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75-08 - Sulerud VAR pt 1SOLUTION B 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEoP.O BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885 PLANNING REPORT DATE: October 14, 1975 TO: Mayor and City Council, Staff and Jim Sulerud SUBJ: Variance Petition, Jim Sulerud Planner's Comments: 1. The Board of Adjustment and Appeals duly held a public hearing on October 9, 1975, to consider Mr. Sulerud's 20 foot front yard variance request. 2. Adjacent property owner's within 350 feet of the property under consideration were duly notified pursuant to Ordinance 47. 3. It is my interpretation of the Board of Adjustments and Appeals comment's that a 20 foot variance as requested may be reasonable if the City Council receives and approves the following: a. Statement from a competent, professional Soils Engineer certifying as to the slope stability of the subject property; identifi- cation of construction techniques necessary to prevent the structure from sliding down the hill; and mitigative construction measures necessary to prevent abnormal erosion of the side slope during construction and thereafter. b. Chanhassen's City Attorney's drafting exculpatory language, to be attached to the building permit, releasing the city from any liability. Planner's Recommendation: If the applicant can produce the documents as requested in item 3a above, and the City Engineer approves said documents, I feel the variance as requested should be granted. OuUTION B� - Z cu ? Q VAR J ' 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEoP.O BOX 147*CHANHASSEN, MINNESOTA 55317�&(612) 474-8885 MEMORANDUM DATE: September 30, 1975 FROM: Bruce Pankonin, City Planner TO: Board of Adjustments and Appeals and James M. Sulerud, 2512 Chicago Ave. South, Minneapolis, MN 55404 The following enclosures are contained within Exhibit #1, James M. Sulerud Variance Petition: Enclosures: 1. Notice of Public Hearing. 2. Application for Variance. 3. Site Plans. 4. Soil Tests from Braun Engineering. 5. City Planner's report dated September 30, 1975. CITY OF HANBASSEN 7610 LAREDO DRIVE 0 P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM DATE: October 14, 1975 TO: Mayor and City Council, Staff and Jim Sulerud FROM: Bruce Pankonin, City Planner SUBJ: Jim Sulerud Variance Petition The following documents, maps and report are contained herein: 1. Notice of Public Hearing. 2. Application for Variance. 3. Site Plans. 4. Soil Tests from Braun Engineering. 5. City Planner's Report dated September 30, 1975. 6. Board of Adjustments and Appeals minutes dated October 12, 1975. 7. City Planner's Report dated October 14, 1975. _, VILLAGE OF CHANHASSEN APPLICATION FOR VARIANCE Date Filed Se ea fiber 24, ^+ ; Fee Paid *345, Hearing Set For '. sZL Applicant James M. 4n.�i C%eryl A. ?uler ud Phone 574-1469 Address 25" Chicago Averrs a�rzs:., '61r._a;�olis, Minnesota '5404 Legal description of properth L`;t 1177. 177 1 171: ? , . -'f cr .. V Variance requested from Ordinance # From which section of the Ordinance do you seem a variance? iection 7.05 (2.) _Front Why? :pie request that a v-!r' 31_ . _ e_'anted to :;rTdt :" _ ;�c ? `:e; 1i ® of corner of the house not less than ter, ('—) i _ f-riz the f •>>zt -,r, ;>�rty =1ne. _'as paziitioning allows the house to c;; no more tlhari thirty (30) feet fr•o:n the existing cul de sac and riot less than feat from th- ,$pr of the cut de sac. iri n.'1;�lZtatiOil with Donald '3?rg of the Csrver vfflCe of the U- S, 11ons-rvation 5-rvi e at the site, we Wesre ,,per:i_ficalJ.y advis=-d3 gnature o Applicant Application should be supplemented with maps, plans or other additional data which may aid the '311-?ri If =;d' =E � i:'-•. � _ .?- V in the analysis of the proposed project. Application For Variance - Page 2 September 24, 1975 J. & G. Sulerud to place the house as close as possible to the existing cul de sac in order to avoid unnecessary tree removal, grading or filling on the site. Such actions would promote erosion as exists at other locations along Bluff Creek. A soil boring (test results attached) at the specific proposed house location gives evidence that appropriate bearing capacity is present and that no filling or grading is required. All precautions will be taken to ensure that the original site elevations will be maintained after construction. Zoning regulations for front yard set -backs have resulted to provide for the following: (1) enable unobstructed street and utility maintenance, (2) unobstructed traffic sight lines, and (3) unobstructed sight lines for neighboring homes to front and back. This application requests that no violation of these zoning objectives be made. �c Application for Variance - Page 3 / September 24, 1975 J. & C. Sul erud 'S < '6j Jc S,- •F L J Ut S68 a J 5 ZI ♦ R-60 C' `9 Y to N r V OG� Z)Qrr)10 r G ry ��! R,q t L � ti I � •� �,� 9c cQSPryen� `'�' i� ,�' I 6 e6' '1 k"J �-- Bea. ti .. p 8 � 110 . ...moo i r I An Expansion of Soil Engineering Services, Inc. ENGINEERING TESTING MINNEAPOLIS/ST. PAUL 6800 S. County Rd.18, P.O. Box 35108, Mpls., Mn: 554351612-941-5600 NORTHERN MINNESOTA 3219 E.19th Avenue, Hibbing, Mn. 557461218-263-8869- v my 13 ,. 19Y5 til.J.nneapoIis; Alin"rxesota. 55 0 Dear 'Mr. Suclerud: J. S. BRAUN P. E., President P. H. ANDERSON. Vice Pres. Operations C. G. KRUSE P. E., Vice Pres. Engineering 0. P. MONAHAN P. E., Dir. /nsp.1festing 'E-IcC'0LATl01N T;P.Sa'S Lc)t 21 ] I o c k 1 Bluff Crcek I-Iicghlz.n s 2nd Ghc'371I"1.asse-j'A, As, you, 'r(.,,qi.•'.ested. y a soil bor7-I;.�} 3.71Ci �'YU{l I7t-S"CC?1.3.t7 o; .tee'. s1 r: e r e t f;,, k c, r_ o a. ; _i. t :i.1x e r. l i-1 a t J. r t h o i 1 s S o i i S absorptivity, and, v: i or table on i:F referenced pi`o cr'ty. The purl, ose' of thc,. )Il�r� �t.1.!? i_!�3 was to assi.s'- in i. _e C4(_'.`iJ.g1., of an ?.'il'a:Lvidual. s n=i sari' system :For a proposed Itoiu e on t1his lot. The oriI;.gs i;;ere taken a; the I.ocat`i .cn.S ,,zhich you A. I,F:.'. e are shown on i,.li. e bori."-na 'svl:Te 1r'e .�I`E:i2CF' i to "th(-,, oxistin— houses, as shown iJl?. the j1":�:"�ch. SuYr�race. G'-lf„'l%�ci:.1.J`iJ i1°t.�.r.r'.: .�C"if:�-i'E:licf,'d to ��.��. celit of othe "cul Uc� Sic `vJ.C;iis , `Tv; i; sSia)i:ted as ei e:vatio3i. The bcry ings and tests T4 er_— (1-.ril I ed on July 2, 197S., with a 1io},ter ac kagyer. . Soils encountered, were vi s1.tal.ly class i- ed. in. accordance w:i.tl) ASrFINi 2487, unified Class ifit.a':-.ion System. A cop-7 of that chart is a t.r.ached. f .Y1. c' i-ately of ter its c.ompie t. i o-i-j, tha, I boring was probed to chock i:'or the presence of ground neater. CONSULTING ENGINEERS/SOILS AND MATERIALS Test Borings • Foundation Engineering and Recommendations • Inspection of Construction • Material Testing of Soils, Concrete and Building Components 75-162 Pxr. Jim Sulerua -2- 7/11/ 7 5 The percolation tests were run in 6-inch diameter holes to depths of 36 inches, in accordance ;with standard procedures normally used for City of -Chanhassen approval. In accordance with standard procedures, the holes were permitted to soak overnight before the tests were run. RESULTS The log of the soil ,encountered and water level observations are shown on the attached Log of borings sheet. The boring; encounterod u silty clay to clayey silt from the surface to the 7 ft. depth and granular soils from the 7 ft. depth to the determination depth of 25 ft. Water was not encountered in -probing the boring immediately after completion and jud.gi.ng from the moisture co:� tent of the soils returned it does not appear the water table was penetrated by the boring. The percolation tests indicated the percolation in minutes per inch (mpi) as follows: Test. Surface Elevation Soil at Test Rates _ini P-1 64.6 Silty Clay to Clayey Silt, brown 5 P-2 50.7 Silty Clayey Sand, black 1.7, REMARX S These tests were taken prea.to design of the -Droposed house to verily trim: tllie site was suitab:L%�. On, t: e t,a::ic f he boring ing nd percr, la tion -Letst i 4 iF, our opi.31: 011 ch,.) t the aoove_ief_erenced lot: is s?..;Lt.able for the i_nst��. lation of an individual sanitary system. .. �i_t��,;r a di ain. %ie10. or a seepa� Dit as iaf? sCrp7;,1C?Tl. unit. A d fc1T.n field should be designed on the average of the test: results, 0 irpi. A seepage pit Couldbe. d 16oned for a rate of 5 mp i_ . Bmun� ENGINEERING TESTING S-1362 far- O'Lrn Sulerud -3- 7/1'/75 If we can be of further -assistance, kindly contact us at your convenience. Very truly yours, BRAUN ENGINEERING TESTING, INC. C. G. Kruse, P.E. V_cc i�reo;idt::�t-.ngineering CGY:db BRAUII� The content of this report and supporting documents are for the exclusive use of the addressee. In the absence of our prior written approval ENGINEERING TESTING we make no representation and assume no responsibility to any other parties regarding such content. i LOG 'OF BORINGS PROJECT: 75-162 Lot 2, Block 1, Bluff Creek Highlands 2nd Addition Chanhassen, Minnesota BORING: B-1 LO(fATION: BORING: SURF. ELEV: See Attached Sketch SURF. ELEV: _ 100.2* ASTM DATE: _7/2/_75 SCALE 1"=4` -7-LOCATION: )epth Description of Materials VJL Depth Description of_Materials WL SILTY CLAY to CLAYEY SILT, CL *Surface elevation referered light brown, to center of cul-de-sac, wet, elevation assumed = 100.0. (Alluvium) 7 SAND, medium grained, with some medium to coarse gravel, brown,. moist, (Outwash) 22 -- SAND - - - — — - -- — fine to medium grained, with some fine to medium 25 gravel, brown, moist Water level not encountered when probing boring immediately after with- drawal of auger. * (Outwash) SP a UL6GKIP i IVL -i ERMINOLOGY PARTICLE SIZE IDENTir-i CATION SOIL INTRUSIONS boulders over 3" THICKNESS RELATIVE PROPORTIONS, Gravel Ichse 0 — 1 /8" with a few 0 — 10°� Coarse 1" 31, scam 1 /II" — 1" with some 11 — 20% Medium 1/2" — 1" layer 1" — 12" with over 20% Fine No. 4 — 1 /2" varved alternating seams or Sand lenses of clays and Coarse No. 4 — No. 10 silts in lake deposit Medium No. 10—No. 40 Fine No. 40- No. 100 MOISTURE CONTENT ORGANIC CONTENT Very Fine No. 100 — No. 200 Silt No.200 — .005 mm Dry _ less than 5% 0 —5% non to slightly organic Gay less than .005 mm Moist under optimum moisture 6 — 10% slightly organic V1'et over optimum moisture: 11 — 25% organic Waterbearing saturated sand 2G — 65% muck 65+ peat RELATIVE DENSITY OF CONSISTENCY OF PLASTICITY OF: SOILS WITH COHESIONLESS SOILS COHESIVE SOILS LESS THAN 20°ia CLAY very loose 0— 4 BPF very soft 0 — 1 BPF non plastic gritty, cannot thread loose 5— 10 BPF spft 2— 3 BPF :slightly plastic rough to smooth, medium dense 11 — 30 BPF rather soft 4 — 5 BPF hard to thread dense 31 — 50 BPF medium• 6 — - 8 BPF plastic smooth to waxy, very dense 50+ BPF rather stiff 8 — 12 BPF easy to thread stiff 13 — 16 BPF very stiff 17 — 30 BPF .hard 30+ BPF RELATIVE PROPORTIONS OF GRAVEL LABORATORY TEST'S a trace 0— 5% DD Dry Density, pcf OC Organic Content, % a little 6 — 15% WD Wet Density, pcf 5 Percent of Saturation, % sorrre 16 — 30% MC Natural Moisture Content, % SG Specific Gravity and 31 —50% LL Liquid Limit,% C Cohesion PL Plastic Limit; % 0 Angle of Internal Friction PI Plasticity Index, % qu Unconfined Compressive Strength DRILLING NOTES: Standard penetration test borings were advanced by 2%" or 3X" I.D. hollow -stem augers unless noted other- wise. Jetting water was used to clean out auger prior to sampling only where indicated on logs. Standard penetration test borings are designated by the prefix "ST" (Split Tube). Power auger borings were advanced by 4" or 6" diameter, con tin uous•flite, solid stem augers. Soil classification and strata depths are inferred from disturbed samples au_nered to the surface and are therefore somewhat approximate. Power auger borings are designated by the prefix "B". Hand probings were advanced manually with.a 1%" diameter probe and are iinzited to the depth from which * the probe can be manually withdrawn. Hand probings are indicated by the prefix CLASSI F1 CATION: Classification on logs is made by inspection in accordance with the Unified Soils Classification System (see attached chart) using visual -manual procedures unless noted otherwise. GROUE1.113 WATER: Observations were made at the times indicated. Porosity of soil strata, seasonal weather conditions, site - topography, etc., may cause changes in the water levels indicated on the logs. SAMPLING: All samples are taken with the standard 2" O. D. split -tube sampler, except where noted. TW indicates thin- -wall undisturbed sample. BPF: -' Numbers indicate blows per foot recorded in standard penetration test, also known as "N"value. The sampler is set 6" into undisturbed soil below the hollow -stem augur. Driving resistances are then counted for second and third 6" increments and added to gat BPF. Where they differ significantly, they are reported in the .following form — 2/12 for the second and third G" increments respectively. WH: WH indicates that sampler penetrated soil under weight of hammer and rods alone, driving not required. NOTE: All tests run in accordance with applicable ASTM standards. ENGINEE;RIN.G TESTING, J _ UNIFIED SYSTEM CLASSIFICATION OF SOILS FOR ENGINEERING ASTM DESIGNATION D-2487 Major Divisions O Ln N o V) cEn En �En s` ro C5 O. L c � Li E 0 e� O Ln a a 4- > o O c7 Ln N U — ro o > E z i � C tD O N O S_ O O a) Ln U C r t N > Cl) ro ro' 4-3 s` LL Ls L-c> O O N O U N Ln ro ch .0 s C c ro I'do L/) v z SN.. Ln S- O Ln 0 U Ln Q Ln = ae aLO •r J Ln rov CU ro U Ln Lo+.+L0 U E C ro (0-0 L. � (3) +) Cr +) r•- ro J N (/) S. O) Group Typical Symbols Names PURPOSES Classification Criteria Well -graded gravels and Cu = D80 / D10 Greater than 4 GW gravel -sand mixtures, (D30)2 little or no fines CZ = D10 x Deo Between 1 and 3 Poorly graded gravels and GP gravel -sand mixtures, Not meeting both criteria for GW little or no fines GM Silty gravels, gravel- sand -silt mixtures Atterberg limits plot below "A" line or Atterberg limits plot - plasticity index ting in hatched area less than 4 are borderline Clayey gravels, gravel- Atterberg limits plot "A" classifications re - GC sand -clay mixtures above line and quiring use of dual plasticity index symbols greater than 7 Well -graded sands and Cu = D60 / D10 Greater than 6 SW gravelly sands, little (Dgn)2 or no fines — Cz — D10 xD60 Between 1 and 3 Poorly graded sands and SP gravelly sands, little Not meeting both criteria for SW or no fines Silty sands, sand -silt Atterberg limits plot below "A" line or Atterberg limits plot - SM mixtures plasticity index less ting in hatched area than 4 are borderline clas- Clayey sands, sand -clay Atterberg limits p of "A" sifications requiring SC mixtures above line and use of symbols plasticity index greater than 7 Inorganic silts, rock flour, silty or clayey ML fine sand Inorganic clays of low to medium plasticity, grav- 60 CL elly clays, sandy clays, silty clays, lean clays 50 Organic silts and organic OL silty clays of low 40 plasticity Inorganic silts, micaceous 30 M or diatomaceous silts, elastic silts 20 Inorganic clays of high CH plasticity, fat clays 1g OH Organic clays of medium to high plasticity Plasticity chart For classification of fine- grained soils and fine fraction Of coarse -grained soils. Atterberg limits plotting in hatched area are borderline CH classifications requiring use of dual symbols. Equation of A-lin PI = 0.73 (LL-20 CL ,.-r IE -- '— —�' '91P r 4 00 lu eu Ju 4u bu bU io BO 90 100 Liquid limit Highly organic soils Pt Peat, iiiuck and other highly organic soils Visual -manual identification RRAUII� ENGINEERING TESTING OLUTION B� GPI Q �4 ZZ Q yy r 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE6kP 0 BOX 1470CHANHASSEN, MINNESOTA 55317*(612) 474-8885 PLANNING REPORT DATE: September 30, 1975 TO: Board of Adjustments and Appeals and James M. Sulerud, Petitioner FROM: Bruce Pankonin, City Planner REF: City Ordinance #47, Section 22.02 Background 1. On June 5, 1972, the Chanhassen Village Council accepted and approved the plat of Bluff Creek Highlands Second Addition. By accepting said plat, the City has certified that all created lots (4) are buildable and legal parcels. 2. The property under consideration, Lot 2, Block 1, Bluff Creek Highlands Second Addition, is zoned . R-1 Single Family Residence. Within the R-1 use district, a front yard of 30 feet is required by Ordinance 47. 3. The Board of Adjustments and Appeals shall have the power and duty of hearing and deciding, subject to review by the Council in each case, appeals or requests in the following cases: a. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this ordinance. b. To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. The Board of Adjustments and Appeals shall not recommend, and the Council shall not grant, a variance unless they find the following facts: a. That there are special circumstances or conditions affecting the land, building or use referred to in the application for the variance. b. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. C. That the granting of the application will not be materially detrimental to the public welfare or injurious to property in the area adjacent to the propperty for which the variance is sought. d. That the grant of the variance will be in keeping with the spirit and intent of this ordinance. The Board of Adjustments and Appeals in recommending, and the Council in granting, a variance may impose conditions to insure compliance and to protect adjacent properties. The Board of Adjustments and Appeals and the Council shall not permit as a variance any use that is not permitted under this ordinance for property in the zoning district where the land which is the subject of the variance appli- cation is located. Pfc�i-i t i nn 1. Applicant: James M. and Cheryl A. Sulerud 2512 Chicago Avenue South Minneapolis, Minnesota 2. Legal description and address of property under consideration: a. Lot 2, Block 1, Bluff Creek Highlands Second Addition b. 740 Vogelsberg Trail Chaska, Minnesota 55318 3. Request: Front yard setback variance of twenty (20) feet. Planner's Comments 1. The property under consideration has unique physiographic problems associated with the drainage course of Bluff Creek and the proximity of Vogelsberg Trail to the Creek. 2. Based upon personal inspection of the subject property, in consultation with the Building Inspector, the positioning of the house, as proposed, is probably the only buildable site on the subject property to get an adequate drain field. Planner's Recommendation Approve variance as requested because of the following reasons; 1. Serve topography in rear yard; 2. "Insufficient" front yard debt; and 3. the necessity to construct workable onsite septic system. CITY OF CH9N8ASSEN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: October 12, 1975 TO: City Council FROM: Board of Adjustments and Appeals SUBJ: Mr. James M. Sulerud Variance Request The Board of Adjustments and Appeals met on the site on October 9, 1975 at 6:30 p.m. The following members were present: Frank Kurvers, Tom Noonan and Willard Johnson. ACTION TAKEN: A motion was made by Frank Kurvers and seconded by Willard Johnson to deny the 20 foot variance request because of the steep slope and the poor soil condition. It appears to be all fill and sand. We also questioned the drain field location and its workability. Motion unanimously approved. A motion was made by Willard Johnson and seconded by Frank Kurvers that in the event he gets Soils Engineering's Certification, our City Engineer would have to approve a drainage and soil erosion plan. The City Attorney is to draft a no liability clause if the house should slide down the hill. If he so chooses to go ahead with this, we feel it is his responsiblity to pay for all of the above consultant fees. Motion unanimously approved. DISCUSSION: One neighbor was present and told about the hard time he had keeping his yard from washing out. Frank Kurvers Secretary CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF PRE; IMIN All: Y IM1'ROVEMAENT HEAIUNG Srn, IE rn -r' C LESOTA ) .. .. �llalx, oC l�it�4� . C OUNr"j.'Y Oa CARV"ER' BARRY R. BROOKS being first duly Sworn, on oat, deposv:� and says that he z-s and was On Sept. 30 lg 75 ,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 or. a Board of Adjustments and Appeals Hearing on Jim Suler`urd variance request, Lot 2, Block 1, Bluff Creek Highlands improvex—nent in Second Addition the City to.the owner of'. each parcel within the area proposed to be assessed for said improva:nert as set forth in said notice,, by enclosing a copy of said notice in an enveiopa addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid ti"lereon; that .the names and addresses of suc.j owners were those appearing as such by the records of- the County Treassura Of Oarver County, .Minnescta..znd.bv. other azoroDriate racnr4s. ......... .........-,..-....- CLERK° Subscribed and sworn to before me this � day 1<; .Y. ryL cdGEl:l tIST� Y t�U 3LIC IVI.S�sQTA• a�* {+r'GtVER C0UNji1F I I l4e, nitN4Otary p b,, �Rim s is; t x i a 1ari; 90 1'�81 a ryf`Ti+/i'i`�Vrd�vY!� �tM CI`1'Y OF CHANHASSEN NOTICE OF HEARING BEFORE T11E BOARD OF ADJUSTMENTS AND APPEALS An appeal has been filed with the Zoning Administrator for a variance of Ordinance No. 47. The Board of Adjustments and Appeals will conduct a hearing of this appeal on Thursday, October 9, 1975 at 6:30 p.m. at the site. APPLICANT• James M. and Ceryl Sulerud LOCATION: Lot 2, Block 1, Bluff Creek Highlands Second Addition PLANS• to construct a house not less than ten (10) feet from the front property line. All interested persons may appear and be heard at said time and place. BY ORDER OF THE BOARD OF ADJUSTMENTS AND APPEALS /s/ Bruce Pankonin City Planner Mr. & Mrs. James Sulerud 2512 Chicago Ave. South Minneapolis, MN 55404 Mr. John Phillips Rt. 1 Box 80-1 Chaska, MN 55318 Mr. Leslie Bridger Rt. 1 Box 80-3 Chaska, MN 55318 Mr. Steven Pauly Rt. 1 Chaska, MN 55318 Mr. James Pederson Rt. 1 Chaska, MN 55318 Mr. George Burshek Rt. 1 Chaska, MN 55318 Mr. Allen Rothe 7709 Glasgow Drive Edina, MN 2512 Chicago Avenue South Minneapolis, Minnesota 55404 September 25, 1975 Board of Adjustment and Appeals c/o Bruce Pankonin, City Planner City of Chanhassen Chanhassen, Minnesota 55317 Dear Bruce, Attached is our application for a set -back variance. We would like a hearing at your earliest possible convenience. An examination of the records at the County Treasurer's office shows the following parties to be owners within 300 feet of our property: John and Justine Phillips Rte. 1, Box 80-1 Chaska, MN 55318 Leslie and I. Bridger Rte. 1, Box 80-3 Chaska, MN 55318 Steven Pauly Rte. 1 Chaska, MN 55318 James and Susan Pederson Rte. 1 Chaska, MN 55318 George B. Burshek Rte. i Chaska, MN 55318 Allen Rothe 7709 Glasgow Drive Edina, MN Sincerely, f �!L f�LVd�� co �% ct 9� SEP 1975 �E'CE[VE'p v MLAGE of CN CNANHABSSN, G Regular City Council Meetiag,�October 20, 1975 � �6- City Attorney as to the pr., 3dure that should be foil ,Nad IJ arriving at a satisfactory alignment for the road. It appears that the most effective medium in order, to get a. free flow of inforatmion on where this road should be, public imput from Klingelhutz, Kurvers, Hanus, Apple Valley should be gathered to be held at the Planning Commission level. The Planning Commission would come to the Council with a recommendation. The Council either going along with the Planning Commission's recommendation possibly giving it approval and then hawing Hanus proceed with the design of his PUD. The City Attorney stated he sees'no objection to the Council at this time, including Mr. Kurvers and Mr. Klingelhutz, taking action to send it down to the Planning Commission for study. A motion was made by Councilman Neveaux and seconded I Hobbs to refer this matter to the Planning Commission. voted in favor: Mayor Klingelhutz, Councilme n Hobbs, No negative votes. Motion carried. j + A 1 y Councilman The following Neveaux, and Kurvers. The City Attorney will inspect the railroad p mperty for debris and report at the next Council meeting. HANUS BUILDING -- WEST 78TH STREET: The City Attorney gave a report on 'Mr. Hanus compliance with the conditional use permit. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the outside storage be removed no later than 6:00 p.m. November 17, 1975, including the outside storage by the tenants. The parking lot striping be deferred until spring. The fence be fixed forthwith. If these conditions are not met by November 17, 1975, this will be turned back to the City Attorney to investigate what possible legal action he would recommend taking including a court order compelling the compliance with terms of the conditional use permit. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. The Acting Administrator will send a copy of this portion of the meeting to Mr. Hanus. VARIANCE REQUEST JIM SULERUD: The property is Lot 2, Block 1, Bluff Creek Highlands. Mr. Sulerud stated he had purchased the lot knowing there would be difficulty and that it would take special building considerations. He requested that the Council grant a variance subject to the City Engineer's acceptance of his building plans and further comments from Braun Engineering on soil stability and suitability of the building plans to the lot. Mr: Sulerud is requesting a 20 foot front yard variance. The Board of Adjustments and Appeals met on the site on October 9, 1975, and recommended denial of the variance but in the event he gets Soils Engineering's Certification, the City Engineer would have to approve a drainage and soil erosion plan. The City Attorney draft a no liability clause if the house should slide down the hill. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to grant a variance subject to the City Engineer's acceptance of the building plans and further comments from Braun Engineering. The City would have no liability in case the house slides down the hill. The