76-7 - Schimmelphinnig SUB pt 1CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING ON PROPOSED SUBDIVISION OF LAND.
Notice is hereby given that the Planning Commission of the City
of Chanhassen, Minnesota, will.meet on Wednesday, the 14th day of
July, 1976, at 8:30 o'clock p.m., at the City Hall, 7610 Laredo
Drive, Chanhassen, Minnesota, for the purpose of holding a public
hearing on a proposed subdivision of land for Dan Schimmelphennig
and involving the following described 10+ acre tract of land:
"The North 40 rods of the west 40 rods of the N.E.4
of the N.W.4, Section 2, Township 116, Range 23,
Carver County, Minnesota."
A plan showing said proposed subdivision of land is available
for inspection at the City Hall.
All persons's interested may appear and be heard at said time
and place.
BY ORDER OF THE PLANNING COMMISSION
/s/Bruce Pankonin, City Planner
Dated: June 17, 1976.
Publish in the June 24, 1976 edition of the Carver County Herald.
LAW OFFICES OF
,, am es , � en �er��Z
October 11, 1976
City of Chanhassen
7610 Laredo Drive
P. 0. Box 147
Chanhassen, MN 55317
Attention: Bruce Pankonin
354 SECOND STREET
EXCELSIOR, MINNESOTA 55331
PHONE (612) 474-3500
474-3646
RE: Our File No. 663-J
Dan Schimmelpfennig
How re you co ing with respect to my letter of September 8, 1976?
C dially yo s
James G Penberthy
JGP/' b
SOLUTION B
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP O. BOX 1476CHANHASSEN, MINNESOTA 55317*(612) 474-8885
PLANNING REPORT
DATE: July 28, 1976
TO: Don Ashworth, City Administrator
FROM: Bruce Pankonin, City Planner
SUBJ: Subdivision Plan
Background
Applicant: Dan Schimmelphennig.
Community Location: 10 acre parcel located on Teton Lane directly
north of Twin Hills Stables.
Existing Zoning: R-lA, Residential Agricultural (22 acre minimum
lots required).
Petition: To divide property under consideration into two parcels,
7z and 2-2 acres, respectively, as shown in the surveyors certificate.
Municipal Services: Sanitary sewer is in place on Lilac Lane and
in service to the subject property.
Comprehensive Plan Proposals:
1. Land Use: As shown in the City's Plan, the subject property
and environs are proposed to assume a low density residential identity.
2. Transportation:
a. Lilac Lane: Forms the subject property's northern
boarder is an existing city street located in the City of Shorewood.
b. Teton Lane: Forms the subject property's eastern
boarder is an existing private street used as local access to
parcels to the east and south of Mr. Schimmelphennig's property.
Mr. Don Ashworth -2- July 28, 1976
(This roadway is
As shown in the
roadway will be
is installed in
the only access
City Engineer's
upgraded to city
said Teton Lane.
Planner's Comments:
to the Twin Hills Stable operation).
report (dated June 16, 1976) this
standards when local sewer service
1. The two lots to be created meet or exceed the minimum lot
requirements of the R-lA, use district as defined in city ordinance 47.
2. As shown in the City Engineer's report, Teton Lane (existing
33 foot private road) will be upgraded to city standards (50 r/w)
when local sewer is installed to service properties to the south
of Mr. Schimmelphennig's property. The City Engineer is recommending
that Mr. Schimmelphennig dedicate to the city an 812 foot easement
along the entire length of the subject property for roadway purposes.
3. The official notice of public hearing was duly published
in the Carver County Herald on June 24, 1976, and adjacent property
owners were duly notified of said hearing, pursuant to city ordinance 47.
Plannin:; Commission Recommendation:
As shown in the July 14, 1976, Planning Commission minutes, the
commission made the following recommendation:
"A motion was made by Nick Waritz and seconded by Tom Noonan to
recommend approval of the Dan Schimmelpfennig land subdivision as
per Section 8.02, subdivision (i) of Ordinance 33, into one 7i acre
parcel and one 22 acre parcel with the provision that an 82 foot
easement be granted along the east side of the property that borders
on the private street of Teton. Motion unanimously approved."
(Note: Section 8.02, subd. (i) states):
Half Streets: Half streets shall be prohibited except where
essential to the reasonable development of the subdivision in
conformity with the requirements of this ordinance, and where the
Planning Commission finds that it will be practicable to require
the dedication of the other half of the street when the adjoining
property is subdivided.
Staff" Recommendation
Approve subdivision conditional upon the dedication of an 8, foot
easement as requested in the City Engineer's report dated June 16,
1976, and the City Planning Commission's recommendation dated July
14, 1976.
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON
RAYMOND J. JACKSON
WILLIAM J. EIREZINSKY
JACK E. GILL
FRANK V. LASKA
SCHOELL &, MAOSON, INC.
ENGINEERS ANO SURVEYOREI
[612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343
June 16, 1976
City of Chanhassen
c/o Mr. Bruce Pankonin, City Planner
P. O. Box 147
Chanhassen, MN 55317
Subject: Schimelphennig Sketch Plan Review.
Gentlemen:
We have reviewed the Schimelphennig proposal to subdivide
a 10-acre parcel into two (2) residential lots of approximately
7.5 and 2.5 acres. The property is bounded by 62nd Street on
the north and Teton on the east as shown on the attached sketch.
Existing 62nd Street is located entirely within a 33-foot
right-of-way in the City of Shorewood. In conjunction with the
North Area sewer and water project, Chanhassen acquired an addi-
tional 17-foot right-of-way easement on the subject property.
Teton is located in 33-foot wide.Tract C of R.L.S, 11. To
upgrade Teton to City standards, a total width of 50 feet will
be required. We recommend that the additional width needed he
acquired equally (8.5 feet) on each side of Teton.
Sanitary sewer and water is now available in 62nd Street.
The City comprehensive sewer plan indicates future placement of
utilities in Teton.
We recommend
owners dedication
the east property
WJBrezinsky:sjr
enclosure
approval of the sketch plan, subject to the
of an 8.5-foot wide right -of -'way easement along
line.
Very truly yours,
SCHOELL & MADSON, iNC.
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-50-
SUBDIVISION PLAN
CASE NO. SUB.
City of Chanhassen
Carver and Hennepin Counties, Minnesota
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application_ 6iKt /// A-
Escrow Paid Date 6
Received
Applicant
Name: Schimmel:�fenni,.i Dan J.
Last First InTtial
Address: Route 4, Box 965 Excelsior Minnesota 55331
Number and Street City State Zip Code
Owner: Schimmelpfennig Dan J.
Last First In t al
Address: Route 4, Box 965 Excelsior Minnesota 55331
Nu er and Street City State Zip Code
Address of property in question:
Route 4, Box 965
Legal description of property in question:
See attached Plat of Survey of F. C. Jackson
Present zoning of property: R-lA
Present use of property:_ agricultural, farming; raising stock
Proposed use of property: agricultural, farming, raisin(a stock
The following documents if appropriate shall be attached to this
application:
1. Sketch Plan
2. Preliminary Plat
3. Escrow Account
Date Received Initial
W
-51-
Date Received Initial
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 t shall reimb the City
for all expenses incurred in process' g th s applic n or sub-
division. ,
iAies
ran
e f l'icant
r er hy, -tM_�
for
aennic
i, i
Signat re ow r
James G. enbertby, 4ttorney for
Owner, an J. Schimmelpfennig
Date
R6 Pi
eceive y Title Da
(Following to be completed by Zoning Administrator or City Official)
CHRONOLOGY
DATE
BY
Sketch Plan on Planning'Commission A en a
Planning Commission Postponed to
Preliminary Plat on
Planning Commission Agenda*
Planning Commission Postponed to
-Newspaper Publication
`e
A acent Property Owners Notified
Public Hear nq
Planning Commission Action
4,
Preliminary Plat on
Council Agenda
6
p
Council Postponed to
Council Action
Final Plat on
Planning Commission Agenda
P anninq Commission Postponed to
Planninj Commission Action
Final Plat on Council Agenda
Council Postponed to
Council Action
Final Contract Execute
Escrow Returned - Amount:
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-5-
PUBLIC HEARING
SUBDIVISION OF UOU - DAN SCHIK4ELPFENNIG
JULY 14, 1976, AT 8:40 P.M.
Nick Waritz called the public hearing to order with the following.menbers present:
Les Bridger, Walter Thcapson, Jerry Neher, and Tam Noonan. Mal MacAlpi.ne and Hud
Hollenback were absent. The following interested persons were present:
Dan Schuunelpfennig
Janes Penberthy
Councilman Kurvers
Councilman Neveaux
Bill Brezinsky
Russell Larson
Ed Frauls
The official notice as published in the Carver County Herald was read by the City
Planner. Mailed notices were sent to property owners within 350 feet of the property.
The property is located on Teton and is zoned R-lA. "Mr. Schinm 1pfenni.g wants to divide
the ten acre parcel into two lots; one 7� acres and one 2h acres, Sanitary sewer is
available to the property. The City Planner questioned the status of Teton Lane.
City Staff feels that as a part of this subdivision 831 feet of land should be dedicated
on the entire eastern border of the property for, future right-rofo-way purposes. Both
parcels to be created have access to s public road (Lilac).
Bill Brezinsky explained that Teton is a private street within a 33 foot wide tract.
When it becomes a city street a 50 foot right-of-way is required. The existing street
is centered in the 33 foot tract so that 83� feet of,right•-of-away should be acquired
on both sides to make a 50 foot right-of-way.
Jim Penberthy, Attorney for Mr. Schimnelpfennig, We do not want to dedicate 8h feet.
We appreciate the reccmendation subject to that dedication but we feel
if the street is acquired or is necessary in the future then proper
action can be taken at that time. The 8h feet that will be required
on the other side of the tract will either have to be negotiated
or condemned at the time a public street is acquired and I think Dan
Schimnelpfennig should have that right as well. It is my position
that the ordinance does not speak to this particular division and
he should not be required as a condition of the division of his
property to dedicate that 8� feet.
A motion was made by Les Bridger and seconded by Tom Noonan to close the public hearing.
Notion usly approved. Hearing closed at 9:00 p.m.
Y
Don Ashworth
Clerk -Administrator
i
i
CITY' OF 011A'N11ASS N'
Ar'FIDAViT OF 1VIAI4 J.NG NOTICE' OF
PRELIMINARY IMPIROVEMENT HEXUNG
STATIE' OF MINI ESOTA } _
C OUN'Ti'y OF CARVER, }
DON ASHWORTH ,being first duly sworn, on oath deposes
and says that he is and was on JULY 2 , 19 76 , tye duly qualiiiud
and acting City C:erk-Administrator of the City of Chanhassen, Ml nn� sofa; tiui on
said date: he caused to be mailed a copy of the attached notice of hearing on a �•
Dan Schimmelphennig subdivsion
improve ,ai.•� IL
41ie City to.th4 owner of-. each parcel within the area proposed to be assessed for Said
improv:;raerlt as set forth in said notice, by anclosing a copy of said 'notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such
ow.►ers in the 'United States nails with postage fully prepaid thereon; that t-, e ran,,es and
addresses of such owners were those appearing as such by the records of the County
Treasurer of Carver County, Minrnesota..and.bv other aovroor.iate records_ ._...__ .... _.......
City. Administrator
Subscribed and sworn to
before ma this day ;
Notary Public , .
P
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
Minnesota Highway Dept.
2055 North Lilac Dr.
Golden Valley, MN
Mr. Franco Loris
Twin Hills Estates
Excelsior, MN 55331
Mr. F.J. Natole
6251 Teton
Excelsior, MN 55331
Ms. Edith Knoblauch
6215 Yosemite
Excelsior, MN 55331
City of Shorewood
Excelsior, MN 55331
No addresses on file at
city hall or county for
William J. Curran and
Alden F. Smith
,SOLUTION Q,
we
Q
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP 0. BOX 1479CHANHASSEN, MINNESOTA 553170(612) 474-8885
MEMORANDUM
DATE: June 14, 1976
TO: Planning Commission, Staff and Jim Penburth.y
FROM: Bruce Pankonin, City Planner
SUBJ: Subdivision plan for Dan Schimmelphinnig
Attached hereto, please find the following enclosures submitted in
support of Mr. Schimmelphinnig's subdivision:
1. Application for consideration of Planning Request.
2. Community Location Graphic.
3. Survey of Proposed Subdivision.
4. Planner's Report dated June 14, 1976.
-50-
SUBDIVISION PLAN
CASE NO. SUB.___
City of Chanhassen
Carver and Hennepin Counties, Minnesota
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application /% A-7(
Escrow Paid Date ( / b
Received by
Applicant
Name: Schimmelpfennig
Dan
J.
Last
First
Initial
Address: Route 4, Box 965
Excelsior
Minnesota
55331
Number and Street
City
State
Zip Code
Owner: Schimmelpfennig
Dan
J.
Last
First
Initial
Address: Route 4, Box 965
Excelsior
Minnesota
55331
Number and Street
City
State
Zip Code
Address of property in question:
Route 4, Box 965 _
Legal description of property in question:
See attached Plat of Survey of F. C. Jackson
Present zoning of property: R-lA
Present use of property: agricultural, farming, raising stock
Proposed use of property: agricultural, farming, raising stock _
The following documents if appropriate shall be attached to this
application:
1. Sketch Plan
2. Preliminary Plat
3. Escrow Account
Date Received Initial
ti
-51-
Date Received Initial
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 t4at J shall reimb the City
for all expenses incurred in processitfg this applic n or sub-
division.
t
i i at e f 1`icant
J es er hy, tto for
i an , a i fennig
Signat re f Own r
James G.,/ enberthy, Attorney for
_I1,_ Owner, fan J. Schimmelpfennig
(� ( Date
Receive y Title Date
(Following to be completed by Zoning Administrator or City Official)
CHRONOLOGY
DATE
BY
Sketch Plan on Planning Commission Agenda
Planning Commission Postponed to
Preliminary Plat on
Planning Commission Agenda
Commission Postponed to
4 ?
-Planning
Newspaper Publication
fe
Adjacent Property Owners Notified
G
Public Hearing
�.
Planning Commission Action
Preliminary Plat on
Council Agenda
Council Postponed to
Council Action
Final Plat on
Commission Agenda
-Planning
Planning_ Commission Postponed to
Commission Action
_
-Planning
Final Plat on Council Agenda
Council Postponed to
Council Action
Final Contract Execute
Escrow Returned - Amount:
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 day of 19 , the Chanhassen City
Council, Carver and Hennepin Count es, 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 (approve disapproval subject to the
following conditions:
Chairman of Panning 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 Adu n �_ strator
L j q
F. C. JACKSON
LAND SURVEYOR
RKGISTKRED LINGER LAWS Or STATE OF IdIMMCSOrA
LIC9N5WD BY OPOINAMCK OF CITY Of b4jMN9APMjG
3616 EAST 55TH STREET .5 i4 11 7 �4s4
16urbe'vor's crerfifirate
HERESY CERTIFY THAT THE ABOVE is A TRUE AMC) OORRIECT PLAY OF
N,)rt i -o r-)Jb al tile v4vSt 4Q r:)Js A Che L,14 it '-le N.—
.w( f. i )I I 'I I p I I -.,.-,an ge - j
- 'E -.1. Ka
THIS DAY OF
A 0
SIGNED-
F C JACKZN. MimmcoovA R STPIATIOM- No 3600
1 T"T"
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
FRANK V. LASKA
SCHOELL & MAOSON, INC.
ENGINEERS ANO SURVEYORS
7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
June 16, 1976
City of Chanhassen
c/o Mr. Bruce Pankonin, City Planner
P. 0. Box 147
Chanhassen, MN 55317
Subject: Schimelphennig Sketch Plan Review.
Gentlemen:
We have reviewed the Schimelphennig proposal to subdivide
a 10-acre parcel into two (2) residential lots of approximately
7.5 and 2.5 acres. The property is bounded by 62nd Street on
the north and Teton on the east as shown on the attached sketch.
Existing 62nd Street is located entirely within a 33-foot
right-of-way in the City of Shorewood. In conjunction with the
North Area sewer and water project, Chanhassen acquired an addi-
tional 17-foot right-of-way easement on the subject property.
Teton is located in 33-foot wide Tract C of R.L.S. 11. To
upgrade Teton to City standards, a total width of 50 feet will
be required. We recommend that the additional width needed be
acquired equally (8.5 feet) on each side of Teton.
Sanitary sewer and water is now available in 62nd Street.
The City comprehensive sewer plan indicates future placement of
utilities in Teton.
We recommend approval of the sketch plan, subject to the
owners dedication of an 8.5-foot wide right-of-way easement along
the east property line.
Very truly yours,
SCHOELL & MADSON, INC.
WJBrezinsky:sjr "
enclosure
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NO. 3000
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.moo-UTION Q
1776-1976
CITY OF
CHANI�ASS�N
7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINN ESOTA 55317@(612) 474-8885
PLANNING REPORT
DATE: June 14, 1976
TO: Planning Commission, Staff and Jim Penburthy
FROM: Bruce Pankonin, City Planner
SUBJ: Subdivision Plan for Dan Schimmelphinnig
Petition: Subdivide 10+ acres of land located in Section 2,
Township 116, Range 23 into two (2) residential lots; one containing
7.5 acres and the other 2.5 acres.
Existing Zoning: R-lA,.Residential Agricultural.
Municipal Services: Sanitary sewer and water is available and in
service to the subject property.
Community Location: As shown in enclosure 2, the subject property
is 10 acres directly north of Twin Hills Stables located on Teton
Lane.
Planner's Comments:
1. The two (2) lots to be created by this subdivision meets or exceeds
lot provisions of the R-lA use district.
2. The City Engineer wil be determining if additional right-of-way
is necessary for Teton Lane. This information will be available
for Wednesday night's commission meeting.
Planner's Recommendation:
Approve".sketch plan as submitted and order a public hearing for
Dan Schimmelphinnig.
AFF1DAV)" 0k PU13L1UA'1'10N
6tate of Ahnnezota,
tt.
County of ....... Carver. .........................................................
Win. McGarry being duly sworn,
............... ................... ........................... ....................................................
on oath says he is and during all the times herein stated has been the publisher and printer of
Carver County Herald and has full
thenewspaper known as .............. ........... ................. ............................I....................
knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English
language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns devoted to news of local interest
to the community which it purports to serve and does not wholly duplicate any other publica-
tion and is not made up entirely of patents, plate matter and advertisements. (4) Said news-
paper is circulated in and near the municipality which it purports to serve, has at least 500
copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total
circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post -office. (5) Said newspaper purports to serve the........C#V.
of ........ ia'1Askar......................................in the County of ....... Carver .......................... .......
and it has its known office of issue in the ...... City ...... ........ of ... Chaska .......... ........... ............. .....
in said county, established and open during its regular business hours for the gathering of
news, sale of advertisements and sale of subscriptions and maintained by publisher of said
newspaper or persons in his employ and subject to his direction and control during all such
regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy
of each issue immediately with the State Historical Society. (7) Said newspaper has complied
with all the foregoing conditions for at least two years preceding the day or dates of publication
mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the
Secretary of State and signed by the publisher of newspaper, and sworn to before a notary
public stating that the newspaper is a legal newspaper.
He further states on oath that the printed Notice of hereto
attached as a part hereof was cut from the columns of said newspaper, and was printed and
published therein in the English language, once each week, for...... one ............... weeksX
that it was first so published on ..... �Ur3Cl ay.........the..........2'th..................................day of
....June .......................... ............1 19.7.6. a
d that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
she size and kind of type used in 4dh
do and publication of said notice, to -wit:
m grstuSubsc ibed and su-orn to before dai o+_
Notary Public .. ............ .-.. ..... .... ,.....
County. Ainnesota
.1Jy Commission Expires ...... ... 1 . ..... .. 19 o�
LORRAINE LANO
WTARY PUBLIC — MINNESOTA
CARVER COUNTY
_ My Commission Expires June 29, 1982