Letter from Page Law Firm 09-11-2014H. KELSEY PAGE, ESQ.
V Mr. Todd Gerhardt
City Manager
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
PAGE LAW FIRM
5101 THIMSEN AVENUE
SUITE Zoo
MINNE- "ONKA, MINNESOTA 55345
September 11, 2014
4 -C)
TELEPHONE: (952) 474-4406
FACSIMILE;: (952) 474 -5270
page.kelsey@gmaii.com
Re: Notice of Claim Pursuant to Minnesota Statutes Section 466.05; My Client: Mr. Paul
A. Seeman; Boulder Cove Development — Lennar Corporation
Dear Mr. Gerhardt:
I communicate with you as attorney for Mr. Paul A. Seeman, Chanhassen resident at
6330 Church Road.
The City is hereby advised pursuant to Minnesota Statutes Section 466.05 that Mr.
Seeman makes claim against the City of Chanhassen in on amount over Fifty Thousand
Dollars ($50,000.00). This claim is for misconduct of the City Planning Department,
City Council and potentially other City employees and/or departments. The factual basis
for this claim as far as can be determined at this juncture involves the following:
1. City staff willfully failed to make a bona fide effort to notify residents within 500'
of the Boulder Cove Development of the application tendered to the City by
Lennar Corporation for subdivision and variance in violation of Chanhassen City
Ordinances Nos. 18 -39 and other applicable ordinances and State Statutes.
2. City staff failed to verify the list of residents within 500' of Boulder Cove
submitted by Lennar Corporation to the City for compliance with City Code
Sections 20 -517 and 18 -37 regarding public hearing.
3. City staff misrepresented to the Chanhassen Planning Commission that all
residents within 500' of Boulder Cove has been mailed notice of Planning
Commission Meeting of April 1, 2014. No bona fide attempt was made to notify
Mr. Seeman.
4. The City staff failed to provide Mr. Seeman with notice of City Council
proceedings regarding plat approval/subdivision of Boulder Cove. Mr. Seeman
was entitled to notice as within 500' of said development.
5. The City staff failed to verify Lennar Corporation met with residents within 500'
of Boulder Cove development. No notice was received of any such meeting by
Mr. Seeman. This was a violation of Chanhassen Ordinance, No. 18 -39.
6. The City staff willfully failed to assure residents in close proximity to the
proposed Boulder Cove development were noticed and met with by the developer
Lennar Corporation as required by City Ordinance, No. 18 -39.
7. The City staff failed to verify that proposed development signage was
conspicuously placed on the Lennar Corporation premises as required by City
Ordinance Section 18 -39.
8. That the City granted subdivision, including variances which negatively affect
W. Seeman's property. Due to an enormous increase in traffic on Church Road,
substandard for the increased traffic.
I have advised my client that actions taken by City staff violate City Ordinances. Please
rescind that plat approval and variance approvals and require Lennar Corporation to
resubmit plans for development in strict compliance with Chanhassen ordinances. I have
advised my client that he has rights and remedies, including but not limited to commence
litigation against both the City and Lennar Corporation for damages and injunctive relief.
Mr. Seeman's property has clearly been devalued by the City approvals with traffic,
noise, pollution, etc., all allowed beyond the zoning for the area.
Please advise what actions that City plans to take to rectify the improper grant of
subdivision and variance. If I do not hear back from you in short order, I have been
authorized to and will exercise available remedies.
Very truly yours,
PAGE LAW FIRM
H. Kelsey Page
cc: client
Lennar Corporation, Attn: Jablowski/Tabone
ajk
Netw/Se w/Gerhwdt, Todd 9 -11 -14