79-01 - Christmas Acres PUD pt 27610 LAREDO DRIVEsP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager, Don Ashworth
DATE: October 15, 1979
SUBJ: Development Contract/Conditional Use Permit
The following development contracts and conditional use permit are
attached for Council review and approval. It is the Staff belief
that.all contracts presented are -,in accordance with previous City
Council and Planning Commission actions:
6 `a. Chaparral (New Horizon Homes)
Off` b. Hesse Farm
c. Christmas Acres
-qql d. Conditional Use Permit, Beach Lot, Outlot B,
Minnewashta Creek 2nd Addition
The following statements are presented'in regards to each of these
contracts:
a.' Chaparral (New.Horizon Homes) - The developer and City Staff
are in agreement with. -All terms of the contract as presented. A policy
decision is presented in one area of the contract and, given concerns
raised by the.Council during discussion of the Ecklund and Swedlund
development contract,- such_is.presented for discussion this evening,
i.e. method Qfwcollection of assessments.. Specifically, the original
contract between -_the City -'and Dunn and Curry for Phase' I levied
assessments over`a 15--year period. In preparing_.the development
contract for New Horizons,'-.this.office instructed the attorneys office
to place all assessments (previous Dunn & Curry area as well as the
additional phases for New Horizon) under one umbrella development
contract and to require that all assessments become due and payable
as a part of that development. The developer has agreed to this
position; however, this office would additionally desire that all
assessments for sewer and water improvements be seen in the same
light as street, storm sewer, etc. .construction costs,
i.e. said assessments would not be on an individual lot
basis, but instead be required to be paid in the same manner that we
would require street improvements to be made and paid for
(stated in the development contract and backed by an irrevocable
letter of credit). This is the form of collection which took place
Maayor and Council -2- - Octobeir 15, 1979 �1
t�
on the Ecklund and Swedlund property regarding assessments against
individual lots; however, the fallacy in that development was
additional work was undertaken as a part of the contract which
resulted in assessment costs higher than the amount collected per
individual lot.. This should not occur in this particular contract
as amounts due the City ate fixed assessment amounts and are not
subject to change. The primary concern of this office is that the
auditor's office often lags behind the City by up to a 2-year period
and difficulties of preparing individual cards showing individual
year levies for a 15-year period results in greater potential for
error than consolidatirg all payments in one area and maintain responsibil-
ity under one developer. Again, as there appeared to be prior confusion
as to how or what the Staff was doing in regards to the Ecklund and
Swedlund development, this item is being presented at this time.
Approval of the development contract in line with the above philosophy
is recommended.
b. Hesse Farm - The contract as presented is believed to be in
accordance with previous -City Council/Planning Commission actions.
and includes statements of the developer that streets would
meet City standards and that the emergency access would additionally
meet City standards. It is the understanding of this office that
Mr. Hesse will be present to request that the Council delete hard
surfacing of the roads (emergency access had never been proposed to
be surface) and to significantly reduce the depth of material
(reduce tonnage standards) . -It is the staff recommendation, that, if this
position is presented, that such be.denied as:
- Previous experience has shown that, although property
owners will like the rural setting, that after a period
of time they will become disenchanted with the dust
of the.gravel road. At that point in time, such will no
longer be a problem of the developer but one solely with
which the City and individual property owner will have to
reconcile.
Obvious differences between a rural subdivision addition
versus urban should be obvious to an unsuspecting buyer., i.e.
no sewer or water, lack of curbs, etc. However, the buyer
should reasonably assume that, through city approval, that
improvements that are made are of a reasonable standard.
For the city to reduce road standards simply because this is
a private development area could not be justified any more
than reducing building, plumbing, etc. standards for the
same reasons. Again, when the road fails and the property
owner recognizes that - 1) the city approved.the streets
constructed and 2) he is paying the same taxes as any other
owner within the community; he will demand the city
help or make improvements - not the developer.
The above statements are also true in regards to the emergency
road. If this emergency access is not of a standard to
assure the traffic can be accommodated through the rain
and snow seasons, such should be totally deleted.
Mayor and Council -3- October 15, 1979
C. Christmas Acres - Approval recommended as presented. No
disagreements anticipated by the developer.
d. Conditional Use Permit, Beach Lot, Outlot B, Minnewashta
Creek 2nd Addition — Approval recommended upon condition that developer
pay all amounts due the city. The developer may note that a majority
of costs owed by him are in regards to in house (Schoell and Madson)
engineering services for the improvements being made as a part of
the Minnewashta Creek 2nd Addition development - not the beach lot
permit. This office agrees with these points, but does not change
the fact that the amounts are due from the developer to the city.
CITY OF 6
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: May 7, 1979,
TO: City Manager, Don Ashworth
FROM: Assistant Manager/Planner, Bob Waibel
SUBJ: Christmas Acres Subdivision
APPLICANT: William B. Ward
PLANNING CASE: P-595
uarred
Date
Date Sutrm,, to:i C. t'o rirli.sic7
Dete ;,4hnitta; io it::«;sit
The applicant is requesting to subdivide an approximate 11 acre
parcel on the southwest shores of Christmas Lake into 7 residential
building sites. The subject property is located in the northeast
quadrant of the intersection of Pleasant View Road and Powers Blvd.
and is commonly known as the Bartlett property.
Initially the subject request came in with a subdivision proposal
to place 21 residential lots on the subject property. The planning
commission at it's February 28, 1979, meeting, was presented the
plan which is presently before the city council for consideration.
The public hearing regarding the Christmas Acres subdivision was
held on April 25, 1979, wherein the major share of the discussion
involved the waterfront usage. The applicant indicated plans to have
a 15 foot wide beach lot in the northwesterly most portion of the
lot 3 for the sole use of the owners of lots 1, 2, 6 and 7 with a
15 foot wide pedestrian way along the northwestly and southwesterly
property line of lot 3. The planning commission recommended approval
of said beach lot with recommended denial of the applicant's request
to construct a gazebo near the waters edge. The planning commission
additionally recommended that the dockage issue be agreed to between
the applicant and the Christmas Lake Homeowners organization.
This office is of the opinion that the combination of the 300 foot
driveway and the 60 foot frontage on Pleasant View Road for Lot 5
does not meet the spirit and intent of the zoning ordinance, and
subdivision ordinance in regards to the street frontage requirements.
I would recommend that lot 5 be designated as outlot until the
residents proposed on the property could be available to in excess
of city standard.
Mr. Don Ashworth -2- May 7, 1979
Recommendation
I recommend that the city council approve the subdivision request
for Christmas Acres with the following conditions:
1). That all unit assessments assessed and deferred remain
intact as per the Carver Beach public improvement project,
and the North Service Area public improvement project.
2). That due to trematic relief conditions on lots 3, 4 and
5, that all building plans proposed for these properties
be certified by a registered architect under the laws of
the State of Minnesota.
3). That lot 5 be platted as an outlot until adequate access
is afforded to any residents on the property.
on W /
Council Meeting May .) 1979 11 -3-
Councilman Neveaux moved to note the April 4, 1979, Planning Commission
minutes. Motion seconded by Councilman Pearson. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Gevin4
No negative votes. Motion carried.
LAKE MINNEWASHTA: Mr. Worm called the Council's attention to the high
water level OF Lake-Minnewashta and asked that the outlet be checked.
CHRISTMAS ACRES SUBDIVISION AND CONDITIONAL USE PERMIT: Mr. William
War is requesting to.Subdlvl e approximately '°11 acres into seven lots.
The Planning Commission recommended approval of_a beach easement acid that
the dockage issue be agreed to between the. applicant and the Christmas
Lake Homeowners Association. They further recommended denial of a
gazebo to be constructed on. the beach easement.
The City Manager explained the sewer and water assessment procedure
for this proposed subdivision. The city would calculate the amount
of the assessments outstanding and put those on the assessment rolls
on an individual lot basis starting with the next certification for
the remainder of the bond issue.
Councilman Pearson moved to grant preliminary plat approval with the
proviso that no alteration. is to.be.made on the 15 foot beach easement
except upon issuance of a separate conditional use permit and that
the recommendations of the watershed district be incorporated into
the development contract -and that assessments be certified this year.
Due to the dramatic relief conditions on Lots 3, 4, and 5, all
building plans for these lots be certifiedby a registered architect
or engineer. Motion seconded by Councilman Matthews. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews,
and Geving. No negative votes. Motion carried.
HIGHWAY 212 STUDY COMMITTEE: Councilman Neveaux moved to appoint
the following to a committee to review alternative alignments for
Highway 212 and to narrow these alternatives for analysis via an
environmental.impact.statement:
l.- Nick Waritz or someone from the -'Bluff Creek Drive area.
2. One Planning Commission member.
3. One Council member. Councilman Geving volunteered.
4. One member of the Chamber of Commerce.
Motion seconded by Councilman Matthews. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No
negative votes. -Motion carried.
HANUS CONDITIONAL USE PERMIT: The Building Inspector has reviewed
the conditions of the permit and visited the site.
HANDICAPPED`SCOUT--WEEK: Mayor Hobbs proclaimed-the.week of June 4
as Handicapped Scout Week. Local scout troops will be holding a paper
drive during that week for the handicapped scouts. A copy of the
proclamation will be sent to the Chamber of Commerce for their support.
CONSENT AGENDA: .Mayor Hobbs asked if any council member wished to
discuss any items on the consent agenda. Item b. was deleted from
this agenda. Item e. - Shore Acres Sanitary Sewer Project, Terminate
Contract will be on the May 21, 1979, council agenda if work has not
been completed. As no additional comments were received, Councilman
Geving moved to approve the following items pursuant to the City
#k 39 DO
11.20 A in
NE4 2-116-23
Merrill Bartlett Jr
1050 Pleasant View
Sewer Lateral
none
Water Lateral
3,277.0
_-
Trunk Sewer Unit
none
Trunk Water Unit
none
IMPT'T.
DESCSEWER.
& WATER
1 971 —1
i
BEGINNING DATE 0 _01 _7
RECORDING
_O 1_74
No
7.00
,
CODE _
1
DATE
INT_ RATE
NO.OFY
1
YEAR
PAYABLE
AMOUNT MEMO
PRINCIPAL
INTEREST
g "
2
3
1974
505.22
218,47
286.75
3277:
+
1
1976
4 2 56
417.28
218.47
214.o9
2840,
S
1977
401.98
211i, .7
218.47
19. �,
183,.51.
2 21
6
1978
386.68
218.47,
16 a,.21
2403.
2184.
7
a
1980
1981
356,10
2 8:47
1747.,
s
340.80
218,47
-
122.63
33
1529.,
10
11
.'
1983
1984
310:22
218.*47
91 .75
1092. :
12
2.34. g4
218,47
76,47
373.E
14
1986,
1987
264.34
249•06
218 .
•47
45,87
• E
436,E
1s
218.47
30.59,
218,4
16
17
18
19
20
21
22
23
24
1 25
1 26
27
28
29
30
31
32
Burroughs
BU51NE55 FORMS U
SPECIAL ASSESSMENT
VILLAGE OF CHANHASSEN
7�
C.
0 Merrill Bartlett Jr.
1 Sewer Lateral -' 2,675.00
16 Sewer Trunks 7,328.00
Less Area Credit-4,150.00
Total 5,853.00
IMPT-T. DESC. _Sewer & Water NO 75-2
- --__ -- _'- CODE
BEGINNING DATEIO-01-76 RECORDING DATE 1-01-7!-7 INT. RATE 719- NO. J'RS-
YEAR
_PAYABLE
AMOUNT
---
MEMO
---
PRINCIPAL
_ _
I EST
INTER
BALANCE
_
1
2 1977
5,853.00 -
548.71
6,401.71-
3 1978
438.97
6,840.68
4 1979.
4.38.97
7,279,68
5: 1979
BAL. ORIG.13,1371
MI'
15,852.00
31131.65
6
�
I
f1
9
5
7 = 3,30
.52 each lot
Off
11
12
13
14
15
17
o
19
20
21
+2Z
.23
- 24
25
y
26
27
28
25
30
31
32
SPECIAL ASSESSMENT
' CITY OF CHANHASSEN
v,2-000-00q(6 - coo
Carver Beach NE a
_rill
Bartlett Jr.
Sewer Lateral
13,375.00
Trunk Sewer unit
2,290.00
Area Assessment
--4,150.00
IMPT'T.
DEs(5.Q E'R
AND DATER
7-
NO./_CODE
Cl�
BEGINNING DATE O-01 -7 5 RECORDING DATd -01 -77
INT. RATE-y55 L
NO. OF
1
YEAR
PAYABLE
AMOUNT MEMO
-
PRINCIPAL
INTEREST
BALANCE
2
3
1977
1978
3178.66
2703.06
1321.00
1857.66
1981 00
18494.00
1980
�,� ;�•y"
1321.0o
1321.�0
1337.o6
T2�7��,:
s
6
1981
2509.90
2410.8'2
132T.00
iiva8.go
14$52:00
7
y��
�� 0
132E .GO
1089,82
13210.0o
8
1983
1984
2212.68
3� :8
1321.OJ
I
891,6 b
9
10
21 13.6C
�-I
1321 1321.00
792,60
10568.00
.,
9247.00
11
i
1986 j
1987
:
1915.4
1316.38
4 ��
T3�1 .C}0
. L
594►46
66C5.00
Iz
>D
,
1321.00
^
495.38
5284 QO
13
14 .1990
1 989
..
1618.22
t519.i6
13 21 .00
297.22
.
2642,00
15
�P
n
i321.GO
198.16
1321.00
is
-,
...
17
18
20
21
22.
23
24
25
26
27
28
29
30
31
32
Bhq
B BSINESS SI;IE55 FJ345 B
SPECIAL
ASSESSMENT
VILLAGE OF CHANHASSEN
qp0 merrill Bartlett Jr. 1 Sewer Lateral 2,675.00
16 Sewer Trunks 7,328.00
Less Area Credit-4,150.00
Total 5,853.00
' -
Sewer & Water No.
IMPT'T. DESC. - 75-2 CODE
BEGINNING DATE
10-01-76 RECORDING DATE 1-01-77 INT. RATE 719 NO.OARS
YEAR AMOUNT MEMO PRINCIPAL INTEREST BALANCE
PAYABLE 5,853.00
' 548.71 6,401.11
2 1977 438.97 6,840.68
3 1978 _..
1:479 438-;97 7:,279
979 BRL.v:ORIG RS Ml' T5,852..00
7
e i3,131.65 : 7 3,30 .52 each lot
9
if - -
t2
13
14
;.15
19
20
21
25
26
27
6
31
_ 32
SPECIAL ASSESSMENT '
CITY OF CHAt4HASSEN
Lot 1
Christmas Acres
23,131.65 divided by 7 tots =
3,304.52
Sewer
and Water 75-2
IMPT'T. DESC.
NO.
CODE
I
1-01-77
7-1 �ff.
rs
BEGINNING DATE
RECORDING DATE
INT. RATE
NO. OF YRS.—
YEAR
PAYABLE
AMOUNT
MEMO
PRINCIPAL
INTEREST
_
�-
BALANCE
3,304.52
2
1980
523.20
275.37
247.83
3,029.15
3
227.19
2,753.78
1982 °
�49.119G'
�7`5:._37'
206 53.
2, 478 41"
,:1g83:..
-4611984, ,v2C:
25.3785
8}
2.203.�4
._ ,
; ..
.165.23.
; `.927. 67'
7
1985
419.94"
275.37
144.57
1,652.30
s
1986
399.30
275.37
123.93
1,376.93
91927
103.27
1,101.56
.198$
57 '98:
275::37
=82.6.1
Mi :I9
it
- `1989-
337A4
275..37
61.,97
'550
'
r2:.
41.3
:'275.:45.
13
1991
296.10
275.37ys'
20.65
-0-
14
.15
1b _
ItA
19
20
21
:22
�.
25
26
27
31
32
SPECIAL ASSESSMENT
"+=
I
. CITY OF CHANHASSEN
I
-
39DU Merrill Bartlett
6 Water
Laterals
6,792_00
1 Sewer
Lateral
2,537.00
23 Water
1
Trunks
81740.00
Seger
Trunk
320.00
Less Area Credit
- 2,100.00
Total
16,289.00
IMPT'T. DESC. _
Sewer and 1.1,4. er
71-1
NO.
CODE
BEGINNING DATEIO-01-73 RECORDING DATE 1-01-74
7% iS �_
-
INT. RATE NtJ. OF YRS.
.:_
I
YEAR
PAYABL=_
AMOUNT MEMO PRINCIPAL
INTEREST BALANCE
2
1974
16,289.00
1975
1,425.26 , 4.
3
1,140.23 18,854.49
;
1g77
23` 9,994°..:72
Is
1,:T4a. 2i y 134 -95 . .
1,140.Z3: 22,27518..
''
40.23 23,415.41
9
23,41-.41 divided by 7 = 3
345.05 each 11 t
10
_.
tt
13
d4
1S
17-
-
t8
F 19
`
.20
21
zz
.71
- 24.
_ 23
26
Lot
i
Christmas
Acres
23.415.41 divided by
7 1 is = 3,345.05
IMPT'T.
DESC.
Sewer and
Water
3 71-I
�d
DATE 4c��
No.
CODE
_BEGINNING
RECORDING DATE 1-)7-74
INT. RATE
o� }•�N0.+c9�F
1
YEAR
PAYA9LE
AMOUNT
MEMO PRINCIPAL
INTEREST
YS..
2
1980
605.82
371.67
BALANCE
3,345. 05-
3
198i
579.80
`71.67
234.15
2,973.3$
3.
3
T 983
5 g
527. 78
�37,.67
20b.l�
T 8t :I 1
2 60T.71
2; 230_ 04�
_
6.
T9g
50:.;:71
37 67
#561.I
1';:858.37
7
1
:.
5.74
37"1 67:
371.67
13M9 ...
:1-':486. 70
s
1986
449.72
371.67
104.07
1,115.03
w s
1987
423.70
371.67
78.05
743.36
97:7Q
37I:69'
S2.03
371.69
it
26.01
-0-
:tT
13
14
15
g
�x
-
19
20
-
21
25
26
27
36`
31
32
I I
SPECIAL ASSESSMENT
CITY OF CHANHASSEN
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 D. KEMNA
JOHN W. EMOND
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, Minnesota 55317
Attention: Kay Klir_gelhutz
Dear Kay:
SCHOELL & MAOSON, wc.
ENGINEERS AND SURVEYORS
1612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343
OFFICES AT HURON. SOUTH DAKOTA AND DENTON. TEXAS
August 10, 1979
Subject: Assessment Search, Christmas Acres
(Merrill.Bartlet) Property
County Reference No. 39DO
As requested, I have calculated the assessment on the above
mentioned property. The breakdown is as follows:
ASSESSED
North Service Area
This property was assessed on the 71-1 assessment roll.
1 Water Lateral @ $1,132.00 = $1,132.00
Water Area Assessment 107,250 S.F. @ .02/S.F. = 2,145.00 Pa
$3,277.00,1
n QQ Qr-' n
Carver Beach Area
5 Sewer Laterals @ $2,675.00 = $13,375.00
5 Sewer Trunks @ $ 458.00 = 2,290.00
Area Assessment = 4,150.00 `
$19,815.00
' 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
ROONEY B. GORDON
THEODORE D. KEMNA
JOHN W.EMOND
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT
BRUCE C. SUNDING
R. SCOTT H,ARRI
DENNIS W. SAARI
GERALD L. BACKMAN
City of Chanhassen
P. O. Box 147
Chanhassen, Minnesota 55317
Attention: Kay Klingelhutz
is
SCHOELL & MAOSON, INC.
ENGINEERS ANO SURVEYORS
38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343
OFFICES AT HURON. SOUTH DAKOTA AND DENTON. TEXAS.
August 10, 1979
Subject: Assessment Search, Christmas Acres
(Merrill Bartlet) Property
County Reference No. 39DO
Dear Kay:
As requested, I have calculated the assessment on the above
mentioned property. The breakdown is as follows:
T CIVIL'0--m'"
North Service Area
This property was assessed on the 71-1 assessment roll.
1 Water Lateral @ $1,132.00 - = $1,132.00
Water Area Assessment 107,250 S.F. @ .02/S.F. = 2,145.00
$3,277.00� �)z
Carver Beach Area
5 Sewer Laterals
5 Sewer Trunks
Area Assessment
T C.nt nnz r1
@ $2,675.00 = $13,375.00
@ $ 458.00 = 2,290.00
4,150.00
$19,815.00
o
SCHOELL & fMAOSON.INC.
City of Chanhassen
Attention: Kay Lingelhutz
Page Two
- Tl�`FF.RRFfl
North Service Area
6 Water
Laterals
@
$1,132.00 =
$ 6,792.00
1 Sewer
Lateral
@
$2,537.00 =
2,537.00
23 Water
Trunks
@
$ 380.00 =
8,740.00
1 Sewer
Trunk
@
$ 32,0.00
320.00
Y18,389.00
SF Area
Credit
105,000
X .02 (Water
Only) _
- 2,100.00
7 Lots
at 15,000
S.F.
Each =
$16,289.00
August 10, 1979
This total should be spread over the 7 lots in this
subdivision.
$16,289.00 s 7 = $2,327.00
DEFERRED ,
Carver Beach Area
1 Sewer Lateral @ $2,,675.00 = $ 2,675.00
16 Sewer Trunks @ $ 458.00 = 7,328.00 — y_,— �
Remains Deferred = $10,003.00
ra
The only amount to be assessed on the North Service Area is 1., p''`
deferred amount of $16,289.00. The Carver Beach deferred will be jlf_"
picked up at a later date with a credit of the $4,150 area charge.
interest has not been added to any of,these totals, and should
be applied at proper rate since the date of the original assessment.
Very truly yours,
SCHOELL & 7MADN, INC.
DLCam bell:mkr
t
F,CHOELL & MAOSON.INC.
SPECIAL ASSESSMENTS ON MERRILL EARTLETT PROP.
CARVEF. CO. 39DO)
••CRTFr SERVICE AREA
Assessed:
1 Lat. Water Unit @ $1,132.00
Plater: 107,250 S.F. @ .02/S.F.
Total
Deferred:
6 Lat. Water Units @ $1,132.00
1 Lat. Sewer Unit @ $2,537.00
23 Trunk Water @ $380.00
1 Trunk Sewer @ $320.00
Credit $300 for each on Line Water
Unit (Max. 7)
Total Additional Assessments
Add. Interest 42% (7% for 6 years)
Total with Interest
CARVER BEACH
Assessed:
5 Lat. Sewer Units @ $2,675.00
5 Trunk Sewer Units @ $458.00
Total
Deferred:
1 Lat. Sewer Unit @ $2,675.00
16 Trunk Sewer Units @ $458.00
Total Additional Assessments
Add. Interest 22.5%.. (7h% for 3 years)
Total with Interest
$ 1,132.00
2, 145. 00
$ 3,2 77.00;���
6,792.00
2,537.00
8,740.00
320.00
$18,3T9
2,100.00
$16,289.00`
6,841.38
$23,130.38
$13, 37 5. 00
t 2,290.00
$ 2,675.00
7,328.00
$10,003.00 "
2,250.68
$ 12,253.68
{'� •: � c ' r \try !^' - 'r, rf^.' ,�:nYTT"` ) . T '✓ l [17r1
„-` to �r,a r a+ ^^<rl - 4 th �l
t
'. �' l-n?R?7 1 me`nh'erS present;
._ -
.wi.:e". • '_l, ..ter ,.,.� ,'..�n+i. r 1, �.�..'.•�1. .'l»„1 n,7 lo.rr'_n rrG(ie:rg- Mal
_._.. line ...
e0ved t'? ? pi ro-v the ^girl, It
^t 5ecnnrie .. J r JerrTr A+?r. r. Clti r 117'nVeIj T.Tj F,'n F .r.� �Stai ni
to note the Co-- n l-, r7l' ,ites 11' :' nri_l i, 7 77Q� Toti l:,'_'! Seconded by
T on {ree'-Durc. an(, tln?nl Qt1Slir a?_ rn*,re-7
R'?"' In Hoos called the l)eari ny to order -t 7; )lj p.l 1. ?:n th the fOi l O;di_ lrInterested LerS011S
J1J.lius .Smith, 7�M. i-i, .i=rP., `;^., ?ol;g 'J(i.nn� �5kI'-j
:ildarn y`�r.� 0'-• r) if'F `ve. ?xcelS�n^ 1.
s .
Ponal d1T. JooAm.a_,.Y ti'57 ' T"inr e :7 . � i n n
3 `ps i
. _cd � tst-vi q T;a.
Cha•rl es T. Donl�_eTnr, [?7? = _ Jrja= ''e.! Point
Su s an e
Deter �3. y✓}rl_ce, 6?rn7 _4 -o a.a
-=
T. Ho jr. } R 191� �r J , rran aS ."r;1 con
- v t,
� 1 i` eumann, 'r)r•,� .4rY'i e �:,v-a nl;.-..'`1?l �. �i eil, i':Trt
Joe EnEel_h rt, 5^26 Er _e s•TTn , Chanhassen, , n.
Biller T,. i'o'4�; �7n^ h:r�.st S T CT �kp Oa -
-T s
cl -es �.ab!. .,1�:�:.t, r•S;^ri ^'1ri. St_�l �.a Lake Road
Sue '^race,,, l-""' ^ CosTi n +. z ?o d
Lion Trace, ., 10 Covin.-tIo .
Fran Neveaux, 621iC ;_,1-1 ' 'rep
John Nevea_:t:, ()?)jn I Ir. Tree
W,?.- ter Pr?',n✓ertog 5640 {io,r ;n,7i3On ?pad
T_�r.d_a :-_�e;Ter, 6225 ?zd:e pad
_1,ink fir, :i f', 1rlti Pl eaS?.i1t
l_easan
F_r✓' Vi e7:
.;e_di Larson, Udse road
The Assistant City Ma=1c�"er,l Tanner rend 4-he official. notice ce as 't� )l i she;a in the
Carver Count,- Herald or April 11 � 107a-
�}i' staff rei�f�?.YUlt�?:IrTa?gr��lyynpYhS^itr fl• hisopindo
ns
@.rid r eco.,Tnend a';i ons.
1iir. Daryl Fortiel, of Kors%2rsky, -frank, ,rickson Arch' T.ects, Inc-. made a ` re-sentSt10n
statinc, it is a
an 11 acre oar^el of land r'.^.ich the-- are re; uestjng he sub-
divided ded into l ar^e, ]=arcel s for sing e f a nj l residential de -el1y-e 1t, 1hPzr are prO QS1Xlo
set•en lots, _z.es ran` _pv frog l .l acres to 1 85 a:,re
J l' er - I re -resent the Chr1.Stinas lake Association, and first cf a!! we would like
to colmpliment the develo73rs, on the i.oi.V density n.i t'-e l and. In other words,
an 11 acre site, and onlNr ? proposed hories. I thi"'t that this, as an Officer
in Lr78 C�1r? St? :S Take 1�5 `C _ct' , T cieq e only 1'
i _on ,.�. s t'.1 olhi nq I v oi.il� just like to
men.tiron and :;07 nt out is the l.ntereStVin the CO':"_T"on access to the lake i-,ith
the dock to t'-le orC?:;,e_rt7Y he'•^ n(; i.Th e�^ n ' i
y , an-1, .._eth . or _cu and how that r•rould affect
the l a'-e in tern, of boat ?en.^i+�rs7het'.,ier 4 - t 00cr'r , be ror boae-s or the
t'ry e 1_L cove-na;-}-IIG that the -:n-rnlo-)ers li^_•re. I uncierst:and they h a some
v n e
rest.- cti F? over i !'i'-2 t TT l l P Pert-
ine he e l hl:� G r c n s t.t n.t.._d n r.t t_ t_ � o �_z t_� t re znteres+_.._c�
V?,r-, -ii tB.S T a ke .
"Ci A ri
1_7 fT 1 QT)
T- e 3
ql-).ort anc] thel- -,iro
-s to bTe ilsc�,! only or reslrlentia! !11-r70S?S= that
t
V'Oi) e . I I t., -,..$ _,A-_ for som- no te-'oor-fary
U
-n - ? $1n r .r; r, 4 -4-
•DJnJ,,ce -ne cornon area.
_...'I.
It that Tots 1P 2) 6 an-- shall have a non-exclusve-I
ease-iinent'-for acce.?s to t",,e 'lakn, --%h!.-Ih on.`_�r -,)wner,; can use, ovTners of
these 'I.Dts, but the_.,c- are not allqowe.l to !n beacli there. This isn't
access fe)r e be.;,&. Tt j- boats, , any? - , - n mmmer -,o-ald be entitled
e5�ch
t-use the co won. aren c1ne col)!_t' keep on" -T T,.,Tatercraft rer-luired to be
licenser' b-v the ��tate of T,'A-ne93tA at the sl-.nrel . 4-
1 L, - .-,-ne or at .,-.1 dock
ccns�Irl cted in a 9- c e
) --- - - ; such ac tl-e on. area. T hat means
Yqu 1,-rre �Tour C,-04--
* --- __ _., cf1,_. have a no-er `-oat or a canoe, or a
,5�: llhoatl, b,?t -ou, C___
�Nn Ir :)n.-. in ---',her there T, IT be 4
bo9ft-t, .-nd 4 P,= ren-e.d Top
L, -n-ft. T_ addi ti.one
It �)rnvid!---�-Sz .--.'nr a sia-1.-1 -azeb,,-) to be constrict,-d on the •C.0--w)n area,
it can 'nn constn,�cterl 2 _F1._ + ill o 1 r e of r �z f e a
cl'!:�,�. T 7. f h 4.,
e
Tt de- tF!
n
pa-y --ece-sar- co-st c +'C ".aintain tha.r, t� the
of the of Tj` e:,senanti C rz..'I'acent 1:D T1,
C`:ner
ke
r) f 4 v-en 7 F-!Cretinn e e if he -_-:;ceqn1t IAI' Z,
the '-e c��n tv rtl- _e core o_-Ir' it, M-1-se7f, b-L!' Vne-r� 1,, -�_n-,1. i.f -'-,he-,,
tn e o1P_ - - :-.-
h i e -1. S, e ns t- C. -le
n e 4-
t e 41
T'
f 0.-
+ T�Iqa-r, aic�ht for -mrol- t7r e o a
and i-sn T i-53 a strL p n
Tt
e E e-1, -1k., termInate the- don"E. Vh e sh
rr. r
fc _1`1-�e `MVn Of If there there
'
_Tr T o_` eacin ye-.r, cD +,�-2t that are_�, -s a r e W I '_ - ri out cve--r- tne %-.rintwer,
� �, -
_-, c-)verantus _pro rp-ded for.
Th e I 'r—n 4- the la.1ce shore I vrolil-I that- -Oe
to a fr:-:�11 q r) ?r t ver
_n, r-a c
T 4 -n� t'j
e er rt�-iu -re
t T�Du,. 4. ob-%r4- DUS-1-7 r^.'V r,,ee"' vr7nate ents the c- t7.r ,mu-1
r,' wo, be P_ lot theire to "U,
4-
V�e sti-I N. n) t a
`Jlhat st FL-Cf? 7, cc=ent 2-Krit, an extrapeou.3 structure like Vrlat on Vne
A g the`�r are rf tn; t,i P
�7ui ,e-i set b- t-he Shcreline
__=_end approv!al.
1S, '),I'SO
7, e r,�;
(I've r tie been the
4.
cy of" t' _j of Chanllhassen no„ to
)T- Ine
actlires nt ti-a
suclh as this. There ha-rel been P, nir-lber
O-r, s fo- co!!._J+�-nal
use per-70 V-1, have all been denied..
roman Ro.Ds
bol:tt a certai n
-d-L from frm 'he sli-rel-Inet
_1�_Ss
)t
Te hl�v:.-e i-, estab-1, 4 s'rl arry set
. r nt
bacir requi emen :a stnictire slich as
this has been dien-11-n-ri
.1
a perm;-t. 3TacP for stor ae:e because
they can becl..r.11e MIS-1-11.-Pd. not mai_ntained anr3 itn s
�o, Cn Ro,)s
-__)-a Str+-a reaso-:hv 7,ou -out this i--- the co�,-enant?
T, ]41,9 ST-ith
It is an optional kind of 'Ll.-ing
jq,-14 C11 so 'hav
qre a-, e to get approv,�I_ of the
Ci. tz.- T1
nlot in there in case people wanted t� L., and
coiil_,the or the
-4,)
City. The develo-,jers are not t .. ild- ng it.
It i,3 strictlY an o.A-io on the
y-,.rt of the ct,ier fou--. The ;urnose was
7,o t'- a t -)e,-, t :!e �. 11 ?_`-_fe,-!: ts o7r T.Th at e,,-.er.
4.
'hese nanils,
s T.argo, f4 C
rk d�-,veo-)e- on t
-,(� A-z"'USS
n c o C.. . � I f , _:.. I I 'r-rith tben. I
-nd a nl= ipj- S.
dr)-n I I` "T,n T 'nit thln`, -It is material
this
i rcion Freebur:,-One mest.-*�.,)n,
0 T-U sa that 7,,,e hq?-enlt. tl-e 2ast allo�-,Teri a structure on
the beac-11 2rea. Tli.s t-11-1s, for a is this for an
V-
I IS3 ?arson - TndI -.4 ,a,,_.'.:
I- aS30C __Or-is.7 TO
1no7,,,Ied7e,
e T,!:)-� C`Mllei no, bul I ri one do- tI-ere and 1--as.- it?
,Tin. ,CM7eo
J-1 ;-ment21 L_Ut'r Pre e,- .d ,
on2 !J-enseboatb7_A that
4 t'- 4 co 'n t ;n otler t-ere is 1 beacl,
e-er TI-e -eo-:�Ie iry n hcl-e ac��e�7s to V e rct ere
_';re _n 3
IT0(704 -n
:1 P-e 77011 4. P,Ce Uha t,
Sr te'-' at the d e -v e o, - s a e r ��!z P,
m� I can ol. '�nd the%,, are
imere S`I.e" ir lhmTin,�7- m beacb Vne-
a.C4
The _)s94_Y_e dock +I-_ acta-_77 under 'Ile
- �7 LI I , --i
Co n c e r 7, a4_1 4 -1 ^ii -ould ',a-. t,ere. Wie have checke,�R_
P
around ---_ t'- the -,"Illn-eLn
1t terl o�ahIoc1ng remil-re-
rientS 1 an- a ` Vle�e nov-tere leans ss t-an 'hose Tn other d t`lo-e restrf-c-ti-ns. ?nd equcl
restrict]-o-s -1-�7
CC
o,i desf-riloe 4-In! s common Chr; '�.as j SlnoreT,,-co-7, "M.-L-, -Ies Dm'le-__ I. 1 4 Ire C,4n il -
Ij
J 's "hat bee- v--ter-lined? ocl-, L;
1_7,�
in tle t'at '-as been lef".1 blank. T -pr_e9L-_- :fr .11 b-nats t---
docl, -
',asnft been,
d.--)n t Un.f2.',
be -1
d e t, e --; 2 j � I In T 4 4 e
- � __ I _L - I- ..ndeer` 4---" -�`r-
-1, b-- , _- 4
loos
1"he co��!nnz��-P n-Tten rq(Z�r7t7�"he
lrT, e wj -'
V)e se
vem:
j 'C' b
�.e �__Ie -ire e
n1
be 'nap -�v 4,0
et ol C s arcl_nry
C ne on
s-MaS Lake.
If 1--ve co --.
L.e
01 D t
ou
not s o 1,; b-.at- T-ot s 1
2 0" and ?,
one or all
are
o U
s d, has
hr-
of beach?
r
1 u - 'T
:—, F, `�',Tdt-h - `11.V-le- ' ; `r rd, o her.
zr l
C_
JQ rtC; X'1 1c7r5 n-
-.• ": e:'.-t-t- - i I r.'-OM
_._. sJ a"_`. ._ .._ .��? _ i __ [,r'.,'1, _.' :? ..'.v'n t'!ii' c - 1..� 4-
t ,tt
_ 7 -1E- i Clc :�
ll ?;' r.`.'.r .. . rl qt. ). s, ',u "L t.__n reven- i.z e� ned T r:tOU- �O 2T0
r.. ._. rer a a''i_ „'1^.of '%. ~-^..�. c; .,i .� T,;1 e. j .��- n � i.>_ In tha
^"'?^E. n" t.: G .. _£' .. cg<, i . �� O: 3r1�. "r. 2 t,� t, _! ;"lOre
c3 •i Ir r e`t ?'toy. °t'. a
`pn _ t� tT�`
been facing
n? _ -T,(.�^ o_ �Zf' -� �, S CCi:yrAi^ r -:"1� P
:i til t" l 1,1 t. Zar7 T .5p,1 ar^'r[1 ;� '_.., �- vt-
_ for t_:_� e sari_ nal I v. T
t'.n,_„t, "h t 1 e have d- �^e �a e-;ce l g:_.. `_ i `r _ ' �ec1p� e that l ,ro on tl at
f c.? .T T�_:P_ -T s r?e4 P -ener al consei7.^'.,IS L c �.,.:^_c associa
tion.
T,ion.
!'?'"'i-. cs,l -i ��n-�i I-!- _-?c�n1i -�•'.n r, --,� �a^ .+�nz ' n T ry •�7 it'tC +gel- ' irc� •t'
but S a_ ne- �'` bor l_ . . ._"� �%'azi_ , SSen reL csert, 1_ t'.r1C?1.1Mrlt T ?., r'llrl t127{8
Jam' 'J
n,1 ^ , ,� 1` 1.
}. :?]-„ !_l ve Q^ - _r� s "? _ .__ _P. a.a_, e �:__U ever?%C?ln }1F�re ECG to t P,
U~ aj ?� Z,^ l,?, riJ CAP 'v':..'i �-j „t:.-._ ,.i. ke ' -o -�•eak for Ti' e . ? :''_t ,�- Ilon(t �da..
�S', Va?l •ri _ ,o.-.il. `_.�.��_ }'' l ..�-
1 7.tt o_ �t gat lac:{ cf
cqn-cer~. are or tea- l C'=ce -:r io e the vTa`_er^ as '. i- r- a I'
_.0 e^. . �'?� �E?-i to be or?e of those ' eo :l e an r,_er, r�.oncer car:
-� - - Co,. _ -.. c
.'.i.;)out T_•ne �_i•' `f tl n t� T think r�.1^�e �n�c
_ b•�__ on the ,-ye s concerr
.e f c n t ,` TC?.= 1`.? Vo r ve a bi-- � r -)act 'off? t C? ? ,uni l J.tyr .c_.�'' Vr
d.':Ce, 1�'. 1 l_'F, _.S CP eel o`.ncnrp to ip, and 1)ny c t. 2?T i , s C."'n.sj rle-..eC3. l7?%
the
-- -a
i-.a�r T SAC'C tC ;,`t `?'C, ir'.7. -"^tom �r9 1,.,-1q._. T th'.I?t' ,.t,r C•oncerr± l.S �.TA'tl -t ;t'ratl
T r, t'e r e s ri?n-
t mes ::re .1'exr-e hav-_n7, .tn^ � �'" - ?;T_y th ;a d- "r,a v.oit{.. _ti.'a ui pn T.?]-�� L'- -!'t - ' - - _ - ended' ria? a l a,.I coi rt., One of ne t` I nIgs -1'laaU 'IaZ.'ee tried fi_^ 'F)-0 : u _
"1?r T,e^ ?re ;;as VY".:'-l7'lc; To c e_f; P - re boat-. off
%h. 4 St'.T5 Lake and tall s'-o-,''.,in -i.nt,3 t �e '.7-nd the-ne is 4,.us dl
no
r.yr t,"; at 1o;o) � „-_.th smn-1_1 Cn; l r+= er. that are learn-inn. how -F:.
JP7
�Ne ae� "=" to _?'ii l-,io,,,er c t.c off that lake. j_i T.,;E,- co'.?l {� rat a ctro
PC1Ct' fir' :i TJC ct,art G ?l.}r .nE ab ut t.c• i n- t-.-oy oi'{' ti- t, late T
P c tl-r r .11ir?cr o r .Te al-11s s e nc. l `'Ke T` er h-,_, r__re�c.,...: --- --- to
- - _. t' -�. ,::.c . s �- 7z ._:.._, b'�t c._ t;�41-,l,.r
L>o:�•�o.-]d out every:' t1.-me _L tr_.e,41 it. v
a:rn _ a l t.`,,- ? �l or�c 1 T.: ?`l like t _; n c !
o_._ o_ e : _ _o_ _ -o_ _ do ._r , the �eo,p_e from
T IrE?i"?A rt2.q7t1 t'^^t. T.,e dil .h1S IS ?3rtl'r 2^oT2 l7i C. The
,)ro_oeri:,- .-a., '„µr--- se or J195,000. 3zr the 14 me n-e _-)a-a fo- the land,
the deli el o D' ent costs, I--tore-st costs, raal gSt:`ltp Co'71m ss- C_l.s, Ttre are
over "!?:.) -IY)n 'iha.t i s the value of , l ;l 3C'that, i
. , _. _ _ y�__e�e � o_ rt«. dO25 nog
have asses, to ,hri st--as Lake? i of verb: -mic'_n. T-� e do :hat we are
tr'. inr -' to do, ue l l C ^ 1P, out of tti at'l'^Qy`ra?^ '- b"P3 C1?l� Btr?i2. TtT1 t�Zerat
e.c^e7s, the lots Pren't ::.or. n vez� much. i a 1� i s the Thole ,1
_ eca_ _or�i c
Picture. .>n_�.l be on T,o u 3. !. ?tiTe.nted to rest ri Ct florSepo?:?er, but
_ moat?
.?CT-,' nrp `rO'tl o--r'T to C�n ti':.3-l., to 5 r,, Cr � ;ierjoan.,zar "air n G�;:�ll
You can't :a4 -it.! f T CJlI' Q T i^TOU �d. _ :. i C�J 2J-1.a i.a mmmathv 571 tT
Ti;n, Tpi?ri? T.*1at --y7 ,,ant t0 (?O.
Fr-.t S •Ienso'-! - T _ice t'7?t bact. - r . :; -v-e-lber the on ,- n,"l an,lica-t f'_r t'2i_„ propert-,r
Zyag r?ntu_rian. i'__". ,,'UU )Urcliase it from then?
Bron-k • `n.rd - '!o. ': `e had an offer _n w.a_t_•'1 -, r^ 3artl etu, and ::?ie 1 Dick L
O�� •.i_ )n r r. ortt, rs. 3?.rt!ett re_f'•7se-d to extend it.,, oar o7l`�--r? tool{
.
']rece_!ence.
q:-'sn.
I -?7m! T f'
_3
3')
nb sc).L'
t,: + 7-
In, , Ji 4_ ocorde:- by 1-' Iter Thompson,
a
SCl2SS
4
of the �-re%-_Lm,-Ls -,tall ',)ear-!_.E- 'hen -an Roo-, s-'ated that
T he firs -� i s tl:ie c ove? -9 n' s -15.', e. !D.re e Ej 4 F t-�� be addrecserl.
SU
one of the critical
E"D 5) 1, -Ic t'.,e VI- i..Te hav-e to
'0- C t-p ou'lot., and I th I
rrrlrieaS
4. �, fC)-, T,,+
Lj - t T,(,. t 3 2 6 and 7. Do-7e-
C,F -•-- - — L.,
��,)in�- do.�-n +-ere �_�Ion-
I
IT-,--I be doclv-ac-e
tP-i-led -lo
Freelm-4— - T onc-,
r - tn:- t t �e 7. t e, 1, o1uls
y that ny
Yl?cloriroeor onatrebut not 4'1nr t sf. , b0-
4vial--r rqoefl.-r
lt t q �_ir C, be ,-h
-+ s 'o Omckin_-eenPorced itt.s.
in the -re.
-�.7�en ..Te s, eqk of en-,o-ce-me-nt
lzr�n --nf e-, t e J
V
la it actl_on ne!.r`bor or a member of tl-ir�
no v4olates 'hem.
+ -)ven�l-`. Pcn_ sn eone
'Part-:,- f--o", unrler-*
re-,-4.ef" f:f'e -.
5_1'.�:!I., -n ti-i I-) a 4.7
o do s me act
4-0
%-n t-- ntenac ne
.,n,2..ch is -m- co ant..,
9n1 th, sort of tI,1J_. T f yn-11. ere Concerned about that
xmmon area.,
in r ou.- 7minlp- o f^ e 7---' .3ection --ha n_)__meJH cated -omrv-ln
4 _e to go Lr) and if the o-.,.;ner
011 -at-I 't.Ina' to 3-a-in-16ain it i,,Te have Ve ri-Zht to
go in re-�ab son_le re.f� -zi-s " ma-'np..-n .�_ePe as a-..T be
neces..,_ 'n n na,Irst t ose peo-.,le ',inner -It b--
T
ease-en-�,-,. i,;e a--e 1--otected there.
-v,-iti-i Vie r'-c-nts
Till `md. th ';`^eso --ere (1--n-Pt an the-,- -r .1 4-1 .7 A T
tj 11
nuch 'Ll_ 9"=. T-1- one nr t-I 4- T
cban.-Zes ._.; "Al-ce to
_oaEh t,!,C.Ujjj
en an+ -m,- -.-,e
mentic-I -:'5hat -,ay I)e )nn of them 4-Is these col, -.s req,
f c7 C, ,
an
7-rfnl�e. "eca,,a7e of the natur�� o r und
att.ach L t lrolrision
re �. I, L
e`7 -1 1 be a -m-!ge re,ulre . n- , 'ju, t -`...Thethler or o nt
M, n be c'- a-, T hre
4 -L �) '. � �) "
•jatftaC!-Ie-,!_ Plr be chan-ed 1-n- Vne,_-ze c�cant.q. Thatts the
poij
i,.,n '?o-- th!-n ',)--,ve to address '-0Irnge. T l-oly
C.
S -k It1le dbckage• i d.Dnl-� T.!''.-Ink those in attendance
V, i f.7 are relnIl- concerned about tl-.e se of tl-e '_t. for S.—Imir
If -P 9 inn t -I- -, Tant r. c, n that 5: re n and i - t,e
U m_ -, __ - _.___ �, .. ll , ip.i' in the
-1 1- t t s t r%e'h;ebe _enoth o.-F' the dock and
Of the -)o!zsibl.e CC�4,_ -T'f th the oer three -1-ots T th.4nlc --.Toulil
U Ll
be veji� rpan-I g s Y 7 ou a- lookir- al[ -four I Pm comfort-ble with
bec�7,usze 'hat 4-s vpy-Nr us��b'!__e T grq 1 3
S
rle enou��11. de-'31
at 7 .-'1 -�' be ad ninte t a lio-k th ..0
to acc=iorlate F 1. -r 1 f b o a t'. The asso i ti O_- A_ts2,_f 13
tC sone-.-i-ft trjr to t.'le 34-1 of the T SI - -pa into
L U.
'. e
l
J�,T�
J
7 ,alI-c', e 4- e
.-n n
7 s inc-1.1ide,' ;
r con-
1 7
b e:'4- e,'- a t 1_,_rimer dr)cl, frac-l-l-,t7:r --Tou'. d possibly
4
-ral slhorell - 9 P,'O i 4L -t --reserve the mEl ne
+
-d -e"'Tice t'-e numne- of L-os,7s_* b'!-e na-N,,-- gat} onal
-D
21 Z ro-ir
rho "4 U
. - I i f boulgh' tlic;' r1_1cll T -v;-6l_Jd r.Tant to
have
t , f --ro,)erty to Fret
1 4,
D'- _li 7 -antl -q,.0 --I
-n fro-,, o -rour
to the
T c o-an see, would be
"he -"-- c e, ou coul_-q. a co7mon 10 c:� as
e.
4 0
s be' •er in-LON --I o- -l'i s ---2 t, 0.` m than
x- t-e --oca associ 1 51
O'l-I
-en-
s,� b-ack +'he .-_S^.nni a=i oni tl-n, to cor�e ll')
T,
Uhau Take?
T -n- T.--i t! V oti-er 1 tems on tlil s d4 SCE s, s, oln
anml --en -.-,j -Cl" to Vie s'aff. I _mrt
f-ti
-"-e 4:11-S-e-l-f em-1 the -len5--t'- of t'_-3 doc'k.
3�.en�;cn - in. olll on the ease7,ent, Ittl
C
n -7-, 1101, 'cy non-e.xnu1s4-,,-e.
e a nn a- easen_en-� no one else Can use it.
Shl-
A a!"' use the s��me
_Py :D it, 7_e�� s all `lle- can i-�se
orle .
b '37a �ent -m-ni �cr t'.- -C, elase T
e _.-Ot
e ren to n _n b Ur 3
e of nreas that J.- nn .9 T can -io i bi
j
see a co%
I -iot c,--F' b-olatti-g, one 0 o c k oil, and 7 u
41S, ,7; U -1-lqnt ara-. '.,o k, s a uni�7;ue lr_�+, i.n
T, E- S se-P-rr3 accesc b7,�t.- o tl-ie r3acl t� th e lra V- the
. 7 e outI 3 , -O,,, over t.
C
-D I e a r:n a 2 In
1 .1 1 . 4 s S-'le
1. 0 _— th-_ U e IT
ere
-_el-e to -mt +,hn- :ac�!nss. To kee- th-_ wnt er c.1-ean.,
een, _5013 )A anO
N.-e ;,�fq.Ve �.r_Aul=l )ond cl croe3 ir-) e tT-7
3.
arP a-,.-n-
Cill. de sic !.,;hlch be coning
7 0+ '_,! )1. 7 a_L-iol,,n' of -w�ate_- and Vni
t,�rpe of a
p r
stirface n-
n-t lO`_+._fl.b7e, a r �. tl..-_le f aC^BS You vmuld almost
,ave 'o b-14',l 2 r a on V-at z)re
ar To�, 3 and )l _r t x_ n ',le clal de Sac",
10
-irface- J_ 1--l—s of concrete or
:��, !�- -1 T _ 1 4-
rK rl T P -1 en-th rest-l- on 'lve-on.d P. 3 ft. t and let
C4 -ye • !n Cz j,!n r's
v;'41-1 -;.ml.ate tsel-mof
-ald b on the
'o. an Roos, t_�_ "'-"F e- V. strilcture wo e co-st-
.L ne staff reco endmt-!.nn on
cm o,-m-linance. ill 9,
T as 1 on gr
0 L,
�i3 the acces,,
T` e-.-- -Road for him.
-e, u
J4-
'4 "-ere s- not an access?
T.a-rson nefo-e, n-)d I P-' that. ma,) and T donit
J. U I
iat 500 f
Fee 1.c- ti-a. cicce-ss o-- U V
Ci fl. Act
4
and Tree on the
e, T- can ------e -:-T!'-th that.
O d!---:n. to "'-le J' en e,-se -t.
t I, that
f - 7-an-'?
is T o .-- m
th4
.7 h ---j-' a e e n u, rry
-�)b a-LID-e-1- A M- a t y er
comn-nnts ^ndl. re-st-1-ict-Jons, em Ise
-1 �- 4- e exce-li-
TTq,� --Pp - - 1 -'-
V-, J-1- a
U ..on
no'5
a' 7-7p I- 01=-Pt a CondItion-1 TT 4-1,
cc-enants rest-4-�!r'--
wo - A e:,'- t e- ch -!)er-etu,2tes t-
t.1,q3 T,rlrSf)r r si.1c"', a of 2 rpn ona
Unde. .e --reati-
area on -1 r1 11 Se -ks and --retread 'anal areas
--F. Oral
al rn- t--ssoci ations
ei or'-nosFoclalne "Illtlo. wMd
h= =e -'G e -1, 7.-it',) sucl-;_ 11-L-2--tely Ps are
de u t'-te 'o-i'noil int�_-� -a Gro--cliti - �7� Use -�3-
- - r--.. -11 at
xt
T' -3 er b --t (b
4
Viere i-s bec.nuse T had n--, irlea w�hat the�- I-Te-re
k Yro z-2'n 1 -3 :ip--, -.i rlef-i un iblaks.,
th' sometn!=rdefin-i to in.11-1here.
of Vn
1-
C4 j I'le dco'al-n e c4tl.-. 10 7- ca u Jn't. -ezi slate
That r e!_ - -0-
hour,ir - Q t: -1 e
Pe-mi on Freob,urf, -'Iien s�lctl.on '-s ev-sn -i-ter the Use t.
Clark --T,o-;:i n-t-oved to -ncnr�nd a *Con, iti:)-l-,al Use be aI`Tressed to Council wit-h
-.e- thL Ao-e f -9namnncornt Lon arn p
ereCC-eS,t be C-1,n-n L P4the o-'T-ne-zVie e.n7aT-t hill F co= --an. 1 t. 1=74--- '.,i n 3 -ft draft, an,.' ','?at -1 tke
remi1t. n Se ct-
.-na, tc.here tbe no-s'r--ci'
te7r1-r 4soa-
on
Vne ea-e-ie 7-mo'I-- 1mces"nron -t3 tn
,f -1,,?l refi
staff attornc-- T o c-o-Tenn.nt3 in 45--r-ri-s -ne. ien -O:lu
secon-3ed -.waltler an un-:7-7mousl-11 a -)'-.roved.
CIT'T OF
CHANHASSEN
7610 LAREDO DRIVESP 0 BOX 147oCHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: April 23, 1979
TO: Planning Commission and Staff
FROM: Assistant City Manager/Planner, Bob Waibel
SUBJ: Smith's Acres Subdivision, Public Hearing
APPLICANT: Korsunsky, Krank, Erickson Architects, Inc.
PLANNING CASE: P-595
Attached hereto are the comments of the Minnehaha Creek Waterhshed
District regarding the subject proposal, and a proposed covenance
and restrictions for Christmas Acres which the planning commission
required before the public hearing.
As stated in the proposed covenance and restrictions, the membership
to the common area easement is limited to the owners of Lots 1, 2,
6, & 7. I find that the physical provisions of the outlot are
adequate taking into accound the comments for the planning commission
on February 28, 1979, that a 15 foot access to the lake is proposed,
however I believe that some discussion is in order as to the waterfront
restrictions for Lots 3, 4, & 5.
This office still has strong reservations with regard to permanent
emergency access to Lot 5. At this time, I believe that the proposed
300 foot driveway does not guarantee effective emergency access at
all times.
Recommendation
I recommend that.the planning commission approve the subject request
with the exception that Lot 5 be designated as Outlot until the
applicant can demonstrate that a resident on said lot can be accessed
by emergency vehicles at all times.
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DECLARATION OF 8
COVENANTS, CONDITIONS AND RESTRICTItO
CHRISTMAS ACRES
CARVER COUNTY, MINNESOTA
Th d d h d 4b
ra
c
Date
e un ers, igne owners of t e premises escri ed in
Exhibit A attached hereto and hereby made a part hereof,
Declarants, are desirous of establishing certain minimum
standards for the development of a simple family residential
development on the premises described in Exhibit A to insure
a proper and appropriate land use thereof so as to
a) Protect various owners of land within the plat
of Christmas Acres against improper use of land
therein as will depreciate the value of their
property;
b) Guard against the erection of structures built
of improper or unsuitable materials,
c) Insure the erection of attractive improvements
appropriately located to prevent an inharmonious
appearance and function.
d) Provide for adec:uate set back, off street parking,
and in general to provide a development which will inure
use of said land and the lake shore thereof to maximize
the esthetic value thereof.
NOW THEREFORE, William Bracken Ward and Patricia C. Ward,
husband and wife, and Frank Beddor, Jr. and Marilyn Anne Beddor,
husband and wife, Declarants, hereby declare that the land described
in Exhibit A hereto shall be held, sold, conveyed and developed in
accord with the following standards and guidelines and subject to
the following easements, restrictions, covenants and conditions
which shall apply to each and every part and parcel thereof and
shall apply to and bind each and every successor in interest _.cam
f
r'^ APR 1979
RECEVED
VILLAGE =
C2 CHANHASM%
MINN.
9)
thereof, and are hereby imposed upon said premises as a servitude
in favor of each owner of any lot in said CHRISTMAS ACRES as
described in Exhibit A hereof.
SECTION 1. DEFINITIONS: For the purpose of this
Declaration, the following terms shall have the following
definitions except as otherwise specifically provided:
(a) "Property" shall mean and refer to the real property
within the plat of CHRISTMAS ACRES, which said premises is
described in Exhibit A hereof.
(b) "Common Area" shall mean the real property described
as .......... of the property and which shall be for the common
use and enjoyment of the owners of Lots 1, 2, 6 and 7 of said
CHRISTMAS ACRES.
(c) "Living Unit" shall mean and refer to any portion of
a residence building situated upon the Property designed and
intended for use and occupancy as a residence by a single
family.
(d) "Lot" shall mean and refer to any plot of land shown
upon the recorded subdivision map of the Property with the
exception of the Common Area and public roadways.
(e) "Site" shall mean and refer to a single platted lot
conveyed to any grantee.
(f) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title
to any Lot, Site or Living Unit which is a part of the Property,
(excluding contract sellers and including in place thereof their
contract purchasers) and excluding those having such interest
merely as security for the performance of an obligation.
(g) "Declarations" shall mean and refer to this declaration
as the same may be amended from time to time as herein provided.
Other terms shall have the meanings attributed to them
herein.
SECTION 2. PERMITTED USES:
(a) No Site shall be used except for residential purposes;
no buildings shall be commenced, erected, altered, placed or
permitted to remain on any Site other than one single family
dwelling, not to exceed two stories in height, and an attached
garage for not more than three cars. (No garages shall be erected
on any Site except attached garages, Each dwelling erected shall
have an attached garage for at least one car and on Site parking
spaces to accommodate at least two cars.
(b) No Site shall be subdivided or split by any means
whatsoever into any greater number of residential plots, nor into any
residential plot or plots of smaller size.
(c) No noxious or offensive activities shall be conducted
on any Site, nor shall anything be done thereon which may be or
become an annoyance or nuisance to other Owners.
(d) All uses shall comply with the zoning and other
applicable regulations as set forth by the City of Chanhassen.
Said regulations shall govern if inconsistent herewith to the
extent actually inconsistent. If not inconsistent herewith, the
standards herein contained shall be considered as requirements in
addition to said regulations.
(e), No sign shall be placed on any Site, except that one
"for sale" sign may be placed on any Site.
(f). No birds, animals or insects shall be kept on any
Site except dogs, cat and other common household pets, provided
that they are not kept, bred or maintained for any commercial
purposes.
(g) No structure of a temporary character, trailer,
basement, tent, shack, garage, or other building shall be used
on any Site at any time as a residence, either temporarily
or permanently.
(h) All on Site utility connection facilities and services
shall be underground.
(i) All else herein notwithstanding, any Site may be used
for a model home with customary development signs during the
development period of the plat of CHRISTMAS ACRES.
SECTION 3. SITE MAINTENANCE:
(a) Outside storage of any items shall not be allowed
unless screened from view by enclosures so as to effectively
screen such storage from view outside the Site. The design of
such screened enclosure must be compatible with the natural
character of the Property.
(b) All buildings shall be maintained in a state of good
order and repair and all other Site areas shall be properly
maintained at all times.
(c) All improvements and structures shall be completed_
within one year after the commencement of construction thereof.
SECTION 4. COMMON AREA:
(a) The common area easement for the use and benefit
of Lots 1, 2, 6 and 7 shall be a non-exclusive easement, for use
by the Owners of said lots 1, 2, 6 and 7, for access to
Christmas Lake, in accordance with the provisions of this Section.
(b) Only the Owners referred to in this Section, or their
guests and tenants shall use said common area.
(c) No part of the common area shall be used as a beach.
(d) Each Owner entitled to use said common area shall be
allowed to keep one, and one only, watercraft required to be
licensed by the State of Minnesota at the shoreline or at a dock
constructed into Christmas Lake from said common area.
(e) A small gazebo may be constructed on said common
area for the storage of oars, lifejackets, fishing gear, and other
items used or useful in the operation of watercraft; provided,
however, said gazebo shall be constructed and paid for solely
by the Owners of Lots 1, 2, 6 and 7 and the design and location
thereof shall have been first approved by all the owners of
each lot in CHRISTMAS ACRES.
(f) The owners entitle to use said common area shall
maintain the same and any improvement thereon at their sole
cost and expense.
(g) One dock, not to exceed feet in width and
feet in length, may be constructed from the said common
area into Christmas Lake.
(h) The Owner of Lot 3 shall be in charge of and oversee
the maintenance of the common area, and, in the event the owners
entitled to use the same shall fail to maintain the same in
a reasonable manner, as determined by the owner of Lot 3, said
Owner of Lot 3 may expend such sums as may be reasonably necessary
to provide the minimum maintenance of the common area. Any such
sums so expended shall be repaid to said Owner of Lot 3 within
60 days after the Owners entitled to use said common area have
received written notice from the owner of Lot 3 of their one-
fourth share of such expenditure. Any owner who fails to pay
said sum when due shall not be entitled to use said common area
until all such sums due from him are paid in full.
(i) Every owner entitled to use said common area shall
remove his watercraft therefrom by November 1 of each year.
SECTION 5. ENFORCEMENT:
(a) The standards set forth herein shall be enforceable
by any Owner, their successors and assigns, for the maximum
period allowed by law and shall be enforceable by any Owner,
their successors and assigns, by (i) injuctive relief,
prohibitive or mandatory, to prevent the breach of or to enforce
the performance or observance of these standards, or by (ii) a
money judgment for damages by reason of a breach of these standards
or (iii) both (i) and (ii) .
(b) The failure of any Owner, their successors or assigns,
to enforce any provisions of the standards contained herein upon
the violation thereof shall in no event be deemed to be a waiver
of the rights to do so as to any subsequent violation.
(c) Invalidation of any of the provisions of these covenants
and standards, whether by court order or otherwise, shall in no
way affect any of the other provisions which shall remain in
full force and effect.
(d) Any party to a proceeding who succeeds in enforcing
a standard or enjoining the violation of a standard against a
Site Owner may be awarded a reasonable attorneys' fee against such
Site Owner and shall be entitled to interest at the rate of eight
percent (8%) per annum on any monetary amount awarded from the
date such amounts shall be determined to have been payable.
(e) No violation of any of these standards shall defeat or
render invalid the lien of any mortgage made in good faith and
for value upon any Site; provided, however that any mortgagee in
actual possession, or any purchaser at any mortgagees' or fore-
closure sale shall be bound by and subject to these standards
as fully as any other Owner of any Site subject hereto.
SECTION 6. GENERAL:
(a) No building shall be constructed on any lot unless
the same meets the required setback and building code requirements
of the City of Chanhassen and other local and state regulations
and laws applicable thereto.
(b) No single family residence shall be erected on any
lot unless the same shall contain square feet of finished
living space (not including basements, but including walkout
lower level structures).
(c) No single family residence or garage shall be
constructed on any lot unless a certificate, executed by a
licensed architect or engineer, shall be submitted to the
City of Chanhassen stating the soil for any foundation for such
structure can support the same.
IN TESTIMONY WHEREOF, the said William Bracken Ward
and Patricia C. Ward, husband and wife, and Frank Beddor, Jr.,
and Marilyn Anne Beddor, husband and wife, have hereto set
their hands and seals this day of , 1979.
William Bracken Ward
Patricia C. Ward
Frank Beddor, Jr.
Marilyn Anne Beddor
(Acknowledgements)
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 April 13, r lg 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
Merrill Bartlett dev. plan, subdivision and CUP proposal 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 day of - `-
��tl�,iJ
Notary Public
9"t 'tt "3o0 sajidx3 uoissiwwoo An
AlNnOC H3AHbC _
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1aHVHT'-', :-'f N3k1VN
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR
DEVELOPMENT PLAN REVIEW, SUBDIVISION, AND
CONDITIONAL USE PERMIT FOR CHRISTMAS ACRES
CHANHASSEN, MINNESOTA
NOTICE IS HEREBY GIVEN That the Planning Commission of the
City of Chanhassen, Minnesota will meet at 7:45 p.m. on Wednesday the
25th day of April, 1979, at the City Hall, 7610 Laredo Drive, for the
purpose of holding a public hearing to consider the development plan,
subdivision, and conditional use permit on the following described
tract of land.
Commencing at a point on the
fVlest line of the NEQ of Section 2-116-23, 1400 ft. N. of SW corner of said Quarter
Section; thence P{orth 88* 43' E. 417- 5/10 ft. to pl. of beg: of land to 5e
described; th. f1. 40* 10' E. 365 ft; th. N. 56* 50' E. 550 ft to shore of "Lake
Christmas" (so-called); th. SEly. along the shore of said lake 400 ft; th. S. 21*
49' W. 344- 8/10 ft; th. S. 28* 09 W. 367-7/10 ft. to center of highway known as
the "Eden Prairie Road:; th. 1`41Wly. corner of land sold by Tobias Kolsta and Anna
Kol sta, his wife, to Julius August Olson and 1-9ary Olson, his wife, by deed rec.
Book "1 " Deeds page 277 and 278; thence N. 55* 30' W. along said road 311 - 5/1.0 ft.
to pl. of beg. Cont. 11-2/10 acres more or less.
A plan showing said development, subdivision and conditional
use permit, is available for inspection at City Hall. All interested
persons may appear and be heard at said time and place.
Dated:: April 10, 1979
BY ORDER OF THE PLANNING COMMISSION
Bob Waibel, Asst. Manager Planner
(Publish in the Carver County Herald on April 11, 1979).
�� � Laws c11.:G (X i�.G1.111CC11 �
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Dennis.-M. & G. Mathisen
Miles W.& Maxine Lord 850 Pleasant View Rd. f
Rt. 7 Box 960 Excelsior, TIN. 55331
Excelsior, ,IV. 55331 ;
s Village of Chanhassen Dan & G. - Gchimmelpfennig
Chanhassen, 809 Pleasant View Road ;•
_•' MN 55317 Excelsior, MN 55331
Frank Jr. & M. Beddor
910 Pleasant View Rd.
Excelsior, MN 55331
Wm. D.& B.J. Gullickson
830 Pleasant View Rd.
Excelsior,. MN 55331`
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Excelsior, MN 55331
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Excelsior, MN 55331
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Excelsior, MN 55331.
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KORSUNSKY KRANK ERICKSON ARCHITECTS, INC.
March 21, 1979
Mr. Bob Waibel
City Planner's Office
7610 Laredo Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Re: Christmas Acres
Comm. No. 78-90
Dear Mr. Waibel:
Qr
ARCHITECTS / PLANNERS / INTERIOR DESIGN
In accordance with our telephone conversation, we would like to proceed with
the public hearing for Christmas Acres. As I informed you, we did receive
a grading and drainage permit from the Minnehaha Creek Watershed District.
A copy of their letter is attached.
have also advised Mr. Brack Ward to submit to your office, by March 23, an
abstract of property owners within 350 feet of the property and also a draft
of the proposed covenants and restrictions.
As I understand the schedule, this information will be published on March 28th
and the Public Hearing will be on April llth. Please advise if this is incorrect,
or if additional information is required.
Sincerely,
KORSUNSKY KRANK ERICKSON ARCHITECTS, INC.
Daryl . Fortier
Attachment
cc: Mr. Brack Ward
Mr. Julius Smith
555 SHELARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (612)546-5381
AHq
co
�9SNED p�S�
MIIVIVEHAHA CREEK
LAKI
WATERSHED DISTRICT
P.O. Box 387, Wayzata, Minnesota 55391 MiKNESOTA RIVLR
BOARD OF MANAGERS:
David H. Cochran, Pres. • H. Dale Palmatier • Albert L. Lehman . James S. Russell • Jean Williams
March 19, 1979
Mr. Daryl Fortier
Korunsky, Krank, Erickson Associates, Inc.
555 Shelard Tower
600 South County Road 18
Minneapolis, Minnesota 55426
Re: Permit Application No. 79-16
Location: Pleasant View Road and County Road 17,
Southwest Shore of Christmas Lake -
Chanhassen
Purpose: Grading/Drainage Plan for Seven Lot Subdivision
Dear Mr. Fortier:
At its meeting on March 15, 1979 the Board of Managers of
the Minnehaha Creek Watershed District reviewed the subject
permit application.
It approved the permit as requested with the following conditions:
1. All work shall be done in a manner to prevent
erosion and siltation both during and after
construction in accordance with the Minnehaha
Creek Watershed District Guidelines, a copy of
which is enclosed.
2. All work shall conform to the requirements of
the City of Chanhassen.
3. Designated storm water ponding areas shall be
permanently dedicated for that purpose and
legally protected to prevent possible future
revision.
Permits are valid for one year.
-LCEI VED
MAR 2 j_ 1979
&URSUNSKY • KRANt
ARCHITECTS, INC
Mr. Daryl Fortier
March 19, 1979
Page Two
Please contact us at 473-4224 when the project is about to
commence so an inspector may view the work in progress.
Thank you for your cooperation.
Sincerely,
EUGENE A. HICKOK AND ASSOCIATES
Engineers for the District
1z•"',•
Eugene A. Hickok,. P.E.
EAH/cml
Enclosure
cc: D. Cochran - MCWD
G. Macomber - MCWD
B. Pankonin - Chanhassen
l�
Planning Commission :eting February 28, 1979 -2 -
A discussion was held on extending the street through to the Carver
Beach neighborhood.
CHRISTMAS ACRES: The applicant is requesting to subdivide approximately
eleven acres on the southwest shore of Christmas Lake into seven single
family lots. The property has been assessed for public improvements
in the amount of $18,942 and $35,484.09 including interest has been
deferred. Even though the property is under subdivided, the special
assessment obligation is still intact. The Assistant City Manager/
Planner recommended that the Planning Commission order a public
hearing for the subdivision and conditional use permit conditioned
upon the applicant submitting plans for the neighborhood open space
and facilities proposed, copies of homeowners organization by laws
covenants and restrictions and reports from the Minnehaha Creek
Watershed District.
A 15 foot access.to the lake is proposed, with a dock for boats. No
swimming beach will be provided.. Horsepower on the boats will be
limited..
Mal MacAlpine moved to hold a public hearing of the proposed Christmas
Acres subdivision. Time and date to be set by the Assistant City
Manager/Planner. Motion seconded by Walter Thompson and unanimously
approved.
SUBDIVISION REQUEST - KEN WALDRIP: Mr. Waldrip is proposing to
suTdzvide o the existing house located at 6431 Galpin Blvd. from
a larger parcel. The property is presented zoned P-1. Mr. Waldrip
proposed 34 townhouse units, a 28 unit condominium building and a
24 unit condominium building on the remainder of the property but does
not wish to pursue this proposal at this time. Planning Commission
members felt that Mr. Waldrip has fulfilled the requirements of the
ordinance by'showing what he has planned for the remainder of the
property.
Mal MacAlpine moved to hold a public hearing to consider the subdivision,
Planning Case P-613, as outlined in the Ken Waldrip proposal dated
February 12, 1979, Lot 1,.Block 2, and Outlot A, on March 28, 1979.
Motion seconded by Jerry Neher and unanimously approved.
CHAPARRAL OUTLOTS B AND C, NEW HORIZON HOMES - STREET WIDTH: The
Assistant City Manager/Planner discussed the request of New Horizon
Hones to reduce the width of the streets. He had called several cities
which have similar developments with four unit townhomes and received
the following information:
City of Bloomington - 36 foot roadway face to face with no parking
restrictions.
City of Burnsville - 31 foot roadway augmented by a no overnight
parking regulation.
City of Woodbury - 24 foot roadway curb.to curb with no parking
regulations.
The Planning Commission took action on this issue at their last meeting.
DEVELOPMENT CONTRACT.AMENDMENT REQUEST - HANSEN AND KLINGELHUTZ:
Hansen and Klingelhutz are requesting an amendment to Section 5_of
their development contract which presently states no motor vehicle
larger than 7,000 lbs. be permitted to be parked at the site between
the hours of 2:00 a.m. and 6:00 a.m. on any day. The Assistant City
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: February 12, 1979
TO: Planning Commission and Staff
FROM: Assistant City Manager/Planner, Bob Waibel
SUBJ: Proposed Preliminary Development Plan, Christmas Acres
APPLICANT: Korsunsky,Krank & Erickson Architects, Inc.
PLANNING CASE: P-595
Petition
The applicant is requesting to subdivide approximately 11 acres on
the southwest shores of Christmas Lake into 7 single-family residential
building sites.
Comments
In November of 1978, a plan showing the subdivision of the subject property
into 21 lots, was brought before the Planning Commission for their review.
The present plans have altered the issues as follows:
The previous inordinatly long cul-de-sac has been reduced to conform with
ordinance standards.
The shortening of this cul-de-sac, has left lot 5 with anins.ufficient frontage
on a public street. Lot 5 is indicated to have 60 feet of frontage whereas
ordinance 47 requires 90 feet of frontage. Even if the inadequate frontage
problem could be resolved, I believe that the spirit and intent of the
ordinance provision is that the residential structure have adequate access
in its vicinity for emergency vehicles. In the standard residential
subdivision, the residents will be located approximately 30 feet from the
public street right of way, wherein the structure for lot 5 is proposed
to be approximately 300 feet from the public street right of way. It is
easy to see the disparity on the ability of emergency vehicles to render
service when the structure is only 30 feet from the vehicle as opposed to
300. Before the next review of this development proposal, staff should
make recommendation on a method to alleviate this problem.
The subject property has been assessed for public improvements as per
the Carver Beach public improvement project and the north service area
public improvement project. A total of $18,942 have been assessed and
$35,484.09 including interest has been deferred. The city engineer will
Planning Commission -2- February 12, 1979
give a detailed breakdown of the assessments at the February 14, 1979,
Planning Commission meeting. The applicant should be advised that even
if the property is under subdivided, the special assessment obligation is
still intact.
As indicated on the plans, the property has a very extreme relief condition.
Attached to your report are architectural concepts submitted by Darryl
Fortier, which exemplify some design precautions which may be utilized
on lots 1 through 5 of the proposed development. One of the conditions of
this plan should be that when building permits are applied for in the
vicinity of lots 1 through 5, the building plans should have signed approval
from an architect or civil engineer registered in the State of Minnesota
so as to insure for soil and slope stabilization and maintenance.
The applicant should bring input from the Minnehaha Creek Watershed
District before further review of the proposal.
Along the western side of lot 3, is shown a walkway for residents of
Christmas Acres to use for access to what appears to be finger dock on
Christmas Lake. The applicant should be advised that the city encourages
the use of neighborhood beach facilities, however, before one can be
established the applicant's must provide staff with information such as
covenants and restrictions, that will be used to outline the management
of the facility. The applicant is hence advised to submit plans that would
indicate the area for neighborhood open space and facilities proposed, and
also copies of homeowners organization bylaws covenants and restrictions
that might be used to govern said beach lot.
Recommendation
I recommend that the planning commission order a public hearing for the
subdivision, and conditional use permit for Christmas Acres, conditioned
upon the applicants timely submission of the aforementioned materials
regarding the beach lot, and reports from the Minneh•aha Creek Watershed
District.
KORSUNSKY KRANK ERICKSON ARCHITECTS, INC.
January 29, 1979
City Planner
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
Re: Christmas Acres - A Subdivision
Comm. No. 78-90
Gentlemen:
ARCHITECTS / PLANNERS / INTERIOR DESIGN
Concern has been expressed regarding the construction difficulties which
may be encountered on the individual lots of this proposed subdivision.
We have specifically designed this subdivision to ease the difficulties
often presented by sloping sites. It is our opinion that each lot is
desirable and buildable.
On the sketch plan we have shown houses on .each lot. The location of each
house is an indication of where we believe houses should be located to take
advantage of topography and views, as well as ease construction. To indi-
cate further the nature of the site, we have prepared sketches of sections
through these houses. These sketches depict slope and setback relative to
the scale of a house. As can be noted, conventional construction can be em-
ployed even on a steep slope, such as lot number 4 presents.
As these lots are quite large, other building locations are available and
may indeed be chosen by the individual owners. Similarly, the individual
owner may wish to employ varying construction technologies. We believe
these lots allow for such choices.
Sincerely,
KORSUNSKY KRANK ERICKSON ARCHITECTS, INC.
v
Daryl P. Fortier
DPF/bq
Enclosures
555 SHELARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (612)546-5381
r
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...........
- --- ----- -----
LOT # 1
SLOPE 13%
CHRISTMAS ACRE'SDATE
SH aT
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KOHSUNSKY • KRANK ARCHITECTS. INC. - (612) 616431
OWSO.COUNTYRO.16 I MINNEAPOLM.MINN.66426
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LOT # 2
SLOPE 20%
CHRISTMAS ACRES
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OWSO.COUNTYRD.16 / IWIMNEA►M18.MIN,. 5642t
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SLOPE 10%
CHRISTMAS ACRES
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DATE
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KORSUNSKY • KRANK ARCHITECTS. INC. - (612) 5465381
DRAWN BY
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600 SO. COUNTY RD. 18 I MINNEAPOLIS. MINN. 65426
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CHRISTMAS-- ACRES
KORS~Y . KNANK MICNITECTS. INC. - fit 2) 6404LUI r:
GWSO.COUNTYND.ti / MINNEAPOLIS. MINN. 564M
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LOT # 5
SLOPE 25%
CHRISTMAS ACRES
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V WUM SKY • KRANK ARCHITECTS. INC. - Isla S""I
swoo.COUNT'RO.ti 1 MINNEAPOLIS. MINN. Imm
by
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. DAHLIN
L. L RY
LARHANSON �-�'!"'� _ _
ARY L. J. JACKSON SCHOELL & MAOSON. INC.
WILLIAM J. BREZINSKY ENGINEERS AND SURVEYORS
JACK E. GILL
RODNEY B,GORDON
THEODORE D. KEMNA
JOHN W. EMOND (6121 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT OFFICES AT HURON, SOUTH DAKOTA AND DEN70N, TEXAS
BRUCE C. SUNDING
R. SCOTT HARRI February 12
DENNIS W. SAARI y , 1979
GERALD L.BACKMAN
City of Chanhassen
Attention: Don Ashworth, Administrator
P. O. Box 147
Chanhassen, Minnesota 55317
Subject:
Dear Mr. Ashworth:
Christmas Lake Woods,
Special Assessments.
The proposed development of the Merrill Bartlett
property will result in levying deferred special
assessments from both the North Service and Carver
Beach areas as described herein.
CALCULATION OF UNITS
The special assessment unit charges were based on
development of all the North Service Area in accordance
with existing zoning (R-1 for this property).
The ultimate trunk. units in R-1 areas were determined
by multiplying the developable acreage by 2.5 units per
acre, resulting in a total of twenty-three units against
this property. (This allows approximately'14 percent of
the developable acreage for street use.)
One lateral unit was counted for each 15,000 square
foot lot with 100 feet of frontage that could be developed
abutting the improvement. Seven (7) lateral units were
calculated along Pleasant View Road.
NORTH SERVICE AREA (N.S.A.)
In the North Area a maximum of one unit of each type
was initially assessed each parcel. The remaining cal-
culated units were deferred. A square foot charge of 12131�
two cents per square foot in excess of 15,000 square fe
within 100 feet of the improvement was used to partial
FEs1s7s
n i
ifs RECEf%mb s
VIU AGE On f
! MINN. .��
+C �i'-7n-1 Il CLl9V
=:iCHOELL & MAOSON, INC.
City of Chanhassen
c/o Don Ashworth, Administrator
February 12, 1979
Page 2
offset the deferred lateral units. The square foot charge
on 15,000 square feet was to be credited back for each
lateral unit added in the future.
It was determined by the Council that while water
installations benefitted the entire property, the sanitary
sewer benefit was limited to one unit.
The assessed and deferred North Service Area Assessments
are listed in the attached Table. Note that interest in the
amount of 7 percent per year, for each year since the
original assessment, has been added to the deferred assess-
ments.
CARVER BEACH
Sanitary sewer, not assessed in the North Service Area,
was assessed on the Carver Beach project. Initial assess-
ments were limited to five units, with the remainder de-
ferred. Initial and deferred assessments are shown in the
attached Table. As in the N.S.A. interest is added to the
deferred assessments.
The initial and deferred assessments on the property
are $18,942.00 and $35,384.06, respectively.
Very truly yours,
Schoell & Madson, Inc.
WJBrezinsky: srt� A��
cc: Mr. Russell Larson
6CHOELL & MAOSON, INC.
SPECIAL ASSESSMENTS ON MERRILL BARTLETT PROP.
(CARVER CO. 39D0)
NORTH SERVICE AREA
Assessed:
1 Lat. Water Unit @ $1,132.00 $ 1,132.00
Water: 107,250 S.F. @ .02/S.F. 2,145.00
Total $ 3,277.00
Deferred:
6 Lat. Water Units @ $1,132.00 6,792.00
1 Lat. Sewer Unit @ $2,537.00 2,537.00
23 Trunk Water @ $380.00 8,740.00
1 'Trunk Sewer @ $320.00 320.00
8,389.00
Credit $300 for each on Line Water
Unit (Max. 7) 2,100.00
Total Additional Assessments $16,289.00
Add. Interest 42% (.7o for 6 years) 6,841.38
Total with Interest $23,130.38
CARVER BEACH
Assessed:
5 Lat. Sewer Units @ $2,675.00
5 Trunk Sewer Units @ $458.00
Total
Deferred:
1 Lat. Sewer Unit @ $2,675.00
16 Trunk Sewer Units @ $458.00
Total Additional Assessments
Add. Interest 22.5% (7-1�°a for 3 years)
Total with Interest
$13,375.00
2,290.00
$15,665.00
$ 2,675.00
7,328.00
$10,003.00
2,250.68
$12,253.68
t
SCHOELL & MAOSON.INC.
SUMMARY
Assessed: North Service Area
Carver Beach
Total Assessed
Deferred: North Service Area
Carver Beach
Total Deferred
Total (including Interest)
$ 3,277.00
15,665.00
$18,942.00
$23,130.38
12,253.68
$35,384.06
$54,326.06
KORSUNSKY KRANK Eta ' KSON
ARCHITECTS, INC
555 Shelard Tower
600 South County Road 18
MINNEAPOLIS. MINNESOTA 55426
Phone 546.5381
TO Chanhassen City Planner
7610 Laredo Drive
Chanhassen, Minnesota 55317
GENTLEMEN:
WE ARE SENDING YOU KI Attached ❑ Under separate cover via ma'U.
❑ Shop drawings ❑ Prints X1 Plans ❑ Samples
❑ Copy of letter ❑ Change order ❑
_the following items:
❑ Specifications
COPIES
DATE NO.
DESCRIPTION
Subdivision plan ,24Z���1•?T��
C 1978 .
1
12/ 19/78
'Vil I
�[CHAIyMASSE/Y (�'�
�01 ;1
L
14
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
Approved as submitted ❑
Resubmit
copies for approval
❑
For your use
❑
Approved as noted ❑
Submit
copies for distribution
❑
As requested
❑
Returned for corrections ❑
Return
corrected prints
Ki
For review and comment
❑
❑
FOR BIDS DUE_
19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
We are interested
in securing council approval
for the
illustrated
s ihrlivision
aS a P_U_I)_
P1eaSe
review the plan so we
may discuss
them soon
COPY TO
SIGNED:
FORM 240-2 - Available from Ees Townsend, Man.01469 If enclosures are not as noted, kindly notify us at once. Daryl P . Fortier
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 D. KEMNA
JOHN W.EMOND
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT
BRUCE C. SUNDING
R. SCOTT HARRI
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
City of Chanhassen
c/o Mr. Don Ashworth
P. 0. Box 147
Chanhassen, Minnesota.55317
Gentlemen:
OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS
November 15, 1978
Subject: Christmas Lake Wood
Sketch Plan Review
Our File No. 7120
We have reviewed the subject sketch plan dated
October 5, 1978, as prepared by McCombs -Knutson Associates,
Inc., and inspected the site. Our comments are as follows:
1. Sanitary sewer and watermain are available to the
subject property as shown on the attached plan.
Service could easily be extended to the proposed
lots;
2. Soils on the property appear stable;
3. The topography of the site would preclude a street
entrance at any other point than that shown.
The cul-de-sac shown appears to be the best way to.
serve this property for R-1 single family develop-
ment. A variance to the cul-de-sac length require-
ments would be needed;
4. It appears considerable site grading will be required.
Precautions to prevent erosion during construction
will be required. The developer should be required
to provide existing topography and a grading plan
with 2 foot contour intervals;
SCHOELL & MAOSON, INC.
City of Chanhassen
c/o Mr. Don Ashworth
November 15, 1978
Page Two
5. Runoff from the street and lots 7 through 11
should be directed to a pond located on lots
8 and 9. Lots 1 through 6 would drain direct-
ly to the creek. Runoff from the remaining
lots would flow to Pleasant View Road;
6. The plan should be submitted to Minnehaha Creek
Watershed District for review.
Further analysis will require the aforementioned grading
plan, street grades and proposed utility location. At this
point it appears that R-1 single-family development of this
site in a manner similar to that shown would be feasible from
an engineering point of view and could be done within the
Subdivision Ordinance requirements.
Very truly yours,
SCHOELL & MADSON, INC.
WJBrezinsky:esg
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: November 6, 1978
TO: Planning Commission, Staff and Ray Belanger
Burnet Realty, Excelsior Office, 28 Water Street, Exc., Mn. 55331
FROM: Ass't. City Planner, Bob Waibel
SUBJ: Christmas Lake Wood, Sketch Plan Review
APPLICANT: Centurion Company
PLANNING CASE: P-595
Petition
The applicant is requesting to subdivide approximately 11 acres on
the southwest shores of Christmas Lake into 21 residential building
sites.
Background
1. Community Location: As shown in enclosure 1, the subject property
is located in the northeast quadrant of the intersection of Pleasant
View Road and Powers Blvd. (Co. State Aid Highway #17)
2. Existing Zoning: The subject property presently is zoned R-1,
single family residential, district. The properties across Powers
Blvd. and Pleasant View Road from the subject property are zoned
R-lA, agricultural residence district.
3. Utilities: Sanitary sewer and municipal water are presently available
to the subject property.
4. Comprehensive Plan Proposals:
a. Land Use - Pursuant to the adopted City Comprehensive Guide Plan,
the subject property is to assume and maintain a low density single
family residential identity.
b. Transportation - Pursuant to the adopted City Transportation Plan,
Powers Blvd. is to function as a major collector and Pleasant View Road
is to function as a local street. The comprehensive guide plan indicates
the western portion of the property to Christmas Lake to be a
conservation drainage area.
Planning Report -2--'ovember 6, 1978
Planner's Comments
1. Staff, has as of yet, not made an onsite review of the subject
property. The City Engineer and myself will have a verbal report
regarding preliminary topographical review information. Two items
of concern will be litigating the inordinately long cul-de-sac and
receiving watershed district preliminary review input concerning the
storm water run-off situation.
2. The Planning Commission should restrict their comments at this
time to the proposal's overall consistency with the City's adopted
plans and ordinances.
3. The four lots abutting the lake are designed so as to meet the
minimum threshold standards for properties within shoreland areas.
Planner's Recommendation
I recommend that the Planning Commission accept the plans for Christmas
Lake Wood dated October 5, 1978, for sketch plan review purposes.
The applicant should be advised, that before that any further Planning
Commission review, the subject plans should be taken before the
Minnehaha Creek Watershed District for their review and findings with
said findings being furnished to city staff for subsequent planning
review. It would also be advisable for the applicant to arrange
for meetings with the city engineer and myself after Watershed District
review and before preparing further development plans as prescribed
by ordinance before the next Planning Commission review, in order to
include appropriate staff concerns into the subsequent plans.
CITY OF CHANHASSEN
RESIDENTIAL SUBDIVISION DEVELOPMENT CONTRACT
PLAT OF CHRISTMAS ACRES
THIS AGREEMENT, made and entered i/toaos
day of
1980 by and betwety of Chanhassen, a
municipal corporation, hereinafter refes the City, and
William Bracken Ward, Patricia C. Ward,ddor, Jr., and
Marilyn Ann Beddor, hereinafter. referrehe Developer.
WITNESSETH:
WHEREAS, the Developers are e fee owners of certain lands
as described in Exhibit A attac d hereto; and
WHEREAS, the Developers ave' made application under the City
Subdivision Ordinance for C'ty Council approval of single family
residential developme t p eliminary plat of said land, said plat
to contain approximat ly 11.2 acres divided into seven lots and
one outlot, and td be n wn as Christmas Acres, and
WHEREAS, he i y Council by its resolution passed on May 7,
1979, has app ov aid preliminary plat, subject to and on condition
that develo e s n er into this agreement; and
WHERE tie City has established the policy requiring land
developers urnish surfaced streets, curbs, gutters, boulevard
sodding,'dr ays, storm surface water drainage facilities, street
signs and ligh ing, municipal water and sanitary sewer facilities
and derground electric and telephone service lines to all lots and
pla approved by the City, all of the foregoing hereinafter sometimes
re rred to as improvements; and
WHEREAS, the Developers have made application to the City to
e allowed at Developer's expense to construct, install, and perform
11 work and furnish all materialsin connection with the installation
//of the following improvements:
a. Street grading; stabilizing, and bituminous surfacing;
b. Surmountable concrete curbs and gutters;
C. Sanitary sewer mains;
d. Watermains;
e. Storm and surface water drainage;
f. Street signs;
g. Boulevard sodding;
h. Driveway surfacing;
i. Underground utility lines;
j. Street lighting.
_ 2_
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the preliminary plat of Christmas Acres
the City and the Developer agree as follows:
1. Improvements by Developers. Developers agree at their
expense to construct, install. and perform all work and furnish all
materials and equipment in connection with the installation of the
following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Surmountable concrete curbs and gutters;
C. Sanitary sewer mains;
d. Watermains;
e. Storm and surface water drainage;
f. Street signs;
g. Boulevard sodding;
h. Driveway surfacing;
i. Underground utility lines;
j. Street lighting.
2. Standards of Construction. Developers agree that all of the
foregoing improvements shall equal or exceed City standards, shall be
constructed and installed in accordance with engineering plans and
specifications approved by the City Engineers and the requirements of
applicable City ordinances and standards, and that all of said work
shall be subject to the supervision of the City engineers.
3. Materials and Labor. All of the materials to be employed
in the making of said improvements and all of the work performed" in
connection therewith shall be of uniformly good and workmanlike quality,
shall equal or exceed City standards and specifications, and shall be
subject to the inspection and approval of the City. In case any material
or labor supplied shall be rejected by the City as defective or
unsuitable, then such rejected materials shall be removed and replaced
with approved material, and rejected labor shall be.dor_e anew to the
satisfaction and approval of the City at the cost and expense of
Developers.
4. Schedule of Work. The Developers shall submit a written
schedule indicating the proposed progress schedule and order of
completion of work covered by this contract, which schedule shall be
a part of this contract. Upon receipt of written notice from the
Developers of the existence of causes over which the Developers have
no control which will delay the completion of the work, the City, in
its discretion, may extend the dates hereinafter specified for
completion.
It is understood and agreed that the work shall be performed
in one phase to be completed by as follows:
a.. Phase I: Installation of all improvements in the
proposed plat, including street, sanitary sewer, water.,
concrete curb and gutters, storm sewer, and final
street wearing course shall be completed by
-3-
5. Roads, Sanitary Sewer, Water and Storm Sewer Facilities.
a. Plans and Specifications. The Developers agree to
cause their engineers to prepare all plans and specifications necessary
for the installation of roads, curb, gutter, sanitary sewer, water and
storm sewer facilities in said plat, said plans and specifications to
be in substantial accord with the proposed plans thereof prepared by
Korsunsky, Krank Architects, Inc. and dated December 19, 1978, and
designated City Council exhibit "A" dated May-17, 1979_ All plans
and specification shall be subject to the final approval of the -City
Engineers.
b. As -Built Plan. Upon completion of construction, Developers
shall cause their engineers to prepare and file with the City an
"as built" plan showing the installation of the foregoing facilities
within the plat.
C. Easements. Developers, at their expense, shall acquire
all easements from abutting property owners necessary to the
installation of the sanitary sewer, storm sewer, and water facilities
within the plat, and thereafter promptly assign said easements to
the City.
6. Reimbursement of Costs. The Developers shall reimburse the
City for all costs, including reasonable engineering, legal, planning
and administrative expenses incurred by the City in connection with
all matters relating to the administration and enforcement of the
within agreement and the performance thereof by the Developers.
.7. Disclaimer by City. It is understood and agreed that the
City, the City Council, and the agents and employees of the City shall
not be personally liable or responsible in any manner to the Developers,
the Developers' contractors or sub -contractors, materialmen, laborers,
or any other person, firm or corporation whomsoever, for any debt,
claim, demand, damages, actions or causes of action of any kind or
character arising out of or by reason of the execution of this agreement
or the performance and completion of the work and improvements here-
under; and that the Developers will save the City, the City Council,
and the agents and employees of the City harmless from any and all
claims, damages, demands, a actions or causes of action rising the
and the costs, disbursements, and expenses of defending the -same.
8. Written Change Orders. The Developers shall d'so no work
nor furnish materials not covered by the plans and specifications for
which reimbursement -is expected from the City unless a written order for
such work or materials is received from the City. Any such -work or.
materials which may be done or furnished by the Developers without
such written order first being given shall be at their o-wn risk, cost
and expense, and the Developers hereby agree that without such written
order, Developers will make no claim for compensation for work or
materials so done or furnished.
9. Performance Bond. For the purpose of assuring to the
City that improvements to be by the Developers constructed, installed
and furnished as set forth in Paragraph 4 hereof shall be constructed,
installed and furnished according to the terms of this agreement
and that the Developers shall pay all claims for work done
and materials and supplies furnished for the performance of this
agreement, Developers agree to furnish to the City either a cash
deposit, a corporate surety bond approved by the City and naming the
City as obligee thereunder, or an irrevocable letter of credit approved
by the City in the following amounts, which are equal to 110 percent -
of the total cost of the improvements as estimated by Schoe 1 1 and
Madson, Inc., the City Engineers, as follows:
10. Boulevards and Driveways. The Developers agree to furnish,
construct and install, at Developers' sole expense, the following
improvements for the beneift of each lot within the plat:
a. Boulevard sod, which shall be of uniformly good quality.
b. Driveway surfacing within the public street right of way,
the materials and installation of which shall be approved
by the City engineers.
For the purpose of assuring to the City that the improvements required
by this Paragraph 10 shall be constructed and installed according to
the requirements of this agreement, Developers or their assigns agree
to deposit the sum of $300.00 per lot with the City at the time
application is made for a building permit for each lot. Said deposit
shall be returned to the Developers or their assigns upon approval of
the installations by the City.
11. Erosion Control. Developers, at their expense, shall
provide temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as shall be needed, in the judgment
of the City Engineers, to prevent the washing, flooding, sedimentation
and erosion of lands and roads -within and outside the plat during all
phases of construction, including construction on individual lots.
Developers shall keep all streets within the plat free of all dirt
and debris resulting from construction therein by the Developers,
their agents or assignees.
12. Access. Reasonable access, including temporary grading
and graveling, shall be provided to all occupied residences in the
plat until the streets are accepted by the City.
13. Street Lighting. The expense of furnishing electrical
energy for street lighting purposes -shall be assumed by the City 24
months after the completion of installation -of. the street lighting
system, or after 750 of the building lots have been improved by the
construction of residences thereon, whichever is first to occur.
14. Replacement. All work and materials performed and furnished
hereunder by the Developers, their agents and subcontractors, found
by the City to be defective within one year after acceptance by
the City, shall be replaced by Developers at Developers' sole expense.
- 5-
15. Liability Insurance. The Developers shall take o u t and
maintain during the life of this agreement public liability and property
damage insurance covering personal injury, including death, and
claims for property damage which may arise.out of the Developers'
work or the work of its subcontractors, or by one directly or in-
directly employed by any of them. Limits for bodily injury or death
shall be not .less than.$100,000 for one person and $300,000 for each
accident; limits for property damage shall be not less than $100,000
for each accident. The City shall be named as co-insured on said
policy and the Developers shall file a copy of the insurance coverage
with the City.
16. Water and Sewer Revenues. All water and sanitary sewer
service charges shall at all times be billed by the City and all
revenues derived therefrom shall be the sole property of the City.
17. Conveyance of Improvements. Upon completion of the installatic
by Developers of the improvements set forth in Paragraph 1 hereof
in accordance with the plans and specifications hereunder and the
written approval by the City, the Developers shall convey said
improvements to the City free of all liens and encumbrances and with
warranty of title. Should the developers fail to so convey said
improvements, the same shall become the property of the City without
further notice or action on the part of either party hereto, other
than acceptance by the City.
18. Building Permits. The Building Inspector, upon approval of the
City Manager, shall be authorized to issue building permits for residential construction
upon Lots 6 and 7 within said plat, and, upon completion of the grading and placement
of rock stabilization materials for road construction within said plat, for residential
construction upon Lots 1 through 5 of said plat, upon payment of all fees and charges
applicable to the issuance of permits.
.The occupancy of any structure on Lots 1 through 5 within said plat for residential
purposes shall be prohibited by the City until the bituminous base course of the streets
shall have been completed and municipal sanitary sewer and water lines shall have been
installed and are available to serve the lot for which a building permit shall have been
issued
19. Remedies Upon Default.
a. Assessments. In the event -the Developers shall default
in the performance of any of the covenants and --agreements herein
contained and such default shall not have been cured within ten (10)•
days after receipt by the Developers of written notice thereof, the
City, if it so elects, may cause any of the required improvements
to be constructed and installed, and may cause.the entire cost thereof,
including all reasonable engineering, legal and administrative expense
incurred by the City, to be recovered as a special assessment under
P.S. Chap. 429, in which case the Developers agree to pay the entire
amount of the assessment role pertaining to any such improvement
within thirty (30) days after its adoption. Developers further agree
that in the event of their failure to pay in full any such special
assessment within the time prescribed herein, the City shall have a
specific lien on all of Developers' real property within said plat
for any amount so unpaid, and the City shall have the right to fore-
close said lien in the manner prescribed for the foreclosure of
mechanic's liens under the laws of the State of Minnesota.
b. Performance Bond. In addition to the foregoing the
City may also institute legal action against the Developers and the
corporate surety on their performance bond, or utilize any cash de-
posit made or letter of credit delivered hereunder, to collect, pay or
reimburse the City for the cost of making any of said improvements.
In the event of an emergency, as determined by the City Engineers,
the notice requirements to the Developers shall be and hereby are
waived in their entirety, and the Developers shall reimburse the
City for any expense incurred by the City in remedying the conditions
creating the emergency.
20. Special Conditions.
a. That the developer acknowledges that the subject property
is specially benefitted with trunk and lateral sewer and
water services by the Carver Beach Improvement Project 75-2
and the North Service Area Improvement Project 71-1, and
that the amount of said special benefit for Project 75-2
is $
and for Project 71-1 said special benefit is $.
The developer hereto acknowledges that special benefit is
allocable in seven equal parts to the seven building
sites on the proposed plat.
b. Terms of Payment of Project 75-2'Special Assessments.
The applicants agree that the entire cost of the installation
of Project 75-2 improvements shall be paid by the applicants
to the City as special assessments levied against the property
in the proposed plat benefitted by said public improvements
in twelve equal and annual installments with interest on
unpaid installments at the.rate of 7Zo (seven and one-half
percent) per annum, computed from the date of the
original adoption of the assessment roll of Project 75-2.
In the event that an occupancy permit applied for for any
residential structure constructed upon any lot of the proposed
plat, the payment of the Project-75-2 special assessments
shall be accelerated as provided in Section c; below.
C. Occupancy.Permit Application Accelerates Assessments. No
residential structure in the proposed plat shall be
occupied until the applicants have paid all unpaid special
assessments levied against the lot on which said structure
has been erected. The term "all unpaid special assessments"
shall be deemed to include:
1. Any outstanding and then prevailing city sewer
and water hook up charges for the subject lot.
2. The unpaid balance, including interest accrued as
provided in Chapter 429 of Minnesota Statutes, of
the Project 75-2 special assessments levied against
the subject lot pursuant to said Chapter 429.
3. The unpaid balance, including interest accrued, -as
provided by Chapter 429 of Minnesota Statutes, of the
Project 71-1 special assessments levied against the
subject lot pursuant to said Chapter 429.
d. Terms of Payment of Project 71-1 Special Assessments.
The applicants agree that the entire cost of installation
of Project 71-1 improvements shall be paid by the applicant
to the City as special assessments levied against the
property in the proposed plat benefitted by said public
improvements in -nine (9) equal annual installments with
interest on unpaid installments at the rate of 7% per
annum. In the event that an occupancy permit is applied for
for any residential structure constructed upon any lot in the
proposed plat, the payment of the project 71-1 special
assessments shall be accelerated as provided in Section c,
above.
e. All proposed covenants and restrictions of said plat shall
be approved by the City Attorney.
f• The applicant shall incorporate into the plat to be filed,
and the work to be done, all of the conditions setforth
by the Minnehaha'Creek Watershed District in their letter
of 14arch 19, 1979.
g. Building plans for lots 3, 4, and_5, shall be certified by
a registered architect or engineer.
21. Address of Developers. The address of the Developers for
the purposes of this Development Contract is: 6840 Utica Avenue,
Chanhassen, MN 55317.
22. Successors and Assigns. It is agreed by and between the
parties hereto that the agreement herein contained shall be binding
upon and inure to the benefit of their respective legal representatives,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
William Bracken Ward
Patricia C. War
Frank Beddor, Jr.
Marilyn Beddor
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
By:
Mayor
Attest:
lerk/Manager
On this day of , 1980, before me, a notary
public within and for said County, personally appeared Walter B. Hobbs
and Don Ashworth, to me personally known, who, being each by me duly
sworn, did say that they are respectively the Mayor and City Manager
of the municipal corporation named in the foregoing instrument, and
that said instrument was signed and sealed in behalf of said corporation
by authority of its City Council and said Walter Hobbs and Don Ashworth
acknowledged said instrument to be the free act and deed of said
corporation.
Notary Public ,
STATE OF MINNESTTA )
) ss .
COUNTY OF CARVER )
On this day of 1980, before me, a notary
public within and for said County, personally appeared William Bracken
Ward and Patricia C. Ward, to me known to be the persons described
in, and who executed the foregoing instrument, and acknowledged that
they executed the same as their free act and deed.
Notary Public
e ..
STATE OF P-IINNESOTA
ss_
COUNTY OF CARVER
On this day of , 1980, before me, a notary
public, within and for said County, personally appeared Frank Beddor, Jr,
and Marilyn Beddor, to me known to be the persons described in,
and who executed the foregoing instrument, and acknowledged that they
executed the same as their free act and deed.
Notary Public
EXHIBIT A
That part of Government Lots 1 and 2 and of the Southwest
Quarter of the Northeast Quarter all in Section 2, Township
116 North, Range 23 West of the 5th Principal Meridian
described as follows:
•r
Commencing at the northwest corner of said Government Lot 21
thence on an assumed bearing of South 0 degrees 25 minutes
52 seconds West, along the west line of said Government Lot-
2, a distance of 1137.55 feet; thence South 89 degrees 34
minutes 08 seconds East a distance of 426.52 feet; thence
North 40 degrees 56 minutes 25 seconds East a distance of
340.45 feet, to the point of beginning of the land to be
described; thence South 40 degrees 56 minutes 25 seconds
West a distance of 340.45 feet; thence southeasterly a
distance of 236.30 feet along a curve concave to the north-
east and not tangent to last described line, said curve has
a radius of 954.93 feet, a central angle of 14 degrees 10
minutes 40 seconds, and the chord of said curve bears South
52 degrees 18 minutes 00 seconds East; thence easterly, a
distance of 210.31 feet along a compound curve concave to
the north having a radius of 383.62 feet and a central angle
of 31 degrees 24 minutes- 40 seconds; thence North 89 degrees
12 minutes 00 seconds East, tangent to said curve, a distance
of 389.37 feet; thence North 28 degrees 16 minutes 08 seconds
East a distance of 346.85 feet; thence North 21 degrees 56
minutes 08 seconds East a distance of 384 feet, more or
less, to the shore line of Christmas Lake; thence westerly,
along said shore line to the intersection with a line bearing
North 57 degrees 36 minutes 25} seconds East from the point
of beginning; thence South 57 degrees 36 minutes 25 seconds
West, a distance of 616 feet, more or less, to the point of
beginning.
EXCEPTING THtREFROM THE TWO FOLLOWING PARCELS:
1. All that part of the above described premises lying
within Lot 3, Crane's Vineyard Park.
2. All that part of the above described premises lying
within the property described in Book 60 of Deeds, page
495.
1 -50-
SUBDIVISION PLAN
CASE NO. SUB.
City of Chanhassen
Carver and Hennepin Counties, Minnesota
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application_
Escrow Paid
Received by
Applicant
Date
Name: Korsunsky Krank Erickson Architects, Inc.
Last First Initial
Address: 600 South County Road 18, St. Louis Park, -Minnesota- 55426
Number and Street City State Zip Code
Owner: Ward Wi l l iam Bracken
Last First Initial
Address: 10901 Red Circle Drive_ Minneapolis Minnesota 55433
e
Number and Stret_City State Zip Code
Address of property in question:
1050 Pleasant View Road, Chanhassen, Minnesota
Legal description of property in question:
See attached.
Present zoning of property: R-1
Present use of property: R-1
Proposed use of property: Single family residences
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 Initial
4. Abstractor's Certificate
5. 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.
i, ture-of Applicant
_/
Signature of Owner
/-2`�-��
Date
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
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
Planning Commission Postponed to
-Planning Commission Action
Final Plat on Council Agenda
Council Postponed to
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
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
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a� Z = +7: X: rH C +3 O aq w
0) -P CD >4
Cxrx, o w>,>-�a)aia)Caf=3
0+A .,dam"p O+7 a)rG.ww,Crl t.. C
In C C r-i +3 . P CO 'Cd r4 +3 A t o -4
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ri �.. rd +� O CD ''Q- O 41 N CA ri O rd C H
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a f~ e) rd w;' CO C rl r1 X: rd a) O ca w
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d C Cl +2 C Lr\ t, a at (1) w C) d +1>
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D ]C 4 CD O i C C 'd C E-H O P4 O b7ri
d r-I o I Om a • >; 0 0 ) a4 . D C ID.
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o C+-1 ;4wd rdW CdO4->O C,C
C O f-4 =- 4 a) C= W C O d rt C +3 -
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tno0W CA+� t. a) C d d CD:?w C
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w itrd- C - GO O >H t4* d O O
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