76-01 Variance 9241 Lake Riley BlvdMEMO
TO: Mayor and City Council
FROM: City Administrator, Don Ashworth
DATE: April 19, 1976
SUBJ: Variance Request - Ed Hjermstad, (9241 Lake Riley Blvd.)
Mr. Hjermstad had a fire at his residence located at 9241 Lake
Riley Blvd. this past winter which destroyed a majority of the
structure. The existing structure was a non -conforming use
under the zoning ordinance. Mr. Hjermstad is now proposing
to rebuild on the site and to do so, Mr. Hjermstad has made
application for two variances from the zoning ordinance:
1). A front yard setback of 30 feet is required in an
R-1 district. Mr. Hjermstad is proposing a 10
foot setback or a 20 foot variance.
2). A side yard setback of 10 feet on each side is
required in an R-1 district. Mr. Hjermstad is
proposing a 5 foot setback on the east property
line.
The Board of Adjustment and Appeals has heard the variance
request and has voted to deny such on the grounds that:
1). The lot is too small.
2). We felt a sewer system would not work because half
of the lot is very low.
3). The house he is proposing is too large for the lot.
4). We really didn't know where the property line stakes
are.
5). We also took into consideration the Planner's report
dated March 23, 1976, numbers 3 and 4. (3 and 4 relate
to the non-conformance to the 30 foot setback requirement
and the 10 foot side yard requirement).
This office believes that the setback requirements in the ordinance
are specific. Further, the purpose of stating what constitutes a
non -conforming use and the requirements for rebuilding after a
majority of a structure has been destroyed have been established to
provide a means by which non -conforming uses can be brought into
conformance. The previous structure was allowed to exist in a
Mayor and City Cout.-il -2-
April 19, 1976
non -conforming state and, as such, has less restrictive requirements
than would be placed on a new structure. At this point, the
applicant is proposing a new structure, and as such, this office
cannot recommend approval of a variance from the requirements placed
on other residents within the city.
,-,IOuUTION A
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE9P.O. BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885
STAFF MEMORANDUM
DATE: April 28, 1976
TO: Don Ashworth, City Administrator
FROM: Bruce Pankonin, City Planner
SUBJ: Hjermstad 'Variance
In addition to variances listed in my Planning report dated
March 23, 1976, I believe it will be impossible for Mr. Hjermstad
to meet the septic tank location provisions as outlined in
ordinance 45, Section 2.05. This section states: "no portion
of any individual sewage disposal system shall be installed
within 125 feet of the high water elevation of any lake or stream."
As you know, the lot is only 110 feet deep from the road
lake shore and part of the lot is very low, which in all
is included within the flood plain of Riley Lake.
to the
probability,
,,,10�-UTION p.
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE9P.O. BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885
DATE: April 1, 1976
TO: City Council and Ed Hjermstad, Petitioner
FROM: Bruce Pankonin, City Planner
SUBJ: Variance Request, Planning Case VAR 76-01
Attached hereto please find the following background information
regarding Mr. Hjermstad's variance request:
1. Application for Consideration of Planning Request.
2. Mr. Hjermstad's letter dated February 5, 1976.
3. Notice of Public Hearing.
4. Affidavit of Mailing, dated March 8, 1976.
5. Site Plans.
6. City Planner's report, dated March 23, 1976.
7. Board of Adjustments and Appeals Recommendation dated March 25, 1976.
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 553179(612) 474-8885
MEMORANDUM
DATE: April 1, 1976
TO: Mayor and City Council
FROM: Bruce Pankonin, City Planner
SUBJ: Sign Committee
As you know, the Sign Committee has been working very diligently
on a myriad of sign related problems, including but without
limitation to:
1. Quantifying all real and imagined problems with
Ordinance 36, 36A and 36B;
2. Developing signage goals, policies and development
standards;
3. Developing a City wide notational graphics plan;
4. Designing specific thematics of the notational plan;
and,
5. Revising Ordinance 36.
Attached hereto please find the second draft of the proposed
Sign Ordinance. Craig Shulstad will bring you up to date on the
status of the ordinance revisions and other sign related matters.
CITY OF CHANHASSEN
OF HEARING BEFORE THE BOARn r)
" w z' AND APPEALS
An appeal has been filed with the Zoning Administrator for
a variance of Zoning Ordinance No. 47. The Board of Adjustments
and Appeals will conduct a hearing on this appeal on Wedn�_
March
1976 ,
All interested
persons may appear and be heard at said time and
Place.
APPLICANT: Edward Hjermstad, 7617 Frontier Trail
PLAN•
Site Addra... . Chanhassen
S
9241 Lake Riley Blvd., Chaska
M, MN
r. Hjermstad is re
uestin a 20
setback requirements
and 5 feet from RiAl
iepuild a 1_rd=yuirel
home destroyed by fire at the
above address.
persons may appear and be
heard at said time and place.
MN
55318.
Yard
is to
All in
RECEIVED
VILLAGE OF
CHANHASSEN,
MINN.
Board of Adjustments and Appeals
March 25, 1976, 6:30 p.m.
Ed Hjermstad Variance Request
The Board of Adjustments and Appeals meeting was called to order
on March 25, 1976 at 6:30 p.m. at the site on Lake Riley Blvd.
The purpose of the meeting was to consider a variance request
from Ed Hjermstad to rebuild a home that was destroyed by fire.
The following members were present: Tom Noonan, Frank Kurvers
and Donald Schmieg.
Much Discussion was held. There were three interested persons
present. One of them felt the lot was too small without sewer.
A motion was made by Donald Schmieg and seconded by Frank Kurvers
to disapprove the variances requested by Mr. Hjermstad for the
following reasons:
1. The lot is too small.
2. We felt a sewer system will not work because half of the
lot is very low.
3. The house he is proposing is too large for the lot.
4. We really didn't know where property line stakes are.
5. We also took into consideration the Planner's report
dated March 23, 1976, Numbers 3 and 4.
Members voting in favor of motion: Frank Kurvers and Donald Schmieg.
Tom Noonan abstained because he knew Mr. Hjermstad too well.
Frank Kurvers
Secretary
.,IOLUTION p.
1776-1976
CITY OF
CHANBASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885
MEMORANDUM
DATE: March 23, 1976
TO: Board of Adjustment and Appeals and Ed Hjermstad, petitioner
FROM: Bruce Pankonin, City Planner
SUBJ: Variance Request, Planning Case VAR 76-01
Attached hereto please find the following background information
regarding Mr. Hjermstad's variance request:
1. Application for Consideration of Planning Request
2. Mr. Hjermstad's letter dated February 5, 1976
3. Notice of Public Hearing
4. Affidavit of Mailing, dated March 8, 1976
5. Site Plans
6. City Planner's report, dated March 23, 1976
IWI
P�JO`U ON
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE9P.O. BOX 147*CHANHASSEN, MINN ESOTA 55317o(612) 474-8885
PLANNING REPORT
DATE: March 23, 1976
TO: Board of Adjustments and Appeals
Ed Hjermstad, Petitioner
FROM: Bruce Pankonin, City Planner
SUBJECT: Variance Report, Planning Case VAR 76-01
BACKGROUND:
1. Function of the Board of Adjustments and Appeals: The basic
purpose of the Board of Adjustments and Appeals is to provide
a means of appealing an order of the Zoning Administrator and
also to hear variances to the Zoning Ordinance.
Since the Board serves in a quasi-judicial capacity and its
decisions can have far reaching effects on both public and
private property rights, it is important that the members have
a thorough knowledge of the zoning administrative process as
outlined below.
Variances. Basically, a zoning variance is a modification to
the terms of the Zoning Ordinance in order to provide relief
to the property owner in those cases where the ordinance imposes
undue hardship or practical difficulties to the property owner
in the use of his land. The hardship, however, must not have
been created by the action of the landowner.
From my standpoint there are two types of variances - the bulk
or area variance and the use variance. The bulk variance deals
TH thmodifications in area requirements such as lot width, depth
or set back requirements. The use variance is an authorization
of land use in a district that differs from the land uses normally
allowed in that district. It should be emphasized that many
planning professionals, including myself, are opposed to use
variances for a number of reasons. For one, the issuance of a
use variance is likely to create a monoply situation in a
particular land use district. Second, if too many use variances
are issued, by the elected officials, it will seriously weaken
the zoning and planning process.
I-) 'I-)
Board of Adjustments and Appeals -2- March 23, 1976
The issue to be discussed by the Board is not a use variance but
rather a classic example of a bulk or area variance.
3. The property under consideration is zoned R-1, which requires a
minimum lot size of 15,000 square feet. As shown in the petitioners
request, the lot area is only 5500 square feet; this is variance
number 1. Secondly, Ordinance 47, in Section 7, subsection 7.05
requires a lot width of 90 feet at the set back line. As shown
in the petitioners request only 50 feet exist at the building
set back line; this is variance request number 2. In addition
to area requirements and minimum widths, a front yard set back
of 30 feet is required. As shown in the petitioners exhibits,
only 10 feet is proposed for the front yard; this is variance
request number 3. Also, Ordinance 47 requires a 10 foot side
yard set back. As shown, by the'.petitioner a 5 foot side yard
set back is proposed for the "east" property line; this is
variance request number 4. And finally, Ordinance 45 states in
Section 2.03 "no building permit shall be issued for residential
construction on any lot or tract of land in an existing platted
area which is not served by the Village (City) sanitary sewer
system unless the lot or tract of land shall contain at least
thirty thousand (30,000) square feet, shall have a front yard
of not less than thirty (30) feet, a side yard of not less than
ten (10) feet, and a rear yard of not less than thirty (30)
feet. For the purposes of this section an existing platted
area shall include registered land surveys. Any permit issued
under this section shall be limited to single family residential
construction." As shown above only 5500 square feet is contained
in the subject property; this is variance request number 5.
Because of the size and shape of the property under consideration,
the original structure was considered a non -conforming use.
Since the original structure was destroyed more than 50%,
according to the Building Inspector's estimate, all new use of
the property must conform to all provisions of City Ordinances,
hence the heretofore mentioned variances.
PLANNER'S COMMENTS:
Since the Board's function is quasi-judicial in nature, the Planner
should not give recommendation on the variance request, but rather
point out only the facts of the planning consideration.
,\10\-UTION p
T
�2
r
1776-1976
CITY OF
CHANBASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885
March 11, 1976
Dear Citizen:
After sending notification that Ed Hjermstad's variance request
for his lake cottage on Lake Riley will be considered on March 24,
1976, I found that Mr. Hjermstad will be unable to attend this
hearing. Therefore, I have changed the date of the Board of
Adjustments and Appeals hearing to Thursday evening, March 25,
1976, 6:30 p.m. at the site.
All interested persons may appear and be heard at this time.
Sincerely yours,
X&642/ A4e"X-
Bruce Pankonin
City Planner
A 'FIDAVIT OF MAII.NG NOTICE OF
PRELIMINARY IMPROVcMENT HEARING
STATi: OF MINNESOTA ) .
COUNTY OF CARVER' }
GERALD W. SCHLENK
and says that he is and was on MARCH 8,
being first duly sworn, on oath dcnosas
', 1976 , 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 notica of hearing on a
Ed Hjermstad's Board of Adjustments and Appeals Meeting improva;nantin
the City to the owner oLeach parcel within the area proposed to be assessed for said
improvement as set forth in said notice, by encloping a copy of said notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such
I
owners in t'-a 'United States mails with postage fully prepaid thereon; that the. ru: ;es and
addresses of such owners were those appearing as such by the records of the County
Treasura. of Carver County, Minnesota._and bv. other anurooriate racards_ ..._.
GERALD W. SCHLENK• '
Subscribed and swornto
befGre ma thi —� day
G` 19,
NO" ublla :;i r r rvJv rv'rnriV v'r aVVV4'Y'Wtl@tlV
&( Mr.- Ed Hjermstad Mr, Thomas Noonan
-7617 'Frontier Trail 6231 Elm Tree Ave.
Chanhassen, MN 55317 Excelsior, MN 55331
Mr. Adolph Tessness Mr. Willard Johnson
Box 127 1660 W. 63rd St.
C
Chanhassen, PIN 55317 Excelsior, MN 55331
Mr. Dan Colich
'a 9217 Lake Riley Blvd. /
Chaska, MN 55318 SIP
Ms. Donna Tottenham r
9223 Lake Riley Blvd. '
Chaska, M14 5-318
y IVry11` x
e
Mr. Ronald Ytzen
9227 Lake Riley Blvd.
' Chaska, MN 55318 4o�
Mr. Arthur Wethel
9239 Lake Riley Blvd. �' ✓ sk
Chaska, MN 55318 "
Mr. Charles Davidson
9241 Lake Riley Blvd.
Chaska, MN 55318 4' fir. Gene Susemiehl
9245 Lake Riley Blvd.
Chaska, MN 55318
Mr. Donald Lundvall
9249 Lake Riley blvd.
Chaska, MN 55318
Current Resident
9247 Lake Riley Blvd.
Chaska, MN 55318
r n
fir. Frank Kurvers
7220 Chanhassen Road r`
Excelsior, MN 55331
a„
t
CITY OF CHANHASSEN
NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENTS AND APPEALS
An appeal has been filed with the Zoning Administrator for
a variance of Zoning Ordinance No. 47. The Board of Adjustments
and Appeals will conduct a hearing on this appeal on Wednesday ,
March 24, 1976 6:30
at _ P•m• at the site.
All interested persons may appear and be heard at said time and
place.
APPLICANT: Edward Hjermstad, 7617 Frontier Trail, Chanhassen, MN
PLANS: Site Address:
9241 Lake Riley Blvd., Chaska, MN 5537R
Mr. Hjermstad is requesting a 20 footvariance from front yard
setback requirements and 5 feet from side yard requirements to
rebuild a home destroyed by fire at the above address. All
Persons may appear and be heard at said time and place.
95
-24-
VARIANCE PETITION CASE NO
CITY OF CHANHASSEN
CARVER AND IIENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Applicant:
Name:
r
VAR. G-G�
Date of Application
Fee Paid 35 Date yljy�G
Received by
tia
Address: 7617 Frontier. Trail Chanhassen Minnesota 55317
Number and Street City State Zip Code
Owner
Name: Hjermstad, Edward
Last First Initial
Address: 7617 Frontier Trial Chanhassen Mn 55317
Number and Street City State Zip Code
Address of Property in question:
9241 Lake Riley Blvd.
Legal description of property in question:
Lot 37, Shore Acres
Present zoning of property: R-1 Residential
Present use of property: R-1"Residential
Proposed use of property: R-1 Residential
-25-
The EollowincJ documents shall be attached to this application:
Date Received Initial
1. Sketch Plan —March 4._1,976 GWS
2. Abstractors Certificate _-.March-4t 1976 _GWS_
3. Fee Paid --March 41_ 1975 _ KJ_E_
I hereby declare that all statements made in this application and on
the attached documents are true, and that I shall reimburse the City
of Chanhassen for all City expenses incurred in processing this.
gnature
Signature of Owner
y��
Date
Clerk-Adm. March 4, 1976
Received by Title Date
(Following to be completed by Zoning Administrator or. City official)
----
- -- ----
—'— --
— -
Date ---
By
ng by ---
ustments and Appeals
rdTa—cent
Mare �b
ustments and Appeals
—
perty owners notified
--
iPublic Hearing --- - --- ---
a� /y
— -
(Application on Council Agenda
I_
;Council postponed tc
------
'ouncil Action
A variance request of 5 feet on side yard requirements and 20 feet front
yard setbacks.
-26-
BOARD OF ADJUSTMENT AND APPEALS
On this day of , 19 , this variance
action was recommended for (-approval , disapproval.) for the
following reasons:
Chairman of Board of A justments and Appe
Action by City:
On this day of , 19 , the Chanhassen
City Council, Carver and Hennepin Counties, Minnesota (approved),
(disapproved) this variance petition for the following reasons:
By Order of the Chanhassen
City Council
mayor
Attest:
City A inistrator
'l
7617 Frontier Trail.
Chanhassen, Minn. 55317
February 5, 1976
City of Chanhassen
Chanhassen, Minn. 55337
Gentlemen:
Recently my cottage on Lake Riley situated on Lot Thirty—seven (37) of "Shore
Acres" according to tie plat thereof on file and nf record in the office of
the Register of Deeds ir, and for Carver County, Minnesota) was destroyed by fire.
It is my intention to rebuild on Lot Thirty—seven (37), The proposed structure
will be a three (3) bedroom year arolind residence which I and my family will
reside in.
I am attaching some preliminary sketches of the home,I world like to build. I
believe it will be an attractive addition to the area and will contribute to an
upgrading of the realestate values of the neighborhood.
In order to build this home, I will need two (2) variances from the present
zoning ordinance in effect in this area..
(1) The present ordinance calls for a 30 "0" set beck from the common property
line with the street. I am requesting that this be reduced to 10-01 . The
majority of the homes on this road presently rx e closer to the road than 301-0"
and some less than the 10'-0" I am requesting. I believe this will be in keep—
ing with the pattern in the neighborhood and will cause no problem. A two (2)
ear garage has been included which will eliminate the parking problem with a;
short driveway.
(2) The Present ordinance also calls for a 10'-0" side yard on both sides of the
property. I intend to provide a. 10'-0" set back to the Fast, but am requesting
a variance from this 10'-0" requirement an the West property line. The cottage
which has burned was bolt 5'-0" from the Vest property line and during the
many years of its e_cistance proved to be ro ha-dship for either the neighbor to
the Yest or other residents. Also the prorert.:- owner to the Hest has two (2)
lots, with a frontage width of 100'-0". His home is in the center of this 100'-0"
property which will leave a greet deal of space between the two homes,
I would like to start this rebuilding project during the 1976 building season and
will appreciate your early decision on this matter.
I will be pleased to submit additional informetior as well as appear at your
hearings to answer any questions either you or the citizens may have.
Thank yot for your consideration,
Sincerely yo rs,
Fdward H.le stad
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FACT SHEET
Morehouse- McDonald
HANDS PROPERTIES
510 West 7 8 th S t . 12300 W. 78TH ST.
Chanhassen, Minn. EDEN PRAIRIE, MINNESOTA 55343
The subject property is Commercial -Industrial in nature and consists
of a complex of buildings as per the attached sketch.
Lot Size: 183' X 283'
Building Dimensions: As per attached sketch = approx. 18,000 sq.ft.
City sewer and water: Balance of assessments to be paid by Seller,
or subject to negotiation based on sale price.
Heavy duty wiring: 3 phase 440 & 220
Taxes: $4,400.00
Maintenance costs: Annual $3,000.00 to $4,000.00
Current Tenants:
Monthly Rental
Chanhassen Electric
$300.00
O'Neil Engineering
150.00
Scientific Machine
450.00
Dabbs Furniture Repair
600.00
Chanhassen Auto Parts
550.00
Jerry's Frame Shop
400.00
Exterior Systems
100.00
Hanus Body Co.
600.00
$3,150.00
Gross Rental Income: $37,800.00 Annual
Buildings' estimated loan value ............. $197,000.00
Market asking price 285.000.00
Information herein is supplied by the seller and is assumed to be
correct.
N. L- MCDONALO COMPANY PHONE: 941-1018
REALTORS
BOB MCDONALD, G.R.I.
REALTOR'
12300 WEST 78TH STREET A
IHWYS. 494.1691115 INTERCHANGE)
EVEN PRAIRIE. MINN. 55343
ROBERT B. 31OREIIOUSE
REAL ESTATE
12300 WEST 78TH STREET
EVEN PRAIRIE. MINN. 55343 WATERTOWN. MINN. 55386
941.3005 472-3636
/bj
HANUS PROPERTIES Morehouse -McDonald
510 W. t treet
Chanhassen, Minn. 12300 W. 78TH ST.
EOEN PRAIRIE, MINNESOTA 5n43
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Information herein is supplied by the Seller and
is assumed to be correct.
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