Approval Letter ♦ A Y D
CITY OF ClIANITASSEN 0c,„
ay ,.,N B A % Chanhassen is a Community for Life- Providing for Today and Planning for Tomorrow
May 11, 2021
Judith& Paul Poitevent
2300 Melody Hill
Excelsior, MN 55331-8893
Re: Metes and Bounds Subdivision—2300 Melody Hill Road
Dear Judith and Paul:
This letter is to confirm that on Monday, May 10, 2021, the Chanhassen City Council approved the
resolution approving a Metes and Bounds subdivision creating two single-family lots subject to the
following conditions:
Building:
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code; additional comments or requirements
may be required after plan review.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. Each lot must be provided with a separate sewer and water service.
Engineering:
1. The applicant shall record typical drainage and utility easements around the perimeters of
each parcel.
2. The applicant shall enter into an Encroachment Agreement for the existing fence and
retaining wall on Parcel B and the existing retaining wall on Parcel A within the newly
created drainage and utility easement prior to, or concurrently with, the recording of the
subdivision.
3. Retaining walls shall not be constructed within drainage and utility easements.
PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 .CHANHASSEN • MINNESOTA 55317
Judith&Paul Poitevent
2300 Melody Hill
May 11,2021
Page 2
4. Prior to connecting to the existing service laterals, the applicant's contractor shall verify their
serviceability. For sanitary sewer, this shall be accomplished via CCTV which will be
provided to the city for review prior to connection.
5. The development fees associated with this subdivision shall be paid prior to recording of the
subdivision. Fees are based on rates in effect at the time of recordation; for 2021,they total
$13,173.94 and are enumerated as such:
a. Partial Hookup Fees: A Water Hook-Up fee of$2,476.00 and a Sewer Hook-Up fee
of$691.00
b. Surface Water Development Fee: $4,206.94
c. Park Dedication Fee: $5,800.00
Environmental Resources:
1. Tree preservation fencing must be installed at the dripline or the furthest point possible from
the trunk around trees#391 and#397.
2. If trees#391 or#397 are damaged or removed due to construction,they must be each be
replaced with a 2.5" overstory shade tree.
Parks& Recreation:
1. Park Dedication fees in the amount of$5,800 shall be paid prior to recording the subdivision.
Planning:
1. The existing patio on Parcel B shall be removed. The applicant may provide a security in the
amount of 110 percent(110%)of the cost for its removal. If a building permit for a house on
Parcel B is applied for within 12 months of the approval of the subdivision,then the security
shall be returned.
Water Resources:
1. The applicant shall obtain all necessary permits from the Minnehaha Creek Watershed
District, or show written proof that no permit is necessary from the District.
2. The Surface Water Development fees associated with this subdivision shall be paid prior to
recording of the subdivision. Fees are based on rates in effect at the time of recordation; for
2021,the Surface Water Development fee totals$4,206.94.
Please submit to the city the executed deeds for Parcels A and B and the fees in the amount of
$13,273.94. I am having the city attorney prepare the drainage and utility easements which I will
send to you for execution and submittal with the deeds. I have added the $100 recording fee as part
of the fee total above. You will also need to apply for an Encroachment Agreement for the retaining
Judith&Paul Poitevent
2300 Melody Hill
May 11,2021
Page 3
walls on Parcels A and B in the drainage and utility easement. You will need to have an estimate
done for the removal of the patio on Parcel B and provide a security for 110 percent (110%)of that
amount. The security will be returned when the patio is removed or a building permit is issued for
parcel B.
After the city receives all of the documents and fees, we will record the documents and the
resolution approving the subdivision at Carver County. Additionally, all current year taxes must be
paid in full and any delinquent property taxes or green acres taxes must also be paid prior to the city
recording these documents. Only after recording of these documents can the city issue a building
permit.
If you have any questions or need additional information, please contact me at(952)227-1131 or
bgenerous@ci.chanhassen.mn.us.
Cordi ,
fde---A- __________
Robert Generous, AICP
Senior Planner
ec: Kate Aanenson, Community Development Director
Erik Henricksen, Project Engineer
Laurie Hokkanen, City Manager
Charlie Howley, City Engineer/Public Works Director
Jill Sinclair, Environmental Resource Specialist
Eric Tessman, Building Official
Matt Unmacht, Water Resources Coordinator
Enclosure
g:lplan12021 planning cases12 1-09 2300 melody hill metes and bounds sub\approval Ietter.docx
1100 CITY OF CHANHASSEN
ENCROACHMENT AGREEMENT APPLICATION FOR PRIVATE PROPERTY.
PROPERTY ADDRESS
LOT BLOCK PLAT NAME
PID#
PLEASE PRINT
Name of Party or Organization Requesting Encroachment: list List reason(s) for encroachment:
address if different than above:
(Name)
(Address)
Contact person:
Phone:
Fax:
Cell:
E-Mail:
1. Type of Encroachment
(Attach additional information when necessary,materials,Etc.)
2. Type of Surface(s)to be disturbed:
3. Dimensions of Encroachment
(Show on site survey or sketch scaled drawing of location on property)
NOTE:Retaining walls over 4' in height must be an engineered design with engineer's signature approvim!design.
4. Method of Installation or Construction (including method of compaction and excavation)
Machine Excavation: ❑ Yes ❑No
5. List erosion control methods to be used:
Signed By Dated
The date when work is ready for inspection must be reported to the Engineering department.
952-227-1163
INFORMATION FOR APPLICATION
Upon payment of the application initiation fee in the amount of$100.00 a request will be made
to the City attorney to review and draft the appropriate type of encroachment agreement. When
this is completed by the attorney and sent back to the City the contact information provided by
the applicant will be used to notify applicant that the document is at City hall offices for
signatures. These signatures must be notarized and sent into the county for recording, the
applicant may choose to do these steps themselves but proof of recording must be provided to the
City before the City will release any final approvals, permits or funds being held. The fee
collected to start this process will cover all standard costs for notarizing and recording all
documents; any additional time (over 2 hours) may be billed at the then current published rates
for the City and Attorneys offices.
It is expressly understood that this permit is conditioned upon replacement or restoration of the
disturbed area to its prior condition in accordance with the appropriate rules and regulations for
the City of Chanhassen.
NOTE: This process could take approximately 3 weeks.
Sec. 20-908. Yard regulations.
(6) The placement of any structure within easements is prohibited, except for those structures
specified herein. Fences may be allowed within an easement with an encroachment agreement if
they do not alter the intended use of the easement. A driveway or sidewalk from the street to the
house crossing drainage and utility easements at the front of the property are exempt from this
requirement.
Sec. 20-1019. Location.
(a) Generally. All fences and retaining walls shall be located entirely upon the property of the
fence or retaining wall owner unless the owner of the adjoining property agrees, in writing that
said fence or retaining wall may be erected on the property line of the respective properties. Such
agreement shall be submitted at the time of building permit application. Encroachment into a city
easement shall require an encroachment agreement between the property owner and the city.
Fences shall not be placed within the public right-of-way.
SIGNATURE OF APPLICANT
DATE
GUIDELINES
SAFETY
1. Excavations shall be properly protected and identified by barricades and flags in the daytime, and
flares or flashing signals at night, to protect persons and traffic at all times.
2. Barricades to be erected in a manner which will provide suitable visibility in all directions.
3. Excavations must be cribbed when necessary, depending upon type of soil, in order to prevent
cave-ins.
4. No guys or stays to be attached to trees on Right of Way.
5. Underground construction must be so constructed as not to harm or unnecessarily destroy the
root growth of any trees. _
LIMITATIONS
1. No lugs shall be used on equipment traversing road which will damage the road surface.
2. Work site shall be cleaned up after work is completed.
3. No work shall be done which will create a nuisance.
4. Within 24 hours (Saturdays, Sundays and legal holidays excluded), the permit holder shall notify the
municipality issuing the permit and. when applicable, the County Engineer, that such work has been
completed and is ready for final inspection.
5. Within ten days after receipt ofacopy of the permit application the City/County Engineer shall notify the
applicant of any objection the City/County may have to the application.
EXAIWILE, OF EASEMENT JOCK J NT
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , 200_, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"). and
1. BACKGROUND. is the fee owner of the property
located within the City of Chanhassen, County of Carver. State of Minnesota legally described on the
attached Exhibit "A" (the "subject property"). The City owns an easement for drainage and utility
purposes over part of the subject property. would like to construct
on the subject property which will encroach into the City's easement.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment on
its easement for the construction, use, and maintenance of the proposed
3. MAINTENANCE. shall be responsible for all costs relating to
construction, reconstruction. maintenance. and repair, including snow or debris removal. with respect to
the easement area. This maintenance agreement is a personal obligation of
and shall be binding upon the executors, administrators, successors, heirs, and assigns of
4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach on
the City's easement, , their successors, heirs, and assigns, hereby agrees
to indemnify and hold the City harmless from all costs and expenses, claims and liability, including
attomey's fees, relating to or arising out of this grant of permission to encroach on the City's easement
for the construction, reconstruction, maintenance, use, operation, and the like of the
5. TERMINATION. The City may, at its sole discretion, terminate this Agreement at any time
by giving the then owner of the subject property thirty (30)days advance written notice, except that no
notice period will be required in the case of an emergency condition as determined solely by the City and
the Agreement may then be terminated immediately. The property owner shall remove the
to the effective date of the termination of this Agreement. If the owner fails
to do so the City may remove the and charge the cost of removal
back to the property owner. This Agreement shall run with the land by the mutual consent and
agreement of both parties or their respective successors and assigns.
6. RECORDING. This Agreement shall be recorded against the title to the subject property
and shall be binding upon , his heirs, assigns, and successors in interest.
CITY OF CHANHASSEN
BY:
Mayor
(SEAL)
AND
City Manager/Clerk
STATE OF MINNESOTA )-
( ss. — _
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
200_, by the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporat ►and pursuant to the authority granted by its City Council.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 200`, by , a
(SEAL) NOTARY PUBLIC
PROPERTY OWNER: .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
W.
The foregoing instrument was acknowledged before me this - day of
, 200_, by , a .
(SEAL) NOTARY PUBLIC . _
T
____ Y- --,_.-
...
THIS INSTRUMENT DRAFTED BY:
EXHIBIT "A"
Legal Description/Survey of Subject Property