76-6 Variance 510 Pleasant View Road Planning FilewJo\-uTION
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1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE91P.O. BOX 147*CHANHASSEN, MINNESOTA 553170(612) 474-8885
PLANNING REPORT
DATE: May 19, 1976
TO: Board of Adjustments and Appeals
FROM: Bruce Pankonin, City Planner
SUBJ: Front yard variance request.
Petition:
The applicant is petitioning for a 4.4 foot front yard variance
so that he can construct a 12' x 28' addition to the existing
structure.
Community Location: 510 Pleasant View Road.
Existing Zoning: The property under consideration is presently zoned
R-1, Single Family.
a. Front Yard Required: 30 feet; 26.5 is proposed.
b. Side Yard:Required: 10 feet; 12 feet and 15 feet are
proposed on the west and east respectively.
C. Rear Yard: 30 feet.
d. Lot area: 30,000 square feet (Ordinance 45) because
sanitary sewer and water is not available. As shown
in the petitioners site plan, the subject property
contains 8,536. However, 15,000 square feet is required
by Ordinance. 47.
e. Lot Width: 90 feet Required; 55 feet exists.
Board of Adjustments and Appeals -2- May 19, 1976
Planner's Comments
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 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 and
petitioner have a thorough knowledge of the zoning administrative
process as outlined below.
2. 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
with modifications 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. Fore 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.
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. Because the property under consideration is zoned R-1, it
requires a minimum lot area of 15,000 square feet, and a 90 foot
lot width is required by ordinance, the subject property is defined
as a non -conforming use and is governed by the provisions of
Section 20, Ordinance 47, which states in pars:
20.02 Enlargement or Altertian,� No non -conforming use shall
be enlarged,altered or increased, or occupy a greater area
than that occupied by such use on the effective date of this
ordinance or any amendment thereto.
4. Since the Board's function is quasi-judicial in nature, the
planner should not give a recommendation on the variance request,
but rather point out only the facts of the planning consideration.
-24-
VARIANCE PETITION
CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIESf MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Ap$plication 1- / 7G
Fee Paid
ReceivedTy 06�yo
Applic nt:
Name:n 11 0 �1o�n, anti��n R,
Last F rst Initial
Address: 5iD-P)EDSan4 UI€u aacQ �Exr-ljSibr 5S331
Number and Street 1 City i State Zip Code
Owner
Name: 501rt,E-
Last C First Initial
Address:' c�Am5-�.
Number and Street City State Zip Code
Address of Property in question:
5l0-jf_asarrF Ui�u� Wo0el �XC-£,�Slvr. lriln 5533j
Legaal` description of (property tin question: i
hE. �E.S'+Er� ri�i 650) *$-4 oS LoT -rWEn+' - liuo
o� 4Fhs. `uas Erl 4t -ont Ana. -kLos-r-} Y�uy tLreAths C51.ao } o Loi- 6-9
e
11
u
Present zoning of property:jEc�fSn+ (U`;,k,o
Present use of property* d Ci r) f � tg
Proposed use of property`:, r7Pd;+fon oT 'D's, y �1 +0 JI Ynp � of k,)LkSa- 76
CJ ,C)C-rYor\%(iJ,,A ,e'1 �YN\ �i EY rn rs-:c ✓fit I /)h Yf.n r,n
-25-
The following documents shall be attached to this application:
Date Received Initial
1. Sketch Plan _ 7 4
2. Abstractors Certificate t 1 ` _?
3. Fee Paid
I hereby declare that all statements made in this application and on
the attached documents are true, and that I shall reimburse the City
Q,f Chanhassen for all City expenses incurred in processing this.
or Applicant
Signature or Owner
G
(Following to be completed by Zoning Administrator or City official)
CHRONOLOGY
Date
By
ublic Hearing by
oard of Ad'ustments and Appeals
S 0
Boar d of Adjustments and Appeals
postponed to
Adjacent property owners notzfied
? .a
Public Hearin
T b
Application on Council Agenda
Council postponed to
ouncil Action
BOARD OF ADJUSTMENT AND APPEALS
On thisC day o �. 19, this variance
`forapprovaaction wasrecommendedT va for the
following reasons:
.4- n I I ,I),itn n r\ f�
a
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 Administrator
,\IOLUTION p
T
ZZ
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE9P.O. BOX 1479CHANHASSEN, MINN ESOTA 55317*(612) 474-8885
I7IMTfi7; d F11u
DATE: May 19, 1976
TO: Board of Adjustments and Appeals
FROM: Bruce Pankonin, City Planner
SUBJ: Variance Request
Attached hereto, please find the following documents relative to Mr.
Enochson's variance request:
1. Application for consideration of Variance Request dated
May 1, 1976.
2. Site Plans.
3. City Planner's Report dated May 19, 1976.
CITY OF ChAl\ ASSS'N
AFFIDAVIT OF MAI.'..NG NOTICE OF
PRELIMINARY IMPROVEMENT HEARING
STATE OF MINNESOTA }.
COUNTY OF CARVER' )
being first duly sworn, or, oath daooses
and says that he is and was on MAY 10 19 76
,the duly qualified
and acting City Clark -Administrator of the City of Chanhassen, Minnesota; that on
said date he caused to be mailed a copy of tha attached notica of hearing on a
Board of Adjustments and Appeals Notice for John Enochso�-"
t ,c City to the owner of. each parcel within tiia area proposed to be assessed for said
inprovemart as set forth in said notice, by enclo.sing a copy of said notice in an
envalope addressed to such owner, and depositing the envelopes addressed to all such
owriars in the 'United States mails with postage fully prepaid thereon; that the ra:;;es and
addresses of such owners ware those appearing as such by the records of the County
Treasurar of Carver County, Minnesota... and bv. other aourooriatE, records.._ ,.
CLERK- I
Subscribed and sworn to
before me this day
Notary Public
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 Tuesday
May 20, 1976
at 6:30 p.m, at the site
All interested persons may appear and be heard at said time and
place.
APPLICANT: John Enochson, 510 Pleasant View Road
PLANS: Front yard variance of 4.4' to construct a new 12' x 281
addition to existing structure.
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Mr. John Enochson
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510 Pleasant View Road
Excelsior, MN 55331
Mr. GottfriedLoescher
520 Pleasant, View Road
Excelsior, MN 55331
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Mr. Harvey Robideau
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500 ,Pleasant View Road
Excelsior, MN 5.5331
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Mr. Wilford Goran
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Box 660
Excelsior, MN 55331
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Mr. Otto B10edOW-
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540 Pleasant View Road
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Excelsior, MN 55331
Mr. Gerald O'Brien
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450 Iroquois
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Excelsior, MN 55331
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Mr. Willard Johnson
1660 W. 63rd St.
Mr, Russell Knowles
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Excelsior,' MN 55331
6520 Iroquois Ave.
Excelsior, MN 55331
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Mr. Thomas Noonan
Mr. Dale Palmer
501 Iroquois
6231 Elm Tree Ave.
Excelsior, MN, 55331
Excelsior, MN 55331
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Mr. Louis Guerre
551 Iroquois
Excelsior, MN 55331
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Mr, Duane Hochhalter
449 Pleasant View Road'
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Excelsior, MN 55331
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Mr. Frank Kurvers'
7220 Chanhassen Road
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Excelsior, MN 55331