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73-01 Variance 6490 Excelsior Blvd Scanned Planning FileWAP 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 May 28, 1974 Mr. Bernard M. Harroun Attorney at Law 5509 Eden Prairie Road Minnetonka, MN 55343 Dear Mr. Harroun: The City Council reviewed Mr. Ordal's request for a building permit at the regular Council meeting on May 20, 1974. After reviewing the subject case, the City Council denied Mr. Ordal's request for a building permit. I'm enclosing a copy of the Council minutes for your re- view. Sincerely, ouo (J� 0ck_, Lloyd G. Schnelle Clerk -Administrator LGS/Y , Copies to: Mr. Russell Larson, City Attorney Mr. Al Klingelhutz, Mayor Enclosure CHANHASSEN CITY COUNC.-t eUINUTES — May 20p 1974 h rage 4 LAKE LUCY ROAD CONIT: Lloyd Schnelle, City Administrator, will set up a c ttee to walk is proposed corridor and Frank Laska Will clarify costs of the project before a public hearing is not up. STORM SEWER IMPROVEMEWS: This hatter was aISCUSS80 aL me Slay or 1709 %-VUUaJ.d. mtl 16J611f 4Y7 Industrial Commission in December of 1973 and May of 1974. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to call for a public hearing on streets and storm sewer on June 17, 1974 in Frontier Development Park, The following voted in favor thereof: Mayor xiingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. RICHARD ORDAL: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to deny Mr. Richard Ordal a building permit to construct a house at the following location: SE14 of the NWk Section 26, Towaship 116 Range 23W. The denial of this building permit was based on the follow- ing documented material: 1. Park and Recreation Commission minutes dated August 14, 1973 2. Schoell and Madson°s (City Engineers) letter dated August 20, 1973 3. Mr. Adolph Tessness°s letter (Zoning Administrator) dated May 9, 1973 4. Planning Commission minutes dated February 13, 1974 S. non Berg's report on soil conditions It was further directed that the City Clerk -Administrator inform Mr. Haur,-xxn and Mr. Ordal of the above action. The following voted in favor thereof: Mayor Klingelhutz, Councilmen eennyhoff, Hobbs. Kurvers and Neveaux. No negative votes. Motion carried. SPECIAL MSET:NG: A motion was made by Councilman Hobbs and seconded by ounc ers to hold a special Council meeting on May 28, 1974. The following voted in favor. thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers end Neveaux. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seoGaded Neveaux to adjourn the meeting. The following voted in Mayor Rlingelhutz, Councilmen Bennyhoff, Hobbs, Eurvers No negative votes. Motion carried. TIME: 12:10 a.m. Sharon Loechler Secretary by Councilman favor thereof: and Neveaux. LAW OFFICES OF SRENNER AND HARROUN HUGH L. BRENNER BERNARD M.HARROUN December 21, 1973 Mr. Lloyd G. Schnelle Clerk -Administrator Village of Chanhassen 7610 Laredo Drive, P O Box 147 Chanhassen, Minnesota 55317 TELEPHONE 935-3404 5509 EDEN PRAIRIE ROAD MINNETONKA, MINNESOTA 55343 Re: Ordal Variance Application Dear Mr. Schnelle: You indicated to me the other day that because of change in the Village admini- stration you felt it would be preferable that this matter be set over for some date after the first of the year. I would appreciate it if you would advise me of the date on which you will schedule this before the Council so that I may advise my people accordingly. Yours very truly, BARIA HARROUN BMH/gsr CC: Richard Ordal Mr. and Mrs. Gilbert Laurent bet tft m, November 19, 1973 Mr. Bernard M. Harroun Attorney At Law 5509 Eden Prairie Road Minnetonka, MN 55343 Dear Mr. Harroun: I'm sorry about the delay in getting the enclosed material mailed to you. Further, I would like to set up the next meeting with you at our December 1-7j 1973 Council meeting. If you have any further questions, please call me. Sineerely yours, Lloyd G. Schnelle Clerk -Administrator LGS:k Enclosures r 5 CHANHASSEN VILLAGE COUNCIL MINUTES - Ocotber 29, 1973 -3- FIRE DEPT. CHECK: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to issue a check to the Fire Dept. in the amount of $4,121.62. The following voted in favor thereof: Mayor Klingelhutz, _ Councilmen Bennyhoff, Kurvers and Neils. No negative votes. Motion carried BUESGENS OFFICE PARK PROJECT 73-10: A motion was made by Councilman Kurvers and seconded by Councilman Neils to approve resolution 1029732 instructing the Village Engineer to prepare detailed plans and specification and acquire the necessary easements for Buesgens Office Park Project 73-10. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and Neils. No negative votes. Motion carried. A motion was made by Councilman Neils and seconded by Councilman Bennyhoff to table any action on accepting or rejecting the bids on project 73-10 until November 5, 1973. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and Neils. No negatiove votes. Motion carried. GREAT PLAINS BLVD. PROJECT 73-4: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to approve resolution 1029733 entitled Adoption of Assessment Role for Street Improvement Project 73-4 as pre- sented by the Village Engineer. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and Neils. No negative votes. Motion carried. — A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to set the years of payment on Project 73-4 at 10 years with 7% interest. The following voted in favor thereof; Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and Neils. No negative votes. Motion carried. All persons in regards to this project should be notified by the Village that the assessment rolls have been adopted. RICHARD ORDAL: Mr. Ordal and his attorney were present to inquire about the problems in getting a building permit. The Village Attorney read the recommendation made by the Park and Recreation Commission from August 11, 1973 minutes. The recommendation from the Board of Adjustments and Appeals was also read. The Village Clerk will send all availarle information regarding this matter to Mr. Ordahl and his attorney, at which time the Village Council and Mr. Ordal and his attorney will meet to discuss the matter. MINNEWASHTA HEIGHTS STORM SEWER: Mr. Hud Hallenback and Mr. Richard Dutcher were present representing Minnewashta Heights. Bill Brezinsky bill bring all alternatives in by November 5, 1973 so a decision can be made on the project. SNOW PLOW: Henry Wrase was present requesting a 71 foot reversible snow {) plow for cul-de-sacs. Discussion followed. Action will be taken on November 5, 1973. F3 Application for Building Permit VILLAGE OF CHANHASSEN Date `% - / " 7&-' Application for Building Permit To the Common Council of the Village of Chanhassen, Minnesota: The undersigned property owner hereby applies for a permit to: j} n v_"" ex. k/t (9tt.4¢. (build, construct, add to, install) alter, remodel, repair, replace) move, raze, dismantel) Estimated Value: 35 O 0, ZxD A building or structure described as follows Kind of construction _5 U � SA-" Aic""n& Front or width � I feet; Side or length feet; I Height to feet; Number of Stories Floor area \S00 square feet; Volume v cubic feet 2. and said building or structuretobe used for: (check one) one family dwelling ✓ two family dwelling multiple dwelling if so, number of units Commercial use Describe ac tivity Industrial use Describe ac Other use Describe ac tivity 3. said building or structure to be placed upon that certain tract of land described as follows: w Lot Number N�,y Z2 Block Number , Plat or addition N/'9 S� `� rro]d1by�d(c �� /Ia3 W 4. and said building, structure, or project to be inspected and aheck nel City Building Official V No inspection required 5. and said building to be known as, or to become a part of that parcel known as StreetlAvenue. in said City of Chanhassen and the undersigned owner of said property hereby agrees that in the event such permit is granted, that all work shall be done and the materials which will be used shall comply with the plans and specifications therefor and submitted herewith as a part of this application for permit, and with all the Ordinances and laws of said Village which are applicable thereto, and that all performance standards imposed by law in the use thereof shall be observed. September 10, 1973 Common Council Village of Chanhassen Chanhassen, Minnesota Dear Sirs: I hereby am submitting an application for a building permit. Enclosed is a check for the permit fee. Assuming that the application is in correct order, I would appreciate a written acknowledgment within ten days. I would appreciate prompt action on this application. Sincerely, /j, Richard hi. Ordal RTu,1O : CIH September 1 , 1973 Common Council Village of Chanhassen Chanhassen, i 'linnes to Dear Sirs: I hereby am submitting an a plication for a build.inrr, permit. Pnclosed is a check for the permit fee. Assuming that the application is in correct order: I would appreciate a urritten acknowledgment within ten days. I would appreciate prompt action on th ",incerely Richard Ordal 1 application. WILLIAM D. SCHOELL CARLISLE MAOSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. SREZINSKY JACK E. GILL FRANK V. LASKA KENNETH W. MILLER Mr. Russell H. Larson Village Attorney Chanhassen, Minnesota Dear Russ: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 August 20, 1973 55317 Subject: Ordal Variance Application In regard to the Ordahl application, we have shown on the attached sketch the location of his proposed building with re- lation to Bluff Creek. It appears that he will be well within the 200-foot wide suggested "Conservation Area" as recommended in the Nason, Wehr- man, Knight and Chapman, Inc. map showing the Generalized Guide Plan, and the similar strip noted "Surface Water Resources" on the Brauer plan (neither report is dated). Lacking anything more definite, we suggest that you refuse the building permit on the above criteria. However, in justice to land owners in these conservation areas, the exact boundaries probably should be more definitely defined. It is hard to pre- dict a cost for such a study, but we believe that a set of half section maps might be utilized, and a minimum of field work done. WDSchoell:sd Very truly yours, VILLAGE ENGINEER Park and Recreation Commission August 14, 1973 Village hall The special Park and Recreation Commission meeting was called to order on August 14, 1973 at 8:00 p.m. in the Village Hall. The following members were present: Arnie ti:eiemerskirch, Chuck Hirt, Vivian Beaugrand and Rich Lyman. Denis Stedman, Dave Wilson and Ken Pung were absent. R?CHARD ORDAL: A motion was made by Rich Lyman and seconded by Chuck Hirt that the Park and Recreation Commission recommends to the Board of Adjustments and Appeals deny Richard Ordal°s request for a variance from Section lad of Ordinance 047. The proposed residence is within the Bluff Creek Flood Plain. Also it would break the con- tinuity of the Bluff Creek greenway corridor as shown on the Generalized Guide Plan. Motion carried. BUDGET: Kay Klingelhutz, Village Treasurer was present to discuss the Budget. Meeting'Adjourned. -J , a SILBERT P U ®a $5,P104 "Dra(a'41 {rR C4(- fer- _Oar- s 0" rav-v'e y E. CHRI'. "oo, o > q SCHOELL & MAQSON, INC. �. 9 � 4 •+r1 ENGINEERS 9 SURVEYORS '. S? C 50 NINTH AVENUE SOUTH HOPKINS, MINNEF:?TA 55343 m ,tea A W u G 2 u 1913 WE -o_ ee 4� 3OA3D OF ADJUSTMENTS AND APPZALS - July 21, 1973 The meeting of the Board of Adjustments and Appeals was called to order at 9z40 A.M. Saturday, July 21, 1973. Present were Nick Waritz, Dean Scheff and Anne Neils. JAMES BIXLER presented his request for a variance from Sec. 7,05 0£ Ordinance #47. Discussion followed. A motion was made by Dean Scheff and seconded by Nick Waritz to re- commend the granting of a variance of 5 ft. front yard and 15 ft. rear yard. The strict enforcement of the ordinance would not allow the most desirable location for the house to be utilized. The property abuts a cul-de-sac and the proposed house location conforms with others in the area. The following voted in favor thereofz Waritz, Scheff and Neils. RICHARD ORDAL was present requesting a variance from Sec. 18 0f Ordinance #47. He would also need a variance from Sec. 7.05 of Ordin- ance #47. He proposes to locate his drainfield on property which he does not -own. The site is in the proposed Highway #212 corridor and also in the Generalized Guide Plan green -way area. Mro Ordal's re- quest should be presented to the Planning Commission and the Park and Recreation Commission before it is acted tpon by the Board of Adjust- mants and Appeals. TIMOTHY STONE was present requesting a variance from Sec. 7.05 of Ordinance #47. Discussion followed. A motion was made by Anne Neils and seconded by Nick Waritz to re- commend the granting of a 13' 1" front yard and a 7' side yard variance for a garage. A 40' road easement on the south side of the property is a proposed walkway in the Carver Beach Study. The eastern part of the property is steep slpoe and unbuidable. The geography, lot size* tree location and configura$ion of the existing house will not permit the garage to be built in strict compliance with the ordinance. The follow- ing voted in favor thereofz Scheff, Waritz and Neils. The meeting was adjourned at 11z20. VILLAGE OF CHANHASSEN NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENTS AND APPEALS An appeal has Leen filed with the Zoning Administrator for variance of Zoning Ordinance No. 47. The Board of Adjustments and Appeals will conduct a hearing of this appeal on July 21, 1973 1 10:00 a.m. , at the Village Hall. APPLICANT: Mr. Richard Ordal PLANS: Wilabert Laurent J� "Chaska, MN 55318ie1 }, • i. ..{0,4`2 it A rvi 6 V 'y Bluff Creek Golf Course'a Chaska, MN 55318 Rural Route _ ^J Mr. Alfred Jacques��� Rural Route Chaska, MN 55318! �a Mr. Richard Ordal 6490 Excelsior Blvd. Minneapolis, MN 55426 *a ro r — ' v t e a Vll;.LACF OF t"t:V+HA=SEN APPLICATION rOiRVARTANCE Date Fee Paid 3S,Oc� Hearing Set For <�I,,A_` Applicnt Address Legal description of property �� c` Zio`� za^-- Variance requested from Ordinance $�� s�cyI From which section of the Orri' ce dv y®u seek a vatianceZ�� -- S�eT�on1 i�,C�I-� I� f �ri�ar.uire� ai' Appilicant _.�__. _ Appl:.cation should be supplemented with maps, plans or u her additional data which may ald YhEs in the ana,.ysis :-)f Lhr. proposed project SCsca+s-s 1.70 FILE CODE CONS-14.5 INVENTORY & EVALUATION U. S. DEPARTMENT OF AwdILTURE SOIL CONSERVATION SERVICE UNIT OF GOVERNMENT REQUESTED BY rs1A w SableAk LOCATION-Chsnhaesea- ASSISTED BY Don Berg DATE June 20F 1973 SITUATION: Richard Or4all has requested construct a house-: on a 3.22 acre a building Permit to site located in the BE k of the t�W Section 26, Township 116N, Range 23M. This site is located on the steeply sloping Hayden soil adjacent to the flood plain of Bluff Creek. The creek flows through the center of the propety. The elopes range from 12 to 401. The area is presently well I vegetated in grass and trees. SUGGESTED SOLUTION(S):—Construction of_a functional septic tank and drain field that will be a minimum of 125 fat away from the creek and off the steep slopes will be next to impossible. rlooding along Bluff Creek is a common problem during the Spring runoff and after extensive rain of long duration. If the vegetation is removed from the steep slopes, soil erosion and sediment deposition will be a severe problem. Additional 1And should be purchased which will accomodate a house, garage, and drain field. * Circle appropriate category. '8 MEMO VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • May 9, 1973 Richard Ordal 6490 Excelsior Blvd. Minneapolis, Minnesota 55426 Re: Site review of your property . on County Road 014 Dear Mr. Ordal; Upon review of your property, which is located in a F-1 Flood Plain & Watercourse District, I've found the (612) 474-8885 following conditions; steep slopes which would cause an erosion problem and the proposed location of your house which would be susceptible to flood water inundation. Ordinance No. 47, Section 18, F-1 Flood Plain & Water- course District, does not allow the use of land zoned into this district for the building of homes. You would have to apply for a variance request before the Board of Adjustments and Appeals to be able to build on this land. My recommendation, as zoning Administrator, to the Board of Adjustments and Appeals would be denial of any variance request of this nature because of the hazards of soil erosion and flooding. Also under the provisions of Ordinance No. 33, Subdivison Ordinance of the Village of Chanhassen, Section 3: The Village Council shall serve as the Platting 1` Authority of the Village in accordance with Minnesota Laws of 1965, Chapter 670 (Minnesota i Statute Sec. 462.358). No plat, replat, sub- division of land or registered survey shall be filed or accepted for filing by the Registrar of Titles or Register of Deeds of Carver or Hennepin Counties unless it is accompanied by a certified copy of a resolution adopted by the affirmative vote of a majority of the members of the Village Council approving such plat, replat, subdivision of land or registered land survey. Ordinance Nc.. 33 stipulates that this 1.,.id must be approved for subdivision by the Village Council before it will be accepted for filing by the Register of Deeds in Carver County. The land that you purchased has to go through subdivision proceedings before you can apply for a variance request from Zoning Ordinance No. 47. If there are any questions concerning this letter please call me at 474-8885. Sincerely yours, N� Adolph Tessness Zoning Administrator AT/bb CC; Anne Neils N •i F. C. JACKSON LAND SURVEYOR REGISTERED UNDER LAWS OF STATE OF MINNESOTA r LICENSEO BY ORDINANCE OF CITY OF MINNEAPOCIS 3616 EAST 55TN STREET *urbepor'g Certificate PA. 4-4681 gip,' ✓ _� i I ,Y C I hereby certify that this is a true and correct plat Df a survey of: That part of the East 1/2 of the Northwest 1/4 of Section 26, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the Southeast corner of said East 1/2; thence North 0200'30"West, assumed bearing, along the east line of said East 1/2 a distance of 178.99 feet;thence North 68217'Weet a distance of 463.20 feet; thence North 80237'Weat a distance of 366.30 feet to the actual point of beginning; thence continuing North 80237''West a distance of 190.0 feet; thence South 17213'West a distance of 252.60 feet; thence North 84447'6est a distance of 268.25 feet,more or less, to the west line of said East 1/2; thence South 0218'27"East along said west line 208.24 feet,more or less, to the Southwest corner of said East 1/2;thence South 89218'27"East along the, -south line of said East 1/2 a distance of 462.23 feet,more or lesa,to its iTfEe ection ;th aline eating Spurn 9°_3'west from the point of beginning;thence North 9 23'E [ a distance of 405.16 feet,more or less, to the point of beginning. Subject to County Road No.14 SIGNED__ over the most northerly 33 feet thereof. F. C.TKSON. MINNESOTA,R ISTRATION. No. 3600 Tne above described tract of land contains Dated this 319f sy of August A,D.1972 3.22 acres, more or leas.