PC Staff Report 02-16-10
PC DATE: 2/16/10
IT]
CC DATE: 3/8/10
CITY OF CHANHASSEN
REVIEW DEADLINE: 3/15/10
CASE #: 10-05
BY: AK, TJ, AF, JM, JS
PROPOSED MOTION:
"The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a
Variance to construct a retaining wall within the Bluff Impact Zone subject to,conditions 1 through
10 in the staff report and adoption of the attached Findings of Fact and Action."
SUMMARY OF REQUEST: The applicant is requesting approval of a Variance to construct a
retaining wall within the Bluff Impact Zone.
LOCATION:
845 Creekwood Drive
Lot 1, Block 1 , Vogel Addition
APPLICANT:
Bobby Jensen
Bobby Jensen's Landscape Junction
8415 220th Street West
Lakeville, MN 55044
bobbv@landscapeiunction.com
952-985-7625
o'fy
James Schaffran
845 Creekwood Drive
Chaska, MN 55318
PRESENT ZONING: Agricultural Estate (A2) District
2030 LAND USE PLAN: Residential Low Density 1.4-2 Units/acre
ACREAGE: 2.2
DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
ADJACENT ZONING: The property to the north is Bluff Creek Golf Course zoned Agricultural
Estate (A2) District. The properties to the south, east and west are single-family homes zoned
Agricultural Estate (A2) District.
WATER AND SEWER: Water and sewer service is not available to the site. While the site is
located within the 2010 Municipal Urban Service Area (MUSA), sewer and water is not
anticipated to be extended to the site until future development occurs within the vicinity.
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for variance. The City has a relatively high
level of discretion with a variance because of the burden of proof is on the applicant to show that
they meet the standards in the ordinance.
Schaffran Variance
Planning Case 2010-05
February 16,2010
Page 2 of6
PROPOSAL/SUMMARY
The subject site is located south of Pioneer Trail and Bluff Creek Golf Course and west of State
Highway 101. The site is zoned Agricultural Estate (A2) District which permits single-family
homes. The subject site is located within the Bluff Creek Overlay district and contains a bluff in the
rear yard. The home was constructed in 1985 and predates the adoption ofthe Bluff Protection
(1990) and Bluff Creek Overlay District (1998) ordinances.
The applicant is proposing to construct a retaining wall in the rear yard to mitigate and stabilize
erosion within the bluff.
The majority of the residence is located within the Bluff Impact Zone, which was constructed prior
to the adoption of the Bluff Protection Ordinance. Therefore, the home is legal non-conforming.
The Bluff Impact Zone is defined as a bluff and land located within 20 feet from the top of a bluff.
All structures must maintain a 30-foot setback from the top of the bluff.
Schaffran Variance
Planning Case 2010-05
February 16,2010
Page 3 of6
However, Section 20-1401 (b) of the Chanhassen City Code states, "On parcels ofland on which a
building has already been constructed on June 1, 1991, the setback from the top of the bluff is five
feet or existing setback, whichever is more, for additions to an existing building. Any new
buildings will have to meet the 30-foot setback." The proposed retaining wall is farther down the
bluff and therefore requires variance approval. While a conditional use permit (CUP) is required
prior to new construction within the Bluff Creek Overlay District, Section 20-1554 (b) of the
Chanhassen City Code states, "All lots of record in existence and parcels ofland located within the
Bluff Creek Overlay District on which a principal structure has been constructed prior to December
14, 1998 (emphasis added), are exempt from requiring a conditional use permit. Further
subdivision of the property will require a conditional use permit and shall comply with the Bluff
Creek Overlay District." Since the residence was built in 1985, a CUP is not required to construct
the retaining wall.
Staff is recommending approval of the variance request because the proposed second wall will not
create a "yard", but rather will maintain the natural features ofthe site, stabilize the bluff, and
eliminate the current erosion problems. The proposed 3: 1 slope is consistent with the existing
topography of the site.
APPLICABLE REGUATIONS
Chapter 20. Article II, Division 3, Variance.
Chapter 20. Article IX. Agricultural Estate District.
Chapter 20. Article XXVIII. Bluff Protection.
Chapter 20. Article XXXI. Bluff Creek Overlay District
BACKGROUND
The subject site is located
in the Vogel Addition
platted in 1985. The
home on the site was
constructed in 1985, prior
to the adoption of the
Bluff Protection and
Bluff Creek Overlay
ordinances. The top of
the bluff is shown in
purple and as a reference;
the Bluff Creek Overlay
District Primary and
Secondary boundaries
are shown in orange.
The Bluff Protection
ordinance was adopted in
1990. The intent of the
Schaffran Variance
Planning Case 2010-05
February 16, 2010
Page 4 of6
Bluff Protection ordinance is to minimize the impact and erosion ofthe bluff and maintain the
natural character of the land. Structures are prohibited within the Bluff Impact Zone, which is
defined as a bluff and land located within 20 feet from the top of a bluff. All structures must
maintain a 30-foot setback from the top of the bluff.
Many of the trees along the bluff in the rear yard had been cleared and erosion problems existed
prior to the current owner purchasing the property. There was a failing timber retaining wall located
to the rear of the house, which was recently replaced with a boulder retaining wall in the same
location to stabilize the house foundation.
The applicant is requesting a variance to construct a second wall farther down the bluff along the
natural brush line to further mitigate erosion. In addition to the second retaining wall, the applicant
proposes to revegetate a considerable portion of the bluff with woody vegetation and native grasses
and forbs. The applicant is also willing to work with Water Resources staffto plant seedlings below
the retaining wall.
ANALYSIS
The current owner, Mr. James Schaffran, purchased the property in December 2007. At that
time, the land alteration within the bluff and the Bluff Creek Overlay District had already
occurred. An aerial photograph from 2006 shows that this area had been cleared of trees by the
time this area was photographed in the fall of that year.
One retaining wall existed on the property. This retaining wall was approximately 8 feet in
height and was constructed of 4" x 4" cedar material. The top of the wall was beginning to cant
out toward the south and several of the timbers exhibited significant decomposition. Based upon
visual observation, the wall did not appear adequate to bear the existing load behind it and
needed to be reconstructed. The upper wall was reconstructed in the same location, but the
significant grades below the wall still result in conditions well suited to gully erosion and slope
failure. In response to these conditions, the applicant is proposing a second wall to be located at
approximately the 915 contour line. Staff concurs with the applicant's suggestion.
When staff visited the site in October of2009, the
area was dominated by cocklebur plants with some
brome grass. There was no evidence of recently
cut stumps or slash to indicate that any clearing of
woody vegetation had occurred since Mr. Schaffran
took occupancy of the property. In approximately
the same location as the proposed second wall, two
prominent nick points have begun to form. These
nick points allow for continued head cutting. Left
unchecked, these areas will continue to erode and
additional gullies will develop, potentially
delivering more sediment to Bluff Creek.
Schaffran Variance
Planning Case 2010-05
February 16,2010
Page 5 of6
The wall shown in red is
the boulder wall which
replaced the failing timber
wall. The proposed wall
is shown in blue and will
average three feet in
height. The wall will
follow the natural curve
of the 915' contour.
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On the west side of the
site the wall will end at
the location where it
matches grade. This
should be just west of the
house comer extended.
923'+I-"typ.
The proposed wall will connect to the existing wall to the east and will step down. The height of the
step will be determined during construction of the wall to ensure adequate engineering and ability to
construct the three-foot tall wall.
The intent ofthe second wall is not to create a "yard", but rather to maintain the natural features of
the site, stabilize the bluff, and eliminate the current erosion problems. Therefore, the area between
the existing wall and the proposed wall will maintain a 3: 1 slope. This slope is consistent with the
existing topography of the site.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion and adoption of the
attached Findings of Fact and Action:
"The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a
Variance to construct a retaining wall within the Bluff Impact Zone as shown in plans dated
Received January 14, 2010 and adoption of the attached Findings of Fact and Action, subject to the
following conditions:
1. Erosion control measures are to be installed on the slope and maintained until final stabilization
is achieved. These measures should include staggered silt fence with J-hooks or staggered bio-
rolls with J-hooks.
2. The applicant shall vegetate the bluff in accordance with the Landscape Plan submitted by
Bobby Jensen's Landscape Junction, stamped "Received January 14, 2010".
3. No area within the bluff impact zone and below the more upslope retaining wall is to be
maintained as yard.
Schaffran Variance
Planning Case 2010-05
February 16,2010
Page 6 of6
4. No mowing shall occur within the Bluff Impact Zone except as needed per an approved
vegetation management plan to control noxious weeds or to establish native vegetation
consistent with the surrounding plant community.
5. Recruitment of seedlings from the surrounding seed source trees shall be allowed in the area
below the second retaining wall. No efforts shall be taken to control the growth of trees in this
area unless they are considered invasive, such as common buckthorn or black locust.
6. Imported soil materials need to be granular with no greater than 10% clay content to allow for
infiltration.
7. Location of drain tile outlets shall be such that it does not create a nuisance condition nor
promote erosion. Stabilization BMPs shall be placed at the discharge point and shall be
inspected by the Water Resources Coordinator.
8. The applicant shall work with staff to determine the height of the step when connecting the
proposed wall to the easterly portion of the existing wall.
9. The retaining wall shall be located no lower than the existing 915' contour.
10. A zoning permit shall be applied for and approved prior to construction."
ATTACHMENTS
1. Findings of Fact and Action.
2. Development Review Application.
3. Site Survey.
4. Landscape plan by Bobby Jensen's Landscape Junction, stamped "Received January 14, 2010".
5. Public Hearing Notice and Affidavit of Mailing.
g:\plan\20 10 planning cases\10-05 schaffran variance & cup\staff report b.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Bobby Jensen, on behalf of James Schaffran, for a Variance to construct a
retaining wall within the Bluff Impact Zone on property zoned Agricultural Estate (A2) -
Planning Case No. 10-05.
On February 16, 2010, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Bobby Jensen, on behalf of James Schaffran, for a
Variance to construct a retaining wall within the Bluff Impact Zone on property zoned
Agricultural Estate (A2), located at 845 Creekwood Drive, Lot 1, Block 1, Vogel Addition. The
Planning Commission conducted a public hearing on the proposed Variance that was preceded by
published and mailed notice. The Planning Commission heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District, A2.
2. The property is guided in the Land Use Plan for Residential Low Density.
3. The legal description of the property is: Lot 1, Block 1, Vogel Addition.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Due to the topography of the site, the
construction of the storm water pond in the primary zone is a reasonable request.
Finding: The subject site and the home predate the adoption of the Bluff Creek Overlay
District and the Bluff Protection Ordinance. The home and existing retaining wall were
built within the bluff setback and Bluff Impact Zone. Much of the vegetation within the
bluff was removed prior to the current owner purchasing the property. The removal of
the vegetation has caused significant erosion and runoff issues into Bluff Creek, as well
as unstable soils to support the home. The proposed retaining wall will reinforce the
existing retaining wall and mitigate the erosion and runoff into the creek. The applicant
proposes to plant additional vegetation to further stabilize the bluff and eliminate the
erosion problems on the site.
1
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification because of the topography of the
property.
Finding: The subject site is one of four homes located off of Creekwood Drive, all of
which predate the adoption of the Bluff Protection Ordinance. The topography of the site,
the location of the home and previous clear cutting of vegetation along the bluff has
created erosion and runoff problems. The addition of the second wall and re-vegetation
will have a positive impact on the bluff and Bluff Creek.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The purpose of the request is not based on the desire to increase the value or
income potential of the site. The intent is to reinforce the existing retaining wall
supporting the home, to stabilize the bluff and mitigate the erosion and runoff into Bluff
Creek.
d. The alleged difficulty or hardship is not a self-created hardship, but is due to site
topography.
Finding: The request is not a self-created hardship. The Vogel subdivision and
construction of the home predates the adoption of the Bluff Creek Overlay District and
the Bluff Protection Ordinance. The majority of the home is located within the Bluff
Impact Zone. There is a boulder retaining wall that replaced a failing timber retaining
wall supporting the house. Many of the trees and natural vegetation within the bluff were
removed prior to the current owner purchasing the home, which has resulted in significant
erosion and runoff issues into Bluff Creek. The proposed wall will mitigate the erosion of
the bluff and reinforce the existing retaining wall. As part of the application the applicant
is proposing to revegetate the bluff with plant species to further stabilize the slope and
reduce the rate of runoff.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood. The retaining wall will
have a positive impact on the surrounding area, including Bluff Creek by mitigating the
erosion and runoff into the creek and stabilizing the bluff.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The retaining wall will not impair the supply of light and air to adjacent
2
property or impact traffic congestion of the public streets or increase the danger of fire or
public safety or diminish or impair property values within the neighborhood. The
retaining wall will have a positive impact on the neighborhood and Bluff Creek.
5. The planning report #10-05 dated February 16,2010, prepared by Angie Kairies and Terry
Jeffery, et aI, is incorporated herein.
ACTION
The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a
Variance to construct a retaining wall within the Bluff Creek Overlay District and Bluff Impact
Zone, Planning Case #10-05, based on these findings of fact.
ADOPTED by the Chanhassen Planning Commission this 16th day of February 2010.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
3
Planning Case No. \ C> -oS
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
CITY OF CHANHASSEt\'
RECEIVED
JAN 1 4 2010
DEVELOPMENT REVIEW APPLICATION
CHANHASSEN PLA~JNING DEI'"
PLEASE PRINT
plicant Name and Address: \
b\.' Q.NSer0's "10e\so JJ <0cJ\.c I\}
8e.; I <; ;;2;)..0 51
LA---kk //1/&2 .J J.! 1\1
Contact: oob;j. J..e1U5J?r/
Phone: qS2-q€",\.. 7~2-'t Fax: tJ52 -78:{: B~7A
Email: ~hhr ~L;Orl{d S~ J~NoHCJ"A.). Cam
Property Owner t:Jam~ and Address:
.JA--;W?5; ~ h. a 'J' fA Ai
A.cf~ Cr~i:'lJ.Joo!J /J //
(" ----II rJ-s k:'lt
Contact: ...1. ~c--Y' f+..h.Pr-P/lJ
Phone: 452. 22.3 dJCt9 Fax: ~/A
Email: ~~~..pf; 'f.- ~ a () '-- f Co AI(
NOTE: Consultation with City staff is reauired prior to submittal, including review of development
plans
Comprehensive Plan Amendment
-t-- Conditional Use Permit (CUP) ~S
Temporary Sales Permit
Interim Use Permit (IUP)
Vacation of Right-of-Way/Easements (VAC)
(Additional recording fees may apply)
.$ Variance (V AR) d..o c)
Wetland Alteration Permit (WAP)
Non-conforming Use Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
1 Notification Sign - $200
(City to install and remove)
X Escro~.,rfiling Fe~s~ney Cost** IDO
- $50~PRNA~ AP/Metes & Bounds
- $450 Minor SUB
~2.L" cO
TOT AL FEE $ CJ :; ~ a:-~ lo04
Site Plan Review (SPR)*
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan ,sheet along with a digital copy in TIFF-Group 4 (*.tif) format.
. , 'It 1
**Escrow will be required for other' applications through the development contract.
. .
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for'
each application.
SCANNED
PROJECT NAME:
LOCATION: &15
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LEGAL DESCRIPTION AND PID: d S - 0 '1 ~Oa lO
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TOTAL ACREAGE:
WETLANDS PRESENT:
PRESENT ZONING:
REQUESTED ZONING:
YES
"i
NO
11-2
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PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
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REASON FOR REQUESl
To construct a Glacial Boulder Wall below an existing boulder wall to control runoff and erosion
in the rear of home that lies in the Bluff Creek Bluff buffer Zone. The home was built on the bluff before the buffer
zone ordinance was enacted and now encroaches on current set backs. The existing conditions, which are worsening
are a result of the slope being "clear cut" prior to the present ownership. The project will mitigate existing erosion
conditions by reducing and capturing the volume of runoff that now. exists. The project will mitigate the impact of the
original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination.
FOR SITE PLAN REVIEW: Include number of existing employees:
and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and th~~~ ownelFh~s also signed this application. "
.. \,_.~ -'. ..-.- ~..... .~
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
I 0
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/ Date /
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Date
g~ipJ,~n>~onRs\development review application,doc
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SCANNED
City of Chanhassen
Request for Variance
Written description of variance request.
To construct a Glacial Boulder Wall below an existing boulder wall to control runoff and
erosion in the rear of home that lies in the Bluff Creek Bluff buffer Zone. The home was built
on the bluff before the buffer zone ordinance was enacted and now encroaches on current set
backs. The existing conditions, which are worsening are a result of the slope being "clear cut"
prior to the present ownership. The project will mitigate existing erosion conditions by
reducing and capturing the volume of runoff that now exists. The project will mitigate the
impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from
further contamination.
Written justification of how request complies with the findings for granting a variance (pursuant to
Section 20-58) as follows:
a. That the literal enforcement ofthis chapter would cause undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape, or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances but to recognize that and develop neighborhoods pre-existing
standards exist. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
The project will secure the foundation of the home by reinforcing the first wall and correcting
severe erosion conditions. The project will reduce runoff to the ravine to the east and Bluff
Creek to the south. The project will mitigate existing erosion conditions by reducing and
capturing the volume of runoff that now exists. The project will mitigate the impact of the
original construction prior to the bluff ordinance and to protect Bluff Creek from further
contamination.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
SCANNED
This is a unique circumstance where the home was constructed before the Bluff setback
ordinance was enacted in 1990 and now sits in the setback.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
The purpose of the request for variance is to mitigate existing erosion and runoff
conditions by reducing and capturing the volume of runoff that flows into Bluff Creek.
d. The alleged difficulty or hardship is not a self created hardship.
The Hardship was not self created it is a pre-existing condition created before the
ordinance was enacted. The project will mitigate the impact of the original construction
prior to the bluff ordinance and to protect Bluff Creek from further contamination.
e. The granting of the variance will not be detrimental to the public welfare of injurious to
other land or improvements in the neighborhood in which the parcel is located.
The granting of the variance will not be detrimental to the public welfare of injurious to
other land or improvements in the neighborhood in which the parcel is located. On the
contrary it will be beneficial to the health of Bluff Creek and enhance the overall esthetics
neighborhood.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the publiC streets or increases the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
g. The project will neither impair an adequate supply of light and air to adjacent property
nor substantially increase the congestion of the public streets or increases the danger of
fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood. The goal is to protect Bluff Creek from further contamination.
SCANNED
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CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
February 4, 2010, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for the Schaffran Variance and Conditional Use Permit - Planning Case 10-05 to
the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the United
States mail with postage fully prepaid thereon; that the names and addresses of such owners were
those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and
by other appropriate records.
Subscribed and sworn to before me
this ~ day of kbr--u a nJ , 2009.
I
~~T~;~~~
KIM T. MEUWISSEN
Notary Public-Minnesota
My Commission Expires Jan 31, 2016
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o . .
ANNE & CLARA VOGEL
815 CREEKWOOD DR
CHASKA MN 55318-9643
DONALD E HALLA ET AL
10000 GREAT PLAINS BLVD
CHASKA MN 55318-9465
MARK D & KAY M HALLA
6055 HIGHWAY 212
CHASKA MN 55318-9250
TIMOTHY A & TERESA M VOEHL
770 CREEKWOOD DR
CHASKA MN 55318-9620
BLUFF CREEK GOLF ASSOC
PO BOX 1060
CHANHASSEN MN 55317-1060
JAMES R SCHAFF RAN
845 CREEKWOOD DR
CHASKA MN 55318-9643
SPENCER L & GLORIA A BOYNTON
TRUSTEES OF TRUSTS
777 CREEKWOOD
CHASKA MN 55318-9621
DARREN K BATCHELOR
925 CREEKWOOD DR
CHASKA MN 55318-9645
JAMES W SABINSKE
775 CREEKWOOD
CHASKA MN 55318-9621
TERRY B & GA YE E CARLSON
821 CREEKWOOD DR
CHASKA MN 55318-9643