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78-11 Gallagher SUB pt 141-LIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLO E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILUAM R. ENGELHARDT BRUCE G. SUNOING R. SCOTT HARRI 76-�k far SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS January 4, 1979 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: T..E. Gallagher Property (Tax Parcel 410DO) North Service Area, Special Assessments, Our File No. 7120. Gentlemen: In accordance with adopted assessment criteria,.the total special assessment on the subject parcel will be $49,589, as follows: 11 Lateral Sanitary Sewer Units at $2,537.00/unit $27,907. 11 Trunk Sanitary Sewer Units at $ 320.00/unit 3,520 11 Lateral Water Units at $1,132.00/unit 12,452 11 Trunk Water Units at $ 380.00/unit 4,180 38,250 Square Foot Area Charge at $ 0.04/S.F. 1,530 TOTAL $49,589 Interest _in the amount of seven (7) per cent per year must be added to the difference between the total and initial assess- ments. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:bk C IT"t OF CHANHASSEN 7610 LAREDO DRIVE 0P.O. BOX 147*CHANHASSEN, MINN ESOTA 55317 (612) 474-8885 April 10, 1979 GALLAGHER ASSESSMENT COMPUTATION Total amount assessed against the property 49,589.00 Original amount assessed in 1973 24,175.00 Amount deferred from original assmt 3,210.00 Amount levied and 1/15 payable each year (1974 to 1988) 20,965.00 TOTAL AMOUNT DEFERRED (incl 3,210.00) 28,624.00 28,624.00 YEAR AMOUNT PRINCIPAL INTEREST BALANCE 10-1-73 -- -- 500.91 29,124.91 1974 -- -- 2,003.68 31,128.59 1975 -- -- 2,003.68 33,132.27 1976 -- -- 2,003.68 35,135.95 1977 -- -- 2,003.68 37,139.63 1978 -- -- 2,003.6.8 39,143.31 1979 -- -- 2,003.68 41,146.99 The total amount due of the deferred amount = 28,624.00 plus 12,522.99 Interest. The amount due on the original assessment after the 79 taxes are paid is.5,120.35. The Total amount of unpaid specials against Plate #41ODO as of 4-10-79 is 46,267.34. r ? C Kay Klingelhuz Treasurer a 7610 LAREDO DRIVEAP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 #950 GALLAGHER SUBDIVISION LARSON & MERTZ Oct 1978 Review of North Area Assessment appeal agreement and correspond- ence concerning same to DWA, Bob Waibel and City Treasurer; attend Planning CoFmission discussion on 10/25 concerning proposed development; review on-10/26 of legal description as per request of Bob Waibel concerning disputed boundary of public road, teicon with City Engineers concerning same and furnish report to Waibel concerning same: 63.00 LARSON & MERTZ Nov 1978 Tel.con on 11/7 with Gallagher and teicon with Sob..1laibel concern- ing proposed plat: 10.5C CARVER COUNTY HERALD Public Hearing Notice 22.14 LARSON & MERTZ Jan 1979 Review of assessment settlement.'agreement in preparation for City Council meeting discussion on 1-/9 -10 nn "ME JANUARY 3, 1979 ESCROW PAID $200.00 LARSON & MERTZ Feb 1979 Draft planning agreement on 2/20 for payment of deferred assess- ments and report to DWA: 144.00 AMOUNT DUE CITY 57.64; L C OAU !.t>�G/z� lu /`q,El�?2 f'api /G 7 y 71 is 10,0O 310e N.. CITY OF CHANHASSEN 7610 LAREDO DRIVEsP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 April 4, 1979 Piper, Jaffrey and Hopwood Attn: John A. Gallagher 115 South Seventh Street Minneapolis, MN 55402 Dear Mr. Gallagher: I have been notified by the City Attorney's office that before the plat of your recent subdivision can`be recorded, proof of title must be furnished to the City offices,for-our records. Additionally, the city attorney's office has drafted a platting agreement regarding the special assessments levied on the,property under sewer and water project 71-1. It is anticipated that the city treasurer will certify the figures delineated in:•this agreement in the next few days and a copy of this will be forwarded to 'you for the signature of Mrs. Gallagher. As soon as these above mentioned items have been taken care of, the hardshells will be ready for filing. Sincerely, Bob Waibel Asst. Manager/Planner 9 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH ,�F �r % /.,, a -It LARSON & MERTZ 41- d ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (672) 335-9565 February 21, 1979 , Mr. Don Ashworth City Manager P.O. Box 147 Chanhassen, Minnesota 55317 Dear Don: Re: Gallagher Subdivision /2417Y On January 8, 1979, the City Council approved the Marquerite Gallagher Subdivision conditioned upon the payment of the so called "deferred" project 71-1 assessments. Enclosed you will find our proposed platting agreement for that subdivision. The sole function of this platting agreement is to provide for the payment of the deferred assessments by contractual agreement rather than by the supplemental assessment procedures as set forth in Chapter 429 of the statutes. In Section I of the platting agreement, you will have to fill in the amount of the "deferred" assessments. These deferred assessments would consist of the six units which did not appear on the October 1973 assessment roll. In your January 4, 1979 report to the City Council you state that this amount totals $49,589.00. This office has not made any independent computation of that amount. The October 1973 assessments totaled $24,175.00. The Court Stipulation provides that $3,210.00 of that amount is deferred until such time as the Gallaghers replat the property. When the City Treasurer prepares her assessment amortization schedule for these supplemental assessments she should add this $3,210:00 amount to the $49,589.00 amount mentioned in your January 4, 1979 report. The platting agreement should be signed by all of the owners of the property. Mr. Waibel should ask the developer to supply proof of title. If that proof indicates that there are owners in addition to Marquerite Gallagher, those additional owners must also join in the platting agreement. Very truly yours, Craig M. Mertz CMM: ms Enclosure L 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 B. GORDON THEODORE 0. KEMNA JOHN W.EMON❑ KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen P. 0. Box 147 Chanhassen, MN 55317 SCHOELL. & MAOSON, INC. ENGINEERS AND SURVEYORS 02) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 Attention: Kay Klingelhutz Dear Ms. Klingelhutz: OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS April 6, 1979 Subject: T. E. Gallagher Property (Tax Parcel 410DO) Special Assessments Attached is a copy of our January 4, 1979, letter listing the total special assessment on the subject parcel. The initial assessment on the property was $20,965. The total balance now owing would be the balance of the initial assessment plus the deferred assessment ($28,624) f. plus interest on the deferred assessment in the amount of 7 percent per year since the original assessment. If you have any questions, please contact us. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky: srt +�/• /'� attachment APR 1979 �� EXHIBIT A m p r _ cn --i — --i _ a' o z :D OCC CD -CD 'J CT CD CD A CL r �- — A cD Z ,-,- O -0 C)L z p -z CD CD a -[ OJ CD ' ' r+ O O CD ~' N tin CD -* N cn C) CD 0 CD -. D �--, cD flJ O -= Q CD � C737 i Lo CD LP r , - n O V) V, - z --t �-m — t — .-+, CT CD .+ (') Cn z rt p --% fV CD • - 0 CD V) ? CD to — Q CD ;;o r +- (P V) 77 I*- = CD�,� N � � CO to O -- • CA _ -+, � LO N CD Lo T - CT �+ O CD _ 'Z cn CD v' O Lo CD 0 -� = S � �, , :O 0 C: CD ', ::;E --s Z —. � x -t 3 o' CD CD = C- { n ") CD ,-r -- CD cD -� CID CD CD r- CL -- X C CD O CD O r + � -- O � In -S CD ZT CD O CD V) �T1 � CD x-+ --„ - n CT C/) CD CD r + O CD CD C CID - CD � O P V+ N n Q x C-) p ::3 CD 3 Z7 -S - �p • + W _ =3 - N CD V) cD --Iw Q -t `J O CS aj � S r-' -� O - . CD. C O 37 C- CD Z'3 r • r CD _.+• C7- N CD CD CD Oo lQ -t :�j C7 i17 W =37 CD N M CO �! • O CD C:) 0) " CD LO CD c � O n _ • =3 - < CD CD LO )C' 7 CD un CD In Q �. CD O CD CD CD — �_ � C-)co- -i CD �0 - -t N CD C2 p' O to _ = CD N O _. p Cl CD =) :D7 C (n N C1. C) N CDZ m Ln C:)a CD x o ,��r~` : �� CD o cD O CD O Q �-C CD � .. CD ,-. 7 CD -' CD t Z a CD CD co CD - CD N t C' C)D � C- CD C CD CD t Cy CD O pCD V •-• Q- S O W- Q CD CD C_ cD r. -+ 0 O N CD =3 Q CD Lo D -+ ::3 CD r+ C)_ CD C7 oar CJ '-+ 73 t Q CD CD -^ CD CITY OF 3 CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: January 4, 1979 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Gallagher Subdivision Request, Murray Hill APPLICANT: Marguerite Gallagher PLANNING CASE: P-593 M j • • 11 I 16 Marguerite Gallagher is requesting to subdivide lots 2, 3, 4, 5, of Murray Hill and that parcel described as CTF #3255 into six residential building sites (6271 Hummingbird Road). As shown in the attached survey, the lots proposed to be created would have side lot.lines extending from Hummingbird Road to Co. Rd. #117 (Galpin Lk. Blvd.). The City Engineer will have a report delivered to Council describing the administration of the assessments upon subdivision of the lots. As shown in the attached surveys, the Gallagher pproperty in its present configuration, encroaches onto Co. Rd. #117. TKe pla,nni;ng process on this matter took into account this situation and included remedy in the planning recommendations. Planning Commission duly held a public hearing for the subject subdivision on December 27, 1978 and recommended that the City Council look favorably upon the proposed subdivision on the following cumulative conditions of the Planning Commission and this Planner: 1. That the applicant include in the final plat, the ultimate right-of-way of Co. Rd. #117 upon completion of negotiations with Carver County Highway Department. 2. That the assessments be administrated as per public improvement project 71-1. 3. That any development on the parcel show regard for existing vegetation and topography. 4. That no access be allowed onto Co. Rd. #117 from any of the newly created lots. PLANNING REPORT -2- 'Tanuary 4, 1979 Manager's Comments: Placing special assessments against property is never easy. In the East Lotus Lake project the Council received numerous complaints regarding the 2, 3, 4, and 20 unit assessments placed against undeveloped property. These hearings were not easy for the Council and after making certain adjustments because of errors, etc., the Council did assess total costs of the project. In this case, benefit to the City was knowing exactly what was assessed and to whom. The benefit to owners was knowing the exact amount of assessments and allowing them to determine whether to wait on subdivision and/or determine whether having additional acreage is worth the cost of such( corollary being a decision to have a subdivision with larger lots recognizing the increased cost per lot). This same set of facts is not true in the North service area. Speculation is to the benefit of the owner and detrimental to the City. Additionally, decisions to have larger than normal acreage in new subdivisions often places the burden on the City to attempt to collect deferred assessments. I interpret the comments of Mr. Gallagher (from attached minutes) to be a recognition that deferred assessments have been placed against the property (previous assessments against the property, approximately $24,000, plus deferred totalling $49,589). However, given the financial condition of the North service area project and magnitude of assessments against the property, I believe it is necessary to insure all parties are in agreement, that is: 1. Credits would be given for amounts paid on previous assessments levied. 2. That the then remaining balance together with deferred assessments (plus interest) would be divided between the newly created lots and spread over the remaining years of the North service area project and at the same interest rate as other properties in this project. 3. That the decision to further subdivide any or all of the approximate 50,000 square foot lots would be based solely on planning ordinances and policies. In essence, the City is saying that issues of land -locked parcels, ingress/egress limitations, terrain, etc. are all considerations of preliminary plat approval. In presenting a preliminary plat with larger than normal lots is a decision of the applicant realizing overall assessments against the property. As such, any future decisions to subdivde cannot be based on financial hardship. However, should subdivision of any of these lots be considered and approved by the City Council at a future date, the City policy has been to divide the assessment between the existing lot and newly created lot(s) in manner similiar to that shown in 1. and 2. above. Planning Commissior "leeting October 25, 1978 -11- Tim Stone moved to direct staff to prepare an ordinance amendment standardizing residential, coimnercial, and industrial subdivisions. Motion seconded by Dick Matthews and unanimously approved. PRELIMINARY DEVELOPMENT PLAN - NEW HORIZON HOMES,-INC: Representatives of New Horizon Homes were present to discuss their proposed development on the east side of Powers Blvd. The revised plan shows the street pattern of the proposed development east of MSAS 101 has been altered to directly align with the entrances proposed west of MSAS 101. The entrance onto Powers Blvd. has been deleted. The Planning Commission previously requested that the Park and Recreation Commission review the need for pedestrian access to the park area. Information should be provided that can be incorporated into a grading plan that would provide for noise abatement for the properties adjoining Powers Blvd. and MSAS 101. The applicant should have the plan reviewed by the Riley Purgatory Creek Watershed District prior to the public hearing. Dick Matthews moved to hold a public hearing on November 22, 1978, pending receipt of comments from the watershed district. Motion seconded by Walter Thompson and unanimously approved. SUBDIVISION - MARGUERITE GALLAGHER: Mrs.. Gallagher is requesting approval to subdivide 6.81 acres into six lots. The property is located on Hummingbird Road and is zoned R-1. Sanitary sewer and water are available to the property. Dick Matthews moved to hold a public hearing on December 13; 1978, to consider the Gallagher subdivision request. Motion seconded by Jerry Neher and unanimously approved. SUBDIVISION - MICHAEL SORENSON: Mike Sorenson was present requesting approval to subdivi e acres into one lot near 7606 Erie. The proposed house on the new lot is to gain access via a 420 foot driveway from Erie Avenue. A portion of the driveway is shown to be an easement for ingress and egress to the City of Chanhassen for access for carrying out maintenance on the holding pond Brest of the property. The Assistant City Planner prepared a possible alternative access to the drainage pond and the proposed new lot as well as a way to subdivide the surrounding property. Dick Matthews moved to hold a public hearing to consider a public street from Erie Avenue to Frontier Trail on November 22, 1978.. Motion seconded by Pat Swenson and unanimously approved. SUBDIVISION - ROBERT SOMMER: Dick Matthews moved to hold a public Baring on November 22, 1978, to consider the possibility of a public improvement project in the general vicinity of Murray Hill Road and Melody Hill Road. Motion seconded by Jerry Neher and unanimously approved. Dick Matthews moved to adjourn. Motion seconded by Walter Thompson and unanimously approved. Meeting adjourned at 11:15 p.m. Don Ashworth City Tanager REGULAR PLANNING COMMI. ON MEETING DECEMBER 27, 1978 Prior to the meeting, Planning Commission members interviewed persons interested in the Planning Commission. Tom Droegemueller and Wally Coudron were interviewed. Roman Roos called the meeting to order with. the following members present:. Mal MacAlpine, Dick Matthews, Tim Stone, and Jerry Neher. Pat Swenson and Walter Thompson were absent. NEW MEMBER: Jerry Neher moved to recommend the Council appoint, (1) Gordon Freeburg, 2 Clark Horn or (3) Wally Coudron to the Planning Commission to replace Dick Matthews. Motion seconded by Dick Matthews and unanimously approved. PUBLIC HEARING GALLAGHER SUBDIVISION Roman Roos called the hearing to order. John Gallagher was present. The official notice was published in the Carver County Herald. The Assistant City Planner recommended that the Planning Commission look favorably upon the proposed subdivision on the following grounds and reasons: 1. That the applicant include in the final plat, the ultimate right-of-way of. County Road 117 upon completion of negotiations with Carver County Highway Department. 2. That the assessments be administrated as per .public improvement project 71-1. 3. That any development on the parcel show regard for existing vegetation and topography. 4. That the applicant place an escrow with the City Treasurer in the amount of $200.00 to defray staff costs in processing this application on or before January 5, 1979. ( John Gallagher As you probably know we want to sell off the house. Mrs. Gallagher has moved out. Once the property is sold all the deferred assessments will be paid. The reason why I am subdividing` the property is to, obviously there is a very valuable property there, somewhere in the future when Mrs. Gallagher might additional funds we would be selling off the property. I might want to build a house there or my sister might want to build a house. there or my other sister but at the present time unless there is any major medical problems or whatever it is not for development process. It is supposedly according to the City eligible for eleven lots. I am proposing six lots. Dick Matthews moved to close the public hearing. Motion seconded by Mal MacAlpine and unanimously approved. Hearing closed at 8:02 p.m. GALLAGHER SUBDIVISION: Jerry Neher moved to recommend the Council approve the Gallagher subdivision contingent upon the Assistant City Planner's recommendations as listed above and add (5) No access be allowed onto County Road 117. Motion seconded by Mal MacAlpine and unanimously approved. MINUTES: Dick Matthews moved to approve the December 13, 1978, Planning Commission minutes. Motion seconded by Tim Stone. The following voted in favor: Roman Roos, Dick Matthews, Tim Stone, and Jerry Neher. Mal MacAlpine abstained. Motion carried. Mal MacAlpine moved to note the December 4; 1978, Council minutes. Motion seconded by Dick Matthews and unanimously approved. Jerry Neher moved to note the December 11, 1978, Council minutes. Motion seconded by Dick Matthews and unanimously approved. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: December 22, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner Bob Waibel SUBJECT: Gallagher Subdivision Request, Public Hearing APPLICANT: Marguerite Gallagher PLANNING CASE: P-593 The Planning Commission initially reviewed the subject request at its regular October 25, 1978, meeting at which a public hearing was ordered for December 13., 1978. The foremost reason for this delay was that it was believed by staff that more information -should be gathered concerning the Gallagher/County State Aid Highway 117 encroachment. It is now the opinion of staff, that there is sufficient information and communication to proceed with this public hearing and make a conditional decision with reservation as to the county's request for right- of-way dedication on County State Aid Highway 117. PLANNER'S RECOMMENDATION I recommend that the Planning Commission look favorably upon the proposed subdivision on the following grounds and reasons: 1. That the applicant include in the final plat, the ultimate right-of-way of County State Aid Highway 117 upon completion of negotiations with Carver County Highway Department. 2. That the assessments be administrated as per public improvement project 71-1. 3. That any development on the subject parcel, show regard for the existing vegetation and topography. 4. That the applicant place an escrow with the City Treasurer in the amount of $200.00 to defray staff costs in processing this application on or before January 5, 1979. zill ",/,z xy� `0-- RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Mr. Bob Waibel Chanhassen City Box 147 Chanhassen, MN Dear Bob: Hall 55317 LAR60N & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 30, 1978 Re: Gallagher Subdivision TELEPHONE (612) 335-9565 On October 26, 1978, I spore with John Emond of the Surveying Department at Schoell & Madson regarding the fact that the legal description proposed by the Gallaghers seems to encroach on the right of way of County State Aid Highway 117. Mr. Emond informed me that there is no deed or public right of way easement on file for the portion of the Gallagher property which encroaches on that highway as depicted on the half -section map. That being the case, the City would have a prescriptive easement across the travelled portion of the property because of more than fifteen years of continuous public usage. Any plat which is finally approved in this matter should speci- fically dedicate to the public that portion of County State Aid Highway 117 which encroaches on the Gallagher property. I would suggest that you advise the County Highway Department of this prob- lem and inquire whether a right of way wider than the 66' indicated on the section map is necessary. CMM:mep Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney h NOV 1 •8 c Va��E N �'HAN14ASSEI% CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 24, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: Subdivision Request, Sketch Plan Review APPLICANT: Marguerite Gallagher PLANNING CASE: P-593 Petition Mrs. Gallagher is proposing to subdivide approximately 6.81 acres into six residential sites. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 100' north of the intersection of Melody mill Road and Co. State Aid Rd. 117 (Galpin Lk Blvd.). 2. Existing Zoning: The subject property is presently zoned R-1, single- family residence district. The property directly across Galpin Lake Rd. in the southeast portion of the subject property is presently zoned P-1, planned residential development. The north edge of the proposed subdivision is the common border between Carver County and Hennepin County and the City of Chanhassen and Shorewood. The zoning assigned to the adjacent property north of the subject property is not known at this time, however, pursuant to the Metro Council Generalized Land Use Map the north area is indicated under a single-family housing usage. 3. Utilities: Municipal water and sanitary sewer are available to the subject property. According to the assessment maps in the City files, the subject property has been assessed one sewer and water- lateral and trunk unit, and has six deferred water and sewer lateral units and ten deferred water and sewer trunk units. 4. Comprehensive Plan Proposal: a). Land Use - Pursuant to the adopted City Comprehensive Guide Plan, the subject property and its environs are to assume and maintain a single-family residential identity. Pursuant to the adopted City PLANNING REPORT -2- October 24, 1978 Transportation Plan, Melody Hill Road. and Hummingbird Road are to function as local streets and Galpin Lk. Rd. is to function as a major collector. Planner's Comments 1. There is an existing residence on Lot 2 of the proposed Gallagher addition. From initial observance of the subject property, it would be advised by this office that no individual lots accesses onto Galpin Lk. Rd. be a condition of this subdivision. 2. Before the next review of subject proposal, the City Engineer should give a report outlining the dispersal of the previously mentioned deferred assessments over the newly proposed subdivision. 3. As shown in the enclosed sketch plan, the survey lines of ownership show the Gallagher property to extend onto the platted location of Galpin Lk.Rd. Before further review of this proposal, the City Attorney should make a report regarding the status of this unusual occurence. .4. The Planning Commission, at this time, shall restrict their comments to the consistency of the proposal at hand with the adopted City plan and ordinances. Planner's Recommendation I recommend that the Planning Commission encourage the applicant to proceed with their plan proposals and subsequently order a public hearing in order to gain neighborhood sentiment to the subject proposal. s�C3sE'�r _ w 'HMO s� ■�:� �t-ice - I VJ1 Lake y B® ° • QO • •• • • •• • � � � � •F I • •ray f:?ye^.(�N('�� OF R. •• • d ( Lake Ann • •,�,^ . PK OF OF OF, • 1p,��yr.ie ��FY' rx • OF I O i ,7;M# At H •f -;' *r f or OF Or • Cl j1 P- :nY' it O PAGIF IC f *� q �ZC3 r e t OF GnOff u OF OF CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: December 26, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: Gallagher Subdivision Request, Public Hearing APPLICANT: Margeurite Gallagher PLANNING CASE: P-593 The Planning Commission initially reviewed the subject request at its regular October 25th, 1978 meeting at which time a public hearing was ordered for December 13, 1978. The foremost reason for this delay was that it was believed by Staff that more information be gathered concerning the Gallagher/County State. Highway 117 encroachment. It is now the opinion of Staff, that there is sufficient information and communication to proceed with this public hearing and make a conditional decision with reservation as to the County's request for right-of-way dedication on Co. State Aid Highway 117. Planner's Recommendation I recommend that the Planning Commission look favorably upon the proposed subdivision on the following grounds and reasons: 1. That the applicant include in the final plat, the ultimate right-of-way of County State Aid Highway 117 upon completion of negotiations with Carver County Highway Dept. 2. That the assessments be administrated as per public improvement project 71-1. 3. That any development on the subject parcel, shall show regard for the existing vegetation and topography. 4. That the applicant place in escrow with the City Treasurer in the amount of $200.00 to defray Staff costs in processing this application on or before January 5th, 1978. 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 December 12 , lg 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 Marguerite Gallagher - 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 Subscribed and sworn to before me this fJ 61' day of -/-C/ fis, (/ Notary Public Ao KAREN J. ENGELHARDT X - NOTARY PUBLIC - MINNESM CARVER COUNTY MW C0ffWMuion Expires Oct. 11. jM GALLA 3ER SUBD. REQUEST Roger Hedtke 23115 Summit Avenue Exc., Mn. 55331 Evelyn S. Lohr 6240 Humingbird Rd. Exc., Mn. 55331 Marvel EggLn Rt. 6 Box 890 Exc., Mn. 55331 Arthur W. Way Partridge 6280 HmmLi.ngbi.rd Rd. Excelsior, rIn. 55331 Steven M. McCormick 2085 Buford Ave. St. Paul, Mn. 55108 Bruce Engman. 2051 Melody Hill Rd. Excelsior, Mn. 55331 p City of Shorewood 20630 Maxtor Rd. Shorewood, Mn. 55331 Theo. R. Rix . Rt. 5 Box 79 Exc., Mn. 55331 Harty A. Kerber 18791 W. 78th St. Eden Prairie, Mn. 55344 Bernard Benz. Rt. 5 Box 820 Exc., Mn. 55331 Rick Niggeler 6310 Steller Circle Exc., Mn-. 55331 Dori. G. Bragg 6320 Steller Circle Exc., Mn. 55331 K Geo. A. Steller %Gregory Seifert 675 Water St. D,,c. , Ph. 55331 LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 October 26, 1978 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Re: Proposed Gallagher Subdivision Dear Don: We have been made aware of the proposed subdivision of the Gallagher property on County Road 117, and we wish at this time to call to your attention the terms of the negotiated settlement of the Gallagher North Area special assessment appeal in 1974 as outlined in the attached stipulation of dismissal. Also attached is a copy of the notice of appeal. There should be in existence a city file complete with map on the assessment appeal matter, and the attached stipula- tion, the city records, and �any ision proposal should be reconciled to insure ag sunderstandings. RHL:mep Encl. cc: Kay Klingelhutz Bob Waibel Ver urs, RUSSELL H. LARSON Chanhassen City Attorney p--- * -"�!>) OCT 1978 N RECOVER :1 VILLAGE OP; Cn; CHANI�ASSEIY, O� f tQ MWN. ��I �,5 October 25, 1978 City of Chanhassen Planning Commission Re: Agnnda #13 - This letter is my authorization to have John A. Gallagher of 7541 Ridgeway Road,Golden Valley, Minnesota 55426, to'act in my behalf for my Subdivision Reguest of The Gallagher Addition that you have before -you. Regards Marguerite M. Gallagher 10511 South Cedar Lake Road Apt #509 Minnetonka, Minnesota 55343 CITY OF CHANHASSEN 7610 LAREDO DRIVESP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 24, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: Subdivision Request, Sketch Plan Review APPLICANT: Marguerite Gallagher PLANNING CASE: P-593 PPti tion Mrs. Gallagher is proposing to subdivide approximately 6.81 acres into six residential sites. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 100' north of the intersection of Melody Hill Road and Co. State Aid Rd. 117 (Galpin Lk Blvd.). 2. Existing Zoning: The subject property is presently zoned R-1, single- family residence district. The property directly across Galpin Lake Rd. in the southeast portion of the subject property is presently zoned P-1, planned residential development. The north edge of the proposed subdivision is the common border between Carver County and Hennepin County and the City of Chanhassen and Shorewood. The zoning assigned to the adjacent property north of the subject property is not known at this time, however, pursuant to the Metro Council Generalized Land Use Map the north area is indicated under a single-family housing usage. 3. Utilities: Municipal water and sanitary sewer are available to the subject property. According to the assessment maps in the City files, the subject property has been assessed one sewer and water lateral and trunk unit, and has six deferred water and sewer lateral units and ten deferred water and sewer trunk units. 4. Comprehensive Plan Proposal: a). Land Use - Pursuant to the adopted City Comprehensive Guide Plan, the subject property and its environs are to assume and maintain a single-family residential identity. Pursuant to the adopted City PLANNING REPORT -2- October 24, 1978 Transportation Plan, Melody Hill Road and Hummingbird Road are to function as local streets and Galpin Lk. Rd. is to function as a major collector. Planner's Comments 1. There is an existing residence on Lot 2 of the proposed Gallagher addition. From initial observance of the subject property, it would be advised by this office that no individual lots accesses onto Galpin Lk. Rd. be a condition of this subdivision. 2. Before the next review of subject proposal, the City Engineer should give a report outlining the dispersal of the previously mentioned deferred assessments over the newly proposed subdivision. 3. As shown in the enclosed sketch plan, the survey lines of ownership show the Gallagher property to extend onto the platted location of Galpin Lk. Rd. Before further review of this proposal, the City Attorney should make a report regarding the status of this unusual occurence. 4. The Planning Commission, at this time, shall restrict their comments to the consistency of the proposal at hand with the adopted City plan and ordinances. Planner's Recommendation I recommend that the Planning Commission encourage the applicant to proceed with their plan proposals and subsequently order a public hearing in order to gain neighborhood sentiment to the subject proposal. ii ,. �jCO/►E,C? y Christmas B • • • � • � • • • • • • • • � ' • • • - '. � Lake [hew • • • • ' • • • • • '• • • 16 • • •• ' •• V if • • • • • • • . 1 \ an • Pig OF • • • �" • 'I Lake Lucy �' . . �;,� • ' J • • e PK LI OF I OF • ® I; Lake Ann •'• 1— ---- ® - --- — — — ►x - .- w0-"Wo OF •F • •r"{? y ►K d I •i_t •, i'a cc F• Of ur OF • • '1 r L• ; ®I,LL•.tf� Or FHD Or I ' I • OF ^ •F .' d O PACIFIC DAD i I Like SU &a �„• :I Of N 4 , OF OF of 0 1 SUBDIVISION PLAN CASE NO. SUB.f`S City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid Date Received by Applicant /' Last First Ir�ltia�~� Address : � 2 Z (A/wt ^'►� G 13t R, D R �lCc� c�S / o iZ jl )v zip 3 3 Zi Code Number and Street City State P Owner:( Last Initial Last � � pFirst i: � �,," ,, � Address: l��i ( l [%ooIV� 1 ��(, !1 D G:c FZ'Slo%� //Yl � s3 l wiTmT-,ar nnA Street y Gin Code Address of property in question: 6 2 7 ( U /)Wftoff � S5"3 3 Legal description of property in question: Pi- sEE sueLl4F� - 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 Initial 1. Sketch Plan 2. Preliminary Plat 3. Escrow Account -51- Date Received 4. Abstractor's Certificate 5. Final Plat Initial 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. C� v Sv_ " Signa re of Applicant VX k _V-100Y2, I Signatl e of Owner ate Received by Title Date (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY "DATE BY Sketch Plan on Planning Commission Agenda — Planning Commission Postponed to Preliminary Plat on Planning Commission Agenda Planning Commission Postponed to Newspaper Publication _ n Adjacent Property Owners Notified Public Hearing Planning Commission Action Preliminary Plat on Council Agenda Council Postponed to Council Action Final Plat on Planning Commission Agenda Plani).:�nq Commission Postponed to Planning Commission Action Final Plat on Council Agenda Council Postponed to Council Action _ Final Contract Executed Escrow Returned - Amount: �f -52- PLANNING COMMISSION RECOMUMENDATION (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), (disapproval) 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 Mayor Attest: City Administrator