Affidavit of Maria Pieternella Knight 09-15-2015AFFIDAVIT
of
Maria Pieternella Knight
Maria Pieternella Knight, on oath, deposes and states as follows:
1. I live at 3605 Red Cedar Point Rd., Excelsior MN 55331, directly to the west of the
applicant at 3603 Red Cedar Point Rd.
2. I bought this "adjacent' property in 1974 with my ex-spouse, and I have owned my
residence now for more than 40 years. Consequently, I believe I have a lot of knowledge
about the history of Red Cedar Point, the houses on the Point and the owners of the various
properties. I have personally observed the occupancy or lack of occupancy of the 3603 Red
Cedar Point Rd. property during the period material to this affidavit.
3. I know that the owners of 3603 Red Cedar Point previous to the applicant vacated the
property on November 1, 2012 and that occupation of the land or premises was
discontinued from that date through August 2014. During that 20 -month period the
property was unoccupied for more than one year. Therefore, I believe that the property is
not legally non -conforming property under State and local statutes and ordinances,
because it does not meet the requirements to be legally non -conforming property,
including without limitation, Chanhassen Municipal Code Section 20.72 (a) which states:
"Any nonconformity, including the lawful use or occupation of land or premises existing at
the time of the adoption of an additional control under this chapter, maybe continued,
including through repair, replacement, restoration, maintenance or improvement, but not
including expansion, unless:
(1) The... occupancy is discontinued for a period of more than one year....
4. I believe that applicant's application constitutes impermissible expansion,
intensification, replacement or structural changes of a structure on the premises, and
applicant is not entitled to a variance because it is not a legal nonconforming use of the
land or premises. I therefore believe that the variance that applicant is requesting must be
denied.
Subscribed and sworn before me
This 15th day of September 2015
Notary Public:
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Further your a]Aant saith n 1
Maria P. Knight
AFFIDAVIT
of
Maria Pieternella Knight
Maria Pieternella Knight, on oath, deposes and states as follows:
1. I live at 3605 Red Cedar Point Rd., Excelsior MN 55331, directly to the west of the
applicant at 3603 Red Cedar Point Rd.
2. I bought this "adjacent" property in 1974 with my ex-spouse, and I have owned my
residence now for more than 40 years. Consequently, I believe I have a lot of knowledge
about the history of Red Cedar Point, the houses on the Point, and the owners of the various
properties. I have personally observed the occupancy or lack of occupancy of the 3603 Red
Cedar Point Rd. property during the period material to this affidavit
3. I know that the owners of 3603 Red Cedar Point previous to the applicant vacated the
property on November 1, 2012 and that occupation of the land or premises was
discontinued from that date through August 2014. During that 20 -month period the
property was unoccupied for more than one year. Therefore, I believe that the property is
not legally non -conforming property under State and local statutes and ordinances,
because it does not meet the requirements to be legally non -conforming property,
including without limitation, Chanhassen Municipal Code Section 20.72 (a) which states:
"Any nonconformity, including the lawful use or occupation of land or premises existing at
the time of the adoption of an additional control under this chapter, maybe continued,
including through repair, replacement, restoration, maintenance or improvement, but not
including expansion, unless:
(1) The ... occupancy is discontinued for a period of more than one year....
4. I believe that applicant's application constitutes impermissible expansion,
intensification, replacement or structural changes of a structure on the premises, and
applicant is not entitled to a variance because it is not a legal nonconforming use of the
land or premises. I therefore believe that the variance that applicant is requesting must be
denied.
Subscribed and sworn before me
This 15th day of September 2015
Notary Public:
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Further your affiant saith n
Maria P. Knight
AFFIDAVIT
of
Maria Pieternella Knight
Maria Pieternella Knight, on oath, deposes and states as follows:
1. I live at 3605 Red Cedar Point Rd., Excelsior MN 55331, directly to the west of the
applicant at 3603 Red Cedar Point Rd.
2. I bought this "adjacent' property in 1974 with my ex-spouse, and I have owned my
residence now for more than 40 years. Consequently, I believe I have a lot of knowledge
about the history of Red Cedar Point, the houses on the Point, and the owners of the various
properties. I have personally observed the occupancy or lack of occupancy of the 3603 Red
Cedar Point Rd. property during the period material to this affidavit.
3. I know that the owners of 3603 Red Cedar Point previous to the applicant vacated the
property on November 1, 2012 and that occupation of the land or premises was
discontinued from that date through August 2014. During that 20 -month period the
property was unoccupied for more than one year. Therefore, I believe that the property is
not legally non -conforming property under State and local statutes and ordinances,
because it does not meet the requirements to be legally non -conforming property,
including without limitation, Chanhassen Municipal Code Section 20.72 (a) which states:
"Any nonconformity, including the lawful use or occupation of land or premises existing at
the time of the adoption of an additional control under this chapter, may be continued,
including through repair, replacement, restoration, maintenance or improvement, but not
including expansion, unless:
(1) The ... occupancy is discontinued for a period of more than one year....
4. I believe that applicants application constitutes impermissible expansion,
intensification, replacement or structural changes of a structure on the premises, and
applicant is not entitled to a variance because it is not a legal nonconforming use of the
land or premises. I therefore believe that the variance that applicant is requesting must be
denied.
Subscribed and sworn before me
This 15 Ib day of September 2015
Notary Public:
Further your affiant saith n
JIZPL
Maria P. Knight
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