Letter from David Keller 11-11-05
RECEIVED
GRANNIS & HAUGE P.A. NOV 1 6 2005
LEGAL SERVICES TO INDIVIDUALS, BUSINESSES AND CITIES SINCE JeLTY OF CHANHASSEN
WARD R, ANDERSON
MICHAELJ. DWYER'
VANCE B. GRANNIS, JR.
DAVID G. KELLER
BARRY L. WITTEN KELLER **
VIRGINIA A. DWYER
JEFFREY D. CAHILL
WILLIAM L. BERNARD
STEPHEN A. BAKER **'
PAUL H. HAUGE
(of Counsel)
November 11,2005
. Also admitted to practice In
Wisconsin
.. Also admitted to practice in
VIA EMAIL; ORIGINAL BY US Mi)l\>IL
... Also admitted to practice In
f10rida
Mayor Tom Furlong
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Chanhassen City Council Members
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Re: Jerry and Karon Story
Dear Mayor and City Council Members:
We are writing on behalf of Jerry and K~ron Story who have b~en the owners of property known
as 6281 Teton Lane, Chanhassen since 1991. Mr. and Ms. Story purchased the property with the
intent to develop it. The property is accessed.byalongl4 footw~d~easement out to Teton Lane.
Obviously this drive is insufficient for subdivision of the property and the adjacent land owner is
unwilling to work with our client to sell additional property or cooperate in any kind of
development. Land owners to the south and north are also uninterested in cooperating in any
kind of development.
The only possible means to develop the property to highest and best use as single family which
surrounds the property is to have access across the triangle of property owned by the City located
between our client's property and Powers Boulevard. It is our understanding that triangle was
picked up by the City from Carver County in 1969 and has been used for no purpose other than
to provide temporary access for another development in the area to Powers Boulevard. Our
clients understand that the City would prefer that access and development would occur from
Teton Lane. However, that is not possible because the adjacent land owners will not let their
property be sub-divided in their lifetime.go It is also worth noting that the City has allowed two
unusually shaped lots with a shared drive way to develop immediately north of our client's
property with direct access onto Powers Boulevard. This access is at an awkward angle to
Powers Boulevard and certainly more dangerous than the access that would be purposed for Mr.
and Ms. Story's property.
We are requesting that the City allow Mr. and Ms. Story to obtain access across the triangular
piece between their property and Powers Boulevard onto Powers Boulevard. This will allow the
orderly development of property with an access point perpendicular to Powers Boulevard with a
(651) 456-9000 Facsimile: (651) 454.4232
200 TOWN CENTRE PROFESSIONAL BUILDING . 1260 YANKEE DOODLE RD. . EAGAN, MINNESOTA 55121-2201
www.grannlshauge.com
Mayor Tom Furlong and Chanhassen City Council Members
November 11,2005
Page 2
excellent sight line for traffic conflicts. As the area develops we assume the two houses built by
Habitat for Humanity would take access off the future development to the west, eliminating a
very bad access on the Powers Boulevard. The access would insure that Mr. and Ms. Story
would receive equal treatment with other developments in the area and prevent the potential of a
taking of their property.
This matter was heard in July on the basis of a variance for the 14 foot driveway at the
recommendation of staff. This is not a request for a variance but simply one to have access
across city property that is not being used, that is directly adjacent to Powers Boulevard and
which if used will have to have access on Powers Boulevard.
Our clients would appreciate having this heard at the earliest possible convenience of the city
council.
Sincerely yours,
GmQ~is & Hauge, P A
0"
\
c: City Administrator
Roger Knutson City Attorney