75-01 Variance 3715 South Cedar Drive Scanned Planning File,,job-UTION p.
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1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTA 55317e(612) 474-8885
DATE: April 14, 1975
FROM: Frank Kurvers
Board of Adjustments and Appeals
TO: City Council
SUBJ: Richard B. Anding Application for Variance.
HEARING: April 10, 1975 on site
MEMBERS PRESENT: Willard Johnson, Dean Scheff, Frank Kurvers
Recommendation.
A motion was made by Dean Scheff and seconded by Willard
Johnson that we allow the requested variance because that the
granting of the application will not be materially detrimental
to the public welfare or injurious to property in the area
adjacent to the property for which the variance is sought.
Motion unanimously approved.
HANBASSEN
VILLAGE
7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885
MEMORANDUM
DATE: March 14, 1975
FROM: City Planner
TO: Board of Adjustments and Appeals
SUBJ: Richard Anding Variance Request
REF: City Ordinance #47, Section 22, Subsection 22.02
Background:
Location of Property Under Construction:
3715 South Cedar Drive
Red Cedar Point
Chanhassen, Minnesota
Existing Zoning is R-1 Single Family.
Petitioner requests a front yard variance.
See attached petitioner's application.
Planner's Comments.
1. Pursuant to City Ordinance #47, Section 22, Subsection 22.02,
the Board of Adjustments and Appeals have the following duties:
"To hear requests for variances from the literal
provisions of the ordinance in instances where their
strict enforcement would cause hardship because of
circumstances unique to the individual property
under consideration.
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Board of Adjustments and Appeals
Page 2
The Board of Adjustments and Appeals shall not recommend, and the
Council shall not grant, a variance unless they find the following
facts:
a. That there are special circumstances or conditions
affecting the land, building or use referred to in the
application for the variance.
b. That the granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
C. That the granting of the application will not
be materially detrimental to the public welfare or
injurious to property in the area adjacent to the
property for which the variance is sought.
d. That the grant of the variance will be in.
keeping
with the spirit and intent of this ordinance.
The Board of Adjustments and Appeals in recommending, and the
Council in granting, a variance may impose conditions to insure com-
pliance and to protect adjacent properties. The Board of Adjustments
and Appeals and the Council shall not permit as a variance any use
that is not permitted under this ordinance for property in the
zoning district where the land which is the subject of the variance
application is located."
2. A general land use plan for Red Cedar Point has been developed
and adopted by the City Council to guide all land use decisions in
the study area. On page 3 of the report specific reference is made
to "substandard" rights -of -way in the Red Cedar Point area.
The report states:
"All roads should be improved for safety (paved,
adequate width, curbing where needed for proper
drainage, and the like). It is not, however,
considered necessary to construct or reconstruct
roads to a standard cross-section (width) standard
employed in new areas of the Village. The somewhat
narrow and confining nature of the street system at
Red Cedar Point is characteristic of the environment
and may be preserved consistent with safety and
winter travel needs."
With this in mind, the existing 30 foot right -a -way width of
South Cedar Drive appearts to be adequate, and future right -a -way
acquisition would not be needed. However, the inherent problems
associated with restricted right-of-way widths is snow storage and
other matters during winter months. This issue may or may not
be a problem depending upon the City Engineer's interpretation.
Board of Adjustments and Appeals
Page 3
3. From a planning point of view, I feel that the requested
variance would be in keeping with intent and purpose of the City Plan
and Zoning Ordinance. Further, said variance would not materially
be a detriment to the general public because numerous examples
of the same garage relationship to South Cedar Drive presently
existing in the immediate area.
Planner's Recommendation:
Approval of said variance conditioned upon the City Engineer
recommendation as to future right-of-way acqusitions and upgrading
of South Cedar Drive.
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
Barry Brooks
being first duly sworn, on oath deposes
and says that he is and was on March 4 , 1975 , 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
Board of Adjustments and Appeals Hearing for Richard B. Anding inthe
City to the persons named on attached Exhibit "A", by enclosing a copy of said
notice in an envelope addressed to such owner, and depositing the envelopes
addressed to all such owners in the United States mails with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer of Carver County, Minnesota, and by other
appropriate records.
Subscribed and sworn to before me
this 4th day of - March , 1974.
Public
�GreJ G=� y
Excelsior, MN D- -
_ 5
Earl Lund
3711 South Cedar Drive
Excelsior, MN 55331
David Hempel
3707 South Cedar Drive
Excelsior, MN 55331
Andrew Jensen
3705 South Cedar Drive
Excelsior, MN 55331
Basil Bastian
3719 South Cedar Drive
Excelsior, MN 55331
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Thomas W. Herberg
3725 South Cedar Drive
Excelsior, MN55331
' Gregory Dummer
7201 Juniper
Excelsior, MN 55331
Mr. Frank Kurvers
Rt. 4 Box 510
7220 Chanhassen Road
Excelsior, MN 55331
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Mr. Dean Scheff
Rt. 3 Box 29
Chaska, MN 55318•
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Mr. Tom Gabbert
3421 Shore Drive
Excelsior, MN 55331
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��ease
VILLAGE OF CHANHASSEN
APPLICATION FOR VARIANCE
Applicant Richard B. Anding
Address 3715 South Cedar Drive
Date Filed February 12, 1975
Fee Paid
Hearing Set For 1975
6:30 p.m. on the site
Phone 474-4211
Excelsior, MN 55331
Legal description of property_q_Lots 27 and 28 Block 4
Red Cedar Point
Variance requested from Ordinance # 47
From which section of the Ordinance do you seek a variance?
7.05 Subsection 2 Front Yard Regulations
Why? There shall be a front yard having a depth of not less
than 30 feet.
I am requesting a variance of 20 feet so that I can move
the garage closer to the road which would nut me 10 feet off
of the front property line.
Signature of Applicant
Application should be supplemented with maps, plans or other
additional data which may aid the Board of Adjustments and_?�ppeals
in the analysis of the proposed project- All interested persons
may appear and be heard at this hearing.
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