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Approval Letter o CITY OF CHANIIASSEN zw HAS S Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow April 26, 2022 Mr. Mike Werth 5116 Waterbury Road Mound, MN 55331 Re: 6430 Pleasant View Lane—Request for Variance Planning Case No. 2022-06 Dear Mr. Werth: This letter is to confirm that on April 19, 2022,the Chanhassen Board of Appeals and Adjustments approved a five-foot structure side yard setback variance with an additional 18-inch encroachment for the eves subject to the following conditions: 1. An Encroachment Agreement is required for the existing retaining wall located within the northern side yard public drainage and utility easement. 2. A building permit must be obtained before beginning any construction. 3. Building plans must provide sufficient information to verify that the proposed building meets all requirements of the Minnesota State Building Code. Additional comments or requirements may be required after plan review. 4. 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. The City will record this variance for the property at Carver County. You will need to apply for an encroachment agreement for the retaining wall and a separate building permit before beginning construction. If you have any questions or need additional information, please contact me at(952)227-1131 or bgenerousliici.chanhassen.mn.us. Sincer ' -- 1-4.' './f 'c-'""j'—'r1-4.—Ylcl------ Robert Generous,AICP Senior Planner Encl. c: Meghan & Mark LaLonde ec: Kate Aanenson, Community Development Director MacKenzie Young-Walters, Associate Planner Steve Lenz, Engineering Technician III g:lplan12022 planning cases122-06 6430 pleasant view In var for addition\approval letter.docx PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD •PO BOX 147 •CHANHASSEN • MINNESOTA 55317 III 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 approving 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