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Denial Letter 1-13-09 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227,1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 159lPark Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site WoNW.ci.chanhassen .mn.us January 13,2009 Mr. Fred Bruning Sawhorse Design & Builders 4740 42nd Avenue North Robbinsdale, MN 55422 Re: Ambrosen-Senn Variance Planning Case #08-24 Dear Mr. Bruning: This letter is to confirm that on January 12,2009, the Chanhassen City Council denied Variance #08-24 for 3.7% hard surface coverage variance on property located at 3830 Maple Shores Drive (Lot 7, Block 1, Maple Ridge Addition) with the following conditions: 1. The site must comply with the 25% maximum hard surface coverage requirement as outlined in the City Code. 2. Excess hard surface coverage must be removedandrevegetated no later than May 31,2009. 3. An as-built survey, signed by aregisteredlandsurveyOJ--, is required and must be submitted no later than June 15,2009 to ensure compliance. 4. Final building .inspection\.YillnofbeaPPf<>yeduntilye:qficatio)lo(colIlpliance; . Enclosed is a copy of the signedesprowagl'eementforyourreference.$h6uld you have any questions,.pleasyfeelfree to contact me. at (952) 227-1132 or aauseth@ci.chanhassen.mn.us: . . Sincerely, ~ Angie Auseth Planner I Ene. ec: cc: Kate Aanenson, Community Mark Ambrosen and Ann Senn Building Permit File g:\plan\2008 planning cases\08-24 ambrosen-senn variance\08-24 denialletter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 1',(') ,,;) "'-I l~"D ~.... , ESCROW AGREEMENT This Agreement is made as of Ii Nov , 2008 by and between Mark Ambrosen and Ann Senn, husband and wife ("Applicants"), and the City of Chanhassen, a Minnesota municipal corporation ("City"). RECITALS A. The Applicants are the owners of real property located at 3830 Maple Shores Drive in the City ofChanhassen (the "Property"). B. The Applicants have applied for a building permit for the construction oC a building addition (the "Building Addition") to the Property. C. Construction. of the Building Addition results in 28.5% impervious coverage, which exceeds that which is allowed by City Code. D. The Applicants have applied for an impervious surface coverage vanance (the "Variance"). E. The Applicants have submitted plans (the "Plans") with the building permit that indicate that certain impervious areas (the "Impervious Areas") on the Property will be removed in order to comply with the City's impervious surface requirement in the event that the Variance is not granted. F. The estimated cost to remove the Impervious Areas and revegetate with seed and mulch is $4,000. AGREEMENT NOW, THEREFORE, in consideration of the facts recited above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. .. Establishment of Escrow. The Applicants hereby escrow with the City the sum of $4,000 (the "Funds"), to be held pursuant to the terms of this Agreement. The Funds must be deposited by the Applicants in cash. 2. Completion of Work bv the Applicants. The Applicants agree to construct improvements as shown on the Plans. The Impervious Areas must be removed and revegetated by May 31, 2009 unless the City has granted a variance. If the Applicants do not remove and revegetate the Imprevious Area, in the event a variance has not been approved, by May 31, 2009, the City may draw down the escrowed funds and the City and it's contractor's may enter the property and do the work. 3. Return of Funds to the AJ!Q.licants. Unless the City has drawn down the escrowed funds as provided herein the Funds shall be returned to the Applicants, without interest, when the Impervious Areas are removed and revegetated. In the event that the Variance is granted, the Funds shall be returned to the Applicants. 6. . Amendment of Escrow. No rescission or modification to this escrow agreement shall be effective without written consent ofthe City and the Applicants. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. PROPERTY OWNERS: ~ Mark Ambrosen rJl!::-~ STATE OF MINNESOTA ) ( SS. COUNTY OF CARVER ) i\M..{ . The foregoing instrument was acknowledged before me this ~ day of '''V1e.~Y , 2008, by Mark Ambrosen and Ann Senn. e.. . ....c-.:.>;';~: JESSICA A. MEIN~r::R ~;: 1I~ ~, NOrMYPW.IC. MINNE80TA .:f My <Di. IulN ~./tn. 31. 201Z. ~ By Not My