:srn ., KAREN J. ENGELHARDT + NOTARY PUBLIC—MINNESOTA CARVER COUNTY i My Commission Expires OCT. 16.1997 -------------- 145571CHM FORM RWYOT/0244 3 EXHIBIT A WINGER ADDITION PROPOSED TREE CONSERVATION EASEMENT LEGAL DESCRIPTIONS The north 50 feet of Lot 1, Block 1, WINGER ADDITION. The north 50 feet of Lot 2, Block 1, MINGER ADDITION. Ile north 50 feet of Lot 3, Block 1, MINGER ADDITION. The north 50 feet of Lot 4, Block 1, MINGER ADDITION. Ile north 50.00 and east 50.00 feet of Lot 5, Block 1, MINGER ADDITION. The east 50 feet Lot 6, Block 1, WINGER ADDITION. The east 30 feet Lot 7, Block 1, MINCER ADDITION. The east 40 feet and the south 50 feet of Lot 8, Block 1, MINGER ADDITION. The south 50 feet of Lot 9, Block 1, MINGER ADDITION. The westerly 50 feet of Lot 10, Block 1, MINGER ADDITION. The westerly 50 feet of Lot 11, Block 1, WINGER ADDITION. The south 45 feet of the east 60 feet of Lot 12, Block 1, WINGER ADDITION. The southerly 115 feet Lot 13, Block 1, WINGER ADDITION. The northeasterly 40 feet Lot 14, Block 1, WINGER ADDITION. The northeasterly 50 feet Lot 15, Block 1, WINGER ADDITION. The easterly 80 feet and the south 50 feet of Lot 16, Block 1, MINCER ADDITION. The south 50 feet of Lot 17, Block 1, MINGER ADDITION. CONSENT TO CONSERVATION EASEMENT STATE BANK OF CHANIASSEN, which holds a mortgage on all or part of the property more particularly described in the foregoing Conservation Easement, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do(es) hereby join in, consent, and is subject to the foregoing Conservation Easement, STATE BANK OF CHANHASSEN 19 Its AND -- Its STATE OF MINNESOTA ) } ss. COUNTY OF The foregoing instrument was ack owledged before me this ,;2 %! day of J` 1994, by A � ��e� and by uurci��1 �oo�., the and 6,- U,00. of State Bank of Chanhassen, on its behalf. y;. JEAN M. TIMp t • e NOTARY FUBEi6INNES0TA 1, j CARVER COUNTY My Comm Expires Sept. 25, 19% DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SRN NOTARY -PUBLIC 17728 09/09/94 CNAN:MINGER ADDITION CONSERVATION EASEMENT 4 IS NOT LEGALLY RECORDED PLAT. MAP IS A COMPILATION OF RECORDS HEY APPEAR IN THE CARVER COUNTY ICES AND OTHER SOURCES. THIS MAP NLY TO BE USED FOR REFERENCE POSES. THE COUNTY AND ITS AGENTS NOT RESPONSIBLE FOR ANY CCURACIES CONTAINED THEREIN. ROY KELM SK 62, R 440 ` N233 OUTLOT A 29 1 30 OJ 31 r m 32 n m m 33 TRAIL 3 66 00� I 2 3 IO2 't2 o i J FIRST BANK NAT. ASSOC. a Doc. No. 1 10 579 33 OUTLOT 8 0 m 14 \ 131 1 ! I a O N O a v I "- 15 BK 132, n P. 227 0� i n �.. m 4 N ,I OUTLOT A S 17 3 h 86o \ 4 \ O 23e w ..,.1.2 o o. 4 RAGE 56e OUTLO r 'css m dry°g PSS'V4410 �1,T 7V `65�� sJOa of 2�S c 4J F hie, 1 ~ 204.3 ?D�f Ss /i "°''� STONE I� " CREEK 1 GERALD GUSTAFSON '- eK 108, P 458 2rW I1 ` g3LB ADD. °.2522. sez°3 " OUTLOT E lo y t5 11 12 STONE C qy g STONE CREEK LANE WEST 0 ,� F Z 2_ S A 7 m I I II easement Aaseadaseat ZxAlbt! -for - Michael Meyer 7V 2224 Lukewood Drive -WE Chanhassen, MN 55317 DESCRIPTION OF PROPERTY: 0 20' Lot 4, Block 1, MINGER ADDITION, Carver County, Minnesota. LOi4 N 89-59,06, W 137.87' _ 5 10'SI„b6'E .pO --_ .--- NOR)H LINE OF L01< �� 4 �I mMml i %'ro J Q° r61' de c _ EXISTING HOUSE / 22, 4• ._ d 5 4 dPk QW '' mm v .—R 8281L•P�,b• 989'S9Y6'E PROPOSED LEGAL DESCRIPTION FOR CONSERVATION EASEMENT AMENDMENTAREA: Dial pad of Lot 4. Black 1, MINGER ADDITION. Carver County, Minnesota, described as folbws: Beginning at the Nodhwest comer of said Lot 4, thence South 89 degrees 59 minutes 06 ..nds East, assumed besting along the North line of said Lot 4, 63.00 feet. thence South 00 degrees 00 minutes 54 secends West, 3000 feel: thence South 46 degrees 24 minutes 42 seconds West. 29.00 Met: Hence North 89 degrees 59 minutes 16 seconds West. 42.00 feet to the West line of said Lot 4: Man. North 00 degrees W minutes a seconds East. stool said West firs, 5000 feet to the point ofbeginning. MADENOTES CONSERVATION EASEMENTAMENDMENTAREA J Q° r61' de c _ EXISTING HOUSE / 22, 4• ._ d 5 4 dPk QW '' mm v .—R 8281L•P�,b• 989'S9Y6'E PROPOSED LEGAL DESCRIPTION FOR CONSERVATION EASEMENT AMENDMENTAREA: Dial pad of Lot 4. Black 1, MINGER ADDITION. Carver County, Minnesota, described as folbws: Beginning at the Nodhwest comer of said Lot 4, thence South 89 degrees 59 minutes 06 ..nds East, assumed besting along the North line of said Lot 4, 63.00 feet. thence South 00 degrees 00 minutes 54 secends West, 3000 feel: thence South 46 degrees 24 minutes 42 seconds West. 29.00 Met: Hence North 89 degrees 59 minutes 16 seconds West. 42.00 feet to the West line of said Lot 4: Man. North 00 degrees W minutes a seconds East. stool said West firs, 5000 feet to the point ofbeginning. MADENOTES CONSERVATION EASEMENTAMENDMENTAREA LEGEND I hereby ced8y that Nis survey was prepared by one or under my direct supervision and mat I am a duty licensed Pmtessbnal • Found 1/2' Iron Pipe Lend Surveyor under Me laws of the State or Minnesota Set 1 /2' iron pipe marked M I E R O with cap no. 22703 LAND SURVEYING, LLC 9"`^t 22703 IIIIV14 PR01. NO.: 1223oa X Spot Elevation 952-4433010 Steven V Ww License No. Data BOOK 6, PAGE 59 rhm r x z;CANth DESCRIPTION OF PROERTY: ��L�ti N•''` Lot 4, Block 1, MINGER ADDITION, Carver County, Minnesota. f 5 Gbh _ N 89`59'06' W 137.8T --- NORTH LINE OF L074 --- I 0 DRAINAGE&UTILITY EASEMENT ._ 0 C, 51 1 I 25.0' I I ��G JtL 00 I 15 O 00 I .5 1- CONCRETE Y/\{ ,0�0� �� I FIRE PIT /l 1 i If I w° w CO w 1W, b 00 1z, QN I nit N a0 I: o ^ ° o / 2 WOODED / If )CONCRETE p O pp0 b 11.5�K w H I Dry . 21.8'05° CONCRETE 12.6' // 10 N n PA770 26.2' 15.r /fib o 2 /O tl I EXISTING HOUSE 2.0 / o \ N \ I 12.4' 13. 6' n 22.2' l ice. N 20.7" I / �p 5 I 41 R' Y 0 4P L — _ BLACICfOP cons. siden2lk — o qp9. DRIVEWAY ,e7 Syr - — — — — HARD C( ,e 6261• S89°59Y6'E --' - •'--� [`2t6p. 1�,�a Lot size: � 00 `-- CONC. CURB 8 GUTTER N �g Existing !i Existing D ry Fried.,.. o Property Card • Taxpayer Information Taxpayer Name MICHAEL MEYER MEGAN MEYER Mailing Address 2224 LUKEWOOD DR CHANHASSEN, MN 55317-8425 Property Address Address 2224 LUKEWOOD DR City CHANHASSEN, MN 55317 Parcel ID Number Parcel Information Uses Res 1 unit GISAcres Lot Tax Description DITION Building Information Building Style 2 STORY Above Grade 2901 Bedrooms 4 Finished Sci Ft Year Built 1995 Garage Y Bathrooms 2.5 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 064 RILEY PURG BLUFF Y N N Assessor Information Estimated Market Value 2013 Values (Payable 2014) 2014 Values (Payable 2015) Last Sale Land $99,200.00 $106,300.00 Date of Sale 06/13/2011 Building $331,600.00 $349,500.00 Sale Value $409,500.00 Total $430,800.00 $455,800.00 The data provided herewith is for reference purposes only. This data is not suitable for legal, engineering, survey ng or other similar purposes. Carver County does not guarantee the accuracy of the information contained herein. This data is furnished on an as ts bask and Carver County makes no representations or warranties, either expressed or implied, for the mem iantablldy orfdness of Me information provided for any purpose. This disclaimer is provided pursuant to Minnesota Statutes §466.03 and the user of the data provided herein acknowledges that Carver County shall not be liable for any damages. and by using this data n any way expressly waives all claims, and agrees to defend, indemnify. and hold harmless Carver County, its officials, officers, agents, employees, etc from any and all claims bought by anyone who uses the information provided for heran. its employees or agent, er CARVER third parties whirr arks out of users access. By acceptance of this data. the user agrees not to transmit this data or pmvne access to it or any pad of it to another party unless Me user includes COUNTY with the data a copy of this disclaimer. ;aNrvk: Wednesdav, December 31, 2014 Carver Countv. MN