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78-10 Lots 23-24 Murray Hill VAR pt 1Mr. Lorens Brynestad Regarding the Bacon -Cleveland real estate transaction. It is my understanding that a questions has been raised regarding the City of Chanhassen's approval of the conveyance of 2 small tracts located in Lot 23, Murray Hill. It appears that this conveyance is designed to conform the legal description of the land with the existing boundary fences and complies with all subdivision ordinances of the City of Chanhassen and all subdivision and ordinances regarding platting of the City of Chanhassen. Should any further verification of this be needed, please advise. MACKALL, CROUNSE & MOORE Frank Bacon September 4. 1979 Page Two 1. The abstract le.certified to cover the above and other land. The deed a3hown at No. 70 g:iven by MArjorie J. Howard to Richard; D. McFarl.nnd .7oyce H. McFarland is material to the chain of title to the above--eIfascri'bed property. t ee indication in the abstract that it 13 shown "for reference" should be dth , te3r3. 3.. Ordinances o: the City of Chanhassen regulating the platting, subdivision and development of land shown at No. 71 and listed on Bss ibit B attached to the abstract. These Ordinances are material to any subdivision of the above described property an!3 NanIC y exchange of parcels of land with adjoining .ewers should bQ coordinated'and approved tb the City Engineer's office and with any other governmental ssubdivi.esion of the of, C'banhasseen whoes apprpval in required. ����, 4. Tlae eed anown at Flo. 72 givet,.b7 Walter R. Cleveelaet�d:..�xf Ciaa7rolette_ T. Cleveland, ` husba and wife, to Gatoll J. a and Sharon L. Sk��ortts to caner aa't of Lots 23 and 24 and vacated spect Street and t�roceeeds to deacr;.bsrl6nl T y Fart of + Lot 24 of Murray Hil &use of the can in this descrip�_ o-d- we re>_comend that a quit clah)i dead 1;)*y 66cured from Carrp3A­T. Skiba and Sharon..=l.. Skiba, wham we -xi gumee to be 'husband a�ri.fe, comveeyin.g �ae' ove-described properfc and you should P :�go be fu7rnish th complete sera as covering said parties to date. Moitsaga abown at No. 74 given by Richard D. McFarland and 3oyce 11. i4iciarland, husband and -wifs, to First Vederal SavinS3 and Loan Association of Minneapolis dated November 10. 1970 and filed November 12, 1970 in Book "65" of Mortgages on page 414, which mortgage covers, part of Lost 23, Murray Hill, described above. 5.' The tax for the esocond half of 1979 in unpaid on that portion -of the above-» d"cribead property ftcludead iu . the deed shown at No. 64. e bave been furnished with no real estate; tax search on the balance of the abovea- de gerib.od ,pro"rtty. 761Unpaid Installments- of 000cial arrsetiaments. if any. S. Uhrac' ordeed linens 'for lAo' r or materials, if any.. You should be fatt=lffbad with c,O.agl.eete searches covering Marjorie J. Howard, grantor .in'tho dead shown at No. 70 through November 12, 1970, the date of recording of_said deed. 1.0. Youi ' may wish to iewure a survey, in order to be accurately informed as to the b6imdar7 lines ofsaid prmises, in relation to improvements thereon. and in relation to #prara emeenta on adjacent premises. 0 Al U R ' :r < CD Z, (A I k D "D CD ro 12 C) zr C:)L CD mi H/ L L yam-•------- -----.-.. F' Boman Roos called 'he meeting to order at 7:3n p.m. with the following members present: 'rry Neher and Dick Matth s. Hud Hollenback, Mal gacAlpine and Walter.Thompson were absent. Craig Mertz was present. -NEW MEMBER: Tim Stone was sworn in as a member of the Planning ,Commission to replace Les Bridger. 141NUTES: Jerry Neher moved to approve the July 26, 1978, Planning :Comm Si1S on minutes. Motion seconded by Dick Matthews.- The following -voted in favor: Roman Roos, Jerry Neher, and Dick Matthews. Tim Stone. aabstained_ Motion carried.- ­Jerry Neher moved that the petitions that have been received by the Cit, ;regarding the Bloomberg/Davis Subdivisions be entered into the minutes of the public hearing of August 23, 1978. 2lotion seconded .by Roman Roos. The following voted in favor: Jerry Neher and Roman Roos. Dick 'Matthews and Tim Stone abstained. Motion failed. Jerry Neher moved to approve the August 23, 1978, Planning Commission minutes as amended. Motion seconded by Roman Roos. The following vote, in favor: Jerry Neher and Roman Roos. Dick Matthews and Tim Stone ;abstained. Motion failed. gD.ick Matthews moved to note the August 21, 1978, Council minutes. Motif Z. ;seconded by Jerry Neher and unanimously approved_ Tim Stone moved to note the August 28, 1978, Council minutes. Motion seconded by Dick Matthews and unanimously approved. PUBLIC HEARING WALTER CLEVELAND SUBDIVISION Roman Roos called the hearing to order. Mr., and Mrs.;' Walter Cleveland were present. Mr. Cleveland is requesting approval to subdivide portions of Lots 23 and 24, Murray Hill into two single family lots_ He is further request. a variance to Ordinance 33 so he can convey the land by metes. and bounds description. '.Dick Matthews moved to close the public hearing_ Motion. seconded by ...Jerry Neher and unanimously approved. -_`t$ALTER CLEVELAND SUBDIVISION: Dick Matthews moved to recommend the _Council approve the subdivision of Lots 23 and 24 into two parcels. -One consisting of the northerly 120 feet of Lot 24 and the second parce. consisting of all of Lots 23 and 24 except the northerly 120 feet of V Lot 24. The Planning Commission further recommends a variance to Ordinance 33 to convey the land by metes and bounds description.. The' City Engi_neer•will approve the legal descriptions. Motion seconded by .*-Tim Stone and unanimously approved. PUBLIC HEARING HESSE FARM PRELIMINARY DEVELOPMENT PLAN PHASES II AND III Roman Roos called the hearing to order. The Assistant City Planner gave his report dated September 8, 1978. :- - T Council Meeting Octor 2, 1978 _4_``' CERTIFICATION OF DELINQUENT `1978 SEINER AND WATER BILLS: Mr- James- Schneider —was - present to protest the delinquent sewer and water bill against his property -a _ 220 West 78th Street. The, property was rented out and unbeknown to Mr. Schneider - the bills were not paid. He feels he should have been notified by the City -- that the bills were not being -paid prior 'to the certification notice. Mr. Don Chmiel was present to question the city policy on billing properties`that- are not connected to sewer and water. He -felt he had acted in good faith -by-r;.4-_ paying his SAC Charge and permit fee for water..in Augustzl9`77.-`-tte' 'accepted a -bid - for -the` i'nsta-lI ati on of .sewer and. water"in 'SL-ptember 1977 but the contractor did not make the-"cQnnection until 'September 1978. Mr. Chmiel feels he should not -ham to pay sewer and -water charges prior to his hooking to the city utilities. The Council advised Mr. Chmiel that this problem is between Mr. Chmiel and his contractor: - RESOLUTION #78-59: Councilman Geving moved the adoption of a resolution certifyirj to the County Auditor the -delinquent sewer and water -utility bills as recommended by the City Manager in his -October 1978 memorandum -•to - the ­City Council ' Resoluti.:%z seconded' by Councilman Neveaux. The following voted in favor: Mayor Hobbs, CouncilmenPearson, Neveaux, Waritz, and Geving. No negative votes- Motion carried. CONDITIONAL USE PERMIT,- DAVE ADAMS, PLATING SHOP: Mr. Adams -is requesting approval o es a is a p a Ong s op in a anus u� ing at 510 Best 78th Street. The Planning Commission rtecommended the Council grana conditional use permit subject to an approval 1 etter from the State PCA: - The' Ass•i stant- Ci ty P1 anner recommended the Council approve the request of Diversified- Plating and direct staff to prepare a conditional' use permit which specifically includes provisions -that require the applicant to receive the approval of the Metropol.i tan' Waste- Control Commission— on -their industrial SAC applications that noise eminating from the operation be - within the standards as adopted by ordinance, and that the operation expel no 3t obnoxious odors to the surrounding properties: --_ Councilman Neveaux moved to approve the request for Diversified Plating and -direct staff to prepare the conditional use permit as outlined in the Assistant City:'= Planner's report of September 28, 1978. " Motion seconded by Councilman Waritz.:,_ Hobbs, Councilmen Pearson, Neveaux,, Waritz; The following voted in favor: Mayor. and Geving. No negative votes.- Motion carried. LOT DIVISION WALTER CLEVELAND, HURRAY HILL: Mr..' Cleveland is requesting approval to subdivide portions of Lots-23-and 24, Murray Hill Addition, into two single = family lots. He is also requesting a variance to Ordinance 33 to convey the land by metes and bounds -description. The property presently has one sewer and water lateral and trunk unit assessed. Councilman Pearson moved to approve the Cleveland- subdivision request as indicat1!4 in the Assistant City Planner's letter of September 28, 19785-conditioned-upon " the Attorney reviewing the survey-that-was-received,October 2, 1978. One sewer'Wd water assessment will be placed on the lot. Motion seconded by Councilman Nevea"- The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz;__ and Geving. No 'negative votes. Motion -tarried. _ CONSENT AGENDA: Mayor Hobbs asked if any*Council member wished to discuss --any`" _„ items on the consent agenda. - As- no additional- -comments, were -received,- Councilman Neveaux moved to accept the consent-agenda•as-recommended by -the City Manager:: a. Minnewashta Woods and Sunnyslope Addition, Ordinance Rezoning to P-1- b. Lyman Lumber, Preliminary Resolution approving $1..5 million I.R.B. RESOLUTION #78-60 CITY OF µ CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: October 15, 1979 SUBJ: Subdivision Variance Request, Walter Cleveland, 6261 Murray Hill Road (Reconsider Previous Division Line) On October .1, representatives for Mr. Cleveland requested that the City Council make a finding that their previous division request be modified to resolve a fence dispute resulting during the transfer of the property. Staff had no objections to proposed division in regards to the..fence; however, strongly objected to such being approved as a metes and bounds description following the meandering fence line. Through discussions with representatives of Mr. Cleveland and the Council, it appeared as though resolution of the issue could be achieved by the property owner agreeing to place the proposed division in a "plat format" (designating the two lots by a lot and block number rather than through metes and bounds description). It was the opinion of the City Attorney, that although this type of approval may appear minor, that the prudent course of action would be to notify adjacent owners of the Council's intent through a public hearing notice. The City Council acted to table action on the request, ordering Staff to notify property owners and publish the public hearing. Such hearing was scheduled for this evening and Staff recommendations are the same as previously presented, i.e. approval recommended condi- tioned upon placing such in a flood plat format. d�' Council Meeting uctober 1, 1979 -2- Utica north of Lyman Blvd. to Sunset Trail West 67th Street off Powers Blvd. to Shenandoah Circle West 62nd Street to Holly Lane. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,, Geving, and Matthews. No negative votes.. Motion carried. THE HESSE FARM: Tim Gilette, Pat and Harold Hesse were present. Mr. Gilette explained that bids have been awarded and requested -.that the -contractor be allowec 6n the site to begin construction with the understanding that the plat is not yet approved and the development contract has not been signed. Councilman Matthews moved that the Hesse's be allowed to begin rough grading without the final plat and development agreement at -their -own risk and with the - bond being worded, to the satisfaction of the City Attorney. Motion -seconded-by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux; Matthews; and Geving. No: negative votes. —Motion carried. EXTEND BUILDING MORATORIUM WITHIN THE TAX INCREMENT DISTRICT:- Mike Niemeyer; HRA, and Dennis Spalla, Kraus -Anderson, Jerry-Korsuhsky, Architect, were present. Mike Niemeyer, speaking for the HRA; requested the -moratorium be extended--to--allow the HRA additional time to develop more specific redevelopment plans for the downtown area. Dennis Spalla stated their support of the extension. Councilman Pearson moved to hold a public hearing on October 15, 1979, to consider a building moratorium in the Tax Increment District. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. SUBDIVISION REQUEST, 6261 MURRAY HILL ROAD -- WALTER CLEVELAND: Fred Plocher, Streeter -Andrus Realtors, was present representing Mr. Cleveland. The Council, it 1978, approved a subdivision request for Mr. Cleveland. Mr. Cleveland is now requesting a realignment of his property along an existing fence line and convey it by metes and bounds. The Assistant Manager/LUC recommended the Council require the applicant to perform a replat in accordance with Ordinance 33. Councilman Geving moved to hold a public hearing.on October 15, 1979, to consider Planning Case P-575. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. SUBDIVISION VARIANCE REQUEST, GEORGE"JACKSON, 6840 MELODY HILL ROAD: Bob Tyler, 0 representing Mr. Jackson, was present. The applicant is requesting to subdivide a approximate �54 780--square :foot' parcel from an existing six acre parcel. Sanitary sewer is not available to the property. The proposed newly created lot has an existing home -on it which Mr. Jackson wants to sell. Councilman Neveaux moved to approve the recommendation of the Assistant Manager/LU! Planning Case P-641, and deny the request. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews: No negative votes. Motion carried. SITE PLAN REVIEW, RUSS .MURPHY, CHANHASSEN LAKES BUSINESS PARK; Russ Murphy and Bruce Hubbard were present. The applicant--ts--proposing to construct a 9,000 square foot office/warehouse building with approximately 6,000 square feet future expansion on Lot 7, Block 5, Chanhassen Lakes Business Park. CITY OF g�y a 7610 LAREDO DRIVEeP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 26, 1979 TO: City Manager, Don Ashworth FROM: Asst. Manager/LUC, Bob Waibel SUBJ: Subdivision Request, 6261 Murray Hill Road APPLICANT: Walter Cleveland PLANNING CASE: P-575 Petition The applicant is requesting that the city council reconsider the previous division line as approved by the city council at its regular meeting of October 2, 1978. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 700 feet north of the intersection of Melody Hili.Road and Murray Hill Road on the east side of Murray Hill Road. 2. Existing Zoning: The subject property and its environs are presently zoned R-1, single family residential district. 3. Utilities: Sanitary sewer and municipal water are presently available to the subject property. Action Previously Taken As shown in the attached city council minutes of October 2, 1978, the city council moved to approve the subdivision request as indicated in the planning report of September 28, 1973 and conditioned upon the attorney's reviewing the survey that was received October 2, 1978. The approval essentially permitted Mr. Cleveland to convey property by metes and bounds description in compliance with the attached graphic indicated as enclosure 2. Mr. Don Ashworth -2- September 26, 1979 Comments The applicant's representatives have informed this office that it is their intention to realign the southerly property lines of the Cleveland property to coincide with an. existing fence line along said southern boundary. As shown in enclosure 3, the fence encroaches approximately 12 feet onto the McFarland Property to the south on the east/west align- ments, and encroaches approximately 2 feet upon the Cleveland Property on the north/south alignment. It is the intention of the applicant to convey that portion on enclosure 3 as indicated in blue from Mr. McFarland to Mr. Cleveland, and that portion indicated in red from Mr. Cleveland to Mr. McFarland, and additionally, as.indicated in the Streeter Andrus letter of September 13, 1979, such is being requested as a waiver to the platting requirements of Subdivision Ordinance 33. In the past this office has recommended approval to conveyances by metes and bounds only when the request was to complete a simple lot split resulting in a easily discernable legal description, i.e. the southerly 50 feet of lot "x". Recommendation From all appearances, the request at hand would generate, and/or perpetuate an inordinately cumbersome legal description not representative of a simple lot split. Based on this, I recommend that the city council require the applicant to perform a replat on the McFarland and Cl v 1 nd properties in accordance with Subdivision Ordinance 33. Manager's Comments The city council could act to approve the request conditioned upon placing such in a plat format. This office totally agrees with the recommendation of the Planner that the request should be placed in a plat format. The description as now proposed by the applicant is totally unwieldy and to approve such in a metes and bounds form would be opposite previous city council policies. Again, this was approved in a metes and bounds -i-s-ren previously; however, such was a simple description at that time, i.e. the northerly 120 feet of lot 24. This is no longer the case as can be seen by reviewing the new description. Council Meeting Octobr 2, 1978 -4- CERTIFICATION OF DELINQUENT -1978 SEWER AND WATER BILL. Mr. James Schneider was. present to protest the delinquent sewer, and water bill against his property `at-- 220 West 78th 'Street. The, property was rented out arid- bhbeknown to Mr. Schneider the bills were not paid. He feels he should have been notified by the City that the bills .were not bei'n-g- paid prior to the certification notice. o question the city policy on billing properties -titan Mr. Don Chmiel was present t are not connected to sewer and water. - He felt he had acted in good faith -by --. rmit fee for waterjn--- paying his SAC Charge and pe_- Qugu�t_'l9-77. -Me-accepted a-bid- for- :the -install ation _of -sewer and. water` in 'September 1977 but the contractor did not make.the--eonnection untilSeptember 1978. -Mr.. Chmiel feels he should not to pay sewer and -water charges prior to his hooking to the city utilities. The - Council advised Mr. Chmiel that this problem is between Mr. Chmiel and his contractor': RESOLUTION #78-59: Councilman Geving moved the adoption of a resolution certifyim, to the County Auditor the -delinquent sewer and water utility bills as recommended by the City Manager in his October 1978 memorandum 'to -.the -City Council. ' Resolutix secondedby'Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes_ Motion carried. CONDITIONAL USE PERMIT - DAVE ADAMS, PLATING SHOP: tor. Adams -is requesting appra:}t. o es a �s a p a Ong s op �n e anus ul ing at 510 West 78th Street. The Planning Commission recommended the - Council ­grant a conditional use permit subjec: to an approval letter from the State PCA. -The--Ass-istant- City Planner recommended - the Council approve the request of- Di -versified- Pl-ating and direct 'staff to prepare a conditional use permit which specifically includes provisions that require the applicant to -receive the approval of the -Metropolitan, Waste -Control Commission — on their industrial SAC applications that noise eminating from the operation be within the standards as adopted by ordinance, and that the operation expel no,,',.', obnoxious odors to the'surrounding,properties: -y Councilman Neveaux moved to approve the -request-for Diversified Plating and -direct staff to prepare the conditional use permit as outlined in the Assistant City':'_ Planner's report of September-28, 1978. Motion seconded by Councilman Waritz.-1 The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz> and Geving. No negative votes.- Motion carried. - LOT DIVISION bJALTER CLEVELAND, MURRAY HILL: Mr.- Cleveland is -requesting approv31 subdivide portions of Lots -23 and 24, 7 Murray to 'Hill Addi tion, into two single family lots. He is also requesting a variance to Ordinance 33 to convey the land by metes and bounds -description. The property presently has one sewer and water. lateral and trunk unit assessed. Cou ncilman Pearson moved to approve the'Cleveland subdivision request as indicated in `the Assistant City Planner-s letter of September 28, ber 2,1978.condi ioOn p the Attorney reviewing the survey'that-%alas -receive, OC�Leconded26y1CounciOmansNevea� water assessment will be placed on the lot. Motion The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Uaritz;_ and Geving. tlo- -negative votes.- Motion -carried. _ CONSENT AGENDA: Mayor Hobbs asked if--any--Council member ished tovdiscCou.ncil an item; -on the consent agenda. As -no additional --comments- Neveaux moved to accept the consent-'agenda-as. onsent-'agenda-as recommended by -the' Ci ty" Manager' a. Minnewashta Woods --and Sunnyslope Addition, Ordinance Rezoning to P-1. b. Lyman Lumber, Preliminary Resolution approving $1-5 million RESOLUTION `78-60 CITY OF 7610 LAREDO DRIVE•P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 28, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Cleveland Subdivision Request, Walter Cleveland, 6291 Murray Hill Road APPLICANT: Walter Cleveland PLANNING CASE: P-575 Petition Mr. Cleveland is requesting to subdivide portions lot Lots 23 and 24 of the Murray Hill addition into two single family residential sites. Mr. Cleveland is also requesting a variance to subdivision ordinance 33, whereby he is requesting to convey the land by metes and bounds description. Background 1. 'Community Location: As shown in enclosure 1, the subject property is located approximately 700 feet north of the intersection of Melody Hill Road and Murray Hill Road on the east side of Murray Hill Road. 2. Existing Zoning: The subject property and it's environs are presently zoned R-1, single .family residence district. 3. Utilities: Sanitary sewer and municipal water are presently avail- able to the subject property. 4. Comprehensive Plan Proposals: a. Land Use: Pursuant to the adopted city comprehensive guide plan, the subject property and it's environs are to assume and maintain a low density single family identity. b. Transportation: Pursuant to the adopted city comprehensive transportation plan, Murray Hill Road is to function as a local street. Mr. Don Ashworth -2- September.28, 1978 Planner's Comments Pair. Cleveland is proposing to split the property at a point 120 feet south of the north property line of lot 24. For procedural purposes, a replica of a survey taken August 8, 1959 has been made. (Reference enclosure 2.). This replica shows the existing residence to come within 26 feet of the property split line at it's closest point. 2. The subject property presently has one sewer and water lateral and trunk unit assessed to it plus deferred assessments. At the time of subdivision, an additional water and sewer lateral and trunk unit would be placed on lot 24. 3. From reviewing the proposed property split, it appears.that conveyance of this parcel by metes and bounds would not prove to be unduly cumberscme,because of the rectangular fashion in which the proposed split is to occur, and that it has already established reference points from the plat of Murray Hill. 4. As shown in the attached Planning Commission minutes of September 13, 1978, the planning commission duly held a public hearing and subsequently moved to recommend the. city council look with favor upon the request to split the lot as proposed and to convey the parcel by metes and bounds description. Planner's Recommendation In concurrence with the planning commission, I recommend that the city council approve the subdivision and the variance as requested. Also, I urge that the city council remind the applicant that any and all developments to occur on the property should show regard for the existing vegetation and physiography. REGULAR PLANNING C MISSION MEETING SEPTEMBJ 3, 1978 Roman Roos called the meeting to order at 7:30 p.m. with the following members present: Jerry Neher and Dick Matthews. Hud Hollenback, Mal MacAlpine and Walter Thompson were absent. Craig Mertz was present_ NEW MEMBER: Tim Stone was sworn in as a member of the Planning Commission to replace Les Bridger. MINUTES: Jerry Neher moved to approve the July 26, 1978, Planning Commission minutes. Motion seconded by Dick Matthews. The following voted in favor: Roman Roos, Jerry Neher, and Dick Matthews. Tim Stone abstained. Motion carried. Jerry Neher moved that the petitions that have been received by the City regarding the Bloomberg/Davis Subdivisions be entered into the minutes of the public hearing of August 23, 1978. Motion seconded by Roman Roos. The following voted i.n.favor: Jerry Neher and Roman Roos. Dick Matthews and Tim Stone abstained. Motion failed. Jerry Neher moved to approve the August 23, 1978, Planning Commission minutes as amended. Motion seconded by Roman Roos. The following voted in favor: Jerry Neher and Roman Roos. Dick Matthews and Tim Stone abstained. Motion failed. Dick Matthews moved to note the August 21, 1978, Council minutes. Moti.o2 seconded by Jerry Neher and unanimously approved. _ Tim Stone moved to note the August 28, 1978, Council minutes. Motion seconded by Dick Matthews and unanimously approved. PUBLIC HEARING WALTER CLEVELAND SUBDIVISION Roman Roos called the hearing to order. Mr -and Mrs.'Walter Cleveland were present. Mr. Cleveland.is requesting approval to subdivide portions of Lots 23 and 24, Murray -Hill into -two single family lots. He is further requestia a variance to Ordinance 33 so he can convey the land by metes and bounds description. Dick Matthews moved to close the public hearing. Motion seconded by Jerry Neher and unanimously approved. WALTER CLEVELAND SUBDIVISION: Dick Matthews moved to recommend the Council approve the subdivision of Lots 23 and 24 into two parcels. One consisting of the northerly 120 feet of Lot 24 and the second parcel consisting of all of Lots 23 and 24 except the northerly 120 feet of Lot 24. The Planning Commission further recommends a variance to Ordinance 33 to convey the land by metes and bounds description. The' City- Engineer -'will approve the legal descriptions. Motion seconded by Tim Stone and unanimously approved. PUBLIC HEARING HESSE FARM PRELIMINARY DEVELOPMENT PLAN PHASES II AND I -II Roman Roos called the hearing to order. The Assistant City Planner gave his report dated September 8, 1978. OF •• r • • 9Pl ,d_ • • • • • 1 • Q l OPL � 1OPL ��� l /.• 3 OF OF •\tom % ' • PL L a k e` 1 • �K, e wash t B OPL z • �� ` q 1 C . OFCOD • ' F• OF 1 C OPL OF f� ''7 OF PB •F •F HI •F• 1 •F � ♦RaORETUM f • •F y � . OF :-' F - %=-- 4 i'� +�•e .��� A L0T �4-1 I 0 _"-, J�R�nosE� pRQnEi�T�`' s€'Lir srxo C.,T0R i I sT �� NI R E A L T O R S ;• a is I nTREETER. ANDRUS WEST, INC. iy September 13, 1979 x -3 Mr. Don Ashworth City Manager Chanhassen, Minn. 55317 Dear Mr. Ashworth; 17717 HIGHWAY 7, MINNETONKA MINNESOTA 55343, (612) 474-5291 101 E. HIGHWAY #212, CHASKA, MINNESOTA 55318, (612) 448-5577 Hereby request a waiver of the sub -division ordinance to permit the recording of the metes and bounds description, j relative to the land exchange between Cleveland and McFarland. Enclosed are copies of the deeds showing the exchange, and we request that the above mentioned, be on agenda for action by the Council at the meeting of October 2, 1979. Sincerely, Aldine Grindy, GRI STREETER-ANDRUS, INC. 41 & 212 - Depot AG:ds enclosures CO SP-P 1979 RECEIVED VILLAGE OF GHAINHASSF3+( . � MINK. ,14 REAL ESTATE IN THE WEST SUBURBAN AND LAKE MINNETONKA AREA RESIDENTIAL • FARMS 9 COMMERCIAL • APPRAISALS • LAND DEVELOPMENT �8. 0(' Sj '� V A !/.¢- err: --. l - s' t ,1� F .1.by.a ,i, ' L 5, g -W T ' ''� 5 A' W"N Aj C1 I K A MINNESOTA 5513 18 OFFICE OF REGISTER OF DEEDS CARL W HANSON Phone 448-3435 Ext. 22 September 26, 1979 Mr. Fred Plocher Streeter -Andrus West 101 East Highway 212 Chaska, Minnesota 55318 Re: Cleveland/McFarland/Bacon Transfer Dear Mr. Plocher Per your request, the deeds referred to above were accepted for recording on September 21, 1979. These deeds have not caused this office any problems in indentifying the parcels of land nor in tract indexing them in the County Records. Sincerely, Carl W. Hanson Jr. County Recorder W f- CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth being first duly sworn, on oath deposes and says that he is and was on October '3 r 19 79 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said. date he caused to be mailed a copy of the attached notice of hearing on a Walter Cleveland Replat in the City to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. Don Ashworth, City Manager Sub scri and swor to be ore e this day of 19= el? -Notary Public A EN LHARDT TARY;NNESOTq CARR+' OUiVTY My commiss� : :'-pires Oct. 11, IN5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR REPLAT FOR WALTER CLEVELAND, CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN That the City Council of the City of Chanhassen will meet on Monday, the 15th day of October at 7:45 p.m. at the City Hall, 7610 Laredo Drive for the purpose of holding a public hearing to consider the replat of the following described tract of land: "Commencing at the southwest of corner of lot 24 of Murray Hill Addition thence north 59' thence east 303.69' thence south 125' thence west 143.69' thence south 90' thence west 160' thence north 156' to point of beginning." A plan showing said proposed replat is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE CITY COUNCIL Don Ashworth, City Manager (Publish in the Carver Co. Herald on October 3, 1979.) Mr. Arthur W. Partridge 6260 Hummingbird Road Excelsior, MN 55331 Mr. Wayne Fransdal 6291 Cardinal Excelsior, MN 55331 Mr. Robert Sommer 6239 Chaska Road Excelsior, MN 55331 C. Edward Howard Rt. 5 Box 65 Excelsior, MN 55331 George Cranbrook, Jr. Rt. 5 Box 890 Excelsior, MN 55331 Louis Anderson 6230 Murray Hill Road kxcelsior, MN 5533.1. City of Shorewood 20630 Manor Road Shorewood, MN 55331 Mr. Arthur Pachkofsky 15798 Judicial Road Burnsville, MN R t V (t David Gruneisen 15798 Judicial Road i Burnsville, MN t' t f Marvel Eggum !, 15798 Judicial Road Burnsville, MN i `t Michael Mills 6300 Hummingbird Road I Excelsior, MN 55331 r yJ ' Robert Naegle Jr.' Edgewood Road !. Excelsior, MN 55331 j i' E' Mr. Walter Cleveland Mr. Mark Anderson 6291 Murray Hill Road it. 6270 Murray Hill Road Excelsior, MN 55331 f Excelsior, MN 55331 Mr. Richard D. McFarland 6341 Murray Hill Road Mr. Clifford Woida Excelsior, MN 55331 6398 Murray Hill Road Excelsior, MN 55331 3 Mr. John Haugdahl Rt. 5 Excelsior, MN 55331 Edgar Graupmann 6330 Murray Hill Road Excelsior, MN 55331 CITYbF "' CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 26, 1979 TO: City Manager, Don Ashworth FROM: Asst. Manager/LUC, Bob Waibel SUBJ: Subdivision Request, 6261 Murray Hill Road APPLICANT: Walter Cleveland PLANNING CASE: P-575 Petition The applicant is requesting that the city council reconsider the previous division line as approved by the city council at its regular meeting of October 2, 1978. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 700 feet north of the intersection of Melody Hill Road and Murray Hill Road on the east side of Murray Hill Road. 2. Existing Zoning: The subject property and its environs are presently zoned R-1, single family residential district. 3. Utilities: Sanitary sewer and municipal water are presently available to the subject property. Action Previously Taken As shown in the attached city council minutes of October 2, 1978, the city council moved to approve the subdivision request as indicated in the planning report of September 28, 1978 and conditioned upon the attorney's reviewing the survey that was received October 2, 1978. The approval essentially permitted Mr. Cleveland to convey property by metes,.and bounds description in compliance with the attached graphic indicated as enclosure 2. Mr. Don Ashworth -2- September 26, 1979 Comments The applicant's representatives have informed this office that it is their intention to realign the southerly property lines of the Cleveland property to coincide with an. existing fence line along said southern boundary. As shown in enclosure 3, the fence encroaches approximately 12 feet onto the McFarland Property to the south on the east/west align- ments, and encroaches approximately 2 feet upon the Cleveland Property on the north/south alignment. It is the intention of the applicant to convey that portion on enclosure 3 as indicated in blue from Mr. McFarland to Mr. Cleveland, and that portion indicated in red from Mr. Cleveland to Mr. McFarland, and additionally, as indicated in the Streeter Andrus letter of September 13, 1979, such is being requested as a waiver to the platting requirements of Subdivision Ordinance 33. In the past this office has recommended approval to conveyances by metes and bounds only when the request was to complete a simple lot split resulting in a easily discernable legal description, i.e. the southerly 50 feet of lot "x". Recommendation From all appearances, the request at hand would generate, and/or perpetuate an inordinately cumbersome legal description not representative of a simple lot split. Based on this, I recommend that the city council require the applicant to perform a replat on the McFarland and C1 v 1 nd properties in accordance with Subdivision Ordinance 33. 4; lW Manager's Comments The city council could act to approve the request conditioned upon placing such in a plat format. This office totally agrees with the recommendation of the Planner that the request should be placed in a plat format. The description as now proposed by the applicant is totally unwieldy and to approve such in a metes and bounds form would be opposite previous city council policies. Again, this was approved in a metes and bounds provision previously; however, such was a simple description at that time, i.e. the northerly 120 feet of lot 24. This is no longer the case as can be seen by reviewing the new description. -4- Council Meeting Octob, 2, 1978 7. CERTIFICATION OF DELINQUENT -1978 SEWER AND WATER BILLS.- Mr. James Schneider —was. present to protest the delinquent sewer- and waiter bill against his prorperty,-,�.'t.-__ 220 West 78th:Street. The, property was rented out arid -unbeknown to Mr. Schneider the bills were not paid. He feels he should have been notified by the City g-paid prior to the certification notice. that the bills were not being billing properties -that Mr. Don Chmiel was present to question the city -policy on in good faith -by-:---.. are not connected to sewer and water., He felt he had acted paying hisSACCharge- and permit fee for- water..in,-Kugu-st-19-77.--,He"cl-cc6pted a -bid. 6r;a�d.-W-a�tE�,�'.--i-n-l'SL-ptember 1977 bdt'the contractor did for..' - 6-.1"nstal i I ati on- bf $ew 1978. - Mr. - Chmi el fe6l s h 0 s h oul d not have not make the.,eonnection until'September to pay sewer and 'water charges prior to his hooking to the city utilities. The Council advised Mr. Chmiel that this problem is between Mr. Chmiel and his coniracto'-r'.' RESOLUTION #78-59: Councilman Geving moved the adopti-on of a resolution certifyinq to the County Auditor the -delinquent sewer and water- utility "bills as recommended by Ahe City Manager in his October 1978 memorandum -'to- the, -City Council. - Resoluti.3" seconded, by 'Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. CONDITIONAL USE PERMIT DAVE ADAMS, PLATING SHOP: Mr. Adams is requesting appraT11 ;:j::I �i :p 5: ::E e -anus ul ing at 510 West 78th Street. The t 8- e �sa �is ­ap � �:, � , 1 1, ' 1- 111 1 permit subject, Planning Commission recommended the Council -grant � a conditional use to an approval letter from the State PCA. :- The -- Assistant, City Planner recommended ttt the Council approve the request of- Di'vers-ified- Pl-ating and direct -staff to prepare a conditional' use permit which specifically -includes provisions -that require the applicant to -receive the approval of the :Metropolitan- Waste -Control Commission— on their industrial SAC application'that noise eminating from the operation be within the standards as adopted by ordinance, and that the operation expel no.-,, obnoxious odors to the surrounding properties. Councilman Neveaux moved to approve the request -for Diversified Plating and-dir6ct staff to prepare the conditional use pen -nit as outlined in the Assistant City'`_-_ Planner's report of September 28, 1978. Motion seconded by Councilman Waritz.-l'-- or: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz The following voted in fav and Geving. : No negative votes.- Motion carried. LOT DIVISION - WALTER CLEVELAND, MURRAY HILL: Mr.' Cleveland is requesting appr - OV31 subdivide -Mu ay*Hill I Addition, into twosingle n ubd �ide portions o _tt__o_- s �1 �ip�®rti portions �Lots �-2, -and 24, family lots. He is also requesting a variance to Ordinance 33 to convey the land by metes and bounds description. The property presently has one sewer and water lateral and trunk unit assessed.-' Councilman Pearson moved to approve the 'Cleveland- subdivision - request as indi-cated in the Assistant City Planner's letter of September 28, 1978,-conditioned- upon the Attorney reviewing the survey- that -was --received, October 2, -1978. One sewer water assessment will be placed on the lot. Motion seconded by Councilman Neveata- The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz - i - - and Geving. No negative votes., Motioncarried. CONSENT AGENDA: Mayor Hobbs asked if any -Council member wished to discuss. an3r`-_ - I items on the consent agenda.- As no additional -comments"vrere.received,Councilman - Neveaux moved to accept the - consent -agenda -as recommended by the City Manager. ­ a. Minnewashta Woods, -and Sunnyslope Addition, Ordinance Rezoning to P - -1 - b. Lyman Lumber, Preliminary Resolution approving $1.5 million I.R.B. RESOLUTION #78-60 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 28, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Cleveland Subdivision Request, Walter Cleveland, 6291 Murray Hill Road APPLICANT: Walter Cleveland PLANNING CASE: P-575 Petition Mr. Cleveland is requesting to subdivide portions lot Lots 23 and 24 of the Murray Hill addition into two single family residential sites. Mr. Cleveland is also requesting a variance to subdivision ordinance 33, whereby he is requesting to convey the land by metes and bounds description. Background 1. :Community Location: As shown in enclosure 1, the subject property is located approximately 700 feet north of the intersection of Melody Hill Road and Murray Hill Road on the east side of Murray Hill Road. 2. Existing Zoning: The subject property and it's environs are presently zoned R-1, single family residence district. 3. Utilities: Sanitary sewer and municipal water are presently avail- able to the subject property. 4. Comprehensive Plan Proposals: a. Land Use: Pursuant to the adopted city comprehensive guide plan, the subject property and it's environs are to assume and maintain a low density single family identity. b. Transportation: Pursuant to the adopted city comprehensive transportation plan, Murray Hill Road is to function as a local street. Mr. Don Ashworth -2- September .2.8, 3978 Planner's Comments Mr. Cleveland is proposing to split the property at a point 120 feet south of the north property line of lot 24. For procedural. purposes, a replica of a survey taken August 8, 1959 has been made. (Reference enclosure 2,,). This replica shows the existing residence to come within 26 feet of the property split line at it's closest point. 2. The subject property presently has one sewer and water lateral and trunk unit assessed to it plus deferred assessments. At the time of subdivision, an additional water and sewer lateral and trunk unit would be placed on lot 24. 3. From reviewing the proposed property split, it appears that conveyance of this parcel by metes and bounds would not prove to be unduly cumbersane,because of the rectangular fashion in which the proposed split is to occur, and that it has already established reference points from the plat of Murray Hill. 4. As shown in the attached Planning Commission minutes of September 13, 1978, the planning commission duly held a public hearing and subsequently moved to recommend the-. city council look with favor upon the request to split the lot as proposed and to convey the parcel by metes and bounds description. Planner's Recommendation In concurrence with the planning commission, I recommend that the city council approve.the subdivision and the variance as requested. Also, I urge that the city council remind the applicant that any and all developments to occur on the property should show regard for the existing vegetation and physiography. 04 aJ,f?Y REGULAR PLANNING C :MISSION MEETING SEPTEMBER 3, 1978 Roman Roos called the meeting to order at 7:30 p.m. with the following members present: Jerry Neher and Dick Matthews. Hud Hollenback, Mal MacAlpine and Walter Thompson were absent. Craig Mertz was present. NEW MEMBER: Tim Stone was sworn in as a member of the Planning Commission to replace Les Bridger. MINUTES: Jerry Neher moved to approve the July 26, 1978, Planning Commission minutes. Motion seconded by Dick Matthews.. The following voted in favor: Roman Roos, Jerry Neher, and Dick Matthews. Tim Stone abstained. Motion carried. Jerry Neher moved that the petitions that have been received by the city regarding the Bloomberg/Davis Subdivisions be entered into the minutes of the public hearing of August 23, 1978. Motion seconded by Roman Roos. The following voted in. favor: Jerry Neher and Roman Roos. Dick Matthews and Tim Stone abstained. Motion failed. Jerry Neher moved to approve the August 23, 1978, Planning Commission minutes as amended. Motion seconded by Roman Roos. The following voted in favor: Jerry Neher and Roman Roos. Dick Matthews and Tim Stone abstained. Motion failed. Dick Matthews moved to note the August 21, 1978, Council minutes. Motion seconded by Jerry Neher and unanimously approved. Tim Stone moved to note the August 28, 1978, Council minutes. Notion seconded by Dick Matthews and unanimously approved. PUBLIC HEARING WALTER CLEVELAND SUBDIVISION Roman Roos called the hearing to order. Mr-. and Mrs. Walter Cleveland were present. Mr. Cleveland is requesting approval to subdivide portions of Lots 23 and 24, Murray Hill into•two single family lots. He is further requestinc a variance to Ordinance 33 so he can convey the land by metes and bounds description. Dick Matthews moved to close the public hearing. Motion seconded by Jerry Neher and unanimously approved. WALTER CLEVELAND SUBDIVISION: Dick Matthews moved to recommend the Council approve the subdivision of Lots 23 and 24 into two parcels. One consisting of the northerly 120 feet of Lot 24 and the second parcel consisting of all of Lots 23 and 24 except the northerly 120 feet of Lot 24. The Planning Commission further recommends a variance to Ordinance 33 to convey the land by metes and bounds description. The' City Engineer will approve the legal descriptions. Motion seconded by Tim Stone and unanimously approved. PUBLIC HEARING HESSE FARM PRELIMINARY DEVELOPMENT PLAN PHASES II AND III Roman Roos called the hearing to order. The Assistant City Planner gave his report dated September 8, 1978. t d • PN r PN . • • • • • • • • a • • ��, • . • • • . •" • LEN • • cn L a k e`1 i • : -\l • .F 7 I OF • • e w a s h t \��•i. OPL 1 mO • i • i 7\ OPL / \ - 1 2 u -act '�. • - C) a•, OF F • _ zJ' F• OF 1 _ OPL • •F t -- - - T •F • AR lIM HI •F 1 OF r ARBORETUM r a • 0: • •F 1 i u OF 1 P .F L.�,,...`. or SUBDIVISION PLAN Applican Name: i/ CASE NO. SUB. City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST s Date of Application Escrow Paid_ D4te Received.by rst Address: Street L Initi 1 tate 7 Zip Code Owner: 'Last First Initial Address: ',�d ` 7)Z�te Z L " i Number and Street city, State Zip Code Address. of property in question: �f .e i Legal description of property in question: Present zoning of property: Present use of property: Proposed use of property: The following documents if appropriate shall be attached to this application: Date Received Sketch Plan ,2.� Preliminary Plat J Escrow Account A!--O- ` ` Initial -51- Date Received Initial f41 Abstractor's Certificate g %( Final Plat I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for sub- division. Signature of Applicant Received by Title Date (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY -- --- — _-- _ -- —�_ -- BY — -- � Sketch Plan on Planning Commission Agenda Planning Commission Postponed to Preliminary Plat on Planning Commission Agenda Planning Commission Postponed to Newspaper Publication Adjacent Property Owners Notified Public Hearing Planning Commission Action Prelimitary Plat. on Council Agenda Council Postponed to Council Action- _ Final Plat on Planning Commission Agenda Planning Commission�Postponed to Planning Commission Action Final Plat on Council Agenda Council Postponed to Council Action Final Contract Executed Escrow Returned - Amount: -52- PLANNING COMMISSION RECOMMENDATION (Preliminary Plat) On this day of 19 , this preliminary plat was recommended for (approval) , (disapproval) subject to the following conditions: Chairman of Planning Commission Action by City - Preliminary Plat On this day of 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved) this Preliminary Plat subject to the following conditions: By.order of the Chanhassen City Council Attest: City Administrator - -53 PLANNING COMMISSION RECOMMENDATION - Final Plat On this day of 19 , this Final Plat was recommended for (approval), (disapprova.l) subject to the following conditions: Chairman of Planning Commission Action by City - Final Plat On this day of 19 , the. Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved) this Final Plat subject.to the following conditions: By order- of the Chanhassen City Council Mavor Attest: City Admin str.ator WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY 8. GOROON THEODORE 0. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING 000 - — SCHOELL & MADSON, INC. ENGINEERS ANO SURVEYORS r (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Mr. Walter Cleveland Route 5, Box 57 Excelsior, Minnesota 55331 Subject: Dear Mr. Cleveland: OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS September 14, 1978 Proposed Division of Murray Hill Lots 24 and 23 The proposed division of the subject lots will result in an additional assessment against your property of $5,088.15 as follows: One additional lateral sewer unit One additional lateral water unit Less area credit Sub -Total Add 7%.interest for five years Total Additional Lateral Assessments One additional trunk sewer unit One additional trunk water unit Sub -Total Add 7% interest for five years Total Additional Trunk Assessments Total Additional Assessments $2,537.00 1,132.00 - 600.00 $3,069.00 1,074.15 $4,143.15 $ 320.00 380.00 $ 700.00 245.00 $ 945.00 $5.088.15 The lateral assessment would be placed on the tax rolls and spread over a ten-year period at 7% interest upon approval of the subdivision. The trunk assessments become payable in full when a building permit is taken out. SCHOELL & MAOSON. iNc. Mr. Walter Cleveland Page 2 September 14, 1978 I have attached, for your information, a copy of a part of the plan indicating that a service was installed to serve the north part of Lot 24. If you have any questions, please contact us. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:sg enclosure cc: City of Chanhassen CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 7, 1978 TO: Planning Commission, Staff, Walter Cleveland - 6261 Murray Hill Rd. - Excelsior, Mn. 55331, and Aldine Grandy, Streeter - Andrus, Inc., Highways 41 & 12, Chaska, Minnesota 55318 FROM: Assistant City Planner, Bob Waibel SUBJ: Variance and Subdivision Request, 6261 Murray Hill Rd. APPLICANT: Walter Cleveland PLANNING CASE: P-576 Petition Mr. Cleveland is requesting to subdivide portions of Lot 24 and 23 of the Murray Hill Addition into two single-family residential sites. Mr. Cleveland is requesting a variance to Subdivision Ordinance 33 whereby he can convey the land by metes and bounds description. The Planning Commission, as stated in the public hearing notice, is to gather neighborhood sentiment to the proposed subdivision. Planner's Comments 1. Mr. Cleveland is proposing to split the property at a point 120 feet south of the north property line of Lot 24. For procedural purposes a replica of a survey taken August 8, 1959 has been made. (Reference enclosure 1) This replica shows the existing residence to come within 26 feet of the proposed property split line at its closest point. 2. Subject property presently has one sewer and water lateral and trunk unit assessed to it plus deferred assessments. At time of subdivision an additiona]water and sewer lateral and trunk unit would be placed on Lot 24. 3. From reviewing the proposed lot split, one can gather that:cor-yve'ance of this parcel by metes and bounds would not prove to be unduly cumbersome, because of the rectangular fashion in which the proposed split is to occur and that it already has established reference points from the plat of Murray Hill. Planning Report -2- September 7, 1978 4. The applicant should place an escrow deposit with the Chanhassen City Treasurer's Office in the amount of $150.00 to defray staff costs in processing this application. This escrow deposit shall be posted with the Treasurer's Office before any further consideration of this proposal by the City Council. 5. If the applicant's request is granted, it is important that any development which occur on the subject property show regard for the existing vegetation and physiography of the parcel. Planner's Recommendation I recommend that the Planning Commission recommend the City Council approve the subdivision as requested, and also recommend approval of the variance to convey the property by metes and bounds description. 418DO Murray Hill 24 Walter & C. Cleveland 6261 Murray Hill Rd. Sewer Lateral Water Lateral 3245.00 f Trunk Sewer Unit 1840.00 Trunk Water Unit 320.380.00 IMPT-T. DESCSEPE° 9r 4MTER BEGINNING OATJJ _( 1 -72 NO l 971 '" 1 _ CODE YEAR RECORDING DATE) -n1 -74 INT. -� PAYABLE 1 AMOUNT MEMO RA T•Ov -� 1 �j NO. OF YF7S _ "" I 2 1 75 3 '1 ,, . V 763.62 PRINCIPAL INTEREST SAL CE -,�- 4 19fi 4 377.95 5C) 3.66 s ��jj �� S 1- t� ' t^9.62 r.r .f 3,35.67 3°.� 2j.95 4L42.32 19;; e i 620.64 49 g7 �4c,,° 385u .> .65 ' 19b2 b0r1.64 L 64 j 5.67 38�.67 21-2.97 �. 30S5.31 it 1 3 ' I 19, 547,6 �� b� 215.97 1� � �99.64 F 1535 {� C?� � 6:v ( 66 3 5 385.07 �3 1 1 e77 s c3a�^ 1924,30 13 13 y,; to i987 `933 Crb.CO 385.67 107.99 T•99 1542,63 ,5 1988 439.66 412: 3�5.6 385.67 60.9.9 1156.96 771.29 '7 385.62 53.99 27.Q0 385.62 17 1 .00 19 20 22 33 24i 25 26 26 25 31 32 I ! $urrou,}hs - dV5 »E55 01�5 ° SPECIAL ASSESSMENT VILLAGE OF CHANHASSEN CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA } } ss. COUNTY OF CARVER ) Don Ashworth , being first duly sworn, on oath deposes and says that he is and was on August 29 19 78 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a Proposed Subdivision for Walter Cleveland, Chanhassen, Minnesota inthe City to the persons named on attached Exhibit. "A",. by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of Notary Public Don Ashworth City Manager Arthur W. Partridge George Cranbrook, Jr. ;2'80' Hummingbird Rd. Rt. 6 Box 890 Excelsior, Mn. 55331 Excelsior, Mn. 55331 Wayne Fransdal 6291 Cardinal Excelsior, Mn. 55331 Robert Sommer 6239 Chaska Rd. Rt. 5 Excelsior, Mn. 55331 C. Edward Howard Rt. 5 Box 65 Exc., Mn. 55331 Louis & Nora Anderson Rt. 5 Excelsior, Mn. 55331 Walter Cleveland 6291 Murray Hill Rd. Exc., Mn. 55331 Richard D. McFarlane Rt.----5 Box 65 Excelsior, Mn. 55331 E i John & Jay Haugeahl Rt. 5 Excelsior, Mn. 55331 Edgar Graupmann 6330 Murray Hill Rd. Exc., Mn. 55331 City of Shorewood 20630 Manor Rd. Shorewood, Mn. 55331 CITY OF CHANHASSEN 7610 LAREDO DRIVE9P.O BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 7, 1978 TO: Planning Commission, Staff, and Walter Cleveland, 6261 Murray Hill Road, Excelsior, Mn 55331, and Aldine Grindy, Streeter - Andrus, Inc., Depot, Highways 41 and 212; Chaska, MN 55318 FROM: Assistant City Planner, Bob Waibel SUBJ: Variance Request, 6261 Murray Hill Road APPLICANT: Walter Cleveland PLANNING CASE: P-576 Petition Mr. Cleveland is requesting to subdivide lot 24 of the Murray Hill Addition into two single family residential sites. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 700 feet north of the intersection of Melody Hill Road and Murray Hill Road on the east side of Murray Hill Road. 2. Existkng Zoning: The subject property and it's environs are presently zoned R-1, single family residence district. 3. Utilities: Sanitary sewer and municipal water are presently available to the subject property. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the adopted city comprehensive guide plan, the subject property and it's environs are to assume and maintain a low density single family residential identity. b. Transportation: Pursuant to the adopted city comprehensive transportation plan, Murray Hill Road is to function as a local street. Planning Commissiol -2- Planner's Comments 1. The Planning Commission at this to the proposal's consistency with for the subject property. ,August 7, 1978 time should restrict their comments the city's ordinances, and plans, 2. Mr. Cleveland is requesting to subdivide his property through a lot split into two residential sites. Mr. Cleveland's residence is that depicted on the sketch plan as the existing home south of lot 24. The preliminary development plan should include the total ownership of Mr. Cleveland as described in the attached legal description with respect to the proposed lot split and the surrounding land uses and structures within 100 feet of the subject property. 3. Before preliminary development plan reviec,"information should be furnished concerning the status of the triangular 90 foot exception on the northwest corner of lot 24. The applicant should do as much as possible to incorporate the 90 foot parcel for purposes of frontage requirements as prescribed by subdivision ordinance 33. 4. Any development occurring in this property will have to concern itself to a certain degree with the westward sloping nature of the parcel. Planner's Recommendation I recommend that the Planning Commission encourage the applicant to proceed with preliminary development plan and order a public hearing to be held on September 13, 1978. 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