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4 Conditional Use Permit , ,·1 1-::" I- '2 ! « u ::J Ia. ,IQ. c::( i ~ ~ .w I- - en 4. - CITY OF CHANHASSEH PC DATE: June 18,2002 CC DATE: July 8, 2002 REVIEW DEADLINE: 7/23/01 CASE #: 77-4 PUD B :A1-Jaff STAFF REPORT PROPOSAL: Revoke Conditional Use Permit for Outlot A of Kellynne Addition for a walkway easement to the shore of Lake Minnewashta. LOCATION: West of Lake Minnewashta, east of the "bubble" of Hawthome Circle APPLICANT: Dave PeteIjohn 3921 Hawthorne Circle Excelsior, MN 55331 (952) 8264470 Guy and Linda Meyers 3980 Hawthorne Circle Excelsior, MN 55331 (952) 470-6063 PRESENT ZONING: RSF, Single Fanúly Residential District ACREAGE: 2836.7 Square Feet DENSITY: N/A 2020 LAND USE PLAN: Residential Low Density (Net Density Range 1.2 - 4 Units per Acre) SUMMARY OF REQUEST: The applicant is requesting revocation of a conditional use permit for Outlot A of KelIynne Addition for a walking easement to the shore of Lake Minnewashta. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF DISCRETION IN DECISION·MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. LaKe St Joe ~ Location of Outlot A c: David & Sally Peter john and Guy and Linda Meyers _ June 18, 2002 Page 2 BACKGROUND . On July 17, 1978, the City Council approved a resolution approving the subdivision of 4.7 acres into 7 lots and one outlot, a conditional use permit for the use of Outlot A as a private beach lot for access to Lake Minnewashta and cul-de-sac frontage variances. The applicant entered into an agreement that stated the following: 1f 25. Restrictions On Use Of Outlot . a. Said Outlot A in the proposed plat shall be encumbered with restrictive covenants which shall regulate the use and maintenance of the subject property. Said restrictive covenants shall be recorded in the office of the Carver County Recorder after said covenants have been " approved by the City Attorney. b. No structure, dock, pier, boat slip, boat lift or hoist, either on said Outlot A or in . the waters of Lake Minnewashta between the easterly extensions of the northerly and southerly boundaries of said Outlot A shall be constructed or maintained by any person. No changes in the use of said outlot shall be permitted except by an amendment to the within conditional use , permit or by a rezoning of the premises. c. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of this permit and conditions may be added to the permit at any time if deemed necessary and in the public interest of the City following notice of public hearing and following public hearing thereon. A covenant, which was prepared by the owner of the property, and approved by the city attorney at the time, was recorded against the property (copy attached). The covenant gave Lots I and 2, Block I, and Lot I, Block 2 a perpetual easement over and across Outlot A, KelIynne, to the shore of Lake Minnewashta. , ¡ ¥ ~f (;¡ Q. OJ E ø OJ :> '" " = Lot 3 Block 1 :- f' ~ í l R r I, ~' I 1, City Owned Lot Lot 1 Block Lot 4 Block 1 Peterjohn ~Lot3.Block2 Outlot A I' ¡ ¡ ¡ ¡ ~ 1;; ~" t I '------ - - ------- David & Sally PeteIjohn and Guy and Linda Meyers June 18,2002 Page 3 - The soils on Lot 2, Block 1 and Lot 1, Block 2 were not suitable for development. They became city property through tax forfeiture. Lot 1, Block I, has fee title to Outlot A. REOUEST/ANALYSIS The owners of Lot 1, Block 1, and Outlot A (Meyers), are in the process of selling their home and Outlot A. The owners of Lot 3, Block 2 (peter john) wish to purchase the Meyers' property, combine the outlot with Lot 2, Block 2, and sell the house on Lot 1, Block 1, separately. The combination of Outlot A with Lot 3, Block 2 is fairly simple and can be done administratively. Prior to combining the property, the applicant wanted a release from the conditional use permit. Outlot A is 10 feet wide and widens to a 20 x 20 feet as it reaches the shore of Lake Minnewashta. It does not meet today's minimum standards for beach lots. View of Outlot A from Hawthorn Circle View of Outlot A as it meets the shore of Lake Minnewashta A culvert is located at the end of Outlot A, in the 20 x 20 foot area, carrying storm water into Lake Minnewashta. The city must retain a drainage and utility easement over Outlot A for maintenance purposes. Staff discussed this issue with Mr. Peter john and he expressed that he has no objection to the easement. The city has no other use for the property since it may not use its easement rights for public access to the lake. David & Sally PeteIjohn and Guy and Linda Meyers ...., June 18, 2002 Page 4 ~ Section 20-237. Revocation and inspection states "(a) Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use permit by the city council following a public hearing. ,~ The property owner shall be notified in advance of the city council's review of the permits. This beach lot is nonconforming and would not be permitted under today's standards (minimum .~ lot width of 200 feet, minimum area of 30,000 square feet, etc.). Based on review of the city files, previous owners of this outlot have attempted to moor their boat on the shore of Outlot A. Also, in a letter from the current owners, they state that the covenant governing Outlot A is very restrictive "and have caused us at times, to wonder why we even had the use of the Outlot". As far as city rights to the outlot, the only need is to access the culvert and maintain the pipe that . leads to it. This can be accomplished through the utility and drainage easement. Staff is recommending approval of revoking Conditional Use Permit attached to Outlot A, ;, Kellynne Addition with conditions. RECOMMENDATION: Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends revoking the Conditional Use Permit attached to Outlot A, Kellynne Addition, with the following conditions: I. A drainage and utility easement shall be dedicated over Outlot A in favor of the city, for maintenance purposes. 2. Outlot A shall be combined with the adjacent property, under a single Parcel Identification Number." I. Application and Notice of Public Hearing. 2. Memo from David and Sally PeteIjohn, dated May 20, 2002. 3. Letter from Guy and Linda Meyers, dated May 27, 2002. 4. Letter from the city to a former owner of Outlot A. 5. Development agreement and Covenants pertaining to Outlot A. A TT ACHMENTS: I '., CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937.1900 DEVELOPMENT REVIEW APPLICATION ... TELEPHONE (Day time) =; ~ 7 - '5 2 .f'. - '/ '/ ï rJ OWNER, ~q¡¡; ~ndiV 1l1jer6 ADDRESS: 1-1 /JJ.fhf) t/lr-d(V F.vrJ61'Df'.. MN Fj5.g3/ TELEPHONE: ¡qSfJ» Lf7D -h()bõ APPUCANT: /) /! v 1/) leT<=. 12.""0 H..v ADDRESS: ~;>72-1 Hrtu./rtfcJ/2-v-c ('/,¿ /"XCt,é ( <: I" IL rv-í / --v A/ , , _ Comprehensive Plan Amendment - Temporary Sales Permit - Conditional Use Permit _ Vacation of ROW/Easements - Interim Use Permit _ Variance _ Non-conforming Use Permit - Wetland Alteration Permit , _ Planned Unit Development' _ Zoning Appeal _ Rezoning _ Zoning Ordinance Amendment _ Sign Pennits _ Sign Plan Review _ Notification Sign - Site Plan Review' -K.. Escrow for Filing Fees/ Attorney Cost" ($50 CUP/SPRNACNARlWAPlMetes and Bounds, $400 Minor SUB) _ Subdivision' TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be Included with the appllcatiolL BuDding material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, Including an av." X 11" reduced copy of transparency for each plan sheet. - Escrow wm be required for other applications through the development contract ND1E - When muhiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION " TOTAL ACREAGE WETLANDS PRESENT YES NO PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION , /) . .' REASON FOR THIS REQUEST ' t· '- .7' ( ~.. (" r' ./ r" /" , . (' ,. ,-\.- /,. ( ,~ /'( (~.--.. 'r(/<"~/("~......-./ ... -..J ( é. . (."'" r /f '/.~:<L ..1':-(' , ;_. t.-:. ,"? .__"'..-( ~~ "!. _ This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten 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 shouid be processed in my name and' am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. ¡ 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 ",' .<. ,_, ( 1 . _:'~ / r' ..---< 'I"" ,/ '/'L,-,", /;.; Daté~ ~¡;?t~ ~ Dae :.- t)C L_ The cny hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. , Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. -"'~ cbrV [ýl ()-w .j, (.J ~.I .,- ( . 'v NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JUNE 18,2002 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Revoke Conditional Use Permit APPLICANT: David Peterjohn LOCATION: Outlot A, Kellynne NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, David Peterjohn, is requesting to revoke a Conditional Use Permit, allowing a walking easement to Lake Minnewashta, for Outlot A of Kellynne, located west of Lake Minnewashta and east of Hawthorne Circle, on property zoned RSF. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicanfs request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 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. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on June 6, 2002. City Review Procedure Variances require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. The staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a decision. "A City Council member, the applicant, or any aggrieved person may appeal such decision to the city council by filing an appeal with the zoning administrator within four (4) days after the date of the Commission's decision." "By majority vote, the city council may reverse, affirm, or modify, wholly or partly, the decision appealed from the Commission and to that end the city council shall have all the powers of the commission, or the city council may approve or deny the variance request. . ." Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Any person wishing to follow an item through the process, should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Minutes are taken and any correspondence regarding the application will be included in the report to the Commission. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. g:\user\vicki\variance notice. doc ..~ Smooth Feed Sheets™ EILEEN F BOYER 3630 VIRGINIA AVE WA'iZATA MN 55391 EILEEN F BOYER 3630 VIRGINIA WAYZAT MN 55391 MARK A & YOMARIE OLSEN 2961 WASlITABAYRD EXCELSIOR MN 55331 SUSAN I FIEDLER 3121 DARTMOlITH DR EXCELSIOR MN 55331 DONALD K & CHERL YN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 C JOANNE GINTHER 3131 DARTMOUTH DR EXCELSIOR MN 55331 THOMAS JOSEPH MERZ 3201 DARTMOUTH DR EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN 3211 DARTMOUTH DR EXCELSIOR MN 55331 ANDREW D & CATHERINE J SCOREY 2931 WASHTA BAY RD EXCELSIOR MN 55331 PETER B & PAMELA J STROMMEN 3221 DARTMOUTH DR EXCELSIOR MN 55331 .,.... 2IJp JEROME E COVENY 2921 WASlITABAYRD EXCELSIOR MN 55331 WAYNE A HOLZER TRUSTEE OF TRUST 2911 WASHTABAYRD EXCELSIOR MN 55331 JOHN L & LORI A WEBER 3220 DARTMOlITH DR EXCELSIOR MN 55331 GREGORY A & ROBIN M NIEMANN 3231 DARTMOlITH DR EXCELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 2941 WASHTABAYRD EXCELSIOR MN 55331 JONATHAN D & KRISTI K HARRIS 3241 DARTMOUTH DR EXCELSIOR MN 55331 DONALD M NICHOLSON 2901 WASHTABAYRD EXCELSIOR MN 55331 MINNEW ASlIT A SHORES INC C/O PATRICIA CRANE 6341 CYPRESS DR EXCELSIOR MN 55331 HAZEL P ANDERSON 2851 WASHTABAYRD EXCELSIOR MN 55331 BRUCE J & JEANNINE T HUBBARD 2841 WASHTABAYRD EXCELSIOR MN 55331 Use template for 5160® KRISTEN L ORTLIP 2831 WASHTABAYRD EXCELSIOR MN 55331 WILLIAM 0 & STEPHANIE NAEGELE 3301 SHORE DR EXCELSIOR MN 55331 EST ATE OF HARRYILOUlSE AHRENS C/O JERRY TESCHENDORF 14010 CENTER DR W LAKEWOOD CO 80228 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 HERBERT J & PATRICIA L PFEFFER 2850 TANAGERS LN EXCELSIOR MN 55331 RICHARD L & ANN M ZWEIG 3601 IRONWOOD RD EXCELSIOR MN 55331 ANNALEE MARIE HANSON TRUSTEE OF TRUST 6400 GREENBRIAR EXCELSIOR MN 55331 ROBERT W & SALLY P HEBEISEN 3607 IRONWOOD RD EXCELSIOR MN 55331 JAMES 0 JR & CHRIST AN GINTHER 3611 IRONWOOD RD EXCELSIOR MN 55331 DAVID C & DONNA B HOELKE 3621 IRONWOOD RD EXCELSIOR MN 55331 Smooth Feed Sheets™ 'lILLIAM P & MARGARET COLDWELL 501 SHORE DR iXCELSIOR MN 55331 TEVEN 0 & JUDY LEMMINGS 350 GREENBRIAR XCELSIOR MN 55331 1ARTlN & JANET L BEUKHOF 451 SHORE DR XCELSIOR MN 55331 UNNEW ASHT A HEIGHTS ASSN f/OJOHNWARREN. TREAS þ40 ELM TREE AVE XCELSIOR MN 55331 bUGLAS M & JODI B BERG 171 SHORE DR XCELSIOR MN 55331 AUL M & MARJORIE A MODELL 141 SHORE DR XCELSIOR MN 55331 ICHARD & STEPHANIE F WING ~81 SHORE DR I(CELSIOR MN 55331 JRN B MCKELLIP .020 RADISSON RD 'I(CELSIOR MN 55331 A YNE S HAGEN ·21 SHORE DR KCELSIOR MN 55331 , \RY A & KATHLEEN A MUSGJERD 31 TERRACE LN lNNETONKA MN 55305 f"""II' .. __._.. . 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V & ALYSSA S NESS 3732 LANDINGS DR EXCELSIOR MN 55331 CARVER COUNTY CARVER COUNTY GOVT CTR-ADMIN 600 4TH ST E CHASKA MN 55318 TIMOTHY M & MARY K O'CONNOR 3748 LANDINGS DR EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO 3764 LANDINGS DR EXCELSIOR MN 55331 KENNETH C DURR 48~~.~.~~T~ HO~ MN 55345 DANA L & NANCY M JOHNSON 6541 MINNEWASHTAPKY EXCELSIOR MN 55331 DEAN A & JACQUELINE P SIMPSON 7185 HAZEL TINE BLVD EXCELSIOR MN 55331 .Smooth Feed Sheets™ MINNEW ASlIT A CREEK HOMEOWNERS ao NANCY NARR 3950 LINDEN CIR EXCElSIOR MN 55331 CHARLES F & VICKI LANDING 6601 MINNEWASHTA PKY EXCELSIOR MN 55331 THOMAS & MARY ALLENBURG 6621 MINNEW ASlIT A PKY EXCELSIOR MN 55331 CARVER COUNTY CARVER COUNTY GOVT CTR-ADMIN 600 4TH ST E CHASKA MN 55318 ZOE K BROS 6631 MINNEWASHTAPKY EXCELSIOR MN 55331 JAMES A&JEANWAY 6641 M1NNEWASHTAPKY EXCELSIOR MN 55331 LEE R ANDERSON TRUSTEE OF TRUST 6651 MINNEWASHTAPKY EXCELSIOR MN 55331 BRUCE & KAREN BOSSHART 6671 MINNEW ASHT A PKY EXCELSIOR MN 55331 ROBERT M & PATRICIA A JOSEPH 6701 MINNEWASHTAPKY EXCELSIOR MN 55331 CARVER COUNTY CARVER COUNTY G ;p-("fR-ADMIN 6oo4THST CHA MN 55318 wrS .. ---- - LEE ANDERSON PLEASANT ACRES HOME OWNERS 6651 MINNEW ASlIT A PKY EXCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEW ASHT A PKY EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON 6810 MINNEW ASlIT A PKY EXCELSIOR MN 55331 STRATFORD RIDGE HOMEOWNERS ASN CIO KEITH F BEDFORD 3961 STRATFORD RDG EXCELSIOR MN 55331 DAVID R BARBARA M HEADLA 6870 MINNEW ASHT A PKY EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN 940 LAKE LUCY RD CHANHASSEN MN 55317 NANCY H WENZEL 6900 MINNEW ASHT A PKY EXCELSIOR MN 55331 CITY OF CHANHASSEN CIO BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 CARVER COUNTY ./ CAR~ER CO ¥-GOVT CTR-ADMIN 600 4 E C SKA MN 55318 RED CEDAR COVE TOWNHOUSE PO BOX 181 EXCELSIOR MN 55331 Use template for 5160@ STATE OF MINNESOTA IN TRUST ao AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318 JOAN E RASK 3728 HICKORY RD EXCELSIOR MN 55331 MARGARET PARSONS & JOHN L PARSONS 3732 HICKORY RD EXCELSIOR MN 55331 MICHAEL & SUSAN L MORGAN 3734 HiCKORY RD EXCELSIOR MN 55331 TIMOTHY J NELSON & DANA E COOKE 3724 HiCKORY RD EXCELSIOR MN 55331 JAMES E GARFUNKEL TRUSTEE OF TRUST 3738 HiCKORY RD EXCELSIOR MN 55331 ESTATE OF YORK 3716 HiCKORY RD EXCELSIOR MN 55331 ALFRED & CARLOTTA F SMITH 3714 HiCKORY RD EXCELSIOR MN 55331 GREGORY BOHRER 3706 HiCKORY RD EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 ~ Smooth Feed Sheets™ ¡ARY PETERSON 769 20TH AVE NW JEW BRlGHTON MN 55112 fl'LS COUNCIL OF CAMPFIRE GIRLS ~610 University Ave. W. ,to Paul, MN 55114 AMES & PATRICIA A MOORE [630 HICKORY RD 'XCELSIOR MN 55331 TEPHEN M GUNTHER & iELEN KATZ-GUNTER 628 HICKORY RD 1xCELSIOR MN 55331 RIC L & LINDA M BAUER 524 RED CEDAR POINT RD XCELSIOR MN 55331 TEVEN E & MARSHA E KEUSEMAN , ;22 RED CEDAR POINT RD !(CELSIOR MN 55331 A THLEEN LOCKHART }18 RED CEDAR POINT RD <CELSIOR MN 55331 )WIN L & LIVIA SEIM RUSTEES OF SEIM FAMILY TRUST '12 CHARLES DR eN LUIS OBISPO CA 9340 I . JMIR C PROSHEK ,13 RED CEDAR POINT RD XCELSIOR MN 55331 .. io\N D LARSON )9 RED CEDAR POINT RD ~CELSIOR MN 55331 .. ~ .......", DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 DK CONSULT B V ~LAAGNIEUWKOOP JESSICA BELLE LYMAN 3603 RED CEDAR POINT RD EXCELSIOR MN 55331 RICHARD E & NANCY J FRIEDMAN 3601 RED CEDAR POINT RD EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN 55331 BIRUT AM DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS R & ELLEN ANDING 3631 SOUTH CEDAR EXCELSIOR MN 55331 KATHLEEN LOCKHART 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 EMIL & P SOUBA 14025 VALE CT EDEN PRAIRIE MN 55344 HELEN MARIE ANDING CIO MARY JO BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 Use template for 5160® THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR EXCELSIOR MN 55331 EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 GEORGE H & MELANIE B WERL 4849 SHERIDAN AVE S MINNEAPOLIS MN 55410 JEFFREY L & MICHELLE A JOHNSON 3705 SOUTH CEDAR EXCELSIOR MN 55331 JILL D HEMPEL 3707 SOUTH CEDAR EXCELSIOR MN 55331 AARON & ADRIENNE THOMPSON 3711 SOUTH CEDAR DR EXCELSIOR MN 55331 MARIANNE I & RICHARD BANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR EXCELSIOR MN 55331 KENNETH W & RUTH J SMITH 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 KEVIN W & ANN J EIDE 3719 SOUTH CEDAR EXCELSIOR MN 5533l .Smooth Feed Sheets™ ROBERT C & ANN OSBORNE 3815 RED CEDAR POINT RD EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 55331 WILLIAM R & RENEE M HAUGH 3727 SOUTH CEDAR EXCELSIOR MN 55331 SCOTT A VERGlN 7311 DOGWOODRD EXCELSIOR MN 55331 KENNETH R & GLADYS BLOMQUIST 3900 MINNEW ASlIT ACT EXCELSIOR MN 55331 DAVID R WESTPHAL 3931 MINNEWASHTACT EXCELSIOR MN 55331 Use template for 5160@ fRITZ WILMER LARSON & MARILYN E LARSON 3940 HAWTHORNE CrR EXCELSIOR MN 55331 CITY OF CHANHASSEN C/O BRUCE DEJON 7700 MAR CH SEN GUY A & LINDA G MEYERS 3980 HAWTHORNE CrR EXCELSIOR MN 55331 MARK E AMBROSEN & L MARTIN & DONNA R JONES EDWARD L MONSER & ANN C SENN 7321 DOGWOOD KATHRYNMHOWARD 3830 MAPLE SHORES DR EXCELSIOR MN 55331 3920 HAWTHORNE CrR EXCELSIOR MN 55331 EXCELSIOR MN 55331 KENT J & JULIE A FORSS SHARON MANDERSON CITY OF CHANHASSEN 3850 MAPLE SHORES DR 3921 M1NNEWASHTACT C/O~ EXCELSIOR MN 55331 EXCELSIOR MN 55331 7700 MARKE PO BOX 147 CH EN MN 55317 GUY P POCHARD & JANET M QUIST ETAL LOWELL A & KATHRYN L PETERSON GABRIELE H WITTENBURG 7331 DOGWOOD 7411 MlNNEWASlITAPKY 3870 MAPLE SHORES DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 FRANCES T BORCHART RICHARD C LUNDELL GUY A & LINDA G MEYERS 7331 MINNEWASHTAPKY 7341 DOGWOOD 3980 HAWTHORNE CrR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 DONALD D & COLLEEN KLINKE 7301 MINNEWASHTAPKY EXCELSIOR MN 55331 STEPHEN & SANDRA BAINBRIDGE 7351 MlNNEW ASlIT A PKY EXCELSIOR MN 55331 WGER W OAS not DOGWOOD "XCELSI0R MN 55331 ~ WILMER & MARILYN LARSON 7380 MINNEW ASHT A PKY EXCELSIOR MN 55331 JOHN & JOYCE FOLEY C/O RICHARD J FOLEY 4804 DUNBERRY LN MINNEAPOLIS MN 55435 ALAN H & KAREN L DIRKS 7431 DOGWOODRD EXCELSIOR MN 55331 DAVID & SALLY PETERJOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 GETSCH CORP C/O JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 Smooth Feed Sheets™ -OBERT C & ANN OSBORNE ,15 RED CEDARPOINTRD XCELSIOR MN 55331 AMEs P & SUSAN S ROSS . '125 SOUTH CEDAR XCELSIOR MN 55331 IILLIAM R & RENEE M HAUGH }27 SOUTH CEDAR ''xCELSIOR MN 55331 ;'. ARK E AMBROSEN & LNN C SENN ~30 MAPLE SHORES DR I(CELSIOR MN 55331 ~NT J & JULIE A FORSS ':50 MAPLE SHORES DR XCELSIOR MN 55331 ,DY P POCHARD & ðJ3R1ELE H WITTENBURG ;70 MAPLE SHORES DR XCELSIOR MN 55331 RANCES T BORCHART !31 MINNEW ASHT A PKY (CELSIOR MN 55331 )NALD D & COLLEEN KLINKE \01 MINNEWASHTAPKY 'o(CELSIOR MN 55331 " 'EPIffiN & SANDRA BAINBRIDGE ,51 MINNEW ASHT A PKY XCELSIOR MN 5533l . 'JGER W OAS 01 DOGWOOD (CELSIOR MN 55331 ~ .. ---... , ., ;;' SCOTT A VERGlN 7311 DOGWOODRD EXCELSIOR MN 55331 KENNETH R & GLADYS BLOMQUIST 3900 MINNEW ASHT ACT EXCELSIOR MN 55331 DAVID R WESTPHAL 3931 MINNEWASHTACT EXCELSIOR MN 55331 L MARTIN & DONNA R JONES 7321 DOGWOOD EXCELSIOR MN 55331 SHARON MANDERSON 3921 MINNEWASHTACT EXCELSIOR MN 55331 JANET M QUIST ET AL 7331 DOGWOOD EXCELSIOR MN 55331 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR MN 55331 WILMER & MARILYN LARSON 7380 MINNEW ASHT A PKY EXCELSIOR MN 55331 JOHN & JOYCE FOLEY CIO RICHARD J FOLEY 4804 DUNBERRY LN MINNEAPOLIS MN 55435 ALAN H & KAREN L DIRKS 7431 DOGWOOD RD EXCELSIOR MN 55331 Use template for 5160® FRITZ WILMER LARSON & MARILYN E LARSON 3940 HAWTHORNE CIR EXCELSIOR MN 55331 CITY OF CHANHAS CIO BRUCE G 7700 T BLVD PO BOX 147 CH HASSEN MN 55317 GUY A & LINDA G MEYERS 3980 HAWTHORNE CIR EXCELSIOR MN 55331 EDWARD L MONSER & KATHRYNMHOWARD 3920 HAWTHORNE CIR EXCELSIOR MN 55331 CITY OF CHANHASSEN C/O~ :cï-'I·, !,',EU 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 LOWELL A & KATHRYN L PETERSON 7411 MINNEWASHTAPKY EXCELSIOR MN 55331 GUY A & LINDA G MEYERS 3980 HAWTHORNE CIR EXCELSIOR MN 55331 DAVID & SALLY PETERJOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 GETSCH CORP C/O JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 .Smooth Feed Sheets™ TROU-S-GLEN HOMEOWNERS ASSN C/O B F SCHNEIDER, TREASURER PO BOX 103 CHANHASSEN MN 55317 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 MARY ANN TESTER 3897 LONE CEDAR LN CHASKA MN 55318 TROLLS-GLEN HOMEOWNERS ASSN C/O B F SCHNEIDER, R PO BOX 103 MN 55317 MICHAEL S & JENNIFER STENSRUD 7510 77TH ST CHASKA MN 55318 MICHAEL P CORNELISON & LINDA J TRAINOR 751277THSTW CHASKA MN 55318 TERRANCE M & PAMELA JOHNSON 3898 LONE CEDAR LN CHASKA MN 55318 JOSEPH A & PAULA D EPPING 7508 77TH ST W CHASKA MN 55318 GETSCH CORP CIO MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 DAVID B & DIANE V ZAMJAHN 7506 77TH ST CHASKA MN 55318 ~_.._-_.- DAVID L & AMY M BUSCH 7504 77TH ST W CHASKA MN 55318 GREGG R & GAY MARIE JANDRO 3896 LONE CEDAR LN CHASKA MN 55318 IV AN & MILDRED UNDERDAHL 7502 77TH ST W CHASKA MN 55318 AUGUST B & AMY J SIEFKER 3895 LONE CEDAR CIR CHASKA MN 55318 GETSCH CORP CIO MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 DOUGLAS M & GINGER B POLINSKY 3894 LONE CEDAR CIR CHASKA MN 55318 JOHN & VERNA PETERJOHN 3892 LONE CEDAR LN CHASKA MN 55318 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 WILLIAM D & DEBRA J HUMPHRIES 3890 LONE CEDAR CIR CHASKA MN 55318 JAMES F & DOLORES LIPE 3880 LONE CEDAR LN CHASKA MN 55318 Use template for 5160@ CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 PETER T & DEANNA 0 BRANDT 7570 DOGWOOD RD EXCELSIOR MN 55331 SCOTT A BROIN & SHARON L PAULSON 3840 LONE CEDAR CIR CHASKA MN 55318 JEFFREY J & DEBRA J PAPKE 6180 CARDINAL DR S EXCELSIOR MN 55331 STEPHEN B & JANE C VONBEVERN PO BOX 874 CHANHASSEN MN 55317 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM Bm>œOX 26 CHANHASSEN MN 55317 ANTONINA Q FERNANDEZ 7620 CRIMSON BAY RD CHASKA MN 55318 ~ . ,Smooth Feed Sheets™ Use template for 5160® 1EMTOM COMPANY ;97 ANAGRAM DR .DEN PRAIRIE MN 55344 . .BRAHAM & DOROTH ;'50 ARBORET HANHA ARIAO OX 26 MN 55317 'ANIEL J & KAREN A HERBST 1640 CRIMSON BAY RD "HASKA MN 55318 . )BERT W & MARY M HAGEMAN & !lCHAEL E & JENNIFER GRAVES ~60 CRIMSON BAY RD -IASKA MN 55318 bB M & CALI L OLSON 00 CRIMSON BAY RD HASKA MN 55318 · ¡CHARD A & DARLENE J HANSON 50 CRIMSON BAY RD _fASKA MN 55318 · · · '.'11 " .. .. ''III ¡¡ ~ -'---.- Memo To: City Council Members of Chanhassen From: David and Sally Peterjohn Date: May 20, 2002 Re: Request to Revoke Conditional Use Permit - Outlot A Kellyene Addition We would like to request approval by the city council to revoke the conditional use permit for Outlot A, Kellyene addition. Outlot A is a non-conforming Beachlot that resides between our property at 3921 Hawthorne Circle and 3920 Hawthorne Circle. Outlot A is a 10-foot wide strip of land between the properties that widens to 20 feet at the lake. (Lake Minnewashta). The current fee title owners of Outlot A and owners of the residence at 3980 Hawthorne Circle, Guy and Linda Meyers have agreed to sell the Outlot A to us as they are moving out of state. Three pieces of property have conditional use of this property, the Meyers property at 3980 Hawthorne Circle, and two lots owned by the city at Lot 2 block 1 Kellyene addition and Lot 1 block 2 Kellyene addition. Each of the city lots has been designated wetlands and are not buildable lots. Our intent is to secure approval to revoke conditional use of the beach lots by the city, purchase Outlot A from Guy and Linda Meyers and file a corrective deed to merge Outlot A into our current property at 3921 Hawthorne Circle. The city would retain easement rights over the property for utilities and maintenance of a drainage pipe that runs through Outlot A. We have lived at 3921 Hawthorne Circle for 13 years. During that time, there have been 5 owners of 3980 Hawthorne Circle and subsequently Outlot A. In 3 cases, the . Page 1 , new owners never saw the covenants goveming the use of Outlot A prior to purchasing the residence. This has led to misunderstandings of beach rights. By purchasing Outlot A and merging it into our current property, we will be retiring a problem parcel of land and maintaining the city's access for easement and maintenance of the drainage pipe. We hope this action will be the cure of problems in the future for us, our neighbors and the city. i;.f · We would greatly appreciate your vote to revoke the conditional use of Outlot A by lot 2 block 1 and lot 1 block 2 of the city of Chanhassen. · Respectfully submitted, · I ('.~ 1./~ ¿ /1' (... -I.....-t'i. \ \ ~ ~J .....-. , (.,'.- ¿/..-- . · David and Sally Pete~ohn · · · · · · " · .. . Page 2 J · JUN-12-2002 09:55 LIFETOUCH NSS 952B265574 P.02/02 GUY & LINDA MEYERS 3980 Hawthorne Circle Excelsior MN 55331 (952) 470-6063 ._-~--_...-... May 27,2002 To: Members of the Chanhassen City Planning Commission' Members of the Chanhassen City Council Re: Request to Revoke Conditional Use Petl'l"lit - Outlot A Kellynne Addition We are the current owners of Outlot A and have lived here for 3 years. When we purchased our house at 3980 Hawthorne Orele, we were told of the existence of covenants pertainIng to the use of the Outlot. However, we did not see a copy of the restrictions until we actually closed on the house. The covenants are very restrictive and have caused us at times, to wonder why we even had the use of the Outlot. We have not been able to drive on the land, or leave any personal belongings of any kind on it. We have a boat, but have been unable to dock it because of the restriction of no pe/T11anent structure being built. After talking with the neighbors as well as talking with a City Planner, we discovered the intention of the Developer of our street. He had written up the Covenants for Outlot A so that Kellynne Lot 2 block l,and Lot 1 block 2, as well as our lot, would have beach access. Once the 2 other lots were deemed unbuildable, the use of the Outlot has fallen to the owners of 3980 Hawthorne Orele. We dedded pretty quickly that when we moved from the neighborhood, it would make sense to sell the Outlet to either of the neighbors to merge into their lots. Thus eliminating the confusion and misunderstanding that have occurred in the past between neighbors. Revoking the Conditional Use Permit to the Outlot would be beneficial to the City; restricting the use and abuse of so many people using Lake Minnewashta. It would also eliminate a potential problem for the neighborhood. Sincerely, Guy & Unda Meyers TOTAL P.02 CITY 0 F CHAIHASSEK -. ....-- ,,¡.' , / 690 COULTER DRIVE · P.O. :SÔX 147 . CHANHASSEN. MINf\ESOTA 55317 (612) 937-1900 ',. . July 5, 1988 .". Lyn Hall 3980 Hawthorne Excelsior, MN Circle 55331 Dear Mr. Hall: As you are aware, there have been complaints about the mooring of your boat located on Outlot A at the end of Hawthorne Circle. As I stated to you over the phone, the City does have control of the docking of boats and activities occurring on recreational beach- lots but does not have regulations on the mooring of boats within a lake. Upon site visit it was confirmed that your boat is moored in the lake but is anchored on Outlot A. Therefore it can be defined as being docked on the land and can be enforced by the recreational beach lot ordinance. The recreational beach lot ordi- nance would not permit the docking of a boat on Outlot A, there- fore, for the the boat to remain, the anchor must be removed from Outlot A. If the boat remains anchored to Outlot A, the City. will have the authority to require the boat to be removed. Should you have any questions, please feel free to call me. Sincerely, ~~ 0I5rA--\ Jo Ann Olsen Assistant City Planner JO:ktm " CITY OF CHANHASSEN KELLYNNE ADDITION CONDn'IONM, USE PERMIT,' DEVI::LOPMENT CONTRACT AND VARIANCI:: CON'l'RlICT WIIEREAS, application has been ",¿¡de by James K. McCleary, Carolynne McCleary, Clifford J. Carson and r~rdeth D. Carson as the fee owners of a tract of land lying within the Ci~y of Chanhassen and more particularly described on Exhibit A attached hereto and made a part hereof for subdivision approval, the necessary condi- tional use permits and variances from the literal provisions of the Chanhassen Subdivision Ordinances to allow subdivision of the above described tract into seven single family residential building sites and one outlot to be platted as the plat of Kellynne. Carver Coun ty, Hi nnesota; and WIIERElIS, the subject property is presently zoned R-l, Single Family Residence District; and \,IIEHE1\S, the 1\1'1'1 icants propose to use Outlot A as a ~~lghborhood association beach lot; and \-IIIEHE1,S, use of Outlot i\ as a private beach ,lot is per- mi tted on'lands '£c;n'cd-'ï~--r'6niy 'ûpôñ-[5sü-;,i1c,ë'of' a c:ònâì dôna 1 use' p':,r'l\ín:às"!orov iJcÙ'Tn_.C¡i~~,:,~",:,senÖrdi"ance 4" ; and . .' \mEHEAS, Section 23.05 of the Chanhassen Zoning Ordinance authorizes the Chi1Jlhàssen cityCoúncil 'to ilTlE~se c:,~nditJ;Q.!\_s.:.upon,' ' the granting 01: a coniTn.J.õniíT'ü·seEermi t to insure compliance and 'tô"prõtëët adjacent propert{es; a-~d-' -..-. ,,-,.---. ," -...-- ---..., WHEHEAS, the Applicants have reguósted cul-de-sac frontage variances from the design standards of the Chanhassen Subdivision Ordinance; and \'iIIEIŒlIS, it is the policy of the City Council to impose condi tions upon tlw <jrill1ting of such va)'iances to insure compliance with other applicable City Ordinances and to protect adjacent properties; and ~IEHElIS, ¿¡ public hearing was held by the Chanhassen Pli,nnin<j Commission on ~lay la, 1978 to consider public comment on the proposed subdivision and the granting of the conditional use permit for a neighborhood association be¿¡ch lot; and n \-IHERElIS, the City Planning Commission has given consideration to the application and has recommended, upon certain conditions-;---- the grant of a conditional ·use permit and the approval--oT'the tronfagc \/aiTäñcó'siínd 'iifoprõvaT c)f"thé !)'ro!)Õscdþlat of Ke11ynne; and ,.. ---- --_._~--- -- \ HHE:REAS, the Chanhassen City Council has, by its resot~.,. \ .tion da ted July 17,. I ~7~ '_ .?pprove.~_.~he con~i ~~on~~.'permi t aPf:.!lca t.ion, SUb<11V1s10n requesE,ïnd var1ance requests of the ApP!1eants, subject to and on condition that the Applicants enter into this agreement. c NOW, 'l'IIEREFORJ:, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City"), of the Applicants' proposed plan, the~rantinq of a conditional use permit to the Applicants herein 'to'deve.lop and main- ta1n Uutlot A as a pr1vate beach lot tor access to Lake M1nnewashta~ ana the approval 01 the App11cants' trontage requirements variance requests, the City and the Applicants agree as follows: 1. Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and eguipment in connection with the installqtion of the following improvements in accordance with the prelimin¿Jry plat described in Section 27 below. ð. Street grndillg, stnbiliziny and bituminous surfacing; b. Surmountable concrete curbs and gutters; c. S.:1nitary SC'v.:er mains; d. \':'-:1 tcr J¡lai ns; c. Stornl and surface water c1rainagc; f. Street signs; g. Uoulevard Sodding; h. Urive,,'ay surfacing within the public street right of way; i. Underground utility lines; and j. Street lighting. 2. Standards of Construction. Applicants agree that all of the foregoing improvements shall eg'ual or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City enyinecrs. -2- 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall egual or exceed City standards and "lwcif1cations, and shall be Subject to Lho inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done ane\~ to th" satisfaction and apP1-oval of the City "t the cost and expense of Applicants, 4. Schedule of ¡vork. The lIpplicants shall submit a written schedule indicating the. proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the lIpplicants have no control which will delay the completion of the work, the City, in its discretion, may extend the dates herein- after specified for completion. .. 5. Roaù~, Sanitary Sewer, Water and Storm Sewer Facilities. a. Plans and Specifications. The lIppli.cants agree to cause their engineers to prepare all plans and specifications neces- sary for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities, including a final grading plan in and for said plat, said plans and specifications to be. in substantial accord with the proposed plans Lhereof prepared by Gordon R. Coffin Company, Inc., anù dated ___.__..___.._.. 1978, with the following modifications: i) The lIpplicants may, at their option, reduce width of improved street by up to twenty-one inches. iil All plans and specifications shall be subject to the final approval of the City Engineers. iii) Street configuration shall be governed by the Site Plan and Preliminary Plat which was approved by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chnnhassen zoning Administra- tor as "May 24, 1978 Planning Commission Exhibit ,....". b. As-Built Plan. Upon completion of construction, Applicants shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. c. Easements. lIpplicants, at their expense, shall aC'luire all easemcÏ1i:s from abulling properly monel'S necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. Reimbursement of Costs. The lIpplicants shall reim- burse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereby by the Applicants. - 3- --- 7. Disclaimer by Cit.Y.. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liåble or responsible in any manner to the Applicants, the Applicants' contractors or sub-contractors, materialmen, laborers; or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the ..'1pplicants will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 8. Written Work Orders. The Applicants shall do no work nor furnish materials not covered by the plans and specifications for which reimbursement is expected from the City unless a written order for such work or materials is receivcd from the City. Any such work or materials which may be done or furnished by the Appli- cants without such written order first being given shall be at their own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amount, which is c'Jual to 110 percent of the tot,ll cost of the improvements as estim3ted by Schoell & ¡·Iadson, Inc., the City Engineers, as follows: Total Estimated Cost: Escrow Deposit - 1101: $46,199.00 $50,819.00 10. lJoulev3rds and Driveways. The Applicants agree to furnish, construct and install, at Applicants' sole expense, the following improvements for the benefit of each lot within the plat in accordance with the preliminary plat described in Section 27 below: a. Boulevard sod, which shall be of uniformly good 'Juali ty. b. Driveway surfacing within the public street right- Of-way, the materials and initallation of which shall bc approved by the City Engineers. -4- ---_._---- ---- For the purpose of "ssurin~ to the City that the improvements required by this Paragraph 10 shf11 be constructed and installed according to the requirements of this agreement, Applicants, or their assigns, agree to deposit the sum of $ per lot with the City at the time application is made for a building permit for each lot. Said deposit shall be returned to the Applicants or their assigns upon approval of the installations by the City. 11. Erosion Control. Applicants, at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimenta- tion and erosion of lands and roads \.ithin and outside 'the plat during all phases of construction, including construction on indivi- dual lots. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants, their agents or assignees upon the lands described in Exhibit A hereto. 12. Access. Reasonable access, including temporary ~radin~ and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street Light~. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City months after the completion of installation of the street lighting- system, or after _ of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement of , Defective Work. All work and materials performed and furnished hereunder by the Ap~licants, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Applicants at Applicants' sole expense. 15. Liability Insuranc~. The Applicants shall take out and mainta in,. so long as the Appl icants' obI iga tions under paragraph 14 above continue, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Appli- cants shall file a copy of the insurance coverage with the City. 16. \~ater and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. -5- 17. ConveY,1Ilce of Improver.len ts. Upon completion of the installation by Applicants of t~e improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicants shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Applicants fail to so convey said improvements, the same shall become the property of the City without further notice or action On the part of either party hereto, other than acceptance by the City. .. 18. Building Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for resi- dential construction within said plats upon payment of all fees and charges applicable to the issuance of permits. Applicants agree that issuance of a building permit on Lot 3, Dlock 2 of the subject plat shall be contingent upon determination by the City Engineers that soil conditions on said lot <.Ir" adequate for the construction of a single family residence. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until the bitu- '"inous base course of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. 19. Remedies Upon Default. a. Assessments. In the event the Applicants shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, if it so elects, may cause any of the improvements des. cribed in Parayraph 1 above to be. constructed and installed, and may Cause the entire cost thereof, includin~ all reasonable engineering, legal and administrative expense incurred by the Cit~ to be recovered as a special assessment under M.S. Chap. 429, in which case the Applicants agree to p"y the entire amount of the assessment role pertaining to any such improvement within thirty (30) days after its adoption. Applicants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants' real property within said plan for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's l1ens under the laws of the State of Minnesota. -6- b. Performance ßond. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the I\pplicants shall. reimburse the City for any expense incurred by the City in remedying the conditions crea ting the emergency. c. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within contract and permit to restrain or abate violations of the within contract and permit, or to prevent use of occupancy of the proposed dwellings. . 20. Special Condi tions. Landscaping and location of struc- tures on individual lots shall be determined through discussions between City staff and I\pplicants or their assigns prior to issuance of building perm1ts, subject to the fOllowing standards and conditions: a. l~ndscaping and location of structures shall taku into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. b. .1]j the CVI...'nl ùqrC'cm(~nt c,ìnnot be reached between thu City sLaff anù I\pplicants or their assigns, the City shall have the right, at the expense of the I\pplicants or their assigns, to engage the services of the City Engineer, Planner, a land- scape architect, a soil conservation consultant '1I1d others to aùvise <1S to specific problems. c. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree rcmoval, after consultations with the City Forester. d. Applicants agree to provide individual site drainage, basement waterproofing and footing drains for each residential structure to be constructed within the subject property. 21. Receipt of Engineers' "eport I\cknowledged. Applicants acknowledge receipt of the report of Schoell & Madson, Inc., City Engineers, dated May 5, 1978, relating to existing water services and existing sanitary sewer services to serve the plat, and agree to -7- -..------ be bound by the determination of the City regarding any redistribu_ tion of existing assessments, the imposition of future assessments for proposed lots for sanitary sewer and watermains. 22. Easements To Be Shown On Plat. Drainage and utility c~scments on all lots shall be shown on the final plat. 23. Trees To Be Provided. The Applicaryts shall provide each lot with one boulevard tree of a specie acceptable to the City Forester and o[ a diameter of not less than 1-1/2". 24. Easement Over Outlot. The owners, thei~ heirs and assigns or Lots 1 and ~, Block 1 and Lot I, Block 2, Kellynne shall have a perpetual casement Over and across Outlot A, Kellynne [or .'ccess to La),,, Minnewashta, trom the road shown in the plat of Kellyne to the shore of Lake Minnewashta. 25. Restrictions On Use Of Outlot. a. Said Outlot A in the proposed plat shall be encwn- bered with restrictive covenants which shall regulate the use and maintenance of the subject property. Said restrictive covenants shall bc recorded in the office of the Carver County Recorder after said covenants have been approved by the City Attorney. b. No structure, åock, pier, boat slip, boat lift or hoist, either on said Outlot A or in the waters of Lake Minnewashta between the easterly extensions of the northerly and southerly bound- aries of said Outlot A shall be constructed or maintained by any person. No changes in the Use of said outlot shall be permitted except by an amendment to the within conditional use permit or by a rezoning of the premises. c. The City reserves the right to review the within conditional Use permit at any time to determine compliance with all conditions of this permit; and conditions may be added to the permit at any time if deemed necessary ilnd in the public interest of the City fallowing notice of public hearing and following public hearing thereon. 26. Address of Applicants. The address of the Applicants [or purposes of this conditional use permit and variance contract is: 1~33 'l'railwood North, Hopkins, Minnesota 55343. 27. Final Plat. The Applicants agree to proceed immediately with the preparation of their final plan which shall conform to their preliminary plat which was approveå by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chanhassen Zonin'] Admini strator as "M"y 2~, 1978 Planning Commission Exhibit A". -8- 28. Proof of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they are fee owners of the subject property. 29. Successors And Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. 30. Effect of Conflictin Ordinance Provision. The parties hereto ac nowle ge t at t e plat escrl e In ection 27 above conflicts with the literal provision for lot widths contained in Section 8.06 of the Chanhassen Subdivision Ordinance. The parties hereto further acknowledge that in accordance with the above described resolution of the City Council approving certain variances to said Section 8.06, the proposed development may be platted in accordance with the preliminary plat described in Section 27 of this contract and permit. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF CHANHASSEN By~~~ Mayor (~/1jffttæD "h1éCÜ~ / Carolyn e McCleary /' /1 /f . Attest: " A' Clerk/Manager ;/" / f ./" .-j--- STATE OF MINNESOTA } } ss. COUNTY OF CARVER } On this //,;1" d day of ~;r- , 1979, before me, a notary publi~ within an for said/Count~, personally appeared -tlj,1.J::ti:.v /./.~/J.;.4/ ' " and [),L-J;J (t...:JAA,_:"V~v'J:. ' ' ' , to me person- ally known, who, beIng each by me duly sworn, dId say that they are respectively, the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authori t?' of its City Coync1l and said L(J(c( fÚ.. I.I.~~"~' and /YIvV ä.<lIt-,,-,,<,/;:--<..,G acknowledged said instrument to be the free act and deed of said corporation. STATE OF OREGON ) ) COUNTY OF WASHINGTON ) '~(¿,.J'-,-l¿;)¿{ ILiL<-d-¡'- /,/;, 1.,,'. c: Notarr Public L~<.L"-'V County, Mlnnesota My commlsSlon expires (%01>....1'-'-_.// /5'P\- '''''',-;. KAREN J. ¿;;¿;~'L~:~~;} ,Ç;. .!!Å.~ NOTA"::::""" ..r,'!r'~.'ESOTA ~~Jf~ CAìí\iL,'=! COU¡.,jTY \~J. My Commls~,,'" L ",,~.Cd 11,19ÔSj -.; -.,,,-",',,.#,", .11#- ss. On this 1~ day of June , 1979, before me, a notary public, wit ln and for sald County, personally appeared James K. McCleary, to me known to be the person described in, and who e~ecuted the foregoing instrument, and acknowledged that he executed the same as his free act and deed. )1 a4t/1cJlJ>-6;~~L'L Notary Public Washington County, ~OREGON My commission expires May 30, 1982 STATE OF OREGON ) ) ss. COUNTY OF WASHINGTON ) On this 14 day of June , 1979, before me, a notary public, withln and for sald County, personally appeared Carolynne McCleary, to me known to be the person described in, and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. K [Ü,rf¿/\/l111z:£ A / " Notary Public Washington County, ~OREGO: My commlssion explres May 30, 1982 Plat of Kellynne '. E X H I U I T A All of the Northerly 333.7 teet of Government Lot 4, in Section 8, Township 116, Range 23, Carver County, Minnesota lying West of the Westerly shore of Lake Minnewashta, excepting the Westerly 150.0 feet of the Southerly 191.7 feet of the Northe~Ly 333.7 feet of said Government Lot 4, and excepting that portion lying within the right of way limits of Courity Road 15 as now laid out and constructed. ££!~!~~!~ James K. McCleary and Carolynne McCleary, his wife, owners of land described as Lots 1, 2, 3 and 4, Block 1, and Lots 1, 2, and 3, Block 2, Outlot A, Kellynne, Carver County, Minnesota, for the purpose of creating and specifying the rights of the owners of certain of the above described lots over said OutlQt At hereby covenant as follows: 1. The owners and their heirs and assigns of Lots 1 and 2, Block 1, and Lot 1: Block 2, Kellynne, Carver County, Minnesota, shall have a perpetual easement over and across Outlot At Kellynne to the shore of Lake Minnewashta; provided, however, that no such person shall construct or maintain any dock, pier, boat slip, boat lift or hoist, either on said Outlot A or in' the waters of Lake Minnewashta between the easterly extensions of the north and south boundaries of said Outlot A; nor shall any such person drive any motorized vehicle on or over G~íd Outlot A. 2. No person shall cause or allow to be parked, stored or placed upon Outlot A any vehicle, trailer, boat, structure or personal property of Bny kind whatsoever whether or not a part of the real estate. 3. The owners and their heirs and assigns of said Lots 1 and 2, Block I, ~ and Lot 1, Block 2, Kellynne, shall maintain said Outlot A and keep it free of noxious weeds~ trash, litter and garbage. and shall keep any grass thereon mowed. All OWlt~rS of Lots 1 and 2. Block I, and Lot I, Block 2, and each of them, Jre obligated to maintain said Outlot A according to the terms of this covenant, and said obligation may be enforced in any court of jurisdiction by the City of Chanhassen or by any owner of Lots 3 and 4, Block 1, and Lots 2 and 3, Block 2.' , As an additional remedy, the City of Chanhassen or any Owner of Lots 3 and 4, Block I, and Lots 2 and 3, Block 2, may recover by action in a Court of juris- diction from said owners of Lots 1 and 2, Block I, and Lot I, Block 2, or any of them, all amounts resson3bly expended by the party recovering for maintenance of Outlot A as set forth herein if said expenditures were made after seven (7) days from written demand upon any such owner of Lot I and 2, Block 1, and Lot I, Block 2. 4. These covenants are for the mutual benefit of all owners of land in Kellynne. Carver County. Hinnesota. and the easements herein shall remain forever for the benefit of and encumbrances against Lots 1 and 2. Block I, and Lot 1. Block 2. Kellynne. Carver County. Minnesota. WHEREFORE, the undersigned have hereunto set their hands on this 14 day of June ,1979. r~$O/1ï)LUJ¡~ Carol ñne Mc~leary OREGON STATE OF 1fS!!!t... ) )ss. COUNTY OF WASBINGTO~ - The foregoing instrument was acknowledged before me this 14 day of June, 1979, by James K. McCleary and Carolynne McCleary, husband and wife. James K. McCleary and Carolynne McCleary. husband and wife. BY /(O~ ',\ , J\' \.\ I Karlena Thoma Signature of person taking acknowledgment. Commission Expires: May ~O, 1982 , , ,'I! .\\ ' NOTARY STAMp· OR SEAL