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12-6-06 Document Submittal Planning Case No. ".., 1_" ~... ......... . . .. .. . .. ......... _.. . \,,11 Y ur- l,;HANHA~~I:.N 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT ~Rlicant NamMnd Address: 4( I L'D l,-oS.sI7l/ I K "1>)( 200 (I >'1-0W 19tJ...., st~f- Lh.()J\.. "-~ l M N !>SJ. J~ Contact: tl- .', ~~ Phone:4<:tg 4- g 4t..r Fax: Email: (:IRQ. r=E Rl LD. ()~ Owner Name and Address: f:1. (( I L D ~ OSs.f:!-v I k. ~>tOO ~~ ~W-c(. c.KCV\.}..~{ f1N SS-~ LX. Contact: 'tl. (j( ~ oUJ...J...' Phone4<'a'g 48 <r ~ Fax: Email: t:+ <<- ~ f:l. nIL D. U So. NOTE: Consultation with City staff is required prior to submittal, including review of development plans ' (() 00 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Right-of-Way/Easements Interim Use Permit (IUP) 200 Variance (VAR) , , Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal SOD Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review 'D Notification Sign** - $75 + $100 Damage Deposit Site Plan Review* X Escrow for Filing Fees/Attorney Cost*** - $50 CUP/SPRlVACNARlWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ \ bOO - .3 OU Subdivision* An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF-Group 4 (*.tif) format. ,**Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. ***Escrow will be required for other applications' through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. December 5, 2005 City Council and Planning Commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Sewer and Water Service Dear Council and Planning Commission Members: In recent years, I have made application to rezone my property on Powers Boulevard so as to permit its subdivision into additional building sites. My four acres would support two additional home sites without adversely impacting the area. Doing so would not "over develop" the area nor is it premature. The development of Highway 312 and the planned development of 444 homes immediately to the south makes rezoning appropriate. The intensity of traffic caused by that development changes the character of my neighborhood greatly and permanently. Continued zoning of the property as Estate- large lot is no longer appropriate. You will soon be receiving, or have received, my application for the rezoning and platting of my property for three building sites. I hope you recognize that such a rezoning is not only appropriate, and reasonable, but fits well with the existing and future use and development of the area along Powers Boulevard. Ten years ago, the City installed sewer and water service, as well as sewer stubs, to service my neighborhood along Powers Boulevard. It would seem entirely reasonable that the City, having invested $260,000.00 ten years ago, would welcome and . encourage, even mandate, that properties be connected. Re-zoning and the addition of 2 new houses in the neighborhood will at least begin to amortize that cost. There is some urgency, as I would like to connect my property to the municipal sewer system, before my 20 year old septic system fails, but so far the City has refused to allow me to do so. This in direct contrast with the City policy and Chanhassen City Code Section 19-41 B. That section mandates that all buildings and structures constructed within the City after March 11, 1985 adjacent to sewer, be connected to sewer. Under your Comprehensive Plan, the availability of adequate sanitary sewer system is a primary consideration to be taken into account in determining the appropriate land use within the City. The availability of sewer and water is directly related to the intensity of development that can be permitted. Here sewer and water availability is not an issue. In fact connecting homes to the system is past due. Arild Rossavik 8800 Powers Blvd Chanhassen MN 55317 Ph. 952.4484844 Email: AR(iiJARILD.US March 8, 2005 Editor Chanhassen Villager Richard Crawford Re: Powers Blvd Lift Station Bye-mail, from Matt Saam., P .E. Asst. City Engineer- Chanhassen, March 7th 2005, the city has acknowledged that City Code Sec. 19-41b controls the conditions which mandate sewer connection. There is not another ordinance that controls sewer connections. To avoid the operation of the law, the City advises that "staff interprets this code requirements to mean if your building is within 150 feet of the sewer, then you are required to connect". This interpretation does nothing to explain away the two reasons the code gives as circumstances mandating sewer connections. Moreover the interpretation is not justified as necessary in the public interest is thereby served. The code speaks of three reasons. All in the alternative, which triggers the need to connect to sewer. The other reasons are: [l]"All buildings... on premises adjacent to a sewer of the City sewer System or [2} in a block through or to which the sanitary systems extends, or..." Clearly, the proximity of the lift station/sewer trunk in the street fronting Hillside Oaks, Block 1, can not be ignored, nor so easily dismissed. Arild Rossavik 8800 Powers Blvd Chanhassen MN 55317 Ph. 952.4484844 Email: AR@ARILD.US Mayor and Council Members City of Chanhassen MN 55317 Feb 2005 Re: The Use of Zoning to Excuse Hillside Oaks from City sewer and water Connections and Assessments. Dear Mayor and Council Members Ten years ago Chanhassen City Project 93-29 improved Powers Blvd and extended sewer and water, (including a lift station) for seven homes in Hillside Oaks Block 1. This neighborhood on the west side of Powers Blvd just north of Lyman Blvd (Co. Rd.18) was at the time zoned RLD - Residential Low Density * On project completion the properties were scheduled for Trunk sanitary sewer and Trunk water main assessments of $2425.00 each. * [CSAHI7 (powers Blvd) Improvements City Project 93-29-Assessment Roll B]. Despite the 1993 plan to assess the properties and the public interest in. and long term Public Policy of, assessing benefited properties for improvements, no home in this neighborhood was ever assessed, no monies have ever been collected, and the trunk line and lift station stands unused. Why?, because the City Council urged on by then Planning Commission Member, (now City Council Member), Peterson (who lives in the neighborhood), moved to change the Zoning of this small area from RLD to A-2 Large Lot (2.5 Acre minimum). Doing so allowed the City to decline to assess the properties for trunk sanitary sewer and water main and defer any assessment to when the properties elect to connect to City sewer and water. [Correspondence ofC.D. Folch, P.E.,.Dir Of Public Works/City . Engineer 9.9.97] Arild Rossavik ,"^".,~w.~._~,_~,..~_~...~"_,_",_~_~~_,,,_~,_~_,,~~^__W__~_'__~~N""--.~"..~"~_"~H.,_"",..___~W","',,,,_,~,_~'~~W'~'''''''~~~W_,.,.,_._.".~. W"Y"'_.~"""'."'_'~""".~_W'_=''''''.,,,,~.W'~''''''W^_',_.".W~'~^"_W'''''''''''_~~___'''_.''''''~~___,V^'=~...'.".,,,'''m'_,,,,~,,~, From: Arild Rossavik [ar@arild.us] Sent: Wednesday, March 09,20059:16 AM To: Arild Rossavik Cc: 'ar@qxcLus' Subject: FW: Powers Blvd. Lift Station -----Original Message----- From: Saam, Matt [mailto:MSaam@ci,chanhassen.mn.us] Sent: Monday, March 07, 2005 1:21 PM To: ar@arild.us Cc: Generous, Bob; Gerhardt, Todd; City Council; Oehme, Paul; editor@chanvillager.com Subject: Powers Blvd. Lift Station Mr. Rossavik, In response to your e-mail, I have checked on the maintenance that City staff performs on the lift station near your property along the east side of Powers Blvd. City staff does not perform any extra maintenance on this lift station due to no one being hooked-up to it. Each year our utility staff inspects the pumps, seals, and electrical controls as they do with all other lift stations in town. The amount of maintenance needed on this lift station is, in fact, less than what is required for other, more heavily utilized lift stations in town. Also, as a point of clarification to your citing of City code sec. 19-41 b. The code states that, "All buildings and structures constructed within the city after March 11, 1985, on premises adjacent to a sewer of the city sanitary sewer system, or in a block through or to which the sanitary sewer system extends, or is within 150 feet of said sanitary sewer system, shall be connected to the city sanitary sewer system for the disposal of sewage or industrial waste." Staff interprets this code requirement to mean if your building is within 150-feet of the sewer, then you are required to connect. With the sewer being on the east side of the road, none of the existing homes in your neighborhood meet the 150-foot requirement. That is why they are not required to connect. Let me know if you have other questions. Thanks, Matt Saam, P.E. Asst. City Engineer - Chanhassen, MN 10/29/2005 CITY OF CHANHASSEN SEWER AND WATER INVESTMENT POWERS BOULEVARD 1993 Improvement Costs: Income Associated Therefrom to Date: 60/0 Annual Holding Cost Compounded Over 7 Years Current Cost Unrecouped: $390,943.87 Additional Holding Costs; 1 0 Years at 60/0: $309,1 77.05 TOTAL: $700,120.92 $260,000.00 $ -0- Annual Maintenance Cost: Estimated at 30/0 of Original Investment: $ 7,800.00 Annual Maintenance Costs to Date Unrecouped: $ 54,600.00 Additional Maintenance Costs Over the Next Decade: $ 78,000.00 TOTAL COST TO CITY in Failing to Recoup Sewer and Water Investment Through 2013: Approximately $832,000.00 . , 8 ~B ~:~j~ I~ ".8 It ~ '., .9 ~~ S u ..j I" B ., . I" i" II . . .. .1 '. = :l iitJ. .... .,Jol '''' .~ ". .r... . ., ~ :,Or f.:'~8 r ~~g I~ r ~")8 '-1 . " i it 'g is . .2 ~. I '\ 'S 1 W i ~ ~ ' '. '., : 1 (IJ .' 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I . . ~. r '1 ~, I f:'~f ~ l'~J g '~I '0 ~ j ! ~:1 J '., r.i ..~,' ~ .~. i!;f ....', . ~~"': ~\i-.~ '/t"of ~. ~ . ~fN M..: ~ . aI .:-: ~ ~.'I". :rt.'l i - ~~ iii ;1~ .' ~~.. ~ II ."",,, ~... ~ http://206.10.76.6/weblink7/ImageDisplay.aspx?cache=yes&sessionkeY=WLImageDispla... 11/112005 CITY OF CHANHASSEN 690 COULTER DRIVE. P,O: BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 September 9, 1997 Arild Rosavik , , ~8UO Powers Boulevard Chanhassen, MN 55317-9030 R:E: CSAH 17 (Powers Boulevard) Improvements City ofChanhassenProject No. 93-29 Dear Mr. Rossavik: 1'-._ .';"'1' ~ : ',~ . ~i' The City Council will hold a public hearing to consider proposed assessrueIlt~~forth;~.<:::SAH 17 , (Powers Boulevard) Reconstruction Project, Improvement Project No, 93~29; On Mon.day: September 22, 1997, at 6:30 p.m., in the Council Chambers at 690 Coulter D~'Ye,Chanhassen, Minnesota. The area to be assessed includes parts of Sections 19,27 and 56 Ttl,6 R 25: Your property was originally proposed to be assessed trunk sanitary sewer and\Waier mam>:',,>,! charges as a part of the project. After further review, the City has'electednotto.assess thei:ituPk.:": charges to your property at this time. Assessments to your property will, therefore, not be<?,.;::, considered at the Council Meeting on September 22, 1997. ' ,~ ' -,.", . The trunk sanitary sewer and water main charges wiIi instead be billed 10 your propertiifarid when y<?u ~onnect to these facilities in the future. The charges will be billed based up~nth~ , rates at the year'of connection. , , ,,'. ~ " .' ,', ~;, 'Plea's~ feei 'fre~ to ~~ll me at' (6'12) 937~1968' i{y~~ ha~~ a~y'questions or nee'd additIonal' " , information. Sincerely, . . ~ ".. . Charles D.Foich, PE Director of Public Works/City Engineer 'CITY OF CHANHASSEN ,7 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 December 13, 1995 ." Arild Rossavik 8800 'PowersBotilevard Chanhassen, MN 55317 Re: Notice of Public Hearing for Powers Boulevard (CSAH 17) Improvement project from Trunk Highway 5 South tdLyman Boulevard..: Project No. 93-29' Parcel No. 25-3530020, Lot 2, Block 1, Hillside Oaks Dear Property Owner: Notice is hereby given that a public hearing has been" scheduled for public discussion on the Powers Boulevard (CSAH 17) from Trunk Highway5 south to Lyman Boulevard, Project No. 93-29 feasibility study at the City Council's regular meeting on Monday, January 8, 1996 at 7:30 p.m in the City Hall Council Chambers located at City Hall, 690 Coulter Drive. Powers Boulevard (CSAH 17) is proposed to be reconstructed to a four-lane, divided urban roadway with concrete curb and gutter, storm sewer, trails, street lighting and landscaping. The total project cost of said improvements is estimated to be approxiinately $4,400,000. Said improvements are proposed tQ be financed by a combination of special assessments to benefiting properties, local funds, and County funds. YOUR PROPERTY IS PROPOSED FOR SPECIAL ASSESSMENTS. A copy of the feasibility stlldyshowing the project scope, costs\apd proposed assessment is available for review in the EngjneerIng Department, Mondays through Fridays f.'om 8:00 a.m to 4:30 p.m. Sincerely, Chaiies" b. Folch,' F.E.' . Director of Public Works CbF:ldm . ." . ..... .... . . KELLY LAW OFFICES Established /948 351 SECOND STREET EXCELSIOR, MINNESOTA 55331 MARK W. KELLY WILLIAM F. KELLY (1922-1995) (952) 474-5977 FAX 474-9575 December 2, 2005 Mr. George Bizek 8750 Powers Boulevard Chanhassen, MN 55317 Re: Proposed Subdivision/Rossavik Property Dear Mr. Bizek: Recently, you were contacted by Epic Development looking for your participation in a joint effort to rezone both my clients' property and your property. Doing so could allow future development. Apparently, an agreement was not able to be reached thereon. My client understands the issue to have been one of price as well as the impact of a potential cal-de-sac which is necessary for such development. As you know, Mr. Rossavik remains interested in developing his property, especially in light of the changing circumstances of the neighborhood through additional development to the south. Mr. Rossavik wishes to advise you that he will soon make application for the rezoning of his property so as to permit the platting of the Rossavik property with three lots. If three lots are approved, there will not be need for a cal-de-sac and no cal-de-sac will be built. It remains that you may. wish t<? join in the rezoning application so that you may position your property for future redevelopment. Rezoning does not necessitate the sale or development of your property. If you wish to discuss this matter, please feel free to call. Sincerely, Mark W. 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On May 6, 2003, the Chanbassen Planning Commission met at its regularly scheduled meeting to COnsider the application of Arild Rossavik for rezoning properly from Agricultural Estate District, A-2, to Single Family Residential District, RSF, a land use amendment from Residential Large Lot to Residential Low Density and preliminary plat with a variance for the Use of a private street approval for a five lot subdivision. The Planning Commission conducted a public hearing.on the proposed rezoning, land use amendment and subdivision preceded by pUblished and mailed notice. The Planning Commission heard testimony from all interested persons Wishing to speak and now makes the fOlloWing: .fINDINGS OF FACT 1. The properly is currently zoned Agricultural Estate District, A-2. 2. The properly is guided in the Land Use Plan for Residential Large Lot. 3. The legal description of the Property is: Lot 2, Block 1, Hillside Oaks. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) Possible adVerse affects of the proposed ameudmeut. The six (6) affects and OUr findings regarding them are: a) The proposed action has been considered in relation to the specific POlicies and Provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is compatible with the present and future land USes of the area. c) The proposed Use does confonn to all perfonnance standards contained in the Zoning Ordinance subject to the revisions of the plat recommended by staff. Powers Circle May 5, 2003 Page 20 d) The proposed use will not tend to or actually depreciate the area in which it is proposed. If e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: 1) The proposed subdivision is consistent with the zoning ordinance; Finding: The proposed subdivision meets all minimum ordinance requirements for RSF zoned properties. 2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed development is consistent with the intent of the comprehensive plan, subject to approval of the land use amendment from Residential- Large Lot to ResidentiaL - Low Density. 3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to revisions to the development plan specified in this report. The applicant is proposing conservation easements over tpe western portion of the development to preserve the trees and steep slopes. 4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision will be served by adequate urban infrastructure with a variance for the use of a private street. 5) The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage to site topography through grading and removal of vegetation. Restrictions on the housing types Powers Circle May 5,2003 Page 21 and limitation ofthe grading area will reduce the developments impacts on natural features and abutting property. I 6) The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure 6. The planning report #97-12 Sub. dated May 6,2003, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning, land use amendment and subdivision creating five lots. ADOPTED by the Chanhassen Planning Commission this 6th day of May, 2003. CHANHASSEN PLANNING COMMISSION BY: Its Chairman ATTEST: Secretary g:\plan\bg\developmenl review\powers circle 2003 revised.doc