75-2 - Murray Hill 2nd Add SUB pt 1CITY OF ,..y
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
May 20, 1983
Mr. James D. MacKinnon
MacKinnon, Standke & Greene
19400 Highway 7
Excelsior, MN 55331
Dear Mr. MacKinnon:
Attached is a revised copy of the Murray Hill Second Addition
development contract as per our discussions of May 18. Should
you have any questions or wish to review any items further, please
let me know.
Sincerely,
William Monk
City Engineer
WM:k
Enclosure
f
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402
CRAIG M. MERTZ
OF COUNSEL June 20, 1978
HARVEY E. SKAAR
MARK C. McCULLOUGH
Bob Waibel
Chanhassen Planning Department
Box 147
Chanhassen, MN 55317
Dear Bob:
TELEPHONE
(612)i . 335-9565
Re: Eggum Replat of Lots 17 and 18,
Murray Hill
Attached please find the title opinion of June 19, 1978 given by
Attorney Louis B. Oberhauser concerning Lots 17 and 18 of Murray
Hill. I find this opinion to be acceptable, and the proper City
officials may now sign the hard shell if the Cranbrooks and Eggum
have signed.
RHL:mep
Enc1.
�We'j y truly y firs ,
`RUSSELL H. LARSON
Chanhassen City Attorney
s dUl 1978
V'Uc 4� OltD
�A�HA
O �NEILL J. GRATHWOL
1905 - 197a
RAYMOND C. PLOET7
JAMES N. GRATHWOL
LOUIS B. ONERHAUt ER
G A R Y A. T H O M P S O N
ROBERT K. RANDAL.L
JOANNE THATCHER SWAN501
June 19, 1978
City of Chanhassen
Chanhassen,
Minnesota
GRATHWOL, PLOETZ, OBERHAUSER 8L THOMPSON
ATTORNEYS AND COUNSELORS AT LAW
1421 E.WAYZATA BOULEVARD -SUITE 210
Re: Our File 5420-4
WAYZATA, MINNESOTA 55391
(612) 475 2401
Pursuant to our request, we have examined the title to the premises situated in Carver
County, Minnesota, described as follows:
DESCRIPTION: Lots Seventeen (17) and Eighteen (18), Murray Hill, According to
the map or plat thereof on file and of record in the office of the
Register of Deeds in and for Carver County, Minnesota.
This examination was based upon an Abstract of Title to said land last certified to
on June 5, 1978, by Valley Abstract & Title Service, Inc., and from such examination
we are of the opinion and find that on said last named date, George J. Cranbrook, Jr.
and Ruth E. Cranbrook, formerly husband and wife but now divorced, were the owners of
a good and marketable title, in fee simple to said land, free and clear of all encumbrances
except the following:
1. Taxes. Last half of taxes for the year 1978 are due and payable in the sum
of $1,112.18. Taxes for 1977 and prior years are paid in full. Base tax is $1,113.04.
2. Judgment and Decree. Subject to a Judgment and Decree of marriage dissolution
dated July 18, 1975, and filed for record October 3, 1975, in Book 24 of Miscellaneous,
page 294 which.provides that the s-ale proceeds should be divided 75% to Ruth E. Cranbrook
and 25% to George J. Cranb.rook.
3. Other parties of interest. Lester A. Parsons and Diane R. Parsons were pur-
chasers under an unrecorded Contract for Deed from fee owners dated April 1, 1976.
The interest of Lester A. Parsons and Diane R. Parsons was acquired by Marvel G. Eggum
by a unrecorded assignment dated May 12, 1978, copies of Contract for Deed and
Assignment are hereto attached.
4. This opinion is given for the purpose of establishing the name of the parties
City of Chanhassen
June 19, 1978
LOUIS B. OBERHAUSER, Esq.
Page 2
of interest who are required to sign plat as owners and encumbrancers.
5. Such ownership is subject to the following:
a. Rights, if any, of the parties in possession other than said owner;
b. Mechanic's lien rights, if any, for recent improvements upon said
premises or property connected therewith;
C. Special assessments, if any, which may be levied upon said premises;
d. Public zoning, building or environmental ordinances and regulations;
e. Matters which an accurate survey of the property would disclose;
LOUIS B. OBERHAUSER
LBO:vl
CITYOF �
HASHASSEN
7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: April 12, 1978
t�
S
T
TO: Don Ashworth, City Manager
FROM: Bruce Pankonin, City Planner
SUBJ: Replat of Lots 17 and 18, Murray Hill Addition
APPLICANT: Marvel Eggum
PLANNING CASE: P-068
Background
Action 6y City Administrator
]Endorsed �
Modified—
£e;ected—
pate Sa�sr. d to
Dale 7;o/: �( ,p:; cil
—V�--�—�
The city council, pursuant to Mr. Eggum's request, acted to table
discussion of this item until the April 17, 1978, city council meeting.
Petition
As shown in the attached, Mr. Eggum redesigned the subdivision of
the subject property to contain five residential building sites.
Planner's Recommendation
I believe Mr. Eggum's proposed resubdivision of lots 17 and 18, Murray
Hill Addition, are consistent with the spirit and intent of the city's
plan for land use, transportation, utilities and zoning. Further,
I believe Mr. Eggum meets or exceeds the dimensional requirements
for R-1 lots as specified in the Chanhassen zoning ordinance and I
therefore recommend the city council duly approve Mr. Eggum's proposed
resubdivision of the subject property provided:
1. Mr. Eggum realizes that additional assessments will be
levied against the subject property as specified in the city engineer's
report.
2. The applicant be obligated to prepare a final plat pursuant
to the Chanhassen Subdivision Ordinance.
3. Mr. Eggum forward an abstract of property title to be reviewed
and approved by city attorney, Russ Larson.
Council Meeting March, 20., 197.8 -2-
development concept .should .be .further. explo3 egd is a part of completion
of the Comprehensive Plan, In,reviewtng'the.various state.laws,
Planning-Commissign.recommendation and public input,.the council -,
basically agreed with the recommendation of the Planning Commission,
but believes the state law to be too.restrictive in not allowing
a variance procedure.for developments meeting reasonable development
criteria and not in,conflict,with philosophies presented by the
Planning Commission. The engineer was.instructed to develop a
proposed septic ordinance amendment.
Councilman Neveau.-� moved to table action and direct the Planning
Commission to suggest types'of controls for estate type developments
(conditional use permit, stricter septic regulations, certain
number of building.permits per section in'the unsewered area, etc.).
Motion seconded'by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative
votes- Motion carried..,
BILLS: Councilman Neveaux;moved to,approve the March 20, 1978,
5T11 as submitted. Motion seconded by Councilman Waritz. The
following voted in favor: Mayor_Hobbs, Councilmen Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
CLOSED FINANCIAL ACCOUNTS:
RESOLUTION - ouncilman Neveaux moved the adoption of a
resolution closing the financial accounts and making certain
transfers of funds in regard to the bond issue funding of the City
of Chanhassen as presented with the cover letter from the City
Manager dated March 20, 1978. Resolution seconded by -Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
CONDITIONAL USE AND VARIANCE ACCOUNTS: The Council asked for a
breakdown of the fees c arge to in 1viduals requesting a conditional
use permit or variance.
Councilman Neveaux moved to transfer $6,270.86 from the General Fund
into Conditional Use and Variance Accounts. These accounts will stay
open as accounts receivable. Motion seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Waritz.. No negative votes. Motion carried.
The City Attorney suggested an ordinance amendment to provide that
in the event that these deposits are not paid.or expenses are not
paid they can be assessed as a special assessment and collectable
with taxes.
MARVEL EGGUM SUBDIVISION: Mr. Eggum was present requesting approval
to su ivi a existing Lots 17 and.18, Murray Hill into six residential
lots. Several neighbors were present objecting:to the subdivision.
The Planning Commission held.,a public hearing and recommended
approval. The neighbors generally felt.they would feel more
comfortable with five lots instead of.six as proposed.
Mr. Eggum requested that the Council table action on this so that
he can.review the assessments..
Council Meeting March 20, 1978 -3-
Councilman Neveaux moved to -table action until Mr. Eggum requests this
be placed on the Council agenda. Motion seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
LOT SPLIT' RO'Y TEICH: Roy Teich was present requesting approval to
divide five acres o is property along.Lakota Lane by metes and
bounds. The Planning Commission recommended approval provided no
building permits for residential purposes be issued until sanitary
sewer and water is in service to the property.
RESOLUTION #78-15: Councilman Neveaux moved the adoption of a resolution
allowing Mr. Teich to transfer the title of the subject five acres
as shown in the exhibit dated February 22, 1978, from Valley
Engineering Company with the additional stipulation that no residential
building permit be issued to the subject property until sanitary sewer
and water is in service or other methods of acceptable sewer service
are approved by the city. Resolution seconded by Councilman Waritz.
The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
A copy of this resolution will be sent to the new owner.
VALHALLA STREET VACATION: James O'Brian and Wilfred Goran were present
requesting the city vacate Valhalla on the north end of Lotus Lake.
Phyllis Pope and Pat Boyle, Park and Recreation Commission, were
present requesting that this proposal be sent to the Park and Recreation
Commission prior to a public hearing so that they can make a
recommendation.
Councilman Neveaux moved to table action until the first meeting in
May. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No
negative votes. Motion carried.
PRELIMINARY DEVELOPMENT PLAN - MTS: Paul Strand and Fred Richter
were present to discuss the proposed development to be located east
of Chanhassen Estates in Hennepin County. They are proposing a 160,000
square foot office/electronics manufacturing facility (1st phase).
The Planning Commission held a public hearing on the proposal and
recommended approval provided adequate access in accordance with
the standards of the BRW Traffic Study is provided to the property.
Councilman Neveaux moved to approve the preliminary development plan
Phase 1 as presented this evening and instruct the developer to proceed
with final plans incorporating the utility plan consistent with the
city engineer's standards, a transportation plan consistent with
the provisions outlined in the BRW report, a drainage plan consistent
with the standards of the Riley -Purgatory Creek Watershed District,
a conservation plan consistent with soil conservation practices that
is required by the Carver County Soil Conservation Service and an
open space plan which will dedicate the east and west slope of the
drainage swale located in the southwest corner of the subject property
to the City of Chanhassen. Motion seconded.by.Councilman Geving. The
following voted in favor:. Mayor Hobbs, Councilmen Neveaux, Geving,
and Waritz. No negative votes. Motion carried.
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
p,tion bi� C�:,, x. �,,trr-;tnitnll
PLANNING REPORT
DATE: March 13, 1978
TO: City Manager, Don Ashworth
FROM: City Planner, Bruce Pankonin
SUBJ: Replat of Lots 17 and 18, Murray Hill Addition
APPLICANT: Marvel Eggum
PLANNING CASE: P-068
Uat-i i-i nn
As shown in enclosures 1 - 8, the applicant, Marvel Eggum, is proposing
to rearrange (replat) lots 17 and 18, Murray Hill Addition into six (6)
residential building sites.
Background
1. Community Location: As generally shown in enclosure 1 and more
specifically identified in enclosure 2, the subject property is two
residential lots located in the Murray Hill Addition of the community.
2. Existing Zoning: The subject property and environs are zoned R-1,
Single Family Residential. Within said R-1 use district, lots that are
proposed to be created must average 15,000 square feet in area, have
90 feet of frontage on a platted street for interior lots and 105 feet
of frontage for corner lots.
3. Comprehensive Plan Proposal:
a. Land Use: Pursuant to the city's plan for land use, the
subject property and environs are to assume a low density single family
residential identity.
b. Transportation: Melody Hill Road and Hummingbird Road, which
form the subject property's southern and eastern boarder, respectively,
are currently upgraded to city standards and willfunction as local
access roadways.
Mr. Don Ashworth -2-
March 13, .1978
4. Utilities: As shown in the city engineer's report, enclosure 5,
sanitary sewer and water lateral service is available to the subject
property.
5. Authority to Plat: The authority to replat Lots 17 and 18, Murray
Hill Addition is found is city ordinance 33.
6. Public Hearing Required: Pursuant to city ordinance 33, section
6.01, the planning commission held one public hearing on January 11,
1978, to test neighborhood sentiment regarding Mr. Eggum's proposed
subdivision of land. Notice of said hearing was duly published in the
Carver County Herald on December 21, 1977, and duly mailed to adjacent
property owners within 350 feet of the subject property on January 3,
1978.
7. Preliminary Plat Requirements: City ordinance 33, Section 7,
outlines the data necessary for consideration of preliminary plat.
Since the subject property is a rearrangement of existing platted lots,
it is not necessary for the developer to provide complete topographic
data of the proposed subdivision because the developer will not be
installing any municipal roads or utilities and local drainage is known
to the city engineer. This being the case, the planning commission
waived subsection (h) of section 7.01, city ordinance 33.
Planner's Comments
1. The criteria for evaluating Mr. Eggum's subdivision request is
found in the Chanhassen City Plan, zoning ordinance and subdivision
regulations. All lots that are proposed to be created meet or exceed
the minimum square footage requirements of city ordinance 47. The
city streets, which form the subject property's eastern and southern
borders, have been built to final urban sections, no additional right
of way will be required as part of this subdivision consideration.
2. In areas of the community served by public water and sanitary
sewer systems, the maximum number of lots to be permitted in a plat
should be computed by subtracting from the total gross area of the plat
the total dedicated street right of way and dividing the area remaining
after said subtraction by 15,000 to determine the maximum number of
lots permitted in said plat. In no event shall a lot contain less than
11,700 square feet nor have frontage less than 90 feet at the building
setback line. Considering the city subdivision ordinance, the plat
as proposed by Marvel Eggum, meets or exceeds the minimum require-
ments of the city's zoning and subdivision ordinance as to lot dimensions
and area.
3. As shown in the public hearing minutes, enclosure 7,and resident's
petition, enclosure 6, numerous inquiries have been voiced regarding
the subdivision of the subject property. The vast majority of local
concerns are centered around the fact that the immediate area (Murray
Hill Addition) has "inordinately" large single family lots (+2 acres),
which have been served by sanitary sewer and water. Notwithstanding
the fact that the general area has an "estate" type character, the
criteria for evaluating any subdivision request is the city zoning
ordinance. As noted above, the developer is meeting or exceeding the
city's minimum standards for subdivision in the Murray Hill area. In
addition, the city recently installed sanitary sewer to the Murray Hill
Addition. This public improvement project 71-1, was predicated or
Mr. Don Ashworth -3- March 13, 1978
premised upon the future redivision of Murray Hill into smaller residentia
building units at some future date.
4. Presently, the Murray Hill area has 24 lateral sewer and water units
assessed, and, if my land use map is correct, 17 occupied homes. The
city council, however, "deferred" assessing 25 lateral sewer and water..
units in the Murray Hill area. What this means, sometime in the future,.,
after the city council assesses the "deferred" units, the property
owners in the area may be'forced" to resubdivide their property into
smaller units similar to Mr. Eggum's proposal. Therefore, it is .
conceivable, that the character of the Murray Hill area will significantly
change, probably in the early 1980's to an area where 50 or so homes
will occupy the same space the existing 17 homes presently occupy, or -
assessments will be higher than average (Normally assmt. of 231 units/acre)
Comments from General Public
As shown in enclosures 6 and 7, the general public felt Mr. Eggum's
proposal was not in keeping with the identity of the Murray Hill area.
In addition, a concern regarding archeological and historic significance
was raised regarding the Eggum property. After checking with the
Minnesota State Historical Society, it was determined that "no property
in the Murray Hill area was of historic or archeological significance".
Planninq Commission Recommendation
As shown in enclosure 8, "Jerry Neher moved to recommend the council
approve the preliminary plat for Marvel Eggum dated February 8, 1978,
and granted variance to the subdivision ordinance wherein the requirements
for topographic data be waived. Motion seconded by Walter Thompson.
The following voted in favor: Roman Roos, Jerry Neher, Dick Matthews,
and Walter Thompson. Hud Hollenback voted no. Motion carried."
Planner's Recommendation
-
I believe Mr. Eggum's proposed resubdivision of lots 17 and 18, Murray
Hill Addition, are consistent with the spirit and intent of the city's
plan for land use, transportation, utilities and zoning. I believe
Mr. Eggum meets or exceeds the dimensional requirements for R-1 lots
as specified in the Chanhassen zoning ordinance and recommend the city
council duly approve Mr. Eggum's proposed resubdivision of the subject
property.
Mr. Eggum should, however, realize that additional assessments will be
levied against the subject property as specified in the city engineer's
report and that Mr. Eggum will be obligated to prepare a final plat
pursuant to the Chanhassen subdivision ordinance.
If the council approves Mr. Eggum's proposed subdivision, Mr..Eggum
should forward an Abstract of Property Title to be reviewed by our
City Attorney, Russ Larson.
0 fi•let •ule •I a •0 •
L i
OF
Lake Lucy v
1 0.
*so
OF
Ann
0,
I HI
AAjbA
rT-IT OF ----- -
Oso
F
*OF
Of
Vl
HENNEF'IN'
o U)
4C)
Sr
26
7
1/4 cot I of.'
34
13
.3
-lift lov*
so
V1 25
14
so
6
pal
T. R. R I X
CTF NO, 6153
'i
27
N
*4%X
��41 24
15
5
28
loo S PROSPECT
ST
29
cr.
�
Sao
_)o
30
80
4
In
in
d% N
rn
cj 5120
4t z
cr
~ 3 3v
uj
z
so
ILI, 30
ti
MELODY
0 HILL
co
ZI
2.0
qo
ERNEST J. 9 Wro MOLINE
41K
44-&AM-
I Al
-50-
s,0../ 3
SUBDIVISION PLAN ,
CASE NO. SUB . ,7 5 = o I
City of Chanhassen
Carver and Hennepin Counties, Minnesota
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application <,,41A,
Escrow Paid Date
Received by
Applicant
Name: Cranbrook TIT
Last First Initial
Address: 20385 Idlewild Path Excelsior Minnesota 55331
Number and Street City State zip Code'.
Owner: Cranbrook George J. , Jr. & Ruth E.
Lest First Initial
Address:
Number and Street City State zip Code
Address of property in question:
Humin�:bird R,.:i•;
Legal description of property in question:
Lots 16. 17 and 18. Townsite of Murrav Hill
Present zoning of property:
Present use of property:
Proposed use of property:
R1
R1
R1
The following documents if appropriate shall be attached to this
application:
1. Sketch Plan
2. Preliminary Plat
3. Escrow Account
Date Received Initial
D,Gc . 70 77 8 --
-51-
Date Received
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 expense ncurred in processing this application for
--sign p1 cant
George Cranbr k, I
51
gnature or owner
(' George J. Cranbrook, III attorney in'
fact for owners
Date
�W
Received by i le Date
(Following to be completed by Zoning Administrator or City official)
a CHRONOLOGY
` DATE I BY
Sketch Plan on Planning Commission Agenda aG2111s"
Planning Commission Postponed to
Preliminary Plat on '
Planning Commission Agenda
Planning Commission%c, i' i
I�'f"
Newspaper Publication
Adjacent Property Owners Notified !
Planning Commission Action
Preliminary Plat on
Council Agenda
Council Postponed to
Council Action
Final Plat on
Planning Commission Agenda
i Planning Commission Postponed to
Planning Commission Action
Final Plat on Council Agenda
Council Postponed to
Council Action
Final Contract Executed
Escrow Returned - Amounts
-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
dayof 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
a
-53-
PLANNING COMMISSION RECOMMENDATION - Final Plat
On this day of 19 , this Final
Plat was recommended for (approval), disapproval subject to the
following conditions:
Chairman of Planning Commission
Action by City - Final Plat
On this day of 19 , the Chanhassen City
Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved)
this Final Plat subject to the following conditions:
By order of the Chanhassen
City Council
Mayor
Attest:
City Administrator
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
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
(612) 838-7801 • 50 NINTH AVENUE SOUTH + HOPKINS, MINNESOTA 55343
OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS
December 8, 1977
City of Chanhassen
c/o Mr. Bruce Pankonin, City Planner
Chanhassen, Minnesota 55317
Subject: George Crambrook
Preliminary Sketch Plan Review
Our File No. 7120M
Gentlemen:
We have reviewed the subject sketch plan prepared by Valley
Engineering Co., Inc. and dated November 16, 1977. We have the
following comments:
1. Sanitary sewer and water lateral service is available
to all the proposed lots. Individual services have
been extended to the lot line of all proposed lots
except Lot 1, Block 1. (The City will assume the cost
of extending the needed service lines to the property
line.)
2. The developer should be made aware of additional lateral
sewer and water charges that will be levied when the
property is subdivided and trunk availability charges
collectable when building permits are taken out.
3. No storm sewer is proposed or is any needed. Further,
we do not feel a topographic survey of the property
should be required for final plat approval.
4. The total of the frontages shown on Melody Hill do not
agree with the total depth of lot.
We recommend approval of the sketch plan as submitted and
will be glad to discuss additional sewer and water assessments
And availability charges with the owners.
Very truly yours,
SCHOELL & MADSQN, INC.
yl-
,ra-rm -4relrr+_arr
k
1v0
her. Donald Ashworth
City Manager
City of Chanhassen, Minnesota
lie: Planning Case # P-068, George Cranbrook.
Janus 19Pt
x
Dear Mr. Ashworth:
We the undersigned find the proposed replat of Lots 17 and 18, murray'tiill
Addition, by George Cranbrook (and others) as described in "Notice of vublic
Hearing..." published in the December 21 19'/'/ issue of the „arver County
Herald to be totally unacceptable.
Our reasons include the following:
1. -ihe proposed lot sizes violate the minimum area requirements as set iurth
in city of uhanhassen zoning ordinances.
2. In the City of Chanhassen's Comprehensive Land Use. Proposals, this neigh-
borhood is to be considered "Low vensity Single gamily Residential." We
believe the proposed replat is not in keeping with this goal. The lot
sizes proposed are too small and are more in keeping with a moderate
density neighborhood.
�. our neighborhood at present consists of lots each in excess of 40,000
square feet, resulting in an open, spacious feeling. The addition of
lots less than one third the size of the smallest existin6 lots would
seriously detract from the appearance of the neighborhood, and thereby
directly affect the property values of every resident.
We all recognize that growth in our neighborhood is inevitable, and we
encourage such growth so long as it is consistent with tt,e existing character
of the area. We feel it is the duty of the City Planner and Council to
ensure that growth is orderly, consistent with the character of the neighborhood.
Approval of a replat merely on the grounds that it meets most of the city's
minimum legal requirements is not enough. Hodge-podge zoning is delr.imental
to all structures built in the area. To allow this replat consisting of lots
of 12,%24 square feet in an area where the smallest existing; lot is approxi-
mately 42,000 square feet is unacceptable to us, the present taxpayers and
voters.
page 1 of
page 2 of
We hereby PETITION. that you and the City Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting*
Yours truly:
/GjJ7 7l Name Address
/ /I�.�•�7 Url_ �// /i �' ���/'v7�� �•'�"-" �(� •r r�viJ1'\/i•���//�/,r� ;,�//L-� /� _
tl - �� -�:=,� C-.. �"�';�;s• ,� %J �,2 E:,;�-� :IiC2--'C. �. -:Fr- 't 'O .�. - i
N ♦ Mies k 0to F i wo i 3'it Moog k
.�.G'.-L-C•'"�..'G�,�' t`� "in�i�`'.�-_i-C� t�/" (!/'r�� G� ���U�/C /'+`/ / � /�/ �) CL-:;;�" G!G �1�-?.�i.- �C`• �./!* Zc?
rY��O � ��/�%S - 0 ��� /S - f-(T .-'-//7,.•��} (�'Lc t %i/�t1�•tir,r�l /Q%/i /`f'/ _ C�
�/J
Or�1.t.C./tr �(! �• 1�"/['�L'YD�-�C'/ � L� /�L4. �L'�� i"-/I1'" �LCEC tl �C:G`L3'-!��•LT
�} G 1Y' ✓ fit' �v �t '�1 'i" K%' �V ��.i
/"/E'✓ _�',i. l-�-h%-� �:/l %;7 -?: �� ?�-`J:.�-.�. k �..{1� ,c�� c L% � •4: �'?� ...cam 't'.; 4:! ',�%'�..
A T 14)
1....' �.L.r�::�;.,. y �= '�- �� /'�'n'pi.rr4vrW"�%,.v�..;.t,,,. �/� � �t�•(.,.,, .J '•�' ,1�-�'--�t-i,,.
''(. S-�LT Z% ^ �l � i ,!-_•�i??-: .. f -e '-�. � r,l �1, f ,�/J� \ .. � .. ( �{`l �_� 1. J� � %� ! + ,r1
44,U
l
V
page 2 o f "-Z
We hereby PETITION that you and the Lity Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting,
Yours truly:
Name Address Signature
07R4 IOCV- rt.,,-
We hereby PETITION that you and the amity Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting.
Yours truly:
Name Address Sitnature
L . !�
1978 -3-
Planning Commission Meeting January 11, el 7
tew
PUBLIC HEARING
MARVEL EGGUM SUBDIVISION
The public hearing was called to order at 8:15 p.m. The following
interested persons were present:
Shirley and Ken Waldrip, 6410 Galpin Blvd.
Steve McCormick, 2085 Buford Ave., St. Paul
J. A. Gallagher, 7541 Ridgeway Road, Golden Valley
Jane and George Jackson,_6480 Murray Hill Road
Jane Partridge, 6280 Hummingbird Road
Marguerite Gallagher, 6271 Hummingbird Road
Robert Blackwood, 2091 Melody Hill
Bev and Roger Hedtke, 23115 Summit
Bill Brezinsky, Schoell and Madson
Marvel Eggum, Burnsville
read the official notice as published in
The Assistant City Planner
the Carver County Herald.
he applicant is proposing to replat Lots 17 and 18, Murray Hill into
ive residential building lots. Staff recommended that since the
this
for
s a rearrangement of existing lots, it is not necessary not
eveloper to provide complete topographic data be
heosedllots
e installing any municipal roads or utilities. All prof
eet or exceed the minimum requirements for the R-1 DistricantTshould
Planner recommended approval of the subdivin. The al
to council consideration
post a $300 escrow deposit with the city Prior
of the Planning Commission recommendation.
The meeting was opened for comments from persons present.
Beverly Hedtke - I am opposed to the small lots.
Roger Hedtke - I am also opposed. opposed
Bob Blackwood - I am opposed as well. I think most of us are
t other lots in the area are considerably
because mos li e
in than those proposed and we would
larger size
to keep the area the character that has now been
established.
in the area. I have the property
George Jackson
- T own five acres so
#117 under contract and I will be dme
across this because
developing in the area. I do Oppose
Thel nis
rtheaverage
small.
I think the lots are to below
that are way
being done on houses
think it will promote substandard
cost in the area. I
housing.
Mrs. Jackson --I
suggest a ditto. Road
ofntheraeasons°f an
building aInow that
Jane Partridge
- We are OSesfornall
and 3/4 and PP that Mr. waldrip
acre
have been given plus most of those
will give. father's estate and I oppose
for my
John Gallagher
- I am executor
the subdivision. the street to
directly across
Steve McCormick - I own the property objections
development. MY
the south of the proposed
alters the character of the,
are that it completely
neighborhood. it really changes the value that .I:
think that to use:an'
would see in building there. I
mionimum
build the
absard
olute
averaging technique to
that is h
lot size.is something
doing with a straight face to 4
imagine anybody
Planning Commission Meeting January 11, 1978
neighborhood that has this character. I am very
much
opposed to the waiving of the topographic study
or any
of the provisions placed in the ordinance for ,^
the protection of the community's interests in
development property. There is already property
on the other side of GalRoad
iswhich
somethingnthatfor
84 apartment units. I guessaveraging that
ought to be taken into account in any
is done there. The smallest lot size there now
is 42,700 square roeeotclotnthat are adrawing
quarter
have. you are proposing sa factor of 6 the density
that size and increasing by
of residents and thereforetronfthe Hill and tIink it
is a very substantial impact
am
very much opposed to it. First of all
I have a number of things to go through.
our ordinance 47, paragraph 7.05,
let me reference y
ich it says the minimum lot hi8t06
subparagraph 6 in wh33, paragraph ,
will be 90 feet. In your Ordinance
subparagraph c, we speak of corner lots. Corner lots
will be 15 feet wider Ordinance regular lots,the firi tionswe eonp
with 105 feet. Your
page 4 under lot wi thwhicfront t
h isalongthenexistingbe
the boundary of a
10
dedicated public street. latner lwaswapprovedeweowoulds
of record exist, and if thisis p
both
the
have interior lots of record
front yardon bothfront
streets shall provide
for a
streets. The minimum dimension on a corner lot
then.
must be 105 feet.For that reason alone this p
is in
violation of your own ordinances•virtually every resident
I have here a petition signed by
of Murray Hill. Every resident that surrounds this
this
property and those away
from Murray dill opposing
replatting for a number of reasons. (1) O`n the minimum
the
size. (2) On the change of the character perusal and it
neighborhood. This is available for y
our
will go to Mr. Don Ashworth. aragraph 8.01. states that
Reference your Ordinance 33, P agr interest. Certainly
any replatting shall be in the public
with this kind of outcry against_it this type of t in the public interest. (3) I
would not There are other small children
have two small children• hheir bicycles
children ride t
in the neighborhood. My in the area. They'cross
on these streets. They P Y
the streets. The additiofour
traffichouses
dangerthis
to
small area would bring additionalis Will to pay to put the
my children. (4) The City is should I and
additional services in foray for additional services
the other taxpayers here p Y your paragraph
when we all paid our own as shall shall take
8.06 in your Ordinance 33 say
into account existing historical sites an treesThis area wa. once
find no such compliance with that.
known as Hilltop Farm. There are some historic sites
'
ere. I see no platting that takes into account those
there. paragraphs 9.11 and 10.04
historic sites. Ordinance 33, P aphs9nts have not
in terms of subwat�er and
eno reason why those
Ken Waldrip -
Planning Commission Meeting January 11, 1978 -5-
should be waived.
Shirley Waldrip - I am opposed also for all the reasons that have been
stated.
Marvel Eggum - I don't really believe that Mr. Jackson can say that it'
going to be substandard housing when he doesn't know
in fact that housing is even going in there. I am paying
an additional assessment fee from what was levied before
to the tune of about $24,000. I feel I meet the
requirements of the city and I think the plat should be
granted.
Bruce Pankonin - This property was assessed by the city for five lots.
All the lots in the area have deferred assessments.
George Jackson - I own five acres there and if I did some averaging I
could get some pretty small lots. I also own a house
that I consider minimal for the Hill. I think this
is one of the problems we are facing here is that
Murray Hill has some pretty substantial homes. The
two homes that you are averaging with are pretty
minimal homes and you are putting in some very
minimal lots if you would accept this plat. I don't
think anybody would be here tonight if there were
one less lot there. At least I would not be.
Roman Roos - Would that be true if there was one less lot?
John Gallagher - I am looking at Lot J and I am saying that if it's
approved here obviously it will be,approved for us.
I am not saying we are going to do. I would not want
that to happen.
Les Bridger moved to close the public hearing. Motion seconded by
Hud Hollenback and unanimously approved. Hearing closed at 8:40 p.m.
MARVEL EGGUM SUBDIVISION: Jerry Neher moved to table action until
February 8, 1978, at : 5 p.m. Motion seconded by Dick Matthews and
unanimously approved.
PUBLIC HEARING
EAST LOTUS LAKE PARK
Roman Roos called the hearing to order at 8:55 P.M.
interested persons were present:
John Totino, 6631 Horseshoe Curve
Mr. and Mrs. Gordon Junius, 330 Pleasant View Road
Walter Coudron, 7411 Frontier Trail
Robert Sathre, 365 Pleasant View
Jim Philion, 7361 Long View Circle
Gary Boyle, 7226 Frontier Trail
Orval Larson, 7218 Frontier Trail
Robert Grodahl, 7220 Frontier Trail
Lori Paxton,7303 Frontier Trail
Robert Scholer, 7212 Frontier Trail
Darlene Huseth, 7332 Frontier Trail
Don Huseth, 7332 Frontier Trail
Wayne Mader, 400 Highland Drive
L. J. Anderson, 400 Cimarron Circle
Lauren Hillquist, 501 Del Rio Drive
Ladd Conrad, 6625 Horseshoe Curve
?+ vAeP . wn'r "-caw* 7ni G E^i ^A^s,i ra
The following
REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1978
Roman Roos called the meeting to order at 7:30 p.m. with the following '
members present: Jerry Neher, Hud Hollenback, Dick Matthews, and Walter',,
Thompson. Mal MacAlpine and Les Bridger were absent.
MINUTES: Jerry Neher moved to approve the January 25, 1978, Planning
commission minutes. Motion seconded by Dick Matthews. The following
voted in favor: Roman Roos, Jerry Neher, Dick Matthews,"and Walter
Thompson. Hud Hollenback abstained. Motion carried.
ELIZABETH SWEIGER SUBDIVISION: The Planning Commission held a public
Baring on the propose sub vision and recommended the Council approve
the division. The survey did not reflect an 18 foot easement along
Melody Hill Road. The Council returned this proposed subdivision to
the Planning Commission for reconsideration of a variance to the
frontage requirements for the proposed lots. Staff recommended the
Planning Commission find Mrs. Sweiger's subdivision request to be
consistent with the spirit and intent of the city's plan for land use,
transportation, utilities, and zoning if the corner lot remains 105 feet
wide and the Planning Commission recommends a variance to Ordinance 33,
Section 8.06 which would allow the interior lots to be a minimum of
87:5 feet. In addition, the Planning Commission should instruct
the applicant to prepare the final plat pursuant to Ordinance 33,
Section 10.04. This plat should be expanded to include all the
properties in Lot D, Bardwell Acres, if possible. In addition, the
Planner recommended that Mrs. Sweiger and her neighbors along Chaska
Road apply for city water.
Jerry Neher moved to recommend the Council grant the resubdivision
for Elizabeth Sweiger with the stipulation that the easterly most
lots will have 87.5 feet of frontage each and the corner lot have
105 feet of frontage. The -Planning Commission further recommends that
the subdivider petition for city water. Motion seconded by Walter
Thompson and unanimously approved.
MARVEL EGGAM SUBDIVISION: Letters were sent to all the neighbors
note yang them of this meeting. Several neighbors were present. On
January 11, 1978, the Planning Commission tabled action on this request
to give staff time to answer the issues raised at the public hearing.
The Planner contacted the Minnesota State Historical Society and found
that no parcel in the Murray Hill area is of "historic or archaeological"
significance. Mr. Eggam's proposed subdivision will meet all city
standards if the following were taken into account:
1. If he moved the north lot line of Lots 1, 3, and 4 within ten
feet of the existing structure.
2.' The dimensions of Lot 2 were changed to read 106 x 135.
3. The dimensions of Lot 1 were changed to read 90 x 135.
Mr. Eggam presented a revised drawing which meets the dimensional
requirements of the R-1 use district.
The Planner recommended that he does not feel the city has any option
but to authorize the subdivision as proposed as the revised plan meets
all city requirements.
Hud Hollenback moved to deny the subdivision request. Motion died for
lack of a second.
Hud Hollenback - I think this is the type of pressure that a lot of
P
Planning Commission Meeting February 8, 1978 -2-
our neighborhoods are going to feel with sewer. I would vote to deny
the replatting. I am fairly familiar with that part of town and I
think we are being pressured by the council, realtors, and citizens
to open up estate type developments in other parts of the city. Here
we have them and even with the assessments and interest, etc. I think
it would still behoove the city to look at it carefully versus going
out, ten miles.out another road and opening up another estate
evelopment just to make the people happy that want one. If we did
eny the petition to subdivide, I don't think we would be doing
hose people any real favor. I don't know how long they could
support the type of lots and homes they have but according to the
City Planner these things (assessments) may be called next year
or they may never be called depending on other development in that
area. For those reasons I would vote to deny it.
Jerry Neher - I am in reverse of Hud due to the fact there are
assessments placed on the property there are deferred assessments.
There is nothing to say that it's going to continue on to the point
where we are not going to have to call those assessments in. I
think we have to look at the whole city and eventually it has to
-ome that the lots are going to be subdivided and I can't feel there
o is anything to be gained by prolonging it or putting it off. We•need
sewer hook ups. I would be in favor of granting it.
Jerry Neher moved to recommend the Council approve the preliminary
1, plat for Marvel Eggam dated February 8, 1978, and grant a variance
to the Subdivision ordinance wherein the requirement for topographic
data be waived. Motion seconded by Walter Thompson. The following
voted in favor: Roman Roos, Jerry Neher, Dick Matthews, and Walter
Thompson. Hud Hollenback voted no. Motion carried.
PUBLIC HEARING
REPLATTING OF LOTS 9 AND 10, BLOCK 1, ST. HUBERTUS
Roman Roos called the public hearing to order at 8:25 p.m. The
following interested persons were present:
Robert Scholer, 7212 Frontier Trail
Willard Pauly, 7721 Frontier Trail
Don Schmieg, 7703 Erie
Craig Mertz
The Assistant City Planner read the official notice as published in
the Carver County Herald.
Mr. Scholer is requesting resubdivision of Lots 9 and 10, Block 1,
St. Hubertus and lot area variance and frontage variance to the R-1
requirements. The proposed resubdivision would maintain the individual
lot size of 8520 square feet.
Adolph Tessness previously stated to the City Planner that he had no
objection to the subdivision. -
Mr. Scholer explained that there were two assessments for sewer and
two assessments for water but only one unit assessment for each
against the existing house. The lots will remain the same size.
Walter Thompson moved to close the public hearing. Motion seconded
by Hud Follenback and u,nan-motisly approved. Hear� .,,- :osed at
i I .
(onTRoL
(ommiaion
Twin cities Rea
March 30, 1978
Mr. Don Ashworth
City Manager
City of Chanhassen
7610 Laredo Drive
Chanhassen, MN 55317
Re: Trolls -Glenn Addition
Mr. and Mrs. J. D. Peterjohn
Dear Mr. Ashworth:
A, ril!ti ttratot
�d2i�rtF�l
f:?;
nee;
C� all
0 K 4-
e_vG/' O/1., 0 :�"p,,'_
We have reviewed the information submitted (design data and location
map) for this sanitary sewer improvement project along with the
agreement between the Cities of Victoria and Chanhassen establishing
intercommunity flows along County Road No. 15, and find the project
in accord with this agreement. However, as stated in our March 16th letter,
existing connections and future projections in this area are necessary as
an addendum to your existing comprehensive sewer plan (CSP).
We will file this information as part of your CSP and inform the Minnesota
Pollution Control Agency that we have no objections to the installation of
these facilities.
Very truly yours,
//,�" e�441
R. A. Odde
Staff Engineer
RAO:RJP:hw
cc: Minnesota Pollution Control Agency
Metropolitan Council
350 METROlOUARE BLDG.
7TH 6 ROBERT/TREETI
lAi1T PRUL mn ss101
612122.8423
MEIROPOLITAn
WAITE
COnTROL
COf1 miffion
Twin Cities Area
0
March 30, 1978
Mr. Don Ashworth
City Manager
City of Chanhassen
7610 Laredo Drive
Chanhassen, MN 55317
Re: Trolls -Glenn Addition
Mr. and Mrs. J. D. Peterjohn
Dear Mr. Ashworth:
2
We have reviewed the information submitted (design data and location
map) for this sanitary sewer improvement project along with the
agreement between the Cities of Victoria and Chanhassen establishing
intercommunity flows along County Road No. 15, and find the project
in accord with this agreement. However, as stated in our March 16th letter,
existing connections and future projections in this area are necessary as
an addendum to your existing comprehensive sewer plan (CSP).
We will file this information as part of your CSP and inform the Minnesota
Pollution Control Agency that we have no objections to the installation of
these facilities.
Very truly yours,
zi_�-D
R. A. Odde
Staff Engineer
RAO:RJP:hw
cc: Minnesota Pollution Control Agency
Metropolitan Council
350 METROtOUARE BLDG.
7TI & ROBERT/TREETJ
/AinT PAUL Mn 55101
612i222.8423
h
"-' recycled
AigR 1978
C V D co'
orN
CC
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: March 13, 1978
TO: City Manager, Don Ashworth
FROM: City Planner, Bruce Pankonin
SUBJ: Replat of Lots 17 and 18, Murray Hill Addition
APPLICANT: Marvel Eggum
PLANNING CASE: (E!65
Pr--ti i-i nn
"anon DY [AtY Adminfamt+o
Pate Sui +r,; i ^ iu r. ,,nisslcMt
OW
—3/2 o
As shown in enclosures 1 - 8, the applicant, Marvel Eggum, is proposing
to rearrange (replat) lots 17 and 18, Murray Hill Addition into six (6)
residential building sites.
Background
1. Community Location: As generally shown in enclosure 1 and more
specifically identified in enclosure 2, the subject property is two
residential lots located in the Murray Hill Addition of the community.
2. Existing Zoning: The subject property and environs are zoned R-1,
Single Family Residential. Within said R-1 use district, lots that are
proposed to be created must average 15,000 square feet in area, have
90 feet of frontage on a platted street for interior lots and 105 feet
of frontage for corner lots.
3. Comprehensive Plan Proposal:
a. Land Use: Purs.uant to the city's plan for land use, the
subject property and environs are to assume a low density single family
residential identity.
b. Transportation: Melody Hill Road and Hummingbird Road, which
form the subject property's southern and eastern boarder, respectively,
are currently upgraded to city standards and willfunction as local
access roadways.
Mr. Don Ashworth -2-
March 13, 1978
4. Utilities: As shown in the city engineer's report, enclosure 5,
sanitary sewer and water lateral service is available to the subject
property.
5. Authority to Plat: The authority to replat Lots 17 and 18, Murray
Hill Addition is found is city ordinance 33.
6. Public Hearing Requir&d: Pursuant to city ordinance 33, section
6.01, the planning commission held one public hearing on January 11,
1978, to test neighborhood sentiment regarding Mr. Eggum's proposed
subdivision of land. Notice of said hearing was duly published in the
Carver County Herald on December 21, 1977, and duly mailed to adjacent
property owners within 350 feet of the subject property on January 3,
1978.
7. Preliminary Plat Requirements: City ordinance 33, Section 7,
outlines the data necessary for consideration of preliminary plat.
Since the subject property is a rearrangement of existing platted lots,
it is not necessary for the developer to provide complete topographic
data of the proposed subdivision because the developer will not be
installing any municipal roads or utilities and local drainage is known
to the city engineer. This being the case, the planning commission
waived subsection (ih) of section 7.01, city ordinance 33.
Planner's Comments
1. The criteria for evaluating Mr. Eggum's subdivision request is
found in the Chanhassen City Plan, zoning ordinance and subdivision
regulations. All lots that are proposed to be created meet or exceed
the minimum square footage requirements of city ordinance 47. The
city streets, which form the subject property's eastern and southern
borders, have been built to final urban sections, no additional right
of way will be required as part of this subdivision consideration.
2. In areas of the community served by public water and sanitary
sewer systems, the maximum number of lots to be permitted in a plat
should be computed by subtracting from the total gross area of the plat
the total dedicated street right of way and dividing the area remaining
after said subtraction by 15,000 to determine the maximum number of
lots permitted in said plat. In no event shall a lot contain less than
11,700 square feet nor have frontage less than 90 feet at the building
setback line. Considering the city subdivision ordinance, the plat
as proposed by Marvel Eggum, meets or exceeds the minimum require-
ments of the city's zoning and subdivision ordinance as to lot dimensions
and area.
3. As shown in the public hearing minutes, enclosure 7,and resident's
petition, enclosure 6, numerous inquiries have been voiced regarding
the subdivision of the subject property. The vast majority of local
concerns are centered around the fact that the immediate area (Murray
Hill Addition) has "inordinately" large single family lots (+2 acres),
which have been served by sanitary sewer and water. Notwithstanding
the fact that the general area has an "estate" type character, the
criteria for evaluating any subdivision request is the city zoning
ordinance. As noted above, the developer is meeting or exceeding the
city's minimum standards for subdivision in the Murray Hill area. In
addition, the city recently installed sanitary sewer to the Murray Hill
Addition. This public improvement project 71-1, was predicated or
Mr. Don Ashworth -3- March 13, 1978
premised upon the future redivision of Murray Hill into smaller residential
building units at some future date.
4. Presently, the Murray Hill area has 24 lateral sewer and water units
assessed, and, if my land use map is correct, 17 occupied homes. The
city council, however, "deferred" assessing 25 lateral sewer and water
units in the Murray Hill area. What this means, sometime in the future,
after the city council assesses the "deferred" units, the property
owners in the area may be'Torced" to resubdivide their property into
smaller units -similar to Mr. Eggum's proposal. Therefore, it is
conceivable, that the character of the Murray Hill area will significantly
change, probably in the early 1980's to an area where 50 or so homes
will occupy the same space the existing 17 homes presently occupy, or
assessments will be higher than average (Normally assmt. of 22 units/acre).
Comments from General Public
As shown in enclosures 6 and 7, the general public felt Mr. Eggum's
proposal was not in keeping with the identity of the Murray Hill area.
In addition, a concern regarding archeological and historic significance
was raised regarding the Eggum property. After checking with the
Minnesota State Historical Society, it was determined that "no property
in the Murray Hill area was of historic or archeological significance".
Planning Commission Recommendation
As shown in enclosure 8, "Jerry Neher moved to recommend the council
approve the preliminary plat for Marvel Eggum dated February 8, 1978,
and granted variance to the subdivision ordinance wherein the requirements
for topographic data be waived. Motion seconded by Walter Thompson.
The following voted in favor: Roman Roos, Jerry Neher, Dick Matthews,
and Walter Thompson. Hud Hollenback voted no. Motion carried."
Planner's Recommendation
I believe Mr. Eggum's proposed resubdivision of lots 17 and- 18, Murray
Hill Addition, are consistent with the spirit and intent of the city's
plan for land use, transportation, utilities and zoning. I believe
Mr. Eggum meets or exceeds the dimensional requirements for R-1 lots
as specified in the Chanhassen zoning ordinance and recommend the city
council duly approve Mr. Eggum's proposed resubdivision of the subject
property.
Mr. Eggum should, however, realize that additional assessments will be
levied against the subject property as specified in the city engineer's
report and that Mr. Eggum will be obligated to prepare a final plat
pursuant to the Chanhassen subdivision ordinance.
If the council approves Mr. Eggum's proposed subdivision, Mr. Eggum
should forward an Abstract of Property Title to be reviewed by our
City Attorney, Russ Larson.
• • • �• • • • -- I • • • • • OF • • • • e
fE3 o • • • •
y •
•
OFlk •
w -- i .:
I
I • •
• • -- ( Lake Lucy ! : • •
•
(` 9 OF
•F • ® -. La . Ann
a
-C
-- • 1
OF
OF •
OF _
PN
F• OF
OF
OFF
HI •F
I
OF �
OF
• .-- _ Q
O PAGIF IG
�vv
• •F % 6
• `Vr
• J���. OF
P
OF
OF
OF
GPG� I
Gad
OF
/ � •F I
OF OF _.
•
N N
EIF-11
li, I
J
26
12--
7
S 1/4 CAW f Ot
sec. 34
ago
so
.90
001 25
14
6
pal
TR RIX
CTF NO. 6163
27
24
.15
5
28
00
PROSPECT
ST
ILI
cr-
29
cr-
30
60
�j x In
A (D
aM
S1200
z
cr-
S UP2
ca
uj
(9
t.-:
z
so
qv
HILL
MELODY
-51- ci
9P
20 \xx
'0001/lanz Aol�lp)r
0
ERNEST J. MOLINE 0
Wow BK 50, R 370
44e 21
T
4 3 2
rQ 31
-50-
4,./ 3
SUBDIVISION PLAN l
CASE NO. SUB . ij 5 - �
City of Chanhassen
Carver and Hennepin Counties, Minnesota
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application
Escrow Paid Date
Received by
Applicant
Name: Cranbroo
J
Last
First
Initial
Address: 20385 Idlewild Path
Excelsior
Minnesota
55331
Number and Street
City
State
Zip Code
Owner: Cranbrook
George-J., Jr.
& Ruth E.
Last
First
Initial
Address:
Number and Street
City
State
Zip Code
Address of property in question:
Humingbird Road
Legal description of property in question:
Lots 16, 17 and 18, Townsite of Murrav
Present zoning of property:
Present use of property:
Proposed use of property:
R1
R1
R1
The following documents if appropriate shall be attached to this
application:
! 1. Sketch Plan
2. Preliminary Plat
3. Escrow Account.
Date Received Initial
�'01(' y
D,cr. ?, 77
A
ti
' -51-
Date Received Initial
f
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
1< Sign r pl'cant
George Cranbr k, I
gnature of Owner
' George J. Cranbrook, III attorney in
fact for owners
.'7—
Date
Received by i le Date
(Following to be completed by Zoning Administrator or City Official)
I CHRONOLOGY
i
I DATE I BY I
j Sketch Plan on Planning Commission Agenda 1 /j/}le-1 !
i Planning Commission Postponed to r I
Preliminary Plat on 1 i
L Planning Commission Agenda Z2
Planningf Cnmmi_sginn ��� !e'iwrii i i/ 7 JR I I
Newspaper Publication
Adjacent Property Owners Notified 1
i Planning Commission Action
Preliminary Plat on
Council Agenda
i Council Postponed to'
I
I Council Action
I
Final Plat on
Planning Commission Agenda
i Planning Commission Postponed to
I I
j Planning Commission Action I
I
r,inal Plat on councii Agenda
I Coun
-52-
PLANNING COMMISSION RECOMMENDATION (Preliminary Plat)
On da of 19 , this preliminary plat
was
trecommended for (approval), (disapproval) subject to the
following conditions:
Chairman of Planning Commission
Action by City - Preliminary Plat
On this day of 19 , the Chanhassen City
Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved)
this Preliminary Plat subject to the following conditions:
By order of the Chanhassen
City Council
Attest:
City Administrator
-53 -
PLANNING COMMISSION RECOMMENDATION - Final Plat
On this day of 19 , this Final
Plat was recommended for (approval), (disapproval) subject to the
following conditions:
Chairman of Planning Commission
Action by City - Final Plat
On this day of 19 , the Chanhassen City
Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved)
this Final Plat subject to the following conditions:
By order of the Chanhassen
City Council
Mayor
Attest:
City Administrator
,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
£A�•s
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
7601 • 50 NINTH AVENUE SOUTH • HORKINS, MINNESOTA 55343
OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS
December 8, 1977
City of Chanhassen
c/o Mr. Bruce Pankonin, City Planner
Chanhassen, Minnesota 55317
Subject: George Crambrook
Preliminary Sketch Plan Review
Our File No. 7120M
Gentlemen:
We have reviewed the subject sketch plan prepared by Valley
Engineering Co., Inc. and dated November 16, 1977. We have the
following comments:
1. Sanitary sewer and water lateral service is available
to all the proposed lots. Individual services have
been extended to the lot line of all proposed lots
except Lot 1, Block 1. (The City will assume the.cost
of extending the needed service lines to the property
line.)
2. The developer should be made aware of additional lateral
sewer and water charges that will be levied when the
property is subdivided and trunk availability charges
collectable when building permits are taken out.
3. No storm sewer is proposed or is any needed. Further,
we do not feel a topographic survey of the property
should be required for final plat approval.
4. The total of the frontages shown on Melody Hill do not
agree with the total depth of lot.
We recommend approval of the sketch plan as submitted and
will be glad to discuss additional sewer and water assessments
and availability charges with the owners.
Very truly yours,
SCHOELL & MADSQN, INC.
1 !,
f
r
WJBrezinsky:sg
mr. uonald Ashworth
City Manager
City of Chanhassen, Minnesota
lie: Planning ease ## P-068, George Cranbrook
4 rw/�o
Janua. s 11, 197 i
J
Dear Mr. Ashworth:
We the undersigned find the proposed replat of Lots 17 and 18, Murray hill
Addition, by George t,ranbrook (and others) as described in "Notice of rublic
Hearing..." published in the December 21 19f7 issue of the ..,arver County
Herald to be totally unacceptable.
Our reasons include the following:
1. The proposed lot sizes violate the minimum area requirements as set forth
in city of uhanhassen zoning ordinances:
2. In the City of Chanhassen's Comprehensive Land Use Proposals, this neigh-
borhood is to be considered "Low I,ensity Single ramily Residential." We
believe the proposed replat is not in keeping with this goal. The lot
sizes proposed are too small and are more in keeping with a moderate
density neighborhood.
3• Uur neighborhood at present consists of lots each in excess of 40,000
square feet, resulting in an open, spacious feeling. The additio of
lots less than one third the size of the smallest existing lots would
seriously detract from the a pearance of the neighborhood, and thereby
directly affect the proper y values of every resident.
We all recognize that growth in our neighborhood is inevitable, and we
encourage such growth so long as it is consistent with the existing character
of the area. We feel it is the duty of the %,ity Planner and Council to
ensure that growth is orderly, consistent with the character of the neighborhood..
Approvali of a replat merely on the grounds that it meets most of the city's
minimum legal requirements is not enough. Hodge-podge zoning is detrimental
to all structures built in the area. To allow this replat consisting of lots
of 12,774 squ re feet in an area where the smallest existing lot is approxi-
mately 42,000 square feet is unacceptable to us, the present taxpayers and
voters.
page 1 of
page 2 of
ie hereby PETITION that you and the City Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting,
Yours truly:
Nam/e Address Sign
two,
R , Has R, Cl or t 4,j 13 vl MMOR.4 y lilo CIOyh� 0 L�&,L-50
1 /'
UO
�� i/i �F ✓ �: j/. `C�//` •L �%/f`�/��7 Cc '�.1/C� _ �'��.� (.:� K/ t�/ � U/ � ` � !fit-�-��- K. .7G�� C �L!>�
UAWv
,, s�c-�,�i-y--�..� . • �, ,Z 3 �' Yam' .��= .� /� ��'.�`1�,�'. �-� .�=�.L.;--�,;.�. ��,�/
�J
C L.x"r-x.,r,,,�} '�� � "d.o'y�l/� �c � 7` � '`d•L�,• ry i�rt'i.�:-y-u> � in,v4�:(,_ `� � f�� �' �.{ i1/yi
�
r
page 2 o f
We hereby PETITION that you and the city Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting.
Yours truly:
Name Address Signature
A
E
page 2 of 71
We hereby PETITION that you and the vity Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting,
Yours truly:
Name Address Signature
:��ep�►� I•
Planning Commission Meeting January 11, 1978
PUBLIC HEARING
MARVEL EGGUM SUBDIVISION
The public hearing was called to order at 8:15 p.m. The following
interested persons were present:
Shirley and Ken Waldrip, 6410 Galpin Blvd.
Steve McCormick, 2085 Buford Ave., St. Paul
J. A. Gallagher, 7541 Ridgeway Road, Golden Valley
Jane and George Jackson, 6480 Murray Hill Road
Jane Partridge, 6280 Hummingbird Road
Marguerite Gallagher, 6271 Hummingbird Road
Robert Blackwood, 2091 Melody Hill
Bev and Roger Hedtke, 23115 Summit
Bill Brezinsky, Schoell and Madson
Marvel Eggum, Burnsville
The Assistant City Planner read the official notice as published in
the Carver County Herald.
he applicant is proposing to replat Lots 17 and 18, Murray Hill into
ive residential building lots. Staff recommended that since this
s a rearrangement of existing lots, it is not necessary for the
eveloper to provide complete topographic data because he will not
e installing any municipal roads or utilities. All proposed lots
eet or exceed the minimum requirements for the R-1 District.
Thhould
Planner recommended approval of the subdivision. The applicant
post a $300 escrow deposit with the city prior to council consideration
of the Planning Commission recommendation.
The meeting was opened for co tents from persons present.
Beverly Hedtke - I am opposed opposed. l lots.
Roger Hedtke - T am also opp . ell. I think most of us ar
opposed
Bob Blackwood - I am opposed as we
because most other lots in the area are considerably
larger in size than those pc opo
se
to keep the thatand has��nowould like
been
r
established.
!George Jackson - I own five acres in the area. I have the property
across #117 under contract and I will be doing some
developing in the area. I do oppose this because
I'think the lots are to small. The
now the avis
being done on houses that are way erage
romote substandard
cost in the area. I think it will p
housing.
Mrs. Jackson - T suggest a ditto.
Jane Partridge - We are building a new house
onalulmmmingbirdof the rRoadsof at
an
acre and 3/4 and I Oppose
have been given plus most of those that Mr. Waldrip
will give.
John Gallagher - T-am executor for my father's estate and I oppose
the
Steve McCormick - I own the property directly across the street to ions
the south of the proposed development. My 7
are that it completely alters the character of the
neighborhood. it really changes the value that I
would see in building there. I think that to use an
averaging technique to build the absolute minimum
lot size:is something -that is hard for me to
imagine anybody doing with a straight face to a
e January 11, 1978 -4-
Planning Commission Meeting Y
neighborhood that has this character. Imvery
study
much opposed to the waiving of the topographic
or any of the provisions placed in the ordinance for -"
the community's interests in the protection of
development property. There is already p P
on the other side of Galpin Road which is zonthat°r
84 apartment units. I guess it is something. t that
ought to be taken into account in any averaging
is done there. The smallest -lot size there now
is 42,700 square feet according lotsthat are arawing
quarter
have. You are proposing a factor of 6 the density
that size and increasing by
of residents and therefore traffic, etc. I think it
is a very substantial impact on the Hill and I am
very much opposed to it.
I have a number of things to go through. First of all
Ken Waldrip paragraph 7.05,
let me reference your ordinance 47,
subparagraph 6 in which it says the minimum lot widt06,
will be 90 feet. In your Ordinance 33, paragraph
subparagraph c, we speak of corner lots. Corner lots
will 15 feet wider than regular lots, so we come up
with 105 feet. Your Ordinance 47, the definitions on
page 4 under lot width; the front lot line shall be
the boundary of a lot which is along the existing
dedicated public street. Corner lot where interior lots
of record exist, and if this plat was approved
have interior lots of record, on both the
intersecting
streets shall provide for a front y
ard h front
streets. The minimum dimension on a corner lot then
must be 105 feet.For that reason alone this plat is in
violation of your own ordinances.
virtually every resident
I have here a petition signed by
of Murray Hill. Every resident that surrounds this
this
property
and those away from Murray Hill opposing
replatting for a number of reasons. (1) On the minimum
size. (2) on. tThishe hisgavailableane of the cfor ayour perusal and it
neighborhh cter of the
oodd
will go to Mr. Don Ashworth.
inance 33, paragraph 8.01 states that
Reference your Ord
any replatting shall be in the public interest. Certainly
with this kind of outcry againstait this type of
I
replatting wouldnot
beinTherepare the lother esmall children
have two small children.
in the neighborhood. My children ride their bicycles
on these streets. They play in the area. They cross
the streets. The additionadditionalrmore trafficoandsdangerin 1to
small area would bring is willing to pay to put the
my children. (4) The city lots. Why should I and
additional services in for y for additional services
the other taxpagrers here pay
when we all paid our own assessments? Your paragraph
8.06 in your Ordinance 33 says, a platting shall take
into account existing
historical
that5sites
Thisnareaewas once
find no such compliance There are some historic sites
known as Hilltopp that takes into account those
there. I see no platting paragraphs
9.11 and 10.04
historic sites. Ordinance 33, p
in -terms of subwater and drainagenoreasonwhy those
eenot
been complied with. I would
Planning Commission Meeting January 11, 1978 -5-
should be wad ved.
Shirley Waldrip - I am opposed also for all the reasons that have been
-� stated.
Marvel Eggum - I don't really believe that Mr. Jackson can say that it's
going to be substandard housing when he doesn't know
in fact that housing is even going in there. I am paying
an additional assessment fee from what was levied before
to the tune of about $24,000. I feel I meet the
requirements of the city and I think the plat should be
granted.
Bruce Pankonin - This property was assessed by the city for five lots.
All the lots in the area have deferred assessments.
George Jackson - I awn five acres there and if I did some averaging I
could get some pretty small lots. I also own a house
that I consider minimal for the Hill. I think this
is one of the problems we are facing here is that
Murray Hill has some pretty substantial homes. The
two homes that you are averaging with are pretty
minimal homes and you are putting in some very
minimal lots if you would accept this plat. I don't
think anybody would be here tonight if there were
one less lot there. At least I would not be.
Roman Roos - Would that be true if there was one less lot?
John Gallagher - I am looking at Lot J and I am saying that if it's
approved here obviously it will be approved for us.
I am not saying we are going to do. I would not want
that to happen.
Les Bridger moved to close the public hearing. Motion seconded by
Hud Hollenback and unanimously approved. Hearing closed at 8:40 p.m.
MARVEL EGGUM SUBDIVISION: Jerry Neher moved to table action until
February 8, 1978, at 7: 5 p.m. Motion seconded by Dick Matthews and
unanimously approved.
PUBLIC HEARING
EAST LOTUS LAKE PARK
Roman Roos called the hearing to order at 8:55 p.m.
interested persons were present:
John Totino, 6631 Horseshoe Curve
Mr. and Mrs. Gordon Junius, 330 Pleasant View Road
Walter Coudron, 7411 Frontier Trail
Robert Sathre, 365 Pleasant View
Jim Philion, 7361 Long View Circle
Gary Boyle, 7226 Frontier Trail
Orval Larson, 7218 Frontier Trail
Robert Grodahl, 7220 Frontier Trail
Lori Paxton; 7303 Frontier Trail
Robert Scholer, 7212 Frontier Trail
Darlene Huseth, 7332 Frontier Trail
Don Huseth, 7332 Frontier Trail
-Wayne Mader, 400 Highland Drive
L. J. Anderson, 400 Cimarron -Circle
Lauren Hillquist, 501'Del Rio Drive
Ladd Conrad, 6625 Horseshoe Curve
Fred Wolter, 7016 Dakota Circle
The following
REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1978
Roman Roos called the meeting to order at 7:30 p.m. with the following'
members present: Jerry Neher, Hud Hollenback, Dick Matthews, and Walters:
Thompson. Mal MacAlpine and Les Bridger were absent.
MINUTES: Jerry Neher moved to approve the January 25, 1978, Planning
Commission minutes. Motion seconded by Dick Matthews. The following
voted in favor: Roman Roos, Jerry Neher, Dick Matthews, and Walter
Thompson. Hud Hollenback abstained. Motion carried.
ELIZABETH SWEIGER SUBDIVISION: The Planning Commission held a public
hearing on the proposed subdivision and recommended the Council approve
the division. The survey did not reflect an 18 foot easement along
Melody Hill Road. The Council returned this proposed subdivision to
the Planning Commission for reconsideration of a variance to the
frontage requirements for the proposed lots. Staff recommended the
Planning Commission find Mrs. Sweiger's subdivision request to be
consistent with the spirit and intent of the city's plan for land use,
transportation, utilities, and zoning if the corner lot remains 105 feet
wide and the Planning Commission recommends a variance to Ordinance 33,
Section 8.06 which would allow the interior lots to be a minimum of
87'5 feet. In addition, the Planning Commission should instruct
the applicant to prepare the final plat pursuant to Ordinance 33,
Section 10.04. This plat should be expanded to include all the
properties in Lot D, Bardwell Acres, if possible. In addition, the
Planner recommended that Mrs. Sweiger and her neighbors along Chaska
Road apply for city water.
Jerry Neher moved to recommend the Council grant the resubdivision
for Elizabeth Sweiger with the stipulation that the easterly most
lots will have 87.5 feet of frontage each and the corner lot have
105 feet of frontage. The Planning Commission further recommends that
the subdivider petition for city water. Motion seconded by Walter
Thompson and unanimously approved.
MARVEL EGGAM SUBDIVISION: Letters were sent to all the neighbors
notifying them of this meeting. Several neighbors were present. On
January 11, 1978, the Planning Commission tabled action on this request
to give staff time to answer the issues raised at the public hearing.
The Planner contacted the Minnesota State Historical Society and found
that no parcel in the Murray Hill area is of "historic or archaeological
significance. Mr. Eggam's proposed subdivision will meet all city
standards if the following were taken into account:
1. If he moved the north lot line of Lots 1, 3, and 4 within ten
feet of the existing structure.
2. The dimensions of Lot 2 were changed to read 106 x 135.
3. The dimensions of Lot 1 were changed to read 90 x 135.
Mr. Eggam presented a revised drawing which meets the dimensional
requirements of the R-1 use district.
The Planner recommended that he does not feel the city has any option
but to authoriz0 the.subdivision as proposed as the revised plan meets
all city requirements..
Hud Hollenback'moved to deny the subdivision request. Motion died for
lack of a second.
Hud Hollenback - I think this is the type of pressure that a lot of
Planning Commission Meeting February 8, 1978 -2-
our neighborhoods are going to feel with sewer. I would vote to deny
the replatting. I am fairly familiar with that part of town and I
think we are being pressured by the council, realtors, and citizens
to open up estate type developments in other parts of the city. Here
we have them and even with the assessments and interest, etc. I think.
it would still behoove the city to look at it carefully versus going
out, ten miles out another road and opening up another estate
development just to make the people happy that.want one. If we did
eny the petition to subdivide, I don't think we would be doing
hose people any real favor. I don't know how long they could
support the type of lots and homes they have but according to the
City Planner these things (assessments) may be called next year
or they may never be called depending on other development in that
area. For those reasons I would vote to deny it.
Jerry Neher - I am in reverse of Hud due to the fact there are
assessments placed on the property there are deferred assessments.
There is nothing to say that it's going to continue on to the point
where we are not going to have to call those assessments in. I
think we have to look at the whole city and eventually it has to
ome that the lots are going to be subdivided and I can't feel there
0 is anything to be gained by prolonging it or putting it off. We need
sewer hook ups. I would be in favor of granting it.
Jerry Neher moved to recommend the Council approve the preliminary
1, plat for Marvel Eggam dated February 8, 1978, and grant a variance
to the Subdivision Ordinance wherein the requirement for topographic
data be waived. Motion seconded by Walter Thompson. The following
voted in favor: Roman Roos, Jerry Neher, Dick Matthews, and Walter
Thompson. Hud Hollenback voted no. Motion carried.
PUBLIC HEARING
REPLATTING OF LOTS 9 AND 10, BLOCK 1, ST. HUBERTUS
Roman Roos called the public hearing to order at 8:25 p.m. The
following interested persons were present:
Robert Scholer, 7212 Frontier Trail
Willard Pauly, 7721 Frontier Trail
Don Schmieg, 7703 Erie
Craig Mertz
The Assistant City Planner read the official notice as published in
the Carver County Herald.
Mr. Scholer is requesting resubdivision of Lots 9 and 10, Block 1,
St. Hubertus and lot area variance and frontage variance to the R-1
requirements. The proposed resubdivision would maintain the individual
lot size of 8520 square feet.
Adolph Tessness previously stated to the City Planner that he had no
objection to the subdivision.
Mr. Scholer explained that there were two assessments for sewer and
two assessments for water but only one unit assessment for each
against the existing house. The lots will remain the same size.
Walter Thompson moved to close the public hearing. Motion seconded
by Hud Hollenback and unanimously approved.. Hear _nc- 7 wosed at
k�
I
*1AN
Richard D. McFarland
President
Mr. John L. Neveaux
6240 Elm Tree Ave.
Excelsior, MN 55331
Dear John:
Ll
March 17, 1978
Joyce and I and a group of our neighbors met with the Chanhassen Planning
Commission on Wednesday, January 1.1, in regard to a proposed replat on lots 17
and 18, town side of Murray Hill, Carver County. An individual developer has
evidently purchased the land and has proposed the construction of six homesites
on the property. We live directly west of the property. As I'm sure you know,
this has been Joyce's home since 1939 when her parents first moved from Minneapolis
to Excelsior. To my knowledge, John, absolutely everyone on Murray Hill is
opposed to this development, and whereas we realize that additional homesites should
be constructed on the property, the idea of putting up six homes to me is absolutely
ludicrous. The present home owners in the area have lots that range from a minimum
of 42,000 square feet to 159,000 square feet. The proposed lot sizes for the new
homes are between 13,000 and 17,000 square feet.
At the meeting of January 11., it appeared to me that thee only reason the Planning
Commission approved the development was because of the fact that there were .ewer
connections available, and in my opinion, they certainly did not per.Corn► the role
of a Planning Commission as I understand that role.
I would hope that you and the other Council members would consider the home
owners in the area before allowing the development to proceed.
Thanks much for your consideration.
Best regards.
Sincerely yours,
RDM:rdd
cc: Dale Ceving
Richard Pearson
Nick Waritz
Mayor Walt B. Hobbs
Uain, Kalman & Quail Incorporated 100 Dain Tower . Minneapolis, MN 55402 • (612) 371-2711
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
7 yk
MEMORANDUM
DATE: February 2, 1978 4
TO: Planning Commission, Staff and Marvel Eggam, 15708 Judicial
Road, Burnsville, MN
FROM: Bruce Pankonin, City Planner
SUBJ: Replat of Lots 17 and 18, Murray Hill Addition
APPLICANT: Marvel Eggam
PLANNING CASE: P-068
Please include the attached in your copy of exhibit 1, Sketch Plan
for Cranbrook Subdivision:
Enclosures
7. Public Hearing minutes dated January 11, 1978.
8. City Planner's report dated February 2, 1978.
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 56317
(612) 474-8886
PLANNING REPORT
DATE: February 2, 1978
TO: Planning Commission, Staff and Marvel Eggam
FROM: Bruce Pankonin, City Planner
SUBJ: Replat of Lots 17 and 18, Murray. Hill Addition
APPLICANT: Marvel Eggam
PLANNING CASE: P-068
Background
As the January 11, 1978, minutes will show, the Planning Commission
tabled discussion on this planning case to the February 8, 1978,
Planning Commission meeting so as to give staff sufficient time
to answer the issues that were raised at the public hearing.
The context of this report is to highlight the salient issues brought
out at the public hearing and to give staff recommendation on the
proposed subdivision.
Planner's Comments
1. The criteria for evaluating Mr. Eggam's request is the adopted
city plan, zoning ordinance, subdivision regulations, utility and
transportation plan. All of these plans indicate the Murray Hill
area will be "developed" as low density single family residential.
2.I contacted the Minnesota State Historical Society, and found that
no parcel in the Murray Hill area is of "historic" or "archaeological"
significance. Parenthetically, some of,you will remember the Planning
Commission gerrymandering some lot lines around a "significant" tree
in the Trolls -Glen addition because it was alleged that the tree had
arrowheads barried under it. The City Council, Planning Commission
and staff is cognizant of Chanhassen's history and the need to preserve
for future generations those areas of archaeological and historic
significance.
3. Mr. Eggam's proposed subdivision will meet all city standards if
the following were taken into account:
Planning Commissic -2- February 2, 1978
a). Moving the north lot line of lots 1, 3 and 4 within ten
feet of the existing house on Lot 18.
b). The dimensions of lot 2 were changed to be 106' x 1351.
c). The dimensions of lot 1 were changed to.be 90' x 1351.
4. Presently, the Murray Hill area has 24 lateral sewer and water
units assessed, and, if my land use map is correct, 17 occupied homes.
The City Council, however, deferred assessing 25 lateral sewer and
water units in the Murray Hill area. What this means, sometime in
the future, after the City Council assesses the deferred units, the
property owners may be "forced" to.resubdivide their property into
smaller units. Therefore it is conceivable, that the character of
the Murray Hill area will significantly change, probably in the early
19801s, to an area where 50 or so homes will occupy the same space
the existing homes presently occupy.
Parenthetically, the deferred assessments for lateral sewer and water
and trunk sewer and water is $4369.00 plus 7% interest per year from
1973.
Planner's Recommendation
If Marvel Eggam redesigns his proposed subdivision to meet the dimensions
outlined above, I do not think the city has any option but to authorize
the subdivision as proposed.
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Residents of Murray Hill
FROM: Bruce Pankonin, City Planner
DATE: February 2, 1978
SUBJ: Planning Commission Reconsideration of Marvel Eggam's
Subdivision Request
PLANNING CASE: P-68
Please be advised that the Planning Commission will consider Marvel
Eggam's proposal to replat Lots 17 and 18, Murray Hill, into five
residential building lots at 7:45 p.m., Wednesday, February 8, 1978.
Since the Planning.Commission closed the public hearing, no additional
public testimony will be considered. However, the Planning Commission
has on occasion accepted written correspondence after a public hearing
was duly closed.
A copy of.a city staff report regarding Marvel Eggam's proposal will
be available for public inspection at the City Hall on Monday, February
6, 1978.
cc: All Murray Hill Residents in attendance at the January 11, 1978,
public hearing.
Planning Commission Meeting January 11, 1978
PUBLIC HEARING
MARVEL EGGUM SUBDIVISION
The public hearing was called to order at 8:15 p.m.
interested persons were present:
Shirley and Ken Waldrip, 6410 Galpin Blvd.
Steve McCormick, 2085 Buford Ave., St. Paul
J. A. Gallagher, 7541 Ridgeway Road, Golden Valley
Jane and George Jackson, 6480 Murray Hill Road
Jane Partridge, 6280 Hummingbird Road
Marguerite Gallagher, 6271 Hummingbird Road
Robert Blackwood, 2091 Melody Hill
Bev and Roger Hedtke, 23115 Summit
Mar���oFgqum Riirncvi 1 1 c
-3 -
The following
The Assistant City Planner read the official notice as published in
the Carver County Herald.
The applicant is proposing to replat Lots 17 and 18, Murray Hill into
five residential building lots. Staff recommended that since this
is a rearrangement of existing lots, it is not necessary for the
developer to provide complete topographic data because he will not
be installing any municipal roads or utilities. All proposed lots
meet or exceed the minimum requirements for the R-1 District. The
Planner recommended approval of the subdivision. The applicant should
post a $300 escrow deposit with the city prior to council consideration
of the Planning Commission recommendation.
The meeting was opened for comments from persons present.
Beverly Hedtke
- I am opposed to the small lots.
Roger Hedtke -
I am also opposed.
Bob Blackwood -
I am opposed as well. I think most of us are opposed
because most other lots in the area are considerably
larger in size than those proposed and we would like
to keep the area the character that has now been
established.
George Jackson
- I own five acres in the area. I have the property
across #117 under contract and I will be doing some
developing in the area. I do oppose this because
I think the lots are to small. The averaging is
being done on houses that are way below the average
cost in the area. I think it will promote substandard
housing.
Mrs. Jackson -
T suggest a ditto.
Jane Partridge
- We are building a new house on Hummingbird Road of an
acre and 3/4 and I oppose for all of the reasons that
have been given plus most of those that Mr. Waldrip
will give.
John Gallagher
- I am executor for my father's estate and I oppose
the subdivision.
Steve McCormick
- I own the property directly across the street to
the south of the proposed development. My objections
are that it completely alters the character of the
neighborhood. It really changes the value that I
would see in building there. I think that to use an
averaging technique to build the absolute minimum
lot size:is something that is hard for me to
imagine anybody doing with a straight face to a
�
a/
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: January 9, 1978
TO: Planning Commission, Staff and Marvel Eggum, 15.708 Judicial Road,
Burnsville, MN
FROM: City Planner, Bruce Pankonin
SUBJ: Replat of Lots 17 and 18, Murray Hill Addition
APPLICANT: Marvel Eggum
PLANNING CASE: P-068
Please include the attached in your copy of exhibit 1, sketch plan for
Crambrook Subdivision:
Enclosures
5. Marvel Eggum's letter dated January 3, 1978.
6. City planner's report dated January 9, 1978.
CITY OF
CHANHASSEN
7610 LAREDO DRIVE!P.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: January 9, 1978
TO: Planning Commission, Staff and Marvel Eggum
FROM: Bruce Pankonin, City Planner
SUBJ: Replat of Lots 17 and 18, Murray Hill Addition
APPLICANT: Marvel Eggum
PLANNING CASE: P-068
Petition
As shown in enclosures 1 - 5, the applicant, Marvel Eggum, is proposing
to rearrange (replat) Lots 17 and 18, Murray Hill Addition into five (5)
residential building sites.
Authority to Plat
The authority to replat lots 17 and 18 is found in city ordinance 33.
Public Hearing Required (Pursuant to city ordinance 33, section 6.01)
The planning commission shall hold at least one public hearing to test
neighborhood sentiment regarding a proposed subdivision of land. Notice
of said public hearing was published in ihe Carver County Herald and
mailed to adjacent property owners within 350 feet of the subject
property.
Preliminary'Plat
City ordinance 33, section 7, outlines the data necessary for consideration
of a preliminary plat. Since the subJect property is a rearrangement
of existing platted lots, it is not necessary for the developer to
provide complete topographic data of the proposed subdivision because
the developer will not be installing any municipal roads or utilities.
This being the case, the planning commission should waive subsection
(h) of section 7.01, city ordinance 33.
Planning Commission -2- January 9, 1978
Planner's Comments
As stated in enclosure 4, all proposed lots that are proposed to be
created meet or exceed the minimum requirements of the R-1 district.
As you know, city ordinance 33, section 8.06 subd. a(1), states:
"In areas served by public water and sanitary sewer systems, the maximum
number of lots to be permitted in a plat shall be computed by subtracting
from the total gross area of the plat the total dedicated street
right-of-way and dividing the area remaining after said subtraction by
15,000 to determine the maximum number of lots permitted in said plat.
In no event shall a lot contain less than 11,700 square feet nor
have frontage of less than 90 feet at the building setback line."
Considering the city's subdivision ordinance the plat as proposed by
Marvel Eggum meets or exceeds the literal requirements of the city's
zoning and subdivision ordinances as to lot dimensions and area.
Bob Waibel, Assisting City Planner, has informed me that a preponderant
number of inquiries have been voiced regarding the subdivision of the
subject property. The vast majority of concern are centered around the
fact that the immeidate area (Murray Hill Addition) has inordinantly
large single family lots (plus 2 acres). Notwithstanding the fact the
general area has an estate type character, the criteria for evaulating
any subdivision request is the city's zoning ordinance which setsforth
the minimum standards upon which lots can be created. As noted above,
the developer is meeting.or exceeding the city's minimum standards for
subdivision in the Murray Hill area. In addition, the city recently
installed sanitary sewer to the Murray Hill addition. This public
improvement project 71-1 was predicated or premised upon the future
redivision of Murray Hill addition into smaller residential building
units at some future date.
Planner's Recommendation
-
I recommend the Chanhassen planning commission find Mr. Eggum's proposed
subdivision to be positively consistent with the city's plan for land
use, transportation, utilities, zoning, and subdivision. I further
recommend the planning commission waive the heretofore referenced
section regarding topographic data. In addition, the applicant should
prior to city council consideration of the planning commission recommenda-
tion,'post a $300 escrow deposit with the city to defray all costs the
city has incurred in processing this application for subdivision.
If the city council approves a preliminary plat for Marvel Eggum, the
developer will have to prepare a "final plat" pursuant to city ordinance
33, section 10.
January 3, 1978
City of Chanhassen
7610 Laredo Drive
PO Box 147
Chanhassen, Minn. 55317
Mr. Robert Wiebel:
Regarding replat of lots 17 & 18 of Murray Hill Addition, City
Of Chanhassen, and the city requesting garage floor elevations
for the new homes to be built.
At the present time, the homes to be built have not been designed.
As the developer, I would agree to maintain an elevation minimum of
18" above street level for all garage floors and/or a maximum of
6 ft. 6" before street elevation for all basement floor elevations.
As per your suggestion, Mr. Wiebel, I contacted Mr. Bill Berzinski
of Schoell & Madson, Inc. of Hopkins, and discussed these elevations
with him. Mr. Berzinski indicated that these elevations would assure
the city a gravity flow hook-up for all sewer services.
MGE: je
cc: Bill Berzinski
Schoell & Madson, Inc.
Hopkins, Minn.
Respectfully,
Marvel G. EggV
�''
JAN1971
LVa3.AGZ op
ZYKAAWASe�N
!l�INly. � '' ��
page 2 of 'I,
We hereby PETITION that you and the kity Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting.
Yours truly:
Name Address Si6nature
RECEIVE®
VILLAGE OF F
CHANHASSEN
MINN. ti
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 January 3 19 78 the duly qualified and
acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said
date he caused to be mailed a copy of the attached notice of hearing on a
Proposed replat for George Crambrook, Planning case P-068 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.
Subscribed and sworn to before me
this day of 1974.
Notary Public
Don Ashworth
City Manager
^, Mir. Donald Ashworth
City Manager
City of Chanhassen, Minnesota
Re: Planning Uase # P-068, George Cranbrook
January Ill�Tl
I
vi
6
E
ti LC :c
G �, t:j �- 4 L, .i iY O ca
Dear Mr. Ashworth:
We the undersigned find the proposed replat of Lots 17 and 18, Murray hill
Addition, by George (;ranbrook (and others) as described in "Notice of eublic
Hearing..." published in the December 21 19`/7 issue of the ,arve;r County
Herald to be totally unacceptable.
Our reasons include the following:
1. 'The proposed lot sizes violate the minimum area requirements as set forth
in oity of uhanhassen zoning ordixances.- -
2. In the City of �,hanhassen's Comprehensive Land Use Proposals, this neigh-
borhood is to be considered "Low Lenaity Single gamily Residential." We
believe the proposed replat is not in keeping with this goal. The lot
sizes proposed are too small and are more in keeping with a moderate
density neighborhood.
�. Uur neighborhood at ,present consists of lots each in excess of 40,000
square feet, resulting in an open, spacious feeling. The addition of
lots less than one third the size of the smallest existing lots would
seriously detract from the appearance of the neighborhood, and thereby
directly affect the property values of every resident.
We all recognize that growth in our neighborhood is inevitable, and we
encourage such growth so long as it is consistent with the existing character
of the area. We feel it is the duty of the �,ity Planner and Council to
ensure that growth is orderly, ccnsistent with the character of the neighborhood.
Approval of a replat merely on the grounds that it meets most of the city's
minimum legal requirements is not enough. Hodge-podge zoning is detrimental
to all structures built in the area. To allow this replat consisting of lots
of 12,7a4 square feet in an area where the smallest existing lot is approxi-
toately 42,000 square feet is unacceptable to us, the present taxpayers and
voters.
page 1 of
page 2 of
k
We hereby PETITION that you and the City Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing pLatting.
Yours truly:
Name Address Sign"
-2 e, Az
fl* k Nor. K, DI.Pt-PA -AAMP) -43 "(1 PIPOAAY- A4 NO.
D
0A
',io A 110 -�tj.4.4: r
ct
IV
;L ,67
Ott
L, q ( C�)
7
161
+ � a
page 2 of '—%-
We hereby PETITION that you and the amity Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting.
Yours truly:
Name Address Si -nature
7— &A,�-J-
0
page 2 of Z
We hereby PETITION that you and the �,i.ty Council disapprove the
requested replat and any future replat so totally inconsistent with
the existing platting.
Name
Address
Yours truly:
Signature
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING ON PROPOSED REPLAT FOR GEORGE
CRAMBROOK, PLANNING CASE P-068
NOTICE IS HEREBY GIVEN That the Planning Commission of the
City of Chanhassen, Minnesota, will meet on Wednesday, the llth day
of January, 1978, at 8:15 p.m., at the City Hall, 7610 Laredo
Drive, Chanhassen, Minnesota, for the purpose of holding a public
hearing on a proposed replat for George Crambrook and involving
the following described tract of land:
Lots 17 and 18, Townsite of Murray Hill, Carver County,
Minnesota"
A plan showing said proposed replat is available for inspection
at City Hall.
All persons interested may appear and be heard at said time
and place.
BY ORDER OF THE PLANNING COMMISSION
/s/ Bruce Pankonin
City Planner
Dated: December 15, 1977
(Publish in the Carver County Herald on December 21, 1977).
City of Shorewood J.E. Gallagher
f 20630 Manor Rd. Rt. 5
Shorewood, MN 55331 Excelsior, MN 55331
George Nugent Evelyn Loher
Rt. 5 6240 Hummingbird Rd.
Excelsior, MN 55331 Excelsior, MN 55331
Walter Cleveland Stephen McCormick
6241 Murray Hill Rd. 2085 Buford Ave.
Excelsior, MN 55331 St. Paul, MN 55108
Harry Kerber Bruce Engman
18791 W. 78th St. 2051 Melody Hill Rd.
Eden Prairie, MN 55343 Excelsior, MN 55331
Kenneth Waldrip
6410 Galpin Lake Rd.
Excelsior, MN 55331
Jerome Clark
Rt. 5
Excelsior, MN 55331
Robert Blackwood
2091 Melody Hill
Excelsior, MN 55331
George Crambrook
Rt. 6 Box 890
Excelsior, MN 55331
Henry Moline
c/o June Libbey
Rt. 5 Box 67
Excelsior, MN 55331
Richard McFarland
Rt. 5 Box 65
Excelsior, MN 55331
- CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O, BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Planning Commission, Staff and Marvel Eggum, 15708 Judicial
Road, Burnsville, Minnesota
FROM: Bruce Pankonin, City Planner
DATE: December 7, 1977
SUBJ: Replat of Lots 17 and 18, Murray Hill Addition
APPLICANT: George Crambrook
PLANNING CASE: P-068
Attached hereto, for your consideration and review are the following
enclosures submitted in support of Mr. Crambrook's resubdivision request:
1. Sketch Plan dated November 16, 1977.
2. Community Location Graphic.
3. City Engineer's Report dated December 8, 1977.
4. City Planner's Report Dated December 7, 1977.
;ht
to
fil ,1d vy ty �`•
or
OF
Ll
OF
cm
j� 4}� a; 1 • • • • • • • •
i '1 • • • • • • • • •
tints ® • • • • • •
w • •
ti
• }}\�{vl e
(( , • — —
f
OF • •
�. • -- Lake Lucy : ; • •
•
• p __ • • • ,
000 • � • PK
MMM OF
Lake Ann
a �
Cq
I
—� OF
OF
OF
i PN
F• OF I
_ OF • • I
I
- A T VA
HI • OF
I
t F O
Cc
i I O
I �
7 Q VL
• L.F
r•
OF
f I
OF
Pv0' I
OF
•F
CITY OF
CHANHASSEN
7610 LAREDO DRIVEoP 0 BOX 147oCHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: December 7, 1977
TO: Planning Commission, Staff and Marvel Eggum
FROM: Bruce Pankonin, City Planner
SUBJ: Replat of Lots 17 and 18, Plat of Murray Hill, Carver County,
Minnesota
PLANNING CASE: P-068
APPLICANT: George Crambrook
Pai-i ti nn
As shown in enclosure 1, the proposal before the planning commission is
to replat Lots 17 and 18, Murray Hill, into six residential building
sites.
Background
1. As shown in enclosure 2, the subject property contains two platted lots
and is located in the Murray Hill Addition.
2. The subject property is zoned R-1, Single Family Residential. Within
said R-1, Single Family Residence District, a minimum lot size of 15,000
square feet is required.
3. Sanitary sewer and water are in place and in service to the subject
property.
4. Comprehensive Plan Proposal:
a. Land Use: Pursuant to the city's plan for land use, the subject
property and environs are to assume a low density single family residential
identity.
b. Transportation: The two platted roads which form the subject
property=s eastern and southern border are currently upgraded to city
standards and will function as local access roadways.
Planning Commission -2-
Planner's Comments
December 7, 1977
1. Procedure for replatting: The subject property was previously platted
as Lots 17 and 18, Murray Hill Addition. The procedure for replatting an
existing platted lot is a rather simple process whereby the applicant:
a. Submits a proposed resubdivision plan for staff and commission
review.
b. Commission reviews said proposed sketch plan, orders a public
hearing and makes recommendation to city council.
C. City council approves or denies proposal.
d. If approval is given, petitioner prepares a final plat (hard shell)
consistent with the guidelines as outlined in the city's subdivision
ordinance.
e. After appropriate signatures have been affixed and assurances
given, the petitioner may record the final plat with the<carver�county
recorder.
2. All lots that are proposed to be created in Mr. Crambrook's subdivision
meet or exceed the minimum square footage requirements of city ordinance
47. Since the city streets which form the subject property's eastern
and southern borders have been built to final urban street sections, no
additional right of way will be required as part of this subdivision
consideration.
3. Since the planning commission and city will not be installing
additional utilities nor creating new roads, the planning commission
may waive the requirements for complete topographic data. The applicant
should, however, be required to establish the ground floor elevation
of all the new houses which are proposed to be constructed.
Planner's Recommendation
I recommend the planning commission find Mr. Crambrook's proposed sub-
division to be positively consistent with the city's plan for land use,
transportation, utilities and zoning. I recommend that Mr. Crambrook
be required to furnish the city with information regarding the ground
floor elevation of all new houses that are proposed to be constructed.
Further, I recommend the planning commission order a public hearing to
test neighborhood sentiment at 8:00 p.m. Said public hearing to be
held on the second Wednesday in January.
'�70
HARVEY A. CARTWRIGHT CARTWRlG1HT ?A, OLSON
ANOKA COUNTY SURVEYOR
847H AVE- N. E. & EAST RIVER RD LAND SURVZVORS
STERLING 2301
REGISTERED UNDER LAWS OF STATE ORMIP04ESOTA
HAROLD R. OL-SON LICENSED BY ORDINANCE OF CITY OF MINNEAPOLIS
13OX 174, ROUTE 1 337 PLYMOUTH BUILDING LINCOLN 8721
W-=ST'WOOD SHORES
MOUND, M114NESOTA
MOU,ND 348M.
7-
611
WE HEREa',r CERTIFY THAT THE A2ovE IS A TR U
E� AND Cop.RECT PLAT
OF A SURVEY OF
ri
for -n
As SURVEYED BY US THIS— —DAY OF— J .7init 7, %r A.D.
S I G X EP,�_
CARTWRIGHT AND OLSO
COMSINIVG, THE RECORDS OF
J. I-. HILL. ESTASLISH2.o 1836.
C. F. SANOHOFF, ESTABL�534ED 19C8
JAMES NELSON. CSTADLISHECY 1922
INr_lLtSTRIAL
BUSINESS
LOT SURVFYs
LAKESHORE
PLATTJ NO
gi
,�pLUTION Q,
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINN ESOTA 553170(612) 474-8885
PLANNING REPORT
DATE: September 18, 1975
TO: Planning Commission, Staff and George Cranbrook
FROM: Bruce Pankonin, City Planner
REF: Ordinance 33
Background
1. Legal Description: Lots 16, 17 and 18, Townsite of Murray Hill.
2. Existing Zoning: R-1 Single Family.
3. Comprehensive Plan Proposal: Develop property under consideration
and environs as a low density (R-1) residence district.
4. Sanitary sewer and water is available. -to the subject property.
Petition
To redivide existing platted lots into six (6) residential building
sites.
Planner's Comments
1. The procedure to consider Mr. Cranbrook's request is outlined
in the Subdivision Ordinance and involves the City considering
a "short plat" petition. Short plats are a legally recordable
document used to redivide previously platted lots into two or
more residential building sites..
2. All lots to be created meet or exceed the minimum requirements
as to lot area, etc., of the Zoning Ordinance.
Page 2
Planner's Recommendation
1. Encourage the petitioner to .proceed with development of a
short plat. The new lots should be dimensioned square feet noted,
and the placement and depth of all existing utilities indicated.
2. The petitioner should be required to deposit with the City
an escrow account in the amount of $200.00 to defray all city
expenses in processing the application as per City Ordinance 47 A,
Section 19.18.
,�O�-UTION B
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317®(612) 474-8885
MEMORANDUM
DATE: September 18, 1975
FROM: Bruce Pankonin, City Planner
TO: Planning Commission, Staff and Applicant
SUBJ: Planning Case SUB 75-01
The following enclosures are contained within Exhibit #1, SUB 75-01:
1. Community Location Graphic.
2. Application for consideration of Planning Request.
3. Sketch Plan.
4. Certificate of Survey.
5. Planner's report dated September 18, 1975.