77-4 - Neft VAR pt 1\jntUTION Q,
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1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEeP.O BOX 1479CHANHASSEN, MINNESOTA 55317*(612) 474-8886
MEMORANDUM
TO: Russ Larson, City Attorney
FROM: City Manager, Don Ashworth
DATE: February 3, 1977
SUBJ: Request for variance to divide property - Gladys M. Ne.ft
and Charles H. Neft
Attached please find the response I received from the City Planner,
Bruce Pankonin, regarding this proposal. I have not received
any comments from the engineer regard.ng this division. As such,
I agree with your recommendation to allow the division of property
without interference by the City of Chanhassen. 11owever, I would
request that you contact Bruce Pankonin regarding his comments
on the buildability of the new parcel created.
r�
cc: Bruce Pankonin, City Planner
Bill Brezinsky, Schoell and Madson
cc: Bruce Pankonin, City Planner
Bill Brezinsky, Schoell and Madson
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1776-1976
CITY OF
CHANHAN3
7610 LAREDO DRIVE®P.0 BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Bruce Pankonin, City Planner
DATE: December 20, 1976
SUBJ: Request for Variance to Divide Property - Gladys M. Neft and
Charles M. Neft
I would agree with Attorney Larson's opinion in this matter.
However, Mr. Larson should also comment on the buildability of
the new parcel created as per his recommendation.
RUSSELL � LARSON
CRAIG M. MERTZ
Mr. Donald
Chanhassen
Box 147
Chanhassen,
Dear Don:
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RIISSELL H. I..ARsON ftW j�
ATTORNEY AT LAW _pop
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
AREA CODE 612
December 7, 1976 TELEPHONE 335-9565
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W. Ashworth P"
City Manager Oft
Deb. 17
Minnesota 55317 V-1'ek 0
Re: Request for Variance to divide Id,14-'.
property - Gladys M. Neft
and Charles H. Neft
Attached .you will find copies of correspondence and documents re-
ceived by. me from Attorneys Glenn Froberg and Richard J Chadwick,.
all ielating to the division of a fifteen acre parcel of land for the
benefit of Gladys M. Neft and Charles H. Neft,. pursuant to a Judg-
ment and Decree of divorce on August .20, 1976.
It appears that the fifteen acre tract was purcha:s.ed in 1965 by the
Nefts, then husband and wife, under contract for deed. The Court
has ordered the division of this property as a part of a marriage
dissolution into a five acre parcel for Gladys Neft and a ten acre
parcel for Charles Neft. Mr. Chadwick is purchasing the ten acre
parcel from Charles Neft, and Mr. Chadwick and Mrs. Neft,wish'to
record their respective conveyances.
It appears to me that a property division under court order is out-
side the scope and intent of the subdivision ordinance, and that we
are without jurisdiction to block the recording of a conveyance
issued pursuant to a court order. Chadwick's.purchase of Charles
Neft's land is corollary to the court -ordered property division, and
does not fall within the scope and intent of the subdivision ordinance.
By reason of the foregoing, it is my.feeling that this division of
property and approval for the recording of deeds is a matter which
should be handled administratively by'the Chanhassen staff, rather
than through submission of the issue to the Council. I would
appreciate your early comments on this, so that I may advise these
people of what procedures, if any,_ need. to be followed
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VVertrul y� r y�°
AFC 1976
RUSSELL H. LARSON'
Chanhassen City Attorney \ i QM' AO A�
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Encls
RUSSELL H. LARSON
CRAIG M. MERTZ
RUSSELL H. LARSON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
January 20, 1977
Mr. Donald W. Ashworth
Chanhassen City Manager
Box 147
Chanhassen, Minnesota 55317
Dear Don:
AREA CODE 612
TELEPHONE 335-9565
Re: Request for Variance to divide
property - Gladys M. Neft and
Charles H. Neft
Attached please find a copy of my letter to you of December 7,
1976, concerning the above matter. j :. 0., a= -�"
I have been receiving calls from these people inquiring as to
what the City will require with respect to this property division.
Please let me have your views on this as soon as convenient, so
that I may advise these people what requirements, if any, we
intend to impose.
U r trul ours,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:mep
cc: Bruce Pankonin
JAN 1977
RECEIVED
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1776-1976
CITY OF
CHANHASSEN
7610 L_AREDO DRIVE*P.O. BOX 147oCHANHASSEN, MINNESOTA 553170(612) 474-8885
MEMORANDUM
TO: Russ Larson, City Attorney
FROM: City Manager, Don Ashworth
DATE: February 3, 1977
SUBJ: Request for variance to divide property - Gladys M. Neft
and Charles H. Neft
Attached please find the response I received from the City Planner,
Bruce Pankonin, regarding this proposal. I have not received
any comments from the engineer regarding this division. As such,
I agree with your recommendation to allow the division of property
without interference by the City of Chanhassen. However, I would
request that you contact Bruce Pankonin regarding his comments
on the buildability of the new parcel created.
i�
f
cc: ruce Pankonin, City Planner
Bill Brezinsky, Schoell and Madson