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CAS-15_PLANNING CASE NO. 2020-15KELLY LAW OFFICES Established 1948 MARK W. KELLY WILLIAM F. KELLY (1922-1995) February 11, 2021 Mayor Elise Ryan, and City Council Members 7700 Market Boulevard P.O. Box 147 Chanhassen. MN 55317 Ms. Heather Johnston, City Manager City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 7975 STONE CREEK DRIVE, SUITE 120 CHANHASSEN, MINNESOTA 55317 (952) 474-5977 FAX 474-9575 kellylawofficesaaaim.com Re: 6893 Highover Drive, Chanhassen, Minnesota; Joan and Larry Synstelien Encroachment Agreement Appeal and 2nd Encroachment Agreement Application. Dear Mayor Ryan, City Council Members and Ms. Johnston: On September 22M, after discussions with City staff, Joan and Larry Synstelien requested the City Council table their appeal of City denial of an Encroachment Agreement for the Synstelien East side yard. The denial had been based upon the City Staff perception of potential surface water drainage concerns, although no empirical on-site studies had been conducted and no complaints had been filed by adjoining neighbors. In the spirit of addressing perceived issues, and following the discussions with City staff, the Synsteliens believed those perceptions could be answered with a new surface management drainage plan. Tabling of the Appeal would allow time to prepare and submit plans for city review and approval. On September 25, 2020, the Synsteliens applied for an Encroachment Agreement and building permit for construction of a surface water drainage management project within the city drainage and utility easement, along their East side lot line. The project would prevent water flow reaching the lot on the East. On November 10,11, revised drawinfs and supplemental information was submitted in answer to staff queries. On December 2nd, an e-mail by City staff, with a copy of the Synstelien plans including penned comments, was issued. That e-mail did not approve or deny the application. No other communications have issued hereon. It has now been 139 days and we are well beyond the 60 days allowed for the city to process the application under MN ST §15.99. KELLY LAW OFFICES Since being called to task over 3 years ago, the Synsteliens have at their expense hired a surveying company to provide the City with as built surveyed lot drawings, hired a structural engineering firm and submitted proof to the City that the landscaping and retaining walls were built to code, re-applied for expired grading (even though no additional grading was required from the work completed in 2017), building and zoning permits, and made application for a city requested Encroachment Agreement. Nine out of 11 items (many of the items requested in the Encroachment agreement by the City were from landscaping done by the original land developer in 1999) summited in the Encroachment Agreement were approved by City staff. Two items, the retaining wall along the Synstelien deck and decorative garden edging in the East drainage and utility easement were denied by City staff based on objections related to the perception of possible surface water allegedly draining toward the lot on the East. As stated, during the City planning commission meeting, since installing the subterranean drainage system and completing the grading in accordance with the approved City plan in 2017, there has been no reported surface water issues. The existing grade and drainage system approved by the City effectively captures surface water flowing toward the East and directs it North to the street through an underground French drain and the system. In the spirit of moving forward, the Synsteliens voluntarily prepared the East side yard drainage management plan. The submitted plan creates an above ground Swale to mitigate the perception of a possible surface water drainage issue and provides visual marking of the boundary for the underground drainage system. If allowed to be built, the Synsteliens retaining wall along their deck and a decorative garden edging in the East drainage and utility easement in the requested Encroachment Agreement, answer the concerns. The staff objections will have been addressed and are, therefore, without merit and are unreasonable. The Synsteliens drainage management plan resolves, to the benefit of all concerned, the remaining issues and this matter should now be resolved. Accordingly, the Synsteliens ask that the City Council recall and grant the Synstelien appeal conditioned upon the construction of the new East side yard drainage management plan improvements. Furthermore, the city Council should instruct staff to prepare an Encroachment Agreement permitting all items the Synsteliens have previously requested, including the retaining wall along their East deck, their decorative garden wall in the East drainage and utility easement, and, the new East side yard drainage management plan improvements. The Synsteliens have acted responsibly and in good faith and it is reasonable and appropriate for the city to take action to conclude this matter as requested. Concomitantly, the City Council should direct the city administration to immediately amicably resolve all related outstanding matters. To do otherwise serves no legitimate purpose and will result in a waste of city resources. The Joan and Larry Synstelien look forward to your response Sincerely, Mark W. Kelly M WIC/tas KELLY LAW OFFICES Established 1948 MARK W. KELLY WILLIAM F. KELLY (1922-1995) August 19, 2020 Todd Gerhardt City Manager City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 7975 STONE CREEK DRIVE. SUITE 120 CHANHASSEN. MINNESOTA 55317 McKenzie Young -Walters Assistant Planner City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 (952)474-5977 FAX 474-9575 kellylaw ffices4P im.com Re: Notice of Appeal of August 18, 2020 Planning Commission decision denying Synstelien appeal of the city denial of an Encroachment agreement and variances from the City's Prohibition on Locating Structures within Drainage and Utility Easements located at 6893 Highover Drive. Mr. Gerhardt and Mr. Young -Walters: I represent Joan and Larry Synstelien. On July 17, 2020 the Synsteliens appealed the City's 02/12/2020 Denial of an Encroachment Agreement for Retaining Walls and Variances from the City's Prohibition on Locating Structures within Drainage and Utility Easements located at 6893 Highover Drive. On August 18, 2020 the Planning Commission held a public hearing thereon and, at the conclusion thereof, did vote to deny the Synstelien appeal. Please be advised that Joan Synstelien and Larry Synstelien do hereby appeal the decision of the Chanhassen Planning Commission, taken August 18, 2020, denying their appeal of the city denial of an Encroachment agreement and variances from the City's Prohibition on Locating Structures within Drainage and Utility Easements located at 6893 Highover Drive. This appeal is made pursuant to city code and the public announcement, at the hearing, advising the right of appeal the decision to the city council. Please immediately advise any errors or omissions. Sincerely, _.. h.� M t W. Kelly MWK/tas Enclosure cc: Synstehen KELLY LAW OFFICES Established 1948 MARK W. KELLY WILLIAM F. KELLY (1922-1995) August 19, 2020 7975 STONE CREEK DRIVE. SUITE 120 CHANHASSEN. MINNESOTA 55317 (952)474-5977 FAX 474-9575 kellylawoffices®aim.com Todd Gerhardt McKenzie Young -Walters City Manager Assistant Planner City of Chanhassen City of Chanhassen 7700 Market Boulevard 7700 Market Boulevard PO Box 147 PO Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 Re: Notice of Appeal of August 18, 2020 Planning Commission decision denying Synstelien appeal of the city denial of an Encroachment agreement and variances from the City's Prohibition on Locating Structures within Drainage and Utility Easements located at 6893 Highover Drive. Mr. Gerhardt and Mr. Young -Walters: I represent Joan and Larry Synstelien. On July 17, 2020 the Synsteliens appealed the City's 02/ 12/2020 Denial of an Encroachment Agreement for Retaining Walls and Variances from the City's Prohibition on Locating Structures within Drainage and Utility Easements located at 6893 Highover Drive. On August 18, 2020 the Planning Commission held a public hearing thereon and, at the conclusion thereof, did vote to deny the Synstelien appeal. Please be advised that Joan Synstelien and Larry Synstelien do hereby appeal the decision of the Chanhassen Planning Commission, taken August 18, 2020, denying their appeal of the city denial of an Encroachment agreement and variances from the City's Prohibition on Locating Structures within Drainage and Utility Easements located at 6893 Highover Drive. This appeal is made pursuant to city code and the public announcement, at the hearing, advising the right of appeal the decision to the city council. Please immediately advise any errors or omissions. Sincerely, Mark W. Kelly MWK/tas Enclosure cc: Synstelien .1 153 1 -_ V TC-Iml 1C=106119 I < I 10818° r m 7 1°914e _ (91-1 51 N 1 =1061 47 < _ _ 06202 119] A 4` 1 10-1 175 I V 106196 -I0111Al 06 • ,,75 ;' HIGHOVER TRAIL 7 et -1°6203 d 4 _ I 1062 106243 1061 IN I 3 .Da y° d 1 TC ° I al -1 40 106207 ar 106196 I° NgO0.37'17"1A' 10626fi 10I1 9Y d '] V TC -1062 99 1 SIDEWALK •.C2 1°6311 on 1 ,06189 R91►105253 I ° ° 1C-08330 111w105&63 w -• 1rn.,055.83 NE IIW-1051.33 N J 106303 Qlow me'TC-106313 Q y r- �cP 1064 d °d d ° 1064 _ 0631ww d 1 \`\�\ 1°6�- �_ C� 106530rW 1 �� _El—F 59 L ,06419 °/0 low 70TW V V / I t\ 1066 -__=_ C - M t0 I j 11 �� - Boulder Wall - ___ ° 106148 3 _ y ,"rt 4' ,{lee *�d° 1067 j _ ------------ ----- 1oss9erw —1065-- /o�� P N 18 X d _ 71 1068 rn� _ _ 1688 sew D R_5 o„ i ' 1069 x5Bw 1a66309w Ia6amew X 106946TW 1107°26Tw �� Him 50 989"MW V "W _ _l ]046Tw 1611 W - cns - - 10 / 16O9 ------i azo 69rw �i 6s �9 T 0AS / / X`oi° _- I 107119rw \E`/ O6enr / %I Planter Bed ' / / _i5Te43r . Boulder Wall / Fence SOL— Im2a6 mz 44 10 07210JQ 89 4 63 � 1073 berw mo 72rw 1\ / 106591 °6587 geTIP it 1071 1073 as / 1072 52 - ° 4 mz 96 1074 zz �- 1�os776rw ✓ 1 / TC -106617 10720 ° / Ion 4' d ton Bfi 10]2 76 ° I07170TW _ 10677" — / 1 ° 11 ° 10667]9 5` I / ` 10 1072 / 239 07251 10]2]4 II/A n / IMI/� x / / 107243 ° j9 ° d 1/ NO11 J 107443 I 759BW 1088538 1067 )BW I 'IA d 107250 '_I.A1 197420 o 4 / - / 0 4 /1 10IOfi]IBW 66 33911 / (YI / 107228 7248 ° 4 t0 _-- T 1a{ 2A g0 - 3g 03 11 99 C���CCC / 61072 FFE= 107495 /b %---'30'0- ° 107423 /j / 4A X\066 ° 3• �( d d eacdm 108803 XW= 00 O• 1069 74 =l ° / 3o�fA 106907 Tw 4 ° d roP or / / d ° / MCI(g� d ° SW�MtVY Below Deck F f Retainiang Wall 4 / d DRI4 d / a 689 x 100 d GFE LL J 75 cu-1oae 7z ° d � 107282 I 72m 37.80 emw d 4 ° wrw � N d 4 ° o ❑H / d d `0,,166 tom , 12.68 10m SI / " / ° _11 ° "2 99 9235 / IOTJn N 107233 O 107019 d 4 p9 '�� / d r 107474 O 1070 a] ° 1072 46 T O' ° 107.210 CO / 1071 21 071E 61 5 1071 7 W 07476 1073 1101001 Dek / 23j3G ion M / / 1073 mBW 66„3 Deck [�1v 71 5” MAP / 1072698W 1073 99T 1074 0T6011111 / Landscaping> 107276 1072 76 ]5 7415 0]473 107472 1072 Aim X`Ois - >� 107402BW \ -Retain'n Wall 74 mTW � DESCRIPTION OF PROPERTY SURVEYED Civi I S 1�� I( Lot 3, Block 3, Highover Addition, according to the recorded plat thereof, Carver County, MN G R O U P Survey Notes 4931 W. 35TH ST. SUITE 200 ST. LOUIS PARK, MN 55416 CivilSiteGroup.00m ` _ < 1. Bearings are based on the Carver County Coordinate System. 2. Site Address: 6893 Highover Drive, Chanhassen, MN 55317. 3. This property is contained in Zone X (area determined to be outside the 0.2% annual chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27005100058, effective date of July 2nd, 1979. 0*387 ar=1a3 8484 4. The Gross land area is 22,744+/- square feet or 0.522 +/- acres. �E— 5. Site Benchmarks: X-IM417 Rim of Sanitary Manhole located along centerline intersection of Highover Trail and Highover Drive, 45+/- 106424 feet northwest of iron pipe set at northwest lot corner of subject property having an elevation of 1,060.39 ° feet. 0 _ In 10645° 106465 d 6. We have not received an official zoning letter/report at the time of the survey. °O ° The current Zoningfor the subject property Is RSF (Single Family Residential District J P P Y� ( 9 Y )per the City of Tow 79 Chanhassen's zoning map dated July 24th, 2017. H - Please note that the general restrictions for the subject property may have been amended through a city \ process. We could be unaware of such amendments if they are not in a recorded document provided to us. We recommend that a zoning letter be obtained from the Zoning Administrator for the zN current restrictions for this site. 7. We have shown the location of utilities to the best of our ability based on observed evidence together with evidence from the following sources: plans obtained from utility companies, plans provided by client, markings by utility companies per GSOC ticket no. 181644855 and other appropriate sources. We have used this information to develop a view of the underground utilities for this site. However, lacking excavation, the p. exact location of underground features cannot be accurately, completely and reliably depicted. Where E additional or more detailed information is required, the client is advised that excavation may be necessary. c Also, please note that seasonal conditions may inhibit our ability to visibly observe all the utilities located on E the subject property. .'. CO �„ B. The names of the adjoining owners of the platted lands, as shown hereon, are based on information obtained from Carver County GIs Website. W Q 1065 93 9. This map and report was prepared without the benefit of a Title Commitment. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: Setbacks: Front Yard: 25 feet Side Yard: 10 feet ' r 166632 Rear Yard: 30 feet ■ M Cf 5 L 9'073 i t Q Z Z I HARD Cover Calculations Parcel ID: 253490130 rte- C = C 2443 HIGHOVER TRAIL 5 Lot Area: 22,744 SF L 4) N MELISSA CAPPIELLO-WARGIN — — — — — — — — J L _ — _ _ _ tl! N House Area: 3,246 SF t Q% 4 Driveway /Sidewalk Area: 2,288 SF % C C (NOT TO SCALE) Patio Area: 361 SF t C cc Sod Area:16,849 SIF �O �% 0 Being 5 feet in width and adjoining lot lines, unless otherwise indicated. Percent of Hard Cover: 25.92% i 4; (n m ■T� D � D i d41 0 J 0 100 Cq CID t0 Linetype & Symbol Legend vW SIGN ❑A AIR CONDITIONER Q UTILITY MANHOLE a CONCRETE SURFACE cr a ® (S) SANITARY MANHOLE BOLLARD PAVER SURFACE ® 10726 i g ELECTRIC MANHOLE I HEREBY CERTIFY THAT THIS PLAN, / 1073928W / ® STORM MANHOLE SPECIFICATION, OR REPORT WAS F0� \ 1073 asew /,. ~ 0— FLAG POLE BITUMINOUS SURFACE PREPARED BY ME OR UNDER MY DIRECT / Foy— 107294 \ - / ® CATCH BASIN SUPERVISION AND THAT I AM A DULY 10 / FO— I)ral ntl le to Solt connect T.5 \ FLARED END SECTION LICENSED LAND SURVEYOR UNDER THE / — FO \ `° gyp' ❑T TELEPHONE BOX 4 GRAVEL SURFACE LAWS OF THE ST MINNESOTA FO 070W o GAS VALVE H Fort p/[� \ ill Til,(: ()I �urh / / \ 0 LANDSCAPE ROCK / / \ T TELEPHONE MANHOLE 01 u ELECTRIC TRANSFORMER O4 T 1073 52 / \ •` s H / HANDICAP SYMBOL \ / \ X` ® TRAFFIC SIGNAL 1HYDRANT \ NSTELIEN � 1 \ Garden Wall J // HGH POINT 107491 © WATER MANHOLE FO— FIBER OPTIC / \ ,0 770 GAS GASMAN DATE 9-7R--20018 RY L S CENSE NO. 44565 © CABLE TV BOX WATERMAIN Ims 7eew 1077 B0ew / � M ® ELECTRICAL METER WATER VALVE % \ Garden W ayf % X U- POWER POLE » STORM SEWER _ 'wr '. V•�_. / / \ `' > SANITARY SEWER VICINITY MAP Slow-© GAS METER �---:4+11f; 1�. 1072e29w lon9z9w / 12" MAP / GUY WIRE SITE To)461SW\ O Ion 7®w \ ' , • FOUND IRON MONUMENT oHu OVERHEAD UTILITIES 0 CONIFEROUS TREE ' 1074 e6Tw 1074 enw \ i O SET IRON MONUMENT TEL TELEPHONE LINE . i ``� / - X ® CAST IRON MONUMENT ELE ELECTRIC LINE )� - l Trp' ? �x_ Drainage & Utility --- CDR I / / DECIDUOUS TREE �/ Ri1r1073.00-� ```��� / / X SPOT GROUND ELEVATION " ' cry CABLE LINE « I- - ° Easement � / � Drainage 8 Utility _ ��1., CDR � � \ / ion 9s3w >.� --Boulder Wall_ / i 'an33 � Easement 11 1 073.03 --� / S 10]4 e2Tw 10n999w I�]4 mrw � _ i + }} —x CHANLINK FENCELINE '`wro ". „�; s ten �,a•^�C allit,, � ,�1 1073 WON ion Sae \ ''/ List of Encroachment ----------- MISCKEYSTONELANRETAINING ALL `4 ` �� Rw1=107266 / IT] 1074 ezrw / �i' / 'A. Boulder Garden Wall —o—o IRON FENCE I 1074 32r� ,, B. Boulder Garden Wall (pre-existing) jS1 OS Ri�o-,9ns7 - - \ \ X % , / ; C. Boulder Garden Wall (pre-existing) R�io-107215 101" r $ ; D. Boulder Garden Wall (pre-existing) N / 1 1 I 1 ° ; I E. Fence (future) WR --40 Ri1r107231 F. Modular Block Retaining Wall 10 5 0 5 to 20 �] / Parcel ID: 253490130----- --�' G. Deck 6903 HIGHOVER DR ---___ ,o1.O' SCALE IN FEET H. Draintile to Street TIMOTHY M & MARINA BLOCK X 1. Modular Block Garden Wall 1 inch = 10 feet J. Modular Block Garden Wall Ant, Parcel ID: 253490210 \ q f ��•� Sy >�C>-L���'' 6926 HIGHOVER COURT NORTH / ANGELA JEAN LURIE REVISION SUMMARY BOUNDARY TOPO SURVEY V1 no YRIGHT 2018 CIVIL SITE GROUP INC. APPEAL TO THE BOARD OF APPEALS AND ADJUSTMENTS CITY OF CHANHASSEN, MINNESOTA RE: 6893 Highover Drive, Chanhassen, MN 55317 Encroachment Agreement Partial Denial APPELLANTS: Joan and Larry Synstelien, owners of 6893 Highover Drive, Chanhassen, Minnesota 55317, (hereinafter "Synstelien Family".) COMES NOW, Appellants Joan and Larry Synstelien acting pursuant to Mn. Stat. §462.357, Subd. 6, which provides for appeal to the city of Chanhassen Board of Appeals and Adjustments by a person affected by compliance with conditions imposed by the Municipal Zoning ADMINISTRATIVE DECISIONS IN ERROR HEREBY APPEALED: Administrative Decision Appealed: Decision by City of Chanhassen Administrative Officer Charles J. Howley, PE, LEED AP, Director of Public Works/City Engineering, by letter of February 12, 2020 Re: 6893 Highover Drive Encroachment Agreement for various areas of 6893 Highover Drive. Therein, the Synstelien Family's Application for an Encroachment Agreement was approved in part and denied in park Specifically, the following items in Synstelien's Encroachment Agreement Application were'denied: #1. Item "F" (Block Wall), and #2. Item "I" (Portion of Block Wall Within Easement Area), (Modular Block Garden Wall) (See Exhibit "A".) it 1— Item "F" Block Wall) M*NSD Mr. Howley's 02/12/2020 denial of an Encroachment Agreement for Item "F" (Block Wall) does not state a reason for the denial. The city's 02/19/2020 Residential Permit/Survey Routing Form, Engineering section, prepared in relation to this wall states as follows: "Wall in D + U ESMT. Needs to be moved out of D + U ESMT. Label top + bottom of walls including all elevation changes. Design does not address walls over 4' or staged walls nearby. Design is visual only not Eng. Certificate of wall construction or operation."* (Emphasis added.) (See Exhibit "B".) * [The foregoing reference to walls over 4' and their construction fails to acknowledge that any issue related thereto between the city and Applicants Synstelien was resolved last November after submission of a Civil Engineer's report verifying that the on-site walls over 4' were built to code, and that this no longer an issue.] #2 - Item "I" (Portion of Block Wall Within Easement Area Mr. Howley's 02/12/2020 denial of an Encroachment Agreement for Item "I" (Portion of Block Wall) does not state a reason for the denial. It only states: "wall will need to be removed." The city's 02/19/2020 Residential Permit/Survey Routine Form, Engineering section, prepared in relation to this wall states as follows: "Wall must be removed from D + U ESMT. @ Area regraded to keep overland flow in D + U easement on property. Will need encroachment for all walls allowed to remain in D + U ESMT areas. (See Exhibit "C".) SCOPE OF REVIEW The Chanhassen Board of Appeals and Adjustments has the power: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an Administrative Officer in the enforcement of the Zoning Ordinance; and (2) To hear requests for variances from the requirements of the Zoning Ordinance including restrictions placed on non -conformities. REQUESTED RELIEF and VARIANCE The Synstelien Family appeals the above decisions of the Director of Public Works/City Engineer Howley, and requests the Chanhassen Board of Appeals and Adjustments: (1) overrule the above-described Administrator decisions as an error, and/or (2) grant, as needed, variances to applicable code to permit the walls at issue to remain in place, as built, and support inclusion of said walls in the Appellants' requested Encroachment Agreement. DISCUSSION - Item "F" Block Wall) Item 'IF" (Block Wall) is a retaining wall, built of common sand colored landscaping blocks, used throughout the Synstelien property and neighborhood, holding back the soil on the East side of the Appellants' home. It was built, by contractor, in conjunction with an excavation of the east side yard to add a basement walkout ingress and egress door, and deck built under approved Building Permit. The Block Wall, immediately east of the easterly footings of the new deck, encroaches approximately I foot into the City's 10 -foot deep Drainage (9 foot from the property line) and Utility Easement. The location of the wall was determined by the third- party contractor, and not the Synstelien Family. The neighborhood is fully developed. All needed utility services are in place. Sewer and water service are in the street. There are no utilities located in the east Drainage and Utility Easement, or impacted, or obstructed in the construction of the Block Wall. When the 10 -foot Drainage and Utility Easement upon the residential property to the East is taken into consideration, in total the city has at least 19 feet of unobstructed easement between these homes. In the remote possibility that the Block Wall might, at a future date, become an obstruction, the Synstelien's understand the wall is subject to removal by the city, which is reasonable and acceptable to the Synstelien Family. This Block Wall is essential to the functionality and serviceability of the newly installed East walkout door, an emergency exit zone, along with the newly built deck and should not be required to be demolished. The wall shields visual site line of the underdeck from view, hence, increasing visual appeal and security. The present demand that the Block Wall be demolished and removed from the easement, when an encroachment agreement providing for future removal - as needed, if needed — can resolve the issue, is per se unreasonable. Demolition of the wall is not dictated by city code, especially when code provides for encroachment agreements. Any conflict with city code can be answered by the grant of a variance. Failure to over -rule the administrative decision at issue, and grant the needed variance, will unjustifiably and unduly penalize the Synstelien Family and adversely impact the surrounding neighbors through the need for heavy equipment, lawn removal, side walk impediment, and noise - terrible inconvenience and disruption of their reasonable enjoyment of their property and incursion of considerable, needless expense When the Synstelien family relied upon its contractor to plan and execute the east side yard walkout improvement, they never knew or understood the Block Wall would be improperly located by the third -party contractor in the city easement. Nor did he know that an Encroachment Agreement, to answer staff objections as to its placement, would be arbitrarily denied. The final location of the encroaching Block Wall was made by the Applicant Synsteliens' contractor, not the Synstelien Family. The City inspected the Deck and Grading several times during the construction process and at no time issued a stop work order on the wall due to its positioning. Only several months after the end of the construction and completion of the project was an issue raised of the need for a possible encroachment agreement. The City approved the encroachment of the drain tile. The wall makes less of an impact to the easement than the drain tile. The Synstelien Family respectfully submits that the Administrative Officer's decision in that Item' F" (Block Wall) must be removed, and it cannot be granted permission to remain in place under an Encroachment Agreement. City Code Section 20-908 Yard Regulations, 4 Paragraph (6) provides: "... retaining wall... and other encroachments may be allowed within an easement with an Encroachment Agreement if they do not alter the intended use of the easement and at the discretion of the community development director or designee. The Administrative Officer's decision denying an Encroachment Agreement for Item "F" (Block Wall) unreasonable. The Board of Adjustments should determine that the determination was unreasonable in that an Encroachment Agreement for the Synstelien Family property should include Item "F". Variances are permitted under the practical difficulty standard of M.S. §462.357, Subd. 6. The Synsteliens meet that standard hereon. Reasonable Manner of Use Appellants Synsteliens' planned manner of use of his residential property — a sidewalk out employing the retaining wall as located (above described) - is a reasonable manner of use of a residential property in the applicable residential zone. Item "I"' Block Wall is below the easement grade. With only 1-2 feet visible from the Synstelien house under the Synstelien's deck, it makes no noticeable visual presence and does not adversely impact the quiet and peaceful use and enjoyment of adjacent residential properties. In fact, it enhances the neighbors view by shielding the area below deck from view. This also provides enhance security to the property by shielding view of the egress door. The wall's location 9 feet back from the lot line, and 29 feet West of residence to the East, makes no impact on the adjacent property. Plight of the Appellants The plight of Appellants Synstelien was created by their third -party contractor. The Appellants did not know, approve, or request the wall would be built one foot into the city easement. Mr. and Mrs. Synstelien have no training or experience as builder or surveyor. Their plight is not of their own making. Rather, it is the product of design and construction decisions by a third -party contractor relied upon to design, locate, and construct the East basement walk -out and overlying deck. No Impact on Essential Character of the Area The variance if granted, will not change the essential character of the locality. This is because, as noted, the Block Wall is below grade and not visible from the street. The wall sits parallel and below the new deck. Consequently, the wall is subordinate thereto and does not appear as a separate structure and blends even with the grass line.. Lastly, built of standard landscaping blocks, commonly in use, and matching blocks used elsewhere upon the Synstelien property, the wall blends in, and is not of an objectional character. DISCUSSION — Item "I" (Portion of Block Wall Within Easement Area) (Modular Block Garden Wall) Item "I" (Portion of Block Wall Within Easement Area) is a modular block garden wall built of common sand -colored landscaping block which defines the line between sod and gardens on the south portion of the Appellant's lot. This wall was built by a contractor in conjunction with a regrading of the Synstelien yard and the installation of an in -ground French drain. The most southerly tip of the modular block garden wall incidentally encroaches upon the City's Drainage and Utility Easement along the south line of the Synstelien lot. This encroachment was not objected to by the Administrative Officer and will be permitted under the requested Encroachment Agreement. The most easterly tip of the modular block garden wall encroaches on the easterly Drainage and Utility Easement. The newly installed French drain, in the Easterly Drainage and Utility Easement, collects water which inundates the Synstelien property on a regular basis from water draining from the north. The French drain directs the water underground to a soft connect in the public street. Prior to the regrading of the lot water reaching the Synstelien lot drained onto the property to the east. This was an existing condition not created by Synstelien. (See Exhibit "D"). With the regrading of the Lot and new French Drain, water reaching the Synstelien property from the South — originally destined for the property to the East — is now drained underground to the street and is greatly reduced and is not significant. The Synstelien's request to include the Easterly terminus of the modular block garden wall under Encroachment Agreement, is necessary to avoid demolition and regrading of the Synstelien lot one more time. The Synstelien family relied upon a contractor for grading and install of the garden wall and was not aware, did not request, or approved the installation of the wall within the east Drainage and Utility Easement. The Synstelien family respectfully submits that the Administrative Officer's decision that Item "I" (Portion of Block Wall Within Easement Area) be removed and not granted permission to remain in place under an Encroachment Agreement is unreasonable and unnecessarily punitive to the Synsteliens and to surrounding neighbors who would unnecessarily have endure construction vehicles, noise and sod removal and replacement.. The City Code allows Encroachment Agreements for retaining walls that do not alter the intended use of the City Drainage and Utility Easement (20-908(6)). The easterly garden wall terminus does not alter the use of the City's easement. The denial of an Encroachment Agreement hereon was arbitrary, capricious and punitive. An Encroachment Agreement is reasonable under the circumstances and should be granted. The Synstelien family requests the City Board of Appeals and Adjustments overrule the Administrative Officer's decision regarding Item "I" (Portion of Block Wall Within Easement Area) and, as needed, grant Applicant Synstelien a variance. Variances are permitted under the practical difficulty standard of M.S. §462.357, Subd. 6. Reasonable Manner of Use Appellants Synsteliens' planned manner of use of his residential property — a decorative garden wall as located (above described) - is a reasonable manner of use of a residential property in the applicable residential zone. The Block Wall is no more than 14" above grade, decreasing to no more than 6" above grade on the easterly tip. With minimal block wall visible above grade, and primarily visible from the Synstelien's backyard porch it makes no noticeable visual presence and does not adversely impact the quiet and peaceful use and enjoyment of adjacent residential properties. In light of the new French drain, the wall's easterly terminus, as built, makes no measurable adverse impact on the property to the East. Plight of the Appellants The plight of Appellants Synstelien was created by his third -party contractor. The Appellants did not know the wall would be built in the City Drainage and Utility Easement. Mr. and Mrs. Synstelien have no training or experience as builder or surveyor. Their plight is not of their own making. Rather, it is the product of design and construction decisions by a third - party contractor relied upon to design, locate, in the construction of the garden wall. No Impact on Essential Character of the Area No Impact on EssentialCharacter cifthe Area The variance if granted, will not change the essential character of the locality. This is because it is a common landscaping amenity, largely below gradee and not visible where the grade drops and more wall blocks are exposed. The garden wall is subordinate to all other lot structures. Built of standard landscaping blocks, commonly in use, and snatching blocks used elsewhere upon the Synstelien property, the virall blends in, and is not of mi objectional architectural character. �LOISCLUSIQN Appellants Synstelien requests that the City's Board of Appeals and Adjustments recognize that the genuine practical difficulties being imposed upon the Synstelien Family by the unreasonable and unfair demand that they now demolish the an existing Item "F" Block Wali and Item "1" the easterly terminus of the garden wall and that the family should not bear the burden associated with reb0ding a retaining wal is and re -landscaping the back yard. The demand that the walls be demolished is unreasonable as it denies the Synstelien Family the reasonable use of their property and imposes undue expenses that are punitive in nature. The city can accommodate its needs and accommodate the Synstelien Family by simply agreeing to include the two walls in the requested Encroachment Aureemznt. In the unlikely event that the city ever has need to enter the Drainage and Wity casement, and remove same, it may do so lawfully. Dated: 'Q APPUL.ANTS SYNSTELIEN For reference a copy of the 09/07/18 Synstelien Lot survey is attached as Exhibit "E". February 12, 2020 CITE OF CHANHASSEN Chanhassen is a Community for Life - providing for Today and Planning for Tomorrow Larry Synstelien 6893 Highover Drive Chanhassen, MN 55317 RE: We have internally reviewed the submitted plan requesting encroachment agreements for various areas at 6893 Highover Drive. Dear Mr. Synstetien: After reviewing the survey dated 3/19/19 that was submitted as part of your request to have multiple improvements on your property be allowed to stay in-place, we will support granting encroachments for the improvements in the areas labeled "A, B, C, D, G, H & J". We would like to note that these areas were constructed without permits and do encroach in drainage and utility easement areas. Item "E" (the future fence) which has not been constructed will require a building fence permit and separate encroachment agreement showing the location on a full size survey meeting all the requirements for fences in Chanhassen. Item "F" (block wall) is denied and will need to be removed. Item "P' (portion of block wall within the easement area) is denied and will need to be removed. This area wfll also need to be grading to direct drainage within the easement and not onto the neighboring property. The drainage inlets and drain tile located along the southerly lot line needs more information shown on the survey showing piping runs and sizes. The area within the easement will need to be regraded to not adversely shed water onto the neighboring property. Sincelpiy �/ X-'O� Charles J. Howley, PE, LEED AP Director of Public Works/City Engineer c: Steve Ferraro, Construction Manager, Engineer Tecb IV "•��BI �' Steve Lenz, Engineering Technician III PH 952.227.1100 • www.ci.chanhassen.mmus • FX 952.227.1110 T700 MARKET BOULEVARD - PO BOX 147 • CHANHASSEN • MINNESOTA SSSI/ Kr-blUENTIAL Address: � hlg46VC/ L3 83 Permit for: Home Addition Other Explain: VEY ROUTING FORM Deck , Detached Structure S_ i) rt d q r Permit No. a(J G Date Received Route Permits/Surveys in the following order, note any changes you require and fonvard to next department. Engineering will order new surveys as requested and route for approvals in reverse order. .�npuon, building footprint, building type matches survey (walkout, lookout, etc? Approved QY r N Date: Z 114 2 z,3 By: E Required corrections: Revised survey/plans approved Y / N tree preservation, wetlands, Approved Y,>N Date: Z-l9-zc 2.v Date: By: zone, height, surface area, l By: Required corrections: EA n eeW f,/ avca 4 "it id kx,We U -d utllily eare;aclrt- Revised survey/plans approved Y / N Date: By: Finance Approved Y / N Date: By: Engineering Elevation, building type, grading/drainage casements. Approved Y/(D Dater 1J7,0 By: 5KLZ``��� pe m d corr ctions: ln�aj j vl D4-0 £S� t�Cfg3 �6 A Cltt� p 07 Q F— 1 -')4 -LJ Gabel Te Aesigct toes CLdess rnkt; otet- y t ar s g teu!(S nearby, rxs.gh %s u,sux/ a ly wot. LIa� Y;'c��`s�a co- `¢,art 111-"0641 Revised survey/plans approved Y / N Date: By: Water Resources Erosion Control Approved (1IN Date: By: Required corrections: EXHIBM��_ ,w b.�.h, 4roMlpmE;pevtip� COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF C� NSEN Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: July 23, 2020 August 6, 2020 July 17, 2020 Contact: Contact Phone: Contact Email: MacKenzie Young -Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Associate Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: August 18, 2020 at 7:00 p.m. September 14, 2020 at 7:00 p.m. September 15, 2020 Application: Consider an appeal of the city's denial of an Encroachment Agreement for retaining walls within Drainage and Utility Easements and variances from the city's prohibition on locating structures within Drainage and Utility Easements for a property located at 6893 Hi hover Drive. Zoned Single -Family Residential District (RSF). Planning Case: 2020-15 1 Web Page: www.ci.chanhassen.mn.us/2020-15 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: E Attorney ❑ Army Corps of Engineers ❑ Chaska E Building Official ❑ US Fish & Wildlife ❑ Eden Prairie E Engineer ❑ Jackson Township E Fire Marshal Watershed Districts: ❑ Minnetonka E Forester ❑ Shorewood E Park Director ❑ Carver County WMO ❑ Victoria E Water Resources ❑ Lower MN River ❑ Law Enforcement ❑ Minnehaha Creek Adjacent Counties: E Riley -Purgatory -Bluff Creek Carver County Agencies: E] HennepinUtilities: ❑ Scott ❑ Community Development ❑ Engineer ❑ Cable TV — Mediacom School Districts: ❑ Environmental Services ❑ Electric—Minnesota Valley ❑ Historical Society ❑ Electric —Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ElBoard of Water & Soil Resources Authority ElEl Health MN Landscape Arboretum ❑ Historical Society ❑ SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation Pt. COMMUNrtV WJMOPMW OEPARTMDIT ,lam,{'m`'fry'r (/�/'���''''(({({�1�� AA��(r\,`\1t'CCj�re.j.'�A��j* Maung doremn -7700 Markel Boulevard "" ' 0 L/LJVLii Mailing Adores* - P.O. Box 147, CAenheasen, MN 55317 Phone (952) 22 7-1 300 1 Fax: (952) 227-1 110 APPLICATION FOR DEVELOPUM REVIEW one, 7 1 l -7 l a p�od.'�I I e� or 91 1 OftsasYeosaa` I s I av MAWIL n* mpprop"Apacdyn Chord t leris smw N&OWuemeaar maw e= w,osny mar appknuxy ❑ Comp Mends Plan Amentlmwg..... ............. ..... 5600 ❑ Subdlvk on (BUS; G fAmor MUSH ane br ial5nq cis Wm **yore .... f 100 Crew 3 tots or less _ ............ ...............5300 ❑ Condtorwi use Pecmtt (CUP1 Croeta over 3 iota .................. 1800 + S1S per W Ids M oil amly Re*iderice .....»..... .._......» ...1325 t_ ) n Melva i Botsida 14 left) ........ All Ott xa.............. _ _............................,..... f425 U Cortaohdate Lots.......... .. i1 S0 L Interim Use Permit (IuP)Q Ld Jm Adjueenent............................... ..... .. $150 11 In conjunction with ShgWFwy* ReCdence.. $325 [ Fin1I Plel ..........................................................1700 ❑ All Others .............. 5425 (includes 1450 escrow for aticrney cow)- .............. *AdM W nam mry be r%Wk*d 1 r aiiev VftW a 0 Reax q (REZ) UaOii*ti to devolamlirt roe'*CI. ❑ Planned Une Develarm«rt (PUO) _..»_»._...1750 ❑ vacation of FaaemeritdRiyfit oFvrNy (VAC)........ 5300 ❑ Minor Amendment b ardatlng PUD_ » .1100 0*00" Iaw9 eNm rmr *ppm C1 All Otners ...... ....................... ...»». »..1500 � • Variance (VAR) ............ ..... _.__.................L... S20o C) Sign Plan Review ...... .................. »..... .... .......... 1150 ❑ Wetland Alteration Perm ft (WAP) ❑ Sea Pier Review (SPR) Singh-Famiy Waldens ............. _... ............ $150 � Admimdr@ A.._ ............... .................. ........... _1100 All Others ... ..... ........ .......... _....... .._......... ..._.1275 G Conn+wosYMlduat+a4Dictftle'............ - ........ SSW �l Zoning ApVeal..........»....... ..._......._._.. 3100 Plea 110 per 1,000 swAme tee! of bull ft sae •••• Moumand*Were feat) '7 Zoning Ordinance Arnamir M(ZOA)...- _. SSW 'Yx►Mm runs* c! lih*ba aarpiurmms nra�am rumew d r� sno'aym.. Li ReWerMN Districts........................................1600 Ba. vvn** a*.iapm appscrtwm all Proraeme 4armarea+r, Pius $6 Per dwelling unt (_ unes) Via EWMpMs tr Sbd beaeryw en Omar Wpecasw ® NOWANMAWfamgaenusM+wq....... _........ ..............._........................._........... _. ....................�i ® Property Owners List wNf, 500' (04 a 0�� der sreaM*�ra.rerl .- ........... ..» . � Z.� .._.13 PK addrses 4L Escrow for Recoding Documents (Check all that VPy).......... ....................... I... ...... ....................._ r document Condreonal um Permit �(�ft%bo6m Use Permit ❑ 8Ma PN YI mann Vacation �u, Varm.1ce❑❑ lAYefidA ttroon P" Metes d Sounds Subdivision (3 docs.) C1ts (_ moments) ❑ OeedN TOTAL FEE: $673.00 Oascriptlon or PMPOW Property Address or Location Parplt 253490120 L,egalDmsc;"oW:Lot 3, Block 3, Highover Total Acra;WZ7.7nn BG,.fr_ Wetlands Pftmnt7 ❑ vee ® No PresentZonlrq: SSW One RSF feagiiested Zoning Select One RBF Present Land Lie Designation: Sekd One RSF Rrquesemd Land Jae tDesgnatiom Select One FxmtngU3eofproD6rjyR9F Single Family Residential 70CNdc bum or *operate naffed is aracned APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1. as applicant, represent to have obtarad aUhodzation from the property owner to file this applicatlon, I agree to be bound by Conditions of approval, subtect only to the right to object at the hearings on the application br during the appeal period. If this applkatlon has not been signed by the property owner, - have attached separate doamertabon of full legal cspaci!y to file the application. This eppucat" should be processed in my name end I am the party whom the City should Dented regarding any matter per. -Ming to this aPPIk"ll. I wA keep myself informed oft" deadsltee for suionjj sbn or instant anti the Progress or this application. i further understand that additional fees may be charged for consulting fees, fOMObNky studies, etcwith an estimate prior to any authorization to proceed with the study. I asrtify that the information and exhibits submitted are true and corned. Name Contact Address Phone'. _ CHy/Stabzp — Cay. _ --- emai': _ __-- Fax Signature Date, — --- PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do• authonze the hang of this appncaticn. I understand that condRions of approval are binding and agree to be bound by those 9orhdiune subJed only t'e ihte.r phr m obpct at me aeadopa «,druing tae aPP� periods, ! call beep myshae intormed of the deadlines for submwior of material and the progress Of this application. I further understand that additional fees may be charged for Consulting fees, feasibility studies, etc with or estimate prier to any authonzaton to proceed wgh hese study. 1 cer* that the inforrnation and e+mibns submitted are true and coned. Norm Joan Synstelien/Larry Syrhstelien Contact:_____ Address _ 6893 Highover Drive Phone. Citty/Stasial Chanhassen, MN 55317 Cay: 952_913_13679 _ Emag: JW.SZRBte a11.COM Fax None - Sgnstun Date 5a� This application must Ce cornptated in full and must be acr~mpanied by ai :nfornatlon and plans required ty applicable City Ordinance proWaior9. Before filing this appicatiion, refer to the appropriate Appiicobor Checklist and confer with the Planning Department to detemtine the specific Ordinance and applicable proew wa1 u ffqui emeM3 and fess ! A daterminadon of completanees of the application shall be made within 15 business days of application submittal. A 1 wntlen notIce of mon deficiencies shag be mailed to the applicant within 15 bust non days of application —. PROJECT ENGWEER (itappacabb) Name: Contact. IAddress' _ � Phone. — ---- Clty/Statelzip C84: _ Email_.,_ Fax:,. Who should rocalNa doples of staff repoffa7 *09m Colftet IrlAonnatlon: ( — j Property Owrw W: r Emall U Mailed Paper Copy Name: ❑ Applicant Vie Emaii ❑ Mailed Paper Copy Address Engineer Vie: Emaa ❑ Melted Paper Copy City/Stat&Zip. -- _ Other* Vie: 0 Erman ❑ Malled Paper Copy tames: fNSTRUCT14„(}js TO APPLICANT: Complete all necessary form fields. then sated SAVE FORM to Bova a copy to your dev�oe. PRINT FORM and deliver to city along with required documents and payment. 9UBMIT FORM to send a digital COPY to the city for ProcessingaAv! raw rani roar auerrr Forw-. APPEAL TO THE BOARD OF APPEALS AND ADJUSTMENTS CITY OF CHANHASSEN, MINNESOTA RE: 6893 Highover Drive, Chanhassen, MN 55317 Encroachment Agreement Partial Denial APPELLANTS: Joan and Larry Synstelien, owners of 6893 Highover Drive, Chanhassen, Minnesota 55317, (hereinafter "Synstelien Family".) COMES NOW, Appellants Joan and Larry Synstelien acting pursuant to Mn. Stat. §462.357, Subd. 6, which provides for appeal to the city of Chanhassen Board of Appeals and Adjustments by a person affected by compliance with conditions imposed by the Municipal Zoning Ordinance. ADMINISTRATIVE DECISIONS IN ERROR HEREBY APPEALED: Administrative Decision Appealed: Decision by City of Chanhassen Administrative Officer Charles J. Howley, PE, LEED AP, Director of Public Works/City Engineering, by letter of February 12, 2020 Re: 6893 Highover Drive Encroachment Agreement for various areas of 6893 Highover Drive. Therein, the Synstelien Family's Application for an Encroachment Agreement was approved in part and denied in part. Specifically, the following items in Synstelien's Encroachment Agreement Application were'denied: #1. Item "F" (Block Wall), and #2. Item "I" (Portion of Block Wall Within Easement Area), (Modular Block Garden Wall) (See Exhibit "A".) #1 —Item "I"' (Block Wall) MANNED Mr. Howley's 02/12/2020 denial of an Encroachment Agreement for Item "F" (Block Wall) does not state a reason for the denial. The city's 02/19/2020 Residential Permit/Survey Routine Form, Engineering section, prepared in relation to this wall states as follows: "Wall in D + UESMT. Needs to be moved out of D + U ESMT. Label top + bottom of walls including all elevation changes. Design does not address walls over 4' or staged walls nearby. Design is visual only not Eng. Certificate of wall construction or operation."* (Emphasis added.) (See Exhibit "B".) • [The foregoing reference to walls over 4' and their construction fails to acknowledge that any issue related thereto between the city and Applicants Synstelien was resolved last November after submission of a Civil Engineer's report verifying that the on-site walls over 4' were built to code, and that this no longer an issue.] #2 - Item "I" (Portion of Block Wall Within Easement Area Mr. Howley's 02/12/2020 denial of an Encroachment Agreement for Item "I" (Portion of Block Wali) does not state a reason for the denial. It only states: "wall will need to be removed." The city's 02/19/2020 Residential Permit/Survey Routing Form, Engineering section, prepared in relation to this wall states as follows: "Wall must be removed from D + U ESMT. @ Area regraded to keep overland flow in D + U easement on property. Will need encroachment for all walls allowed to remain in D + U ESMT areas. (See Exhibit "C".) SCOPE OF REVIEW The Chanhassen Board of Appeals and Adjustments has the power: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an Administrative Officer in the enforcement of the Zoning Ordinance; and (2) To hear requests for variances from the requirements of the Zoning Ordinance including restrictions placed on non -conformities. REQUESTED RELIEF and VARIANCE The Synstelien Family appeals the above decisions of the Director of Public Works/City Engineer Howley, and requests the Chanhassen Board of Appeals and Adjustments: (1) overrule the above-described Administrator decisions as an error, and/or (2) grant, as needed, variances to applicable code to permit the walls at issue to remain in place, as built, and support inclusion of said walls in the Appellants' requested Encroachment Agreement. DISCUSSION - Item "F" Block Wall) Item "F" (Block Wall) is a retaining wall, built of common sand colored landscaping blocks, used throughout the Synstelien property and neighborhood, holding back the soil on the East side of the Appellants' home. It was built, by contractor, in conjunction with an excavation of the east side yard to add a basement walkout ingress and egress door, and deck built under approved Building Permit. The Block Wall, immediately east of the easterly footings of the new deck, encroaches approximately 1 foot into the City's 10 -foot deep Drainage (9 foot from the property line) and Utility Easement. The location of the wall was determined by the third- party contractor, and not the Synstelien Family. The neighborhood is fully developed. All needed utility services are in place. Sewer and water service are in the street. There are no utilities located in the east Drainage and Utility Easement, or impacted, or obstructed in the construction of the Block Wall. When the 10 -foot Drainage and Utility Easement upon the residential property to the East is taken into consideration, in total the city has at least 19 feet of unobstructed easement between these homes. In the remote possibility that the Block Wall might, at a future date, become an obstruction, the Synstelien's understand the wall is subject to removal by the city, which is reasonable and acceptable to the Synstelien Family. This Block Wall is essential to the functionality and serviceability of the newly installed East walkout door, an emergency exit zone, along with the newly built deck and should not be required to be demolished. The wall shields visual site line of the underdeck from view, hence, increasing visual appeal and security. The present demand that the Block Wall be demolished and removed from the easement, when an encroachment agreement providing for future removal - as needed, if needed — can resolve the issue, is per se unreasonable. Demolition of the wall is not dictated by city code, especially when code provides for encroachment agreements. Any conflict with city code can be answered by the grant of a variance. Failure to over -rule the administrative decision at issue, and grant the needed variance, will unjustifiably and unduly penalize the Synstelien Family and adversely impact the surrounding neighbors through the need for heavy equipment, lawn removal, side walk impediment, and noise - terrible inconvenience and disruption of their reasonable enjoyment of their property and incursion of considerable, needless expense When the Synstelien family relied upon its contractor to plan and execute the east side yard walkout improvement, they never knew or understood the Block Wall would be improperly located by the third -party contractor in the city easement. Nor did he know that an Encroachment Agreement, to answer staff objections as to its placement, would be arbitrarily denied. The final location of the encroaching Block Wall was made by the Applicant Synsteliens' contractor, not the Synstelien Family. The City inspected the Deck and Grading several times during the construction process and at no time issued a stop work order on the wall due to its positioning. Only several months after the end of the construction and completion of the project was an issue raised of the need for a possible encroachment agreement. The City approved the encroachment of the drain tile. The wall makes less of an impact to the easement than the drain tile. The Synstelien Family respectfully submits that the Administrative Officer's decision in that Item "F" (Block Wall) must be removed, and it cannot be granted permission to remain in place under an Encroachment Agreement. City Code Section 20-908 Yard Rezdations, Paragraph (6) provides: "... retaining wall... and other encroachments may be allowed within an easement with an Encroachment Agreement if they do not alter the intended use of the easement and at the discretion of the community development director or designee. The Administrative Officer's decision denying an Encroachment Agreement for Item' F" (Block Wall) unreasonable. The Board of Adjustments should determine that the determination was unreasonable in that an Encroachment Agreement for the Synstelien Family property should include Item "F". Variances are permitted under the practical difficulty standard of M.S. §462.357, Subd. 6. The Synsteliens meet that standard hereon. Reasonable Manner of Use Appellants Synsteliens' planned manner of use of his residential property — a sidewalk out employing the retaining wall as located (above described) - is a reasonable manner of use of a residential property in the applicable residential zone. Item "F" Block Wall is below the easement grade. With only 1-2 feet visible from the Synstelien house under the Synstelien's deck, it makes no noticeable visual presence and does not adversely impact the quiet and peaceful use and enjoyment of adjacent residential properties. In fact, it enhances the neighbors view by shielding the area below deck from view. This also provides enhance security to the property by shielding view of the egress door. The wall's location 9 feet back from the lot line, and 29 feet West of residence to the East, makes no impact on the adjacent property. Plight of the Appellants The plight of Appellants Synstelien was created by their third -parry contractor. The Appellants did not know, approve, or request the wail would be built one foot into the city easement. Mr. and Mrs. Synstelien have no training or experience as builder or surveyor. Their plight is not of their own making. Rather, it is the product of design and construction decisions by a third -parry contractor relied upon to design, locate, and construct the East basement walk -out and overlying deck. No Impact on Essential Character of the Area The variance if granted, will not change the essential character of the locality. This is because, as noted, the Block Wall is below grade and not visible from the street. The wall sits parallel and below the new deck. Consequently, the wall is subordinate thereto and does not appear as a separate structure and blends even with the grass line.. Lastly, built of standard landscaping blocks, commonly in use, and matching blocks used elsewhere upon the Synstelien property, the wall blends in, and is not of an objectional character. DISCUSSION — Item "I" (Portion of Block Wall Within Easement Area) (Modular Block Garden Wall) Item "I" (Portion of Block Wall Within Easement Area) is a modular block garden wall built of common sand -colored landscaping block which defines the line between sod and gardens on the south portion of the Appellant's lot. This wall was built by a contractor in conjunction with a regrading of the Synstelien yard and the installation of an in -ground French drain. The most southerly tip of the modular block garden wall incidentally encroaches upon the City's Drainage and Utility Easement along the south line of the Synstelien lot. This encroachment was not objected to by the Administrative Officer and will be permitted under the requested Encroachment Agreement. The most easterly tip of the modular block garden wall encroaches on the easterly Drainage and Utility Easement. The newly installed French drain, in the Easterly Drainage and Utility Easement, collects water which inundates the Synstelien property on a regular basis from water draining from the north. The French drain directs the water underground to a soft connect in the public street. Prior to the regrading of the lot water reaching the Synstelien lot drained onto the property to the east. This was an existing condition not created by Synstelien. (See Exhibit "D"). With the regrading of the Lot and new French Drain, water reaching the Synstelien property from the South — originally destined for the property to the East — is now drained underground to the street and is greatly reduced and is not significant. The Synstelien's request to include the Easterly terminus of the modular block garden wall under Encroachment Agreement, is necessary to avoid demolition and regrading of the Synstelien lot one more time. The Synstelien family relied upon a contractor for grading and install of the garden wall and was not aware, did not request, or approved the installation of the wall within the east Drainage and Utility Easement. The Synstelien family respectfully submits that the Administrative Officer's decision that Item "I" (Portion of Block Wall Within Easement Area) be removed and not granted permission to remain in place under an Encroachment Agreement is unreasonable and unnecessarily punitive to the Synsteliens and to surrounding neighbors who would unnecessarily have endure construction vehicles, noise and sod removal and replacement.. The City Code allows Encroachment Agreements for retaining walls that do not alter the intended use of the City Drainage and Utility Easement (20-908(6)). The easterly garden wall terminus does not alter the use of the City's easement. The denial of an Encroachment Agreement hereon was arbitrary, capricious and punitive. An Encroachment Agreement is reasonable under the circumstances and should be granted. The Synstelien family requests the City Board of Appeals and Adjustments overrule the Administrative Officer's decision regarding Item "I" (Portion of Block Wall Within Easement Area) and, as needed, grant Applicant Synstelien a variance. Variances are permitted under the practical difficulty standard of M.S. §462.357, Subd. 6. Reasonable Manner of Use Appellants Synsteliens' planned manner of use of his residential property — a decorative garden wall as located (above described) - is a reasonable manner of use of a residential property in the applicable residential zone. The Block Wall is no more than 14" above grade, decreasing to no more than 6" above grade on the easterly tip. With minimal block wall visible above grade, and primarily visible from the Synstelien's backyard porch it makes no noticeable visual presence and does not adversely impact the quiet and peaceful use and enjoyment of adjacent residential properties. In light of the new French drain, the wall's easterly terminus, as built, makes no measurable adverse impact on the property to the East. Plight of the Appellants The plight of Appellants Synstelien was created by his third -party contractor. The Appellants did not know the wall would be built in the City Drainage and Utility Easement. Mr. and Mrs. Synstelien have no training or experience as builder or surveyor. Their plight is not of their own making. Rather, it is the product of design and construction decisions by a third - party contractor relied upon to design, locate, in the construction of the garden wall. No Impact on Essential Character of the Area No Impact on Essential Character ofIbLe Area The variance if granted, will not change the essential character of the locality. This is because it is a common landscaping amenity, largely below grade and not visible where the grade drops and more wall blocks are exposed. The garden wall is subordinate to all other lot structures. Built of standard landscaping blocks, commonly in use, and matching blocks used elsewhere upon the Synstetien property, the wall blends in, and is not of mi *ectional architectural character. CONCLJISI Appellants Synstelien requests that the City's Board of Appeals and Adjustments recognize that the genuine practical difficulties being imposed upon the Synstelien Family by the unreasonable and unfair demand that they now demolish the an existing Item "F" Block Wall and Item "I" the easterly terminus of the garden wall and that the family sbould not bear the burden associated with rebuilding a retaining walls and re-landscapingy the back yard, 'llie demand that the walls be demolished is unreasonable as it denies the Synstelien Family the reasonable use of their property and imposes undue expenses that are punitive in nature. The city can accommodate its needs and accommodate the Synstelien Family by simply agreeing to include the two walls in the requested Encroachment Agreement. In the unlikely event that the city ever has need to enter the Drainage and utility casement, and mnove same, it may do so lawfully. Dated: For reference a copy of the 09/ Lot survey is attached as Exhibit "E" APPELLANTS SYNSTELIEN February 12, 2020 CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Larry Synstelien 6893 Highover Drive Chanhassen, MN 55317 RE: We have internally reviewed the submitted plan requesting encroachment agreements for various areas at 6893 Highover Drive. Dear Mr. Synstelien: After reviewing the survey dated 3/19/19 that was submitted as part of your request to have multiple improvements on your property be allowed to stay in-place, we will support granting encroachments for the improvements in the areas labeled "A, B, C, D, G, H & J". We would like to note that these areas were constructed without permits and do encroach in drainage and utility easement areas. Item "E" (the future fence) which has not been constructed will require a building fence permit and separate encroachment agreement showing the location on a full size survey meeting all the requirements for fences in Chanhassen. Item "F" (block wall) is denied and will need to be removed. Item "I" (portion of block wall within the easement area) is denied and will need to be removed. This area WM also need to be grading to direct drainage within the easement and not onto the neighboring property. The drainage inlets and drain tile located along the southerly lot line needs more information shown on the survey showing piping runs and sizes. The area within the easement will need to be regraded to not adversely shed water onto the neighboring property. SG IF " X.000� Charles J. Howley, PF„ LEED AP Director of Public Works/City Engineer c: Steve Ferraro, Construction Manager, R3v a Tees €V ' VqiBrrLA Steve Lenz, Engineering Technician TIT PH 952.227.1100 • wwwA.chanhassen.mmus • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 RESIDENTIAL Legal: L Permit for: Horne Other -�� Addition , Explain: -,T4,—,,1/ '/SURVEY ROUTING FORM Deck , Detached Structure 5 "rfd !/ Permit No.' 6 .#- Date Received �%L' Route Permits/Surveys in the foilawing order, note any changes yon require and forward to next department. Engineering will order new surveys as requested and route for approvals in reverse order. Hadress/legal description, building footprint, building type matches survey (walkout, lookout. etc) ' APProved ®/ N Date: 2,1 1,4 I: o By: £ � Required corrections: Revised survey/plans approved Y / N Date: By:_ tree preservation, bluff zone, height, surface area, Approved Y0 Date: Z-t9-zd-2e By: Required corrections: FA d ee(W fij ave- 4 "It iA doge ac,d atlllty earerwu'- Revised survey/plans approved Y / N Date: By; Finance Approved Y / N Date: Engineering Elevation, building type, grading/drainage easements, Approved Y /O Date:_. 7-1q— By: 5 K LX., 1?aquired coir coons: L�f I ki >L)d- 0 6S� V16'3 * b JtlLitr� O i1 f 0 }— � ! Ii S.t� Cab�f r� o 1a11� � 1aa,nO�Q�r e1EuA.�u� ctnaw�yqes. ties, it does nod address tkjq 01pt 141 aI 5 4 /! nearby, iDeS,gn i5 U.Sua! a br lfj Het Eh3. Ld i'rafsair t X44 coo: . Ta -j cr"14, Revised survey/pians approved Y /N Date: By: Water Resources Erosion Control Approved VIN Required corrections: Date: By: -x !:kfflffl `�_ .v, rlftdytfam'germyovung '/SURVEY ROUTING FORM �z e'itt Permit No.2L" 3d� / USC Permit for: Home _ _ __Date Received r ja— Other Addition Deck 1,, Explain: Detacf.cd Structure Route Permits/Surveys in the following order, note any change, , oa require Engineering will order nen sury eys as requested and route for ap?rrovats reterse forward next department AddressRe¢al u --•r• ••q vwrvmg type matches survc Approved Yi'N (walkout, lookout, er. umark. Date: Required corrections: Revised surveylplaas approved Y / N Date. Approved Y%j Daie?'142d7o By: 91. Wil' Required corrections: e -E{�n$eted fi, (crtlr+oi trttl N draiwl 0.k1 t<?Vtty Pate r�4 Revised survey/plans approved Y / N Date: - By: Approved Y / N Date: By: n "neerin Elevation, bullding type, grading/drainage easements. Approved Y/0 Date: Z t q - By; ;ik- o,Z Re�qw'red corrections: L 11 h't uSJ ' bC to t4otP,� •�rbM i�ct-() E s n•p j,' c�.(�, cz- Vf-e _ , >t�' vCrFzndIru� ,vt Ad� Gcesenre�o��or1 ro tr�yy L� )1 14e� ekCYOadt Mft2 } {`6r Q (1 lutl(5 a Jltpae tv hkt i�N i7ei U f S Revised survey/plans approved Y / N Date;_ gy: A?;4 a -r- S Water Resources Erosion Control Required corrections: ;+uRryform�enaunawg Imo,; y—\ s' HIGHOVERTRgIL x� �Y mmwi n rrx x f... a.r r r %,r a. nn.wY brir nrmwl o. vs, on.x=xp ww,w. aoAnams Ybnr rxpam vm. rax ors.++.,I.Iw Yw Yory r,ou. waevm rryb.w rw.Y wPa+o,.,•.s.i� F%mMs>.s,gPw%rox,a.m,r r.uxm%wryetY rwq %, Y.v.N, 4M4A 4,r a. vn NwmnM'alnaTtlY mr'q aeeft n%uxmxr0.a.rp. gm�axr.l ZVYq aT %O}n pq.M1Y x W fSnP'. ruwry Ru-Ox4Y PHYI p, N. 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O nRIWCMxq,E o- R,wra,e O arnw�,ousw.aa pplAllIX IlWlrirla 11 :,,,•l,i.i / `� 0 r^ror.mr 4 rw®�sxnal w�ienvNamrorw�,w^o,�iv� uRln.txaewatsdu4nna / m lE1MRxE xOY O W.Y85r6MF LyxSpa_--C- h / O iea,nre rrwne A w¢vuve r . 9 RR Kix4@O, E, xxllDl(Y SmV 1/IOLYlRWt O / L iWiiC5xiY1 � ,moi lB 7/ x..,. 9 userv•m • wnm w/«ove —u— �m„C ram s� 8 w,nm wave w^m,xMx N:1`� O Oaciwva,eiex — v+mwr awm � VICMSYIYP ;n /�,, •fix a ors,em, a xA.m Bole 1 Bwela% _ \fin_ STE ' • Mroalnx,ILMxFMr _e..-- ow,wYo v.nva o arr'.%]MxBI' cp6gdl5 As iHLnxxE wE �yy� O chi utlx, xarax,en fWr P,PM9EVfnP1 omdn5ile[ � —uc— nernu[,➢E �-�4b. 1 •� ':. / PrmPSlMxr fNelaf ;'List of Encroachment ;A. Boulder Gard. Wall n Boulder Garden Wall 1prt<xmingl -^\ '•• •:: <i- ' C Boulder Garden Wall 1prtsxisrin8) ^\ RENalOw Sxae.xnY • , D BaukkxGard. Wall (pre-mgxgl / N v • gb E F..l( I.e) z.e F W”. Blot Reiawma, Wall ie 5 a 5 to m _ -__: G Deck 8__Y .par H D.Mle to Suter YNENREr I Modals, Black Gard. Wall t nr 10r BOUNDARY 1 Modular Bkw1 Gare, Will TOPO SURVEY S�- yi'r/-asr CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 6, 2020, 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 a Public Hearing to Consider an Appeal of the City's denial of an Encroachment Agreement for Retaining Walls within Drainage and Utility Easements and Variances from the City's Prohibition on Locating Structures within Drainage and Utility Easements at 6893 Highover Drive, Zoned Single -Family Residential, Planning Case File No. 2020-15 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. Kim Tj Meuwissen, Depu 1e Subscribed and s m to be re me this {o'�' day of 2020. Notary Public JEAN M STECKLING h�b1c-Mkxieeote --- 10— ►y mwirron iW« - - st, aoa� SQAN ED This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city. county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features- The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown. and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. ((TAX—NAME)) ((TAX—ADD—Ll)) ((TAX—ADD—L2)) «Next Record»aTAX_NAME» ((TAX—ADD—L1» ((TAX—ADD—L2>) Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2020 at 7:00 p.m. This hearing may not ' start until later in the evening,depending on the order of the enda. Location: Ci Hall Council Chambers, 7700 Market Blvd. The purpose of this hearing is to consider an appeal of the city's denial of an Encroachment Agreement for retaining walls within Proposal: Drainage and Utility Easements and variances from the city's prohibition on locating structures within Drainage and Utility Easements. Zoned Single -Family Residential (RSF). Property Owner: Joan Synstelien/Larry S nstelien Property 6893 Highover Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the What Happens at Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2020-15. If you wish to talk to Questions & someone about this project, please contact MacKenzie Young - Questions & Walters by email at mwalters(Mci chanhassen mn us or by phone Comments: at 952-227-1132. If you choose to submit written comments, Comments: please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission NEWT Sign up to receive email and/or text notifications when meeting agendas, meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all Property within 50) feet of the subject site to be notified of the application in writing. Any interested Party is invited to attend the meeting. • Staff prepares a report an the subject application that includes all pertinent information and a recommendation. These reports are available by request At the Planning Commission meaning, staff will give a verbal overview of the report and a recommendation. The item will W opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Coundl may reverse, affirm or modity wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Coundl except razonings and land use amendments from rasidentlal to Commercial/Industrial. • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersmirepresentalive is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not Minutes are taken and any correspondence regarding the application will be included in the report to the City Coundlifyou wish to have something to be included in the report. please contact the Planning Stan person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date &Time Tuesday, August 18, 2020 at 7:00 p.m. This hearing may not ' start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. The purpose of this hearing is to consider an appeal of the city's denial of an Encroachment Agreement for retaining walls within Proposal: Drainage and Utility Easements and variances from the city's prohibition on locating structures within Drainage and Utility Easements. Zoned Single -Family Residential RSF . Property Owner: Joan Synstelien/Larry S nstelien Property Location, 6893 Highover Drive A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens at steps: the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2020-15. If you wish to talk to someone about this project, please contact MacKenzie Young - Questions & Walters by email at mwalters(a)ci chanhassen.mn.us or by phone at 952-227-1132. If you choose to submit written comments, Comments: please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission, City ordinances require all Property within 500 feet of this, subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on Me subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and dscuss, the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except razonings and land use amendments from residential to win mem ethridusibral. • Minnesota Slate Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersorympresontative is encouraged to provide a contact for the city. Often developers are encouraged b meet with the neighburhoW regarding their proposal. Staff is also available to review the Project with any interested persan(s). • Because the Planning Commission holds the public hearing, the City Coundl does not. Minutes are taken and any correspondence regarding the application will be included In the report to the Cly Coundl. If you wish to have something to be included in the report, lease contact the Plenni Staff son named on the no Talion. PIN TAX -NAME TAX -ADD -Ll TAX_ADD_1-2 SITEADD 254170020 SETH P KNELLER 2378 HIGHOVER TRL CHANHASSEN, MN 55317-4744 2378 HIGHOVER TRL 254170080 MICHAEL L BAKER 2383 HIGHOVER TRL CHANHASSEN, MN 55317-4749 2383 HIGHOVER TRL 254170010 MATTHEW A PEDERSEN 2388 HIGHOVER TRL CHANHASSEN, MN 55317-4744 2388 HIGHOVER TRL 254170090 OANH VAN PHAM 2393 HIGHOVER TRL CHANHASSEN, MN 55317- 2393 HIGHOVER TRL 254170100 CHAD A PORSPAKKA 2403 HIGHOVER TRL CHANHASSEN, MN 55317-7574 2403 HIGHOVER TRL 253490090 CHRISTOPHER H COWAN 2412 HIGHOVER TRL CHANHASSEN, MN 55317-7574 2412 HIGHOVER TRL 253490100 RAYMOND C ALSTADT 2423 HIGHOVER TRL CHANHASSEN, MN 55317-7573 2423 HIGHOVER TRL 253490080 TODD MICHELS 2436 HIGHOVER TRL CHANHASSEN, MN 55317-7574 2436 HIGHOVER TRL 253490110 DAVID N WARGIN 2443 HIGHOVER TRL CHANHASSEN, MN 55317-7473 2443 HIGHOVER TRL 253490060 KRISTIN C HENNIG 2446 HIGHOVER TRL CHANHASSEN, MN 55317-7574 2446 HIGHOVER TRL 253490180 JULIE WITT 2450 HIGHOVER WAY CHANHASSEN, MN 55317-7574 2450 HIGHOVER WAY 253490070 CLAUDIO J NICOLETTA 2458 HIGHOVER TRL CHANHASSEN, MN 55317-7574 2458 HIGHOVER TRL 250040600 CARVER COUNTY 602 4TH ST E CHASKA, MN 55318-2102 6731 CHES MAR DR 253490520 JOHN J COPOULS 6810 HIGHOVER DR CHANHASSEN, MN 55317-7568 6810 HIGHOVER DR 253490040 KENNETH R & LISA MARIE PEITZ 6811 HIGHOVER DR CHANHASSEN, MN 55317-7568 6811 HIGHOVER DR 253490510 CHRISTOPHER C FITCH 6814 HIGHOVER DR CHANHASSEN, MN 55317-7568 6814 HIGHOVER DR 253490500 WILLIAM D & MARY D HAWORTH 6818 HIGHOVER DR CHANHASSEN, MN 55317-7568 6818 HIGHOVER DR 253490050 CRAIG R OLSON 6821 HIGHOVER DR CHANHASSEN, MN 55317-7568 6821 HIGHOVER DR 253490490 PATRICK J & LISA M MCNULTY 6842 HIGHOVER DR CHANHASSEN, MN 55317-7568 6842 HIGHOVER DR 253490480 PHONG M LUONG 6856 HIGHOVER DR CHANHASSEN, MN 55317-7568 6856 HIGHOVER DR 253490470 JOSEPH P THULL 6872 HIGHOVER DR CHANHASSEN, MN 55317-7568 6872 HIGHOVER DR 253490460 WADE & THERESA A MOLNAU 6888 HIGHOVER DR CHANHASSEN, MN 55317-7568 6888 HIGHOVER DR 253490120 LARRY D & MARY J SYNSTELIEN 6893 HIGHOVER DR CHANHASSEN, MN 55317-7568 6893 HIGHOVER DR 253490450 DAVID E & KATHLEEN K FULKERSON 6900 HIGHOVER DR CHANHASSEN, MN 55317-7567 6900 HIGHOVER DR 253490130 TIMOTHY M & MARINA L BLOCK 6903 HIGHOVER DR CHANHASSEN, MN 55317-7567 6903 HIGHOVER DR 254170110 NATHANIEL KENT 6905 HIGHOVER LN CHANHASSEN, MN 55317-5002 6905 HIGHOVER LN 253490140 RODD G & NORA M WAGNER 6915 HIGHOVER DR CHANHASSEN, MN 55317-7567 6915 HIGHOVER DR 253490440 LEE S & RHONDA L BROADSTON 6918 HIGHOVER DR CHANHASSEN, MN 55317-7567 6918 HIGHOVER DR 253490210 ANGELA JEAN LURIE 6926 HIGHOVER CT N CHANHASSEN, MN 55317-7571 6926 HIGHOVER CT N 253490220 HAU T TRAN 6927 HIGHOVER CT N CHANHASSEN, MN 55317-7571 6927 HIGHOVER CT N 253490430 JEFFREY SHELSTAD 6934 HIGHOVER DR CHANHASSEN, MN 55317-7567 6934 HIGHOVER DR 253490150 JOHN M 1R & DARLAJ GRAHAM 6935 HIGHOVER DR CHANHASSEN, MN 55317-7567 6935 HIGHOVER DR 253490230 JONATHAN E & INGRID K STEELE 6941 HIGHOVER CT N CHANHASSEN, MN 55317-7571 6941 HIGHOVER CT N 253490200 JEFF S JOHNSON 253490413 MATTHEW MINTON 253490160 PENNY L BURSCH-JOHNSON REV TRUST 253490240 TAMARA ASAMOAH 253490170 MARY SUSAN TIMION 253490190 ROBERT J & LUCINDA C LIPPERT 253490411 TIMOTHY HOLLY 253490250 MARCY JOANN W ICKA 254170120 HIGHOVER LLC 6946 HIGHOVER CT N 6950 HIGHOVER DR 6951 HIGHOVER DR 6955 HIGHOVER CT N 6959 HIGHOVER DR 6964 HIGHOVER CT N 6966 HIGHOVER DR 6971 HIGHOVER CT N 7575 WALNUT CIR CHANHASSEN, MN 55317-7571 CHANHASSEN, MN 55317- CHANHASSEN, MN 55317-7567 CHANHASSEN, MN 55317- CHANHASSEN, MN 55317- CHANHASSEN, MN 55317-7571 CHANHASSEN, MN 55317- CHANHASSEN, MN 55317- CHANHASSEN, MN 55317- 6946 HIGHOVER CT N 6950 HIGHOVER DR 6951 HIGHOVER DR 6955 HIGHOVER CT N 6959 HIGHOVER DR 6964 HIGHOVER CT N 6966 HIGHOVER DR 6971 HIGHOVER CT N 6915 HIGHOVER LN COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard OF CHMNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: July 23, 2020 August 6, 2020 July 17, 2020 Contact: Contact Phone: Contact Email: MacKenzie Young -Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Associate Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: August 18, 2020 at 7:00 p.m. September 14, 2020 at 7:00 .m. September 15, 2020 Application: Consider an appeal of the city's denial of an Encroachment Agreement for retaining walls within Drainage and Utility Easements and variances from the city's prohibition on locating structures within Drainage and Utility Easements for a property located at 6893 Hi hover Drive. Zoned Single -Family Residential District (RSF). Planning Case: 2020-15 1 Web Page: www.ci.chanhassen.mn.us/2020-15 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ® Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal pp�,����1 Watershed Districts: E] Minnetonka ® Forester N p l UYV�VV� ❑ Shorewood ® Park Director ❑ Carver CountyWMO ❑ Victoria ® Water Resources ❑ Lower MN River ❑ Law Enforcement ❑ Minnehaha Creek Adjacent Counties: ® Riley -Purgatory -Bluff Creek E] Hennepin Carver County Agencies: Utilities: ❑ Scott ❑ Community Development ❑ Cable TV — Mediacom ❑ Engineer School Districts: ❑ Environmental Services El Electric —Minnesota Valley ❑ Historical Society ❑ Electric —Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — Centuryi-ink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ElBoard of Water & Soil Resources Authority E)MN Landscape Arboretum El Health El Society E] SouthWest Transit ❑ Natural Resources -Forestry EI TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2020-15 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 18, 2020 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider an appeal of the city's denial of an Encroachment Agreement for retaining walls within Drainage and Utility Easements and variances from the city's prohibition on locating structures within Drainage and Utility Easements for a property located at 6893 Highover Drive. Zoned Single - Family Residential District (RSF). A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2020-15 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young -Walters Associate Planner Email: mwalters&a ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 6, 2020) MANNED gAp1an12020 planning casesU0-15 6893 highover drive varlph notice to villagendocx COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CHMNSEN Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: July 23, 2020 August 6, 2020 July 17, 2020 Contact: Contact Phone: Contact Email: MacKenzie Young -Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Associate Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: August 18, 2020 at 7:00 p.m. September 14, 2020 at 7:00 p.m. September 15, 2020 Application: Consider an appeal of the city's denial of an Encroachment Agreement for retaining walls within Drainage and Utility Easements and variances from the city's prohibition on locating structures within Drainage and Utility Easements for a property located at 6893 Hi hover Drive. Zoned Sin le Family Residential District (RSF). Planning Case: 2020-15 Web Page: www.ci.chanhassen.mn.us/2020-15 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ® Attomey ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester ❑ Shorewood ® Park Director ❑ Carver County WMO El Victoria ❑ Lower MN River ® Water Resources ❑ Minnehaha Creek El Law Enforcement Adjacent Counties: ® Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ Hennepin Utilities: ❑ Scott ❑ Community Development ❑ Engineer ❑ Cable TV — Mediacom School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ Health ❑ MN Landscape Arboretum ❑ Historical Society ❑ SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation SQkNNED COMMUNITY DEVELOPMENT DEPARTMENT EjtJji{t{( `(tjj{j� j(�j ii�{`1 j(1 Mating Address - 7700 Market Chanhassen, Lt i t OF V tilt 1 a[ Ui L Malting Address - P.O. Box 147, Chanhassen, MN 55317 Phone. (952) 227-13001 Fax: (952) 227.1110 At APPLICATION FOR DEVELOPMENT REVIEW sucrosca Dsee: 17 c% PCnat.� 11 ac cccmr« I I I 1 snoay�re.. I i S f Dc (Rarer to the appmpdafe Apgtaton Checklist Is, tW tW wb"AW Pols adds matm ar 9a0.7,08111 dila apgkadwl) ❑ Comptehen" Plan Amendment ........................ $600 ❑ Minor MUSH tine for fatting on sits sewers ..... $100 ❑ Conditions; Use Parnit(CUP) Single-Fv*P4sidenar ........... »...._............ M5 Lf All Others .................. .................... _ . .....»...5425 ❑ interim Use Permit (IUP) In conjunction with SIngis--Famfty Realdence., $325 EjAll Others........................................................ $425 G Remnktg (REZ) ❑ Planned Unit Development (PUD) ........».. ❑ Minor Amendment to ar5ating PUD.»_.»;....,„,s1C0 ❑ All Others .............................. ....... .... ... .1300 ❑ Sign Pian Review ................. ».. ....... _.... ... ............ 1150 Site Plan Review (SPR) Administrative ..... ... ...... _,...................,......._ $100 ❑ CommeraalAndustnal Diad t............._........ $500 Plus 510 per 1,000 BWwe feat of bulkting area: (— thousand square feet) 1MM6 reanber of 1t > : 'Imwee number of MW "Toyees: (:i Residenriaf Dfatrrcta ...............................».....,..$500 Plus $5 per dwelling unit ( _ units) ❑ Subdlv(sion (SUB; ❑ Create 3 lora or less ................. ....................... $300 ❑ Create over 3 lots ......................$600 + $15 per lot its HMetes 1 Bounds 121ota } )......_.�.,........».........1300 Consolidate Lots..............................................5150 Q Lot Line Adjustment ....................................... $150 �1 Final Plot... .. ................. ...... .................. . ....... $700 (Includes $450 escrow for attorney eoftr 'AdMonal "ant mry be resulred Rx other appanliena Vaddgh the development =nirw ❑ Vacation of EasementeRight-of-way (VAC)........ $300 tAdCtlarwiiwach ftweveVW rV Variance (VAR)............__....._.............. ....5200 ❑ Wetland Afteriulon Permit (WAP) ❑ Single -Family Residence- ... ....... _............. $150 ❑ All Others................. ...... ..»......................... $275 Zoning Appeal ................................... »........... .. $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 iM1eppr pr as M sisal be etatryed Mr a Lapp q len, ® NorS> n8igta may arame9ana rnwMj.................................................... W Property Owners' List within 500' (CJtyto aenereaaAeerpla�asae�an,neelYgl 53 tow address X Escrow for Rewrdin Documents check ell that 1 L� f- 9 ( a,�pY)�................................................................. rdoalrnent f Conditional Use Permit Interim Use Permit ❑ Site Plan ement Vacation Vartar" ❑ V+iettand Alteration PemtC ❑ Metes & Bounds Subdtviston (3 docs.) Easements L_ easements) [] Deeds TOTAL FEE: $673.00 Description of Proposal: PropenyAddressort-ocallon: 68-93 Riahover nrive Parcel S: _ 253490120 L,egai Description: Lot 3, Block 3, Highover TotalAtxeage:?3.7¢�, �..�r.. Wetlands Present? ❑ Yes ® f4o Present Zoning: Select One RSF Requested Zoning: Select One RSF _ Present Land Ufis Dasignatlon: Select One RSF Requested Land Use Designation: Select One ExistingUseofProperty:RSF Single Family Residential MCheck box desperate narrative W attached. APPLICANT OTHER THAN PROPERTY OWNER: in sign.ng this application, 1, as applicant, represent to have obtained authorization from the property owner to file this application, 1 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 I am the party whom the City should contact regarding any matler pertaining to this appiication. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fess may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any aulhorizahon to proceed with the study. I cartify that the Information and exhibits submitted are true and correct. Name. Contact _ Address: Phone:,_..,_` City/Stale/Zip: Email: — _- Fax: Signature: _ _ Date. PROPERTY OWNER: In signing this application. 1, as property owner, have full legal capacity to, and hereby do, authorize the Ung of this application. I understand that conditions of approval are binding and agree to be bound by those 'ccriditw w- subject only to the_aghtto object at the heariaps 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 consulbng 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: Joan Synsteliem/Larry Syrlstelien Contact:__ Address: 6893 Sighover Drive — Phone: _ City/StaidZip: Chanhassen, MN 55317 Ceti: 952_913_067a Email: 1 .s vnste aail.com Fax: None Signature"--- r .�-� .DMe: ai.., as t7,b; --- This; applicadOn must be completed in hitt and must be accompanied by as information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application ChecWist and confer with the Planning Department to determine the specific ordinance and applicable procedural i requirements and fees. I A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficlencies shalt be mailed to the applicant within 15 business days of application PROJECT ENGINEER (r applicable} Name:. Contact: Address: _ Phone: _ City/Stateizip: ----^ —. _ _ — Cell: Email: Fax: Who should receive copies of staff reports? "Other Contact Information: I ] Property Owner Via:C Email r] flhNed Paper Copy Name. ❑ Applicant Via: H Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy Cityl&ateiLip: ❑ Other" Vs: ❑ Emall ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APP ICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your ` device. PRINT FORM and deriver to city along with required documents and payment. SUBMIT FORM to send a digital I copy to the city for prooeseing. sAYe !'ORM PR)NT FORM SUBMIT FORK JI 6893 Highover Drive, Planning Case No. 2020-15 (MYW) $0.00 Consolidate Lots $0.00 Lot Line Adjustment $0.00 Subdivision ($600 + $15 per lot) $0.00 Vacation $123.00 Property Owners List ($3.00 x 64) $200.00 Variance $100.00 Zoning Appeal $200.00 Notification Sign $0.00 Deeds $0.00 Attorney's Fees $50.00 Recording Fees $673.00 TOTAL $673.00 Ck #4477 from Juel's Corporation $0.00 Balance Owed $0.00 Adjustment Address: j r t/G "A J rERMIT/SURVEY ROUTING FORM f / Leggy; Permit No.(i's'1 3'l Permit for: Home Date Received rX'�--- OtherAddition Deck Detacl :..i Structure Explain: Route Permits/Sutve - Fngineerin Ys in the following order, note any change, On require and forward to neat department. g will order new surveys as requested and route for approvals in reverse order. Bnildino type, grading/drainage easements. Approved Y/0 Date: z r 4 -7t Required corrections: IkA(I Ktt(' o�t`U �znci �lfcV , Ah Mat ddF+-ona 04-U E atfi- L Wt11 H P�tttbad+Memi`f"cr411 v GceSentey%`an Proms Revised survey/plans approved Y / N Date:t` t yt Wd U E S s�? ani Water Resources Erosion Control - Approved YIN Date: By: Required corrections: baftlyVoem,pnuitruuting ;., �• ,:Y�,_�: v .,yuvn, outlding footprint, building Approved Y/N type matches sun C (walkout, lookout, c, - ,;nark. Date: Required corrections: -- ---- Revised 'trey/plans approved Y / N Date: By: Plannin Setbacks, tree preservation, wetlands,bluffzone, a height, surface area, bluff setbacks. i c Approved Y � Date:2__ lf2e2v By: c Required corrections: I)'"ep fr ff'kllw of (a/d in VIWA NL 0.,4 tL4){itll ZAfLtµ7�1 Revised survey/plans approved Y / N Date: , By: � Finance O Approved Y / N Date: Be_ type, grading/drainage easements. Approved Y/0 Date: z r 4 -7t Required corrections: IkA(I Ktt(' o�t`U �znci �lfcV , Ah Mat ddF+-ona 04-U E atfi- L Wt11 H P�tttbad+Memi`f"cr411 v GceSentey%`an Proms Revised survey/plans approved Y / N Date:t` t yt Wd U E S s�? ani Water Resources Erosion Control - Approved YIN Date: By: Required corrections: baftlyVoem,pnuitruuting ;., �• ,:Y�,_�: R .gloom '1 f 101 ri I �10s SJJeI)•3z's los �. a d HIGHOVE -rjW— — le�wlf a..v.n. anvu.m �...m,.x�.N�...,n.wnm.. �.,,•.x.m....E.rv_w., w. , Am..m� aw„�., p... ,...va,.•..x ua,, p- r4.,,...ox.. Wap. m..,.,Nv psNre ZNa5l IXA5e,.Tmve,..,lW. btl. ,,,,. rte. 6. W. 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""a � y m�ms�ae rDunnv enswerrts nne snaw TMus. _� > x1 ._ f..l f j wmwc. u - a --___J L_____1 ___ �o'.ww a) / r .,. > ' y� ' ° • M run" Below Deck F S Relaniarg Wa4 wor To scuel "v u U wire srawm warn m° mire ar nn.s, ennv wiwrw.awa •-•,aw. a... n ' M x i Llnetype & Symbol Legend arm .p+` a rr awrwnolsr � mwwxewasav MS ) �c���v "`; ••• .I' ,� � 'go m saeu..,wae • °'w0 � ..va sw..a `-moi-' w.b+aq �n / .•� �i ® S.a.wxue • exrracwwne �eRasic.Pa,.osrnwmww / \ sJ� ® GICX MRI o- R/Olel[ &11N4rgY55URr6 LAFIM9OII.VO .PtVr / m -_n I hd1n111C IJ a.11 cuillKQ / rxr>ewuaoamErwv,va nE b / �la-�� n / fi v nsewwe eM a nwrreo>sv O aw.a scasre vaa ar ms sr wwes°.n .o�l�•n A / .Il h.lt:, .I .!rl'F / Ri rererur<raaane A aaw:.Hslan O Gou..s a°G H J � a nnnzc src«u a ao..nz —,a— n.eromc nwrr c- Garden Wall "' / a �awa,r®. • w.,w.a.n —a.— aw+un P15-}]901nw.b Garden \k'i 'r c an rw.wGa,era i nra nae �anrtca. v /Q vrcwm Nnp ' I� � ' RVrW AON n°MIrIf �� On9le�o un.,nas g �ra urr.c___: -`'•�� \ � wnn°Paunxr swrmww°wnrw°n t„f — Gws unz SQ,kNbr:D r— n t ;'Lise Encroachment of ""'•�E K� / .,, ,'A 9.1d,r Gard. Wall -wan raa s.• 3)1'3T3 0 wn ?151.05 j F ,aider Gar&,, Nall r qe-nlvmgr - ` nevrsansuwwnav -- Win- _ -�� x j i C Boulder Clardcn Nallrge<.vsringl • D &vldcr Wall 1prcedningl /��\v N tur, !"tF Mrn l BIB IF Mcvlul• Black RAinm, Nall s° s o 5 w.a,a --._- 6 IMA m: ns Im __ _____-s' . lkwwde to BOUNDARY VIadul. 01oek Gardrn Will ! kldulr 0hwkGarma�nn Wall TOPO SURVEY wx rooew cwa,ra+n ., l 1 1 K � V 1. O Y, _ -asv SQ,kNbr:D QUALITY ABSTRACT, INC. 7650 Currell Boulevard, Suite 255 Woodbury, MN 55125 Phone: 651-739-8597 Fax: 651-739-8492 DATE: 07-21-20 QA FILE NO: Q2009853 TO: MARK W. KELLY 7975 STONE CREEK DRIVE SUITE 120 CHANHASSEN, MN 55317 AMOUNT DUE: $20.00 ATTN: MARK (Please detach top portion and return with your payment) QUALITY ABSTRACT, INC. QA File No: Q2009853 Customer File No: HIGHOVER DRIVE Customer Reference: Legal Description: / Property Address: 6893 HIGHOVER DRIVE DATE TYPE OF WORK AMOUNT DUE 07-21-20 DEED COPY $20.00 SQWNED Kim From: Mark W. Kelly < kellylawoffices@aim.com> Sent: Tuesday, July 21, 2020 9:23 AM To: Orders Subject: Carver County Owner of record deed Quality Abstract: Please provide a copy of th3 owner of record deed for. 6893 Highover Drive, Chanhassen, Carver County, MN Mark W. Kelly Attorney at Law 7975 Stone Creek Dr. Ste 120 Chanhassen, MN 55317 0-952 474 5977 c-612 741 1440 UETA NOTICE: If this communication mneems neggimion of a contract of agmement the Umfoml Electronic Transactions Act f'UETA") dots not apply to this communicnion. COMM formation in Ne mattes shall clam only with the mutually affixed orig'mal sigoaturts on onginal documam. PRIVILEGED AND CONFIDENrIAL'. E+ra communications may be intercepted or inodveZtly mesdimtted. While the Amencan ear Association dccirs E MSI a valid end imhorized form oftummunicalm ye cm lawyer and client absoluzc secrecy end sect my (ofdte e-mail message end any acmmpanyistg documents) cannot be accred. Unless the tat indicates othrwiae, E -Mail that." be deemed legal advice, nor shall Ox mdetlomhm of AnomeytClient the alabl ished as a reach of E- MaII convpgidemst rom ft. d-IM7PSM'( CEO urea ��ew o.e..yemtMq Madd..lYlm JelmTwna d5 .3ys oIao No ddivqueet rasa and vavdv .r..rA; CeniSote [)OCUR1EOl N0. OFFlCE OF THE RDER CvdDwe of Re'l Damm Ve m No )0 E�' tS 16 1 i rAI2I'8N1'1 C8�I0I ( CARVER COUNTY OM NNESOTA 1R / I'�INI�ISII II(�Ilry(�I��VI� RM Fee SXt'A Checar 493M nCenw hUeO!',d r a m on 01.23-2001 9 1130 AAe❑ PM /�/ Auditor {{'�11 �{�IRu1� II9��j,' IIIN Deputy I1IIIIIIIII11I�IIII�IlIWIIIl Gounn ecwaer} SfATEDEEDTAN.DUEHPREON: S9,687.00 Dau: JpnumvS.]DDt FOR VALUABLE CONSmERAT/ON, Mich" J. VkWwd at0 She01 R VNWand, husband and wh Gvenbr(a) Lusby mmmy(a) and warreat(a) Ed 4 Larry D. Synatetlen ared Mary J. Synaeilen Gradsxs, - J.Lt uzaaA red proputy in Canmr Coumy, Manwete, described m fo0nwa: Lot 3. Slock 3, Hlghow,, according to the plat thered w Gla ora moord h the office of the County Recorder. Carver County, Wnnwota. togethe, with all hutdiEw cw zed eppm mmov Wongng dmao wbjw to the foUceivg excep5cns: Cownmm. cordtllona, rcetdctbnz ant eawmenu of scull, Barry. I The War certMea that she ee0er dow net know deny wale on tho dwulbad roa property. �3 w7l" Almtrermss.'vsrw 7ZIIM"46�u",E:P and R. M J.VI nd, accernay in fact STA -1110P Mlnt a l COSNTV OF Hewop!r f u' Theforegaiagiwrvmwt ww edaouledgW Wore me this Sb_ day of Jenuit 2m1, by Mldyel J Vlkeeiand nartled to Sherd R VSndend and Shad R Vikea ind by Whet J. Akrderld. adornov In fact. nettled be Ml.hjW J. VikagaW Ovmlor(a). .ma.uraawaosrsmaa e"mQ RIBLCCR M.S Tlte®OPPa0.50NTAtIIJO A(lJiDW{$lOHalt 't„JJB roc .. .. CNURRANN r.w W - By Dr and MUry J. Syrdalen f++� Highers DMe Giver Calory how Not . Tele Som 100. CLsanMsaen, Mbinwota 6Gl17 as s Chemnur Show NOM, P.O. Baa 10a CIaaW. M-inn�e�ea�k ti631Bva ,5'100 Wvw -, wu Avi Carper Coun Property Tax Department y Tax D 1 1 �� 2n° HALF PAYMENT STUB -PAYABLE 620. Ea It A' Suee1 P0.6aX 69 VALUES AND CLASSIFICATION Cu6ea WN 5ST18-0069 axes Payable Year: 2019 2020 (9521 ]M-1910•wvxm rv'nIT^e< Vats- «4103 TO AVOID PENALTY PAY ON OR BEFORE: 1pN-- t Num ..m a Exinaad Mnew 9I9.W0 ero'ae«a.. e SAM Ianro61. E.aencn u �yrv-w-mewM T.M. V...cMe WO.IW 93eWe . S-i�sYal Nea 1 carver County - - Ewea E¢m era. MAPS so"M { Pngery 10 a:25,3.B11130� ✓rcawry twolcarr. m. xxe w.xx MR, PPOPOSEO TAX ry'rMkkyD.1U.,svRS,EUFi ... L Slr OT.CO ' «-Nay .Hp.... r ssEN ua u]I).>ee PROPERTYTAXSTATEMENT 1"HALF PAYMENT STUB -PAYABLE 2020H. To o°By9>tee 9°'°•.•••,=O.c. -.--SH, .r a.m.r. 1P1 T&WVERSEME 6w ha w«a«: v5eam 5.95600 TO AVOID PENALTY PAY ON OReBEFORE:5/1520x0 PENALTYPA ORBEF RE! Phoper, IDI: 25.3410120 Properly lDY: 201490130 5158.00 a Ix...a. TA.n.AE.aroe x.0 ® FULLTAXAMOUNT: 11,968.00inic ctae0�%A.E W .N.Muw..wplM T.. a.Ax°a t_.Varpieyi AM FIRST 1/2 TAX AMOUNT DUE: 5,984.00 ,.W Y°v, x019 M20 R 11en1°'"0'"1 XHAME M1val° eWEr�, axe a.E9belw ePePenv'a RAMML n.9as1E REFUNDS? ib b/hgW 19.tl Wf 9°.'a tl'.xY rquMn ra.eearE ereMM{Sk. ❑ P.O. Box 69 meYaellgl0k brpiep YY°r✓YOPorryls.., )Vss4.ese awmumi°m M1PR la aeee.0y an WpiYa lw.vp°.W niaq. 14A11W rFe°°M A°x'ry Rhee SMe c«N 14xy C0 rI PR O] S`kHxkMnmrR,Rk S]. Is A eras..... P«.m la..e S Ayka{urW mn ..,ME e.«Ee 2E e. ants Craw ae°,rlMwre�µ. M s. PropMY u.«.n..r.En. m.v o] u.sEs. M..: lf3pl) 5. LnunY P. CARVER LO1Mtt ]191]] S6y.]E Pr0"A Ere¢ B. CO RM AUTHORITY 9.1. 10.81 5E9]HIOHVVERM T CM°'T_ LT'OFCHANHA65EN I'suk" 2111.95 LNnRHa55EN MY: 55]rI.ISW 8. SRM Oa'9relTa 9 WEEDEE. Sa EI1IE Ekm Ov,rCrry =" I k I.MMISMEEIS.RE 4<um axav Ir YaererY.Mrygrc 0. 0. Loral L.M. '.11Oth I.E9IM ape 03] vlGNptERLa >3]B WI :,a@1o. ShEMI Tem t DRi AM MC 58.9] a1N -aEj9' B. MM MEpuW fAmrk R.9a aM wr C. MMSnme"aul 11i. Hi 4 D. Cants CxSn Cox I6)R p� E. WabMW 1116 9]se 3x1.15 Sh n W45TE.EE aESW 3XN T ...,,RMEMP°. .. Ix. T.V WAMmy Rx tekn Swi w 13. Sompki Amn. IWwu.. Paxw aaa m.w It TMT MP6 TAXANOSPEMLA MSSYEMS It... aloe b.9RW Real. 1) W 2n° HALF PAYMENT STUB -PAYABLE 2020 rea,,M202 �. PhomlouIDMN5.MW129Y, °.wBEFORE: wnBYE15E v0EOETI«IAYMENr srue. PropeYry lOe: 29JS90130 © TO AVOID PENALTY PAY ON OR BEFORE: 1pN-- t Num ..m a �uruM Run SECOND 1/2 TAX AMOUNT DUE: 5,984.00 e Bill.: 1120057 Make checks Payable W and renin to: " pL carver County P.O. box 69 b$E LARRYD IAMY O d MARYJ $YNSTELIEN semN RDR Chaska, MN 55018-0089 cNAx1rnSSEN555x NN 5511 )-)ss5 lUIUII�IMII'�Il�rllllIII.r.1�I�I�Lr1"I�III �� YU OM eRaa 02 2020 253490120 [100598400 4 1"HALF PAYMENT STUB -PAYABLE 2020H. To o°By9>tee 9°'°•.•••,=O.c. -.--SH, .r a.m.r. 1P1 T&WVERSEME ID THIS Twa PAYNEM 6rve. ch PAYMSLT SILAI TO AVOID PENALTY PAY ON OReBEFORE:5/1520x0 PENALTYPA ORBEF RE! Phoper, IDI: 25.3410120 Properly lDY: 201490130 I a Ix...a. TA.n.AE.aroe x.0 ® FULLTAXAMOUNT: 11,968.00inic ctae0�%A.E W .N.Muw..wplM T.. a.Ax°a AM FIRST 1/2 TAX AMOUNT DUE: 5,984.00 R SIR.: 11280V Make checks Payable 1O and mmn m: LARRY D a WRY 45YN5TEJEN Carver County $� My" HIONDVER oR P.O. Box 69 G cHArwrss6n Mx ssl:)-)axe Chaska, MN 65318-0069 x 'III��r��dldnl�l"IP�II�•Ilil��lll'I��IIIMJ�I�I�lul"I�III S� i 01 2020 253490120 000598400 6 ^x - KELLY LAW OFFICES F-0abluhed 1948 MARK W. KELLY WILLIAM F. KELLY (1922-1995) July 23, 2020 MacKenzie Walters City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: 6893 Highover Variance Development Review Application Dear Mr. Walters: Pursuant to email advice of July 17th, please find: 7975 STONE CREEK DRIVE. SUITE 120 CHANHASSEN. MINNESOTA 55317 (952)474-5977 FAX 474-9575 kellylawoffices0aim.com 1. Completed Development Review Application; 2. Application Fee in the amount of $673.00; 3. Proof of Ownership: Quality Abstract Report - Owner's Deed of Record and 2020 Carver County Property Tax Statement verifying Synstelien ownership of subject property; 4. Property Survey calling out areas relevant to Appeal/Variance request: Item "F" (Below Deck Retaining Wall) and Item "I" (Garden Wall). Please advise all remaining items that need be addressed for the City to proceed in processing this Application. Sincerely, Mark W. Kelly KKK/tas Enclosures cc: Synstchm KELLY LAW OFFICES Established 1948 MARK W. KELLY WILLIAM F. KELLY (1922-1995) July 17, 2020 Todd Gerhardt City Manager City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 7975 STONE CREEK DRIVE. SUITE 120 CHANHASSEN. MINNESOTA 55317 (952)474-5977 FAX 474-9575 tellylawofficeeleim.com Re: Larry Synstelien, Appeal to the Board of Appeals and Adjustments City of Chanhassen, Minnesota Re: 6893 Highover Drive, Chanhassen, Minnesota Encroachment Agreement Dear Mr. Gerhardt: I represent Joan and Larry Synstelien. Enclosed please find Appeal to the Board of Appeals and Adjustments by Joan and Larry Synstelien. Synsteliens Appeal the February 12, 2020 decision of Chanhassen Administrative Officer Charles J. Howley denying, in part, issuance of an Encroachment Agreement. The Synsteliens also hereby make Application for Variance, as needed, if needed, to permit an Encroachment Agreement in conjunction herewith. Please advise any errors or omissions, and we will address them. Thank you for your attention to this matter. We look forward to your advice on when the hearing will be held. Sincerely, SQ%NN<D M k W. Kelly MWK/tas Enclosure cc: Synstehen y ✓] ov 92 01 Jegcl cd< �iqe �► _ • i PC -1 4;; CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (Denial) Larry and Mary Synstelien are appealing an administrative decision to partially deny a requested encroachment agreement by City Engineer Howley and applying for a variance to allow the retaining walls in question to be located within the city's drainage and utilities easement on a property zoned Single -Family Residential District (RSF) - Planning Case 2020-15. Due to the fact that city staff interacted with Mr. Larry Synstelien regarding this matter, the Findings of Fact and Decision will refer to him as the "applicant" or the "landowner" interchangeably throughout. On August 18, 2020, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the appeal and variance request. The Planning Commission conducted a duly noticed public hearing on the appeal and proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 3, Block 3, Highover 4. ApWal Finding -s: City Engineer Howley's assessment that the retaining walls interfere with the intended drainage function of the drainage and utilities easement is correct. Since the retaining walls interfere with the intended function of the drainage and utilities easement, City Engineer Howley was correct in denying the encroachment agreement and in requiring the relocation of the retaining walls. 5. Variance Findings —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: The intent of prohibiting retaining walls from being located within the drainage and utilities easement is to insure that the easements can serve their function and that structures are not placed near property lines that will redirect water onto adjacent properties. The function of these easements is both to facilitate the installation SCANNED 0 • of utilities and to manage stormwater drainage. The location of the two retaining walls in question within the drainage and utility easements prevents the drainage and utilities easements from serving their drainage function and redirects surface water onto neighboring properties. Permitting the retaining walls to remain within the drainage and utilities easement would violate the intent of Section 20-908(6) of the City Code. Additionally, this section of the City Code states encroachment agreements should only be granted when they do not interfere with the intended function of the drainage and utilities easement. Allowing the encroachment of a structure that the City Engineer has determined to interfere with the intended function of the drainage and utilities easement would violate the intent of Section 20-908(6). b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties", as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant had received an approved grading permit for a grading plan that effectively managed the property's stormwater without necessitating the placement of new retaining walls within the drainage and utilities easement. Furthermore, plans for both the deck and walkout level door were approved without any retaining walls shown on the plans within the drainage and utilities easement. The applicant's difficulty in complying with zoning code is not the result of the City Code not permitting reasonable use of the property (lower level door, walkway, landscaping, etc.), but rather it is the result of improvements not shown on any plans and being constructed without permits in locations where they are not permitted. If the applicant had followed the approved grading and building permits, the property would have similar amenities and would comply with the City Code. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The applicant cites the expense involved in regrading the property to comply with the approved grading permit as a reason why the variance should be granted. This economic consideration does not justify the granting of the requested variances. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The plight of the landowner is entirely the result of work on the property being done without permits; there is no inherent circumstance unique to the property that would prevent it and its improvements from complying with the city's Zoning Code. The landowner started a grading project with no permit. The landowner worked directly with staff to develop a grading plan, upon which a subsequent grading permit 0 0 was based and approved. During these discussions, city staff made the landowner aware of the location of the drainage and utilities easements, the restrictions on what could be placed within them, and of the need for permits for new and/or relocated retaining walls. In response to this information, the landowner revised elements of the grading plan to minimize the placement of drain tile and other elements within the drainage and utilities easement and assured city staff retaining walls would not be located within it. The grading and construction activities that were subsequently conducted on the property are significantly different from what was approved and feature numerous walls located within the drainage and utilities easement. The applicant has stated that all of these improvements were located and installed by his contractor without the landowner understanding that there would be an issue; therefore, he claims that the plight was not created by the landowner. Given that city staff had numerous conversations with the landowner and developed the approved grading plan by working directly with the landowner, the city disputes that the landowner was unaware of what the property's grading was supposed to be or the approximate locations of the property's drainage and utilities easements. The landowner hired contractors to install improvements on the property and is ultimately responsible for the improvement installed at their request. If the landowner provided the contractor with the approved grading plan and the contractor took it upon themselves to install improvements beyond the scope of that plan or failed to obtain the required permits as specified in their contract, the proper remedy is civil action between the homeowner and contractor. A variance should not be issued to retroactively authorize improvements installed in violation of City Code at the landowner's request. e. The variance, if granted, will not alter the essential character of the locality. Finding: The presence of retaining walls and the associated landscaping does not alter the essential character of the neighborhood. Numerous properties in the subdivision have broadly similar retaining walls and landscaping features. These features are not aesthetically incompatible with the area. f. Variances shall be granted for earth -sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 6. The planning report #2020-15, dated August 18, 2020, prepared by MacKenzie Young - Walters, et al. is incorporated herein. 3 0 0 DECISION The Chanhassen Board of Appeals and Adjustments affirms City Engineer Howley's partial denial of the encroachment agreement and denies the variance request to allow the retaining walls to be located within the drainage and utilities easement. ADOPTED by the Chanhassen Planning Commission this 18' day of August, 2020. CITY OF CHAN14ASSEN BY:/? A,�y Steven Weick,yhairman &: Vlzn=O pfa®ing cases120-15 6893 highover drive var`fitdings of fact and decision 6893 highover drive (denid)_reviseddoc 4 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2020-15 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 16, 2020 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider an appeal of the city's denial of an Encroachment Agreement for retaining walls within Drainage and Utility Easements and variances from the city's prohibition on locating structures within Drainage and Utility Easements for a property located at 6693 Highover Drive. Zoned Single-FamBy Residential District (RSF). Property Owner: Joan Synstelien/Larry Synstelien. A plan showing the location of the proposal is available for public review on the city's web site at wwwci.chanhassen. mn.us/2020-15 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young -Walters Associate Planner Email: mwalters@ ci.chanhassen.run.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, August 6, 2020; No. 4908) 0 Affidavit of Publication Southwest News Media State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the General Manager the news- papers known as the Chaska Herold and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. �,/ (B) The printed public notice that is attached to this Affidavit and identified as No. 19 a was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghiikhmnopgrstuvwxyz qq y: � I ✓l�tlq.,,�� Laurie A. Hartmann Subscribed and sworn before me on this day of a 2020 (/��N ublic JYMMEJEANNETTEBARK NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 0131123 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter ............................................... $14.03 per column inch SCANNED 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2020-15 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 18, 2020 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider an appeal of the city's denial of an Encroachment Agreement for retaining walls within Drainage and Utility Easements and variances from the city's prohibition on locating structures within Drainage and Utility Easements for a property located at 6893 Highover Drive. Zoned Single - Family Residential District (RSF). Property Owner: Joan Synstelien/Larry Synstelien. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2020-15 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young -Walters Associate Planner Email: mwalters@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 6, 2020) sca NED g1p1an\2020 planning cazes\20-15 6893 highover drive var\ph notice to villager.docx CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 07/23/2020 2:18 PM Receipt No. 00444602 CLERK: ashleym PAYEE: Kelly Law Offices 7975 Stone Creek Drive Suite 120 Chanhassen MN 55317- ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 Zoning Appeal 100.00 GIS List 123.00 Total Cash Check Change MMMT ] SCANNED 673.00 0.00 673.00 0.00 `PG De--ya - lS