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Letter from Dean Carlson 1-28-05 City of Chanhassen 7700 Market Blvd. Chanhassen, MN. 55317 Attn: Planning Department January 28th 2005 Subdivision application for: Hidden Creek Meadows Topic: Water shed cross section Planning Department: The recent request for a cross section of the watershed from Lake Minnewashta through Hidden Creek Meadow, Hidden Creek Estates has been completed to the best of our ability as documented here by Ryan Engineering. The Minnewashta Lake HWL of 944.5 and W.L. of 942.1 was clearly established long before our application for subdivision this area. The box at Minnewashta Parkway is at a 942.19 flowing into the wetlands behind Kirkwood Circle where the home elevations clearly show the homes built to within 20 feet of a 944.5 contour which would present a high risk for these homes. It seems likely that over the years, these homeowners have encroached upon the creek by clearing rear yard spaces that are located within the ordinary flood plain and the 944 contour. The box at Hwy 7 is at 939.85 and was only extended 6 feet by Mn. Dot. with no change to the elevation during the recent renovation of Hwy 7. Our engineer has provided hydraulic calculations for the water effects on the proposed subdivision area. If a pre- existing problem exists in this upland area south of Hwy 7 it is clearly not an issue for the developer to resolve. The Box approved for Hidden Creek Estates is at 938.5 and thus we have proposed our box at Pipewood to be at that same 938.5 elevation in keeping with the cities prior approval. The City of Chanhassen had engineering work done for through an independent company I believe is named "Bonestroo" ant their work may need to be looked at again as part of the City of Chanhassen' s obligations to the area residents. The homeowners at the last meeting clearly have personal concerns that would appear to be confirmed for high water years based on the location of the 944 contour in their lots. But, these owners may need to address this issue with the prior owners for false or misleading seller disclosures at the time of their purchase. Steve McSherry purchased his home at 6571 Kirkwood on May 29th 2003 and Rick Hueffmeier purchased 6551 Kirkwood on May 2 2002, I believe both of these years to be below normal rain fall. The annual rain falls would effect any owner's perceptions and cause one to believe that there is a direct correlation to these developments and the renovations to Hwy 7 in 2003 The rains of 2004 would have created quite a dramatic visual effect on their back yard areas, which I would propose are normal and have occurred in the years prior to their purchases. Lisa and John Jordan at 6541 Kirkwood have owned since 1993 and are concerned about tree losses, these issues may be due to old age or the improper placement of new trees within the 944 HW contour during low water years since their purchase. A visit from the city forester may help the city better understand their concerns. Vic Moravec also purchased in 1993 at 3821 Linden Circle and describes changes from 2 foot to a 4 foot width with the creek. I have no doubt that the creek has expanded during these high water periods as it has for many years prior to today. Vic did not voice concerns of water consuming his rear yard because his elevation and distance from the 944 contour is greater than the homes on Kirkwood. I hope this research and information gives a more detailed summary of these homeowner issues and there relevance to the effects these projects have on the area. We hope that our efforts have given the City the peace of mind needed to proceed with approval at our next scheduled planning commission meeting on February 15th 2005. Thank you all in advance for your timely consideration of this information and all your efforts to help us resolve these issues. Dean Carlson Development Manager D & G of Chanhassen, LLC. 7820 Terrey Pine Court Eden Prairie MN 55347 952-949-4715