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76-09 Variance Lot D Bardwell AcresMEMORANDUM TO: City Planner, /ucePankonin FROM: City Administrator, Don Ashworth - DATE: August 6, 1976 SUBJ: Variance, Lot D, Bardwell Acres, Robert Staska Pursuant to staff recommendation, the city council approved the variance request of Mr. Staska. Such approval was conditioned upon the applicant and the city engineer working out a satisfactory driveway section so as not to disturb local drainage and the applicant agreeing to such in writing. I would request that you, in cooperation with the city engineer, work with the applicant to insure the driveway section is completed and that the city receives a written agreement from the applicant reflecting his statement to not disrupt local drainage in usage of the easement area. Please provide Karen with an original of such agreement when completed. cc: Robert Staska Schoell and Madson, Bill Brezinsky ! F. C. JACKSON LAND SURVEYOR :+EGISTERED UNDER LAWS OF LTATE Of MINN"OTA LICINBIO BY ORDINANCI Of CITY Of YINNIATOLIS 3616 EAST SSTN STREET *urbrvor!s Cert(ftrate 1, rr . � I .' � • yes •1 •r.. 1 1 b. n� t I D � -- - i� 7z - '1FTlby certify that thle is a true and correct p1 at 'Jf a survOY Of Tract H, Registered Land Survey No. 13, Gervsr County, Mrnelots, - except tip• South 25.0 feet thprnof. suRVEYID BY nI TNa _Stb— — oiAv w_ Aug —A.D.-141i►— �r� r�Zl F C JXGKSON. MINNE150TA R TRATION. NO. 36W F. C. JACKSON LAND SURVEYOR ¢) e REGISTERED UNDER LAWS OF STATE OF MINNESOTA UCINSED MY ORDINANCE OF CITY OF MINNEAPOLIS 3616 EAST 55TH STREET i ._-_ $tlCb[pOT�B tTflflCAft _ t _� •7/ - � � Y KS } nereb� ._ert 1:y treat tnis :a a t rue and correct plat of a survey of f, a, D /.1 i the :, •ut•1 :5.0 fo-et 4f Tract B. Reglatered Lamm �urv.y No. 13, ►r drr �,.1nt � :'llnr•t•a�t+. A% SUR%,EYEO ■Y ME THIS )L J - DAY OF. Au4ust A D 117111 - - i � SIGNED. F C JA:KSON. MIN145OTA Plt *TRATION. No 360 J ,,, O\-UTION R, 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE-%P 0 BOX 147*CHANHASSEN, MINNESOTA 553170(612) 474-8885 PLANNING REPORT DATE: July 29, 1976 TO: Don Ashworth, City Administrator FROM: Bruce Pankonin, City Planner SUBJ: Variance Request Applicant: Robert E. Staska, 5100 Highway 101, Minnetonka, MN 55343. Community Location: As shown in the community location graphic, the subject property is a land locked parcel located on the north shore of Lake Minnewashta. The parcel was created by the Chanhassen Town Board as Lot D, RLS 13, prior to the areas merger with the City of Chanhassen. Petition: The applicant is proposing to utilize the subject property as a single family residential home site, however, city ordinance 33, section 15.02, states in part, that "no building permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting on a street or highway which has been designated on an approved plan, or on the official map of the (city), or which has been otherwise approved by the (city) council." Existing Zoning: R-1 Single Family Residential. The subject property meets all the requirements of the R-1 use district. Filing Fee: The applicant has paid the required $35.00 variance filing fee. Mr. Don Ashworth -2- July 29, 1976 Variance Procedure: The council may grant a variance from the requirements of ordinance 33 as to specific tracts of land where it. is shown that by reason of topography or other physical conditions strict compliance with these requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right; provided, that a variance may be granted only if the variance does not adversely affect the Comprehensive City Plan or the spirit and intent of this ordinance. Written application for a variance shall be filed with the City Clerk, and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, plans or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the council. Council Action: No variance shall be granted by the council unless it shall have received the affirmative vote of at least 4/5ths of the full council. Planner's Comments: 1. As shown in the attached exhibit, the subject property is a land locked parcel with a public easement (33 feet) to gain access to the lift station on the north shore of Lake Minnewashta. Said easement is proposed to be used as local access to the subject property and is currently maintained by the city. 2. The only potential problems I find with the applicants proposal are: (a) local drainage from the north cannot be disrupted when installing a drive over the existing drainage swales; (b) the applicant shall "sensitively" construct the new home so as to save an many mature oak trees as possible. Planner's Recommendation: Recommend approval of the variance con- ditioned upon the applicant and the city engineer working out a satisfactory driveway section so not to disrupt local drainage. Planning Commission Recommendation: The Commission on July 28, 1976, considerdd-Mr. Staska's variance petition and made the following recommendation to the City Council: Approve said variance as proposed, the applicant should work out driveway drainage details with the city engineer and the council should be aware that this is a unique situation. July 19, 1976 Don Ashworth City Administrator City of Chanhassen. Chanhassen, MN 55317 I am requesting a variance of the regulation prohibiting development of tracts of land not abutting a public road. This request is for Tract D, Registered Land Survey 13, Carver County. I am buying Tract D from the owner of Tract B (RLS13) with perpetual easement for purposes of roadway and utilities. This easement will be 30 feet in width. I am attaching the earnest money agreement with addendums. Robert E . Staska 5100'Highway 101 Minnetonka, MN. 55343 R � VEC) K> VILLAGIT ors CHANVIASSek '. MINN. �`}'� 1 ADDENDUM TO.4ARNEST MONU: CONTRACT_ As further consideration for said purchase price, Sellers agree to grant Buyers an easement across the Easterly 30 feet of that part of Tract, B, Registered Land Survey No. 13, Carver County, Minnesota, lying Southernly of Washta-54y Roads for,pur' poses of ingress and egress to the.real estate being..sold horein and utility and water.main easements. Sellers grant Buyers two (.2) weeks from the'date of this agreement for the purpose of conducting soil tests.of the real estate being sold herein. However, during said two.(2),week period Sellers shall be entitled,to continue offering said zeal. estate for sale and in the event another offer is made for the purchase of saidereal estate which is...acceptable to Sellers, Sellers shall so notify Buyers in writing and Buyers shall have forty --eight (48) hours from receipt of said notice to remove this contingency. In the event this contingency is not removed or in the event the results of the soil test are such that - Buyers do not wish to proceed with the purchase of said real estate, the Earnest Mohey paid herein shall be returned to Buyers in 11-and this agreement rendered null and void. This agreement is further conditioned can the appropriate authority granting buyers a variance of City regolat�on relati to the developme� of propertV'__cr abutting pubs MEMORANDUM TO: City Planner, /ucePankonin FROM: City Administrator, Don Ashworth DATE: August 6, 1976 SUBJ: Variance, Lot D, Bardwell Acres, Robert Staska Pursuant to staff recommendation, the city council approved the variance request of Mr. Staska. Such approval was conditioned upon the applicant and the city engineer working out a satisfactory driveway section so as not to disturb local drainage -and the applicant agreeing to such in writing. I would request that you, in cooperation with the city engineer, work with the applicant to insure the driveway section is completed and that the city receives a written agreement from the applicant reflecting his statement to not disrupt local drainage in usage of the easement area. Please provide Karen with an original of such agreement when completed. cc: Robert Staska Schoell and Madson, Bill Brezinsky ,jpLUTION Q, 1776-1976 CITY OF CHANHASSO 7610 LAREDO DRIVE�P.O BOX 147*CHANHASSEN, MINNESOTA 55317®(612) 474-8885 MEMORANDUM TO: Planning Commission, Staff and Robert Staska FROM: City Planner; Bruce Pankonin DATE: June 23, 1976 SUBJ: Variance to City Ordinance 33, Section 15.02 Attached hereto please find the following documents in support of Mr. Staska's variance request: 1. Mr. Staska's letter dated July 19, 1976. 2. Community Location Graphic. 3. Copy of land survey. 4. Earnest Money Contract dated July 14, 1976. 5. City Planner's report dated July 23, 1976. 0 July 19, 1976 Don Ashworth City Administrator City of Chanhassen Chanhassen, MN 55317 I am requesting a variance of the regulation prohibiting development of tracts of land not abutting a public road. This request is for Tract D, Registered Land Survey 13, Carver County. I am buying Tract D from the owner of Tract B (RLS13) with perpetual easement for purposes of roadway and utilities. This easement will be 30 feet in width. I am attaching the earnest money agreement with addendums. " 0�— Robert E. Staska 5100 Highway 101 Minnetonka, MN 55343 JUL 1976 ! �1lED `N ktL,r qvg pp. Y CHANNASSIwt�►; :5 9 IV ADDENDUM TO EARNEST MONEY CONTRACT As further consideration for said purchase price, Sellers agree to grant Buyers an easement across the Easterly 30 feet of that part of Tract, B, Registered Land Survey No. 13, Carver County, Minnesota, lying Southernly of Washta Bay Road, for pur- poses of ingress and egress to the real estate being sold herein and utility, and water main easements. Sellers grant Buyers two (2) weeks from the date -of this agreement for the purpose of conducting soil tests of the real estate being sold herein. However, during said two (2)'week period Sellers shall be entitled to continue offering said real estate for sale and in the event another offer is made for the purchase of'said real estate which is.:acceptable to Sellers, Sellers shall so notify Buyers in writing and Buyers shall have forty-eight (48) hours from receipt of said notice to remove this contingency. In the event this contingency is not removed or in the event.the results of the soil test are such that. - Buyers do not wish to proceed with the purchase of said real estate, the Earnest Money paid herein shall be returned to Buyers in land this agreement rendered null and void. This agreement is further conditioned on the appropriate authority granting buyers a variance of city regulation relatt to the developm of propert-.Y abutting publ roads ,jO�_UTION Q, 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885 PLANNING REPORT DATE: July 23, 1976 TO: Planning Commission, Staff and Robert Staska FROM: Bruce Pankonin, City Planner SUBJ: Variance Request Applicant: Robert E. Staska, 5100 Highway 101, Minnetonka, MN 55343. Community Location: As shown in the community location graphic, the subject property is a land locked parcel located on the north shore of Lake Minnewashta. The parcel was created by the Chanhassen Town Board as Lot D, RLS 13, prior to the areas merger with the City of Chanhassen. Petition: The applicant is proposing to utilize the subject property as a single family residential home site, however, city ordinance 33, section 15.02, states in part, that "no building permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting on a street or highway which has been designated on an approved plan, or on the official map of the (city), or which has been otherwise approved by the (city) council." Existing Zoning: R-1 Single Family Residential. The subject property meets all the requirements of the R-1 use district. Variance Procedure: The council may grant a variance from the require- ments of ordinance 33 as to specific tracts of land where it is shown that by reason of topography or other physical conditions strict com- pliance with these requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right; provided, Planning Commission -2- July 23, 1976 that a variance may be granted only affect the Comprehensive City Plan ordinance. if the variance does not adversely or the spirit and intent of this Written application for a variance shall be filed with the City Clerk, and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, plans or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the council. Council Action. No variance shall be granted by the council unless it shall have received the affirmative vote of at least 4/5ths of the full council. Planner's Comments 1. As shown in the attached exhibit, the subject property is a land locked parcel with a public easement (33 feet) to gain access to the lift station on the north shore of Lake Minnewashta. Said easement is proposed to be used as local access to the subject property and is currently maintained by the city. 2. The only potential problems I find with the applicants proposal are: (a) local drainage from the north cannot be disrupted when installing a drive over the existing drainage swales; (b) the applicant shall "sensitively" construct the new home so as to save as many mature oak trees as possible. Planner's Recommendation Recommend approval of the variance conditioned upon the applicant and the city engineer working out a satisfactory driveway section so not to disrupt local drainage. F*.C* LAW JACKSON 0. u r4v aon,V w J1.41 r1 tt i V V111. 11 1 4, q4 % TRACT A o 305,22' Ah bi r: ­;TRACT,..11 , B 4RO- AD TRACT, C11 ' Flo 1-A hit, �r►4 . TRACT,i..1. % �N ................. Rio 'm lit ...... t ON IF r It' f horeby 44, 508,, Idinne, a4a statue traot' nttaata'; t4l' All Int Ttlraot,r . ROF iN )4; 4 I the 0 IrAona W J, havo sumored. + w4nd 'Co=t`Yay � Of CAM )r 51talt Minneopt, ilItAVY MANG1.105 CO Sr PALII, MINN. N PIUJPPROVED BY ST. PAUL BOARD 0 ALTORS, INQ. AND BY THE EXECUTIVE COUNCIL Of RAMSEY COUNTY BAR AS5OCIIA74i.4 EARNEST MONEY CONTRACT' 7 ly I.A! '16 Minn., " - —.19-1.1 RECEIVED OF -�ta�ska a n, i hilshand and tatfe, - the sum of •T., 1`615 (0) 0 . 0 0 Dollars by (Check, Cash or Note State Which) as earnest money and In part payment for the purchase of property at situated in the County, of, ..r -V i r State of Minnesota, and legally described as follows, to witt Trzict f r J 3 q fi 1 3 of t;lo "of r.ir,.x untt Ir In rt e s6 lnclydLrl&$prqqn Oulqs, plants, shrubs and trees icAD:ttp,'Ooi';944?L,'ttorml(),Doo,'IdogokolKmDtll� "Mi-NdA traverse rod hoil i f 4A. Jho Ito water taitetiei 4nd IfQkI f, q0.,q0 ty, re all of which property the undersigned,as agplit J.pY,3bo1c ell Qf, has this day sold to the buyer for the sum U#1 LAHS, wnicri the ouy.pr IlIgrees to pay in ine. toilowing manner: r.)r0rx:.!r.ty. contract, for ro r s ;a r A ..::�c e of c -os ci t: 'or de�,d !--is il: P­ t: J. to the ahov, 01- fx-oni� d 'F.� rA 0 ' Y Y t7 n h o Iq i Adl J 'i 4 -F X' fl I WP �Jl "I Or j 0 r o I c! Z, subject to performance by the buyer the seller agrees to execute and delivsr a— Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Reservations of any minerals or mineral rights to the State of Minnesota. (b) Rights of tenants as hereinafter set forth: 4.4 Seller covenants that buildings, if any, are entirely within the boundary lines of the property. Taxes payable in the year ----Lq,l 4 7 .v0atqr.,._t rDptjqX lig,41, [ Y, for or, , W K. Kq)rvl P t izitm! I011Q sla,10=03t. 14 IKUK am a-OW4, 4a lf, o 4o Seller warrants that he has no knowledge of any planned improvements which may result in spjTIaI,assessments exq The seller further agrees to deliver actual possession on or before P'Urolst 2,, 19 provioed1hat all the conditions of this agreement have been complied with, This sale shall be. closed on or before — 4y'agreo 46'tetts eh AP shall 'tie Tt mutba't adju3f6d 4s'jif In the event this ",proMlyJa,d:o� A, rlay,ed qX'­d�arlmagAeId'.)r. 1.:' all, �Sold Pi )zsqr Th(-"c,i,kr hallA ,l,. after approval of this agreement; an abstract of title Qjrti.�id to date registered property report to mviude .r cov,_,ring levied andpiending assessments, hankruptcic,�, and State and Federalud his and liens. The buyer shall be alloweel,.10 days after rocciptlthereof for exiniination proper of :,aid title and the making W any objection thereto, said objections to of, made in writing or deemed to be waived. If any objeclihri$ are so.mado',the seller shall he allowed 12() days to rl"kL; uch title mark0able. Pending (:nrre c tion of title the payments hereunder required shall be p0st0oned, but upon correction of title and within 10 buy ur sliait pf.rfcint this agreement according to ik tornis. days after written notice thureat, Iho it ;j,d tithe is not marketable and is riot mane so within 120 (lays from the date of written objections thereto as ahove provided, this agreement shall be void, and neither principalshall be iialb!L fur dwriape; hereunder to the other principal and all money theretrijore,paid, by the boyer shall be refunded; but it the title tosaid prcperty'bh, found marketable, or be so mad(,, villfln :wd time, and said buyer shall delaujI. in any of the ai�,,rs;enifjnts and continue in. default for a period of 10 days, then and in that everilithe $01or teliniiiate this contract, art(] ,n ,,Lj,;h t�!rff]JoHt-on all the payments made upon this cpot1a0 sh.11i ho re tained by said seller and said agent, as their re$jaactiva Interest may appiiar, as liqu OItvd damages, time being of the hereon but this provision iball not deprive cithcr party of ,ie right of enforcing the specific performance of this contract provkhaq such contract shall not be terminated as afore aid, 3"ol providrM arlion to enforce such specific performance shall be commenced within six Months after such right.of action shall arise. This c fjfl trart contaim, the en tire agreement between the parties, rind neither party has railed upon any verbal representations, aliteeiriqjits, or understandings not get forth heiain ma de ade by any agent cr party hereto. 1, - , It i's unqj- ,�,r !wA and agreed that this sale is made subject to the approval by the seller of said premises, In writing which approval agent has _--days to obtain, and that the undersigned agent is in no manner liable of responsible an account of this agreement, except to return or account for the earnest money pald.lAnder this contract The delivery of all papers and monies shall be made at the office a nd J�ch I,,wIne�w, 1, the undersigned, seller of the above land, do hereby approve i..- t i e c.4 tie ret* the above agreement and the salt thereby made. 10 Seller . ......... Agent L Seller tP hereby .08 e to purchase tho, $at • property for the price and upon the terms above metltlgtiad. Buyer Buyer THIS IS INTENDED TO BE A,LEGALLY BINDING CONTRACT, FOR LEGAL ADVICE IN CONNECTION{ i WITH THIS TRANSACTION, CONSULT YOUR LAWYER,,I 4 ' i R -F V,"" l.0 u�wl ,, ERED.� U CARVER,R.'Y' MINNESQ,,.., r - _ r- ti .i4 A r V ' 4 A a . � 1 TRACT TRACT /0� i Il I hereby oertify' that in aoco ana®'`va4.tu the pio' vloiono ;c, 508, blinnodota Statutes of I949,, as mandodp I have: aurvoycd tP, tra►ot situate in the State of ` Minnecotaand County of Ca are' All cog Tract A.Rairintered Land S av F mbar Y©_���nr�aa�,Epi form 820 BRADY-MARGULIS CO. ST. PAUL, MINN. THIS CONTRACT APPROVED BY ST, PAUL BOARL REALTORS, INC. AND BY THE EXECUTIVE COUNCIL 0, THE RAMSEY COUNTY BAR ASSOCIATION IN 1965 EARNEST MONEY CONTRACT . Minnea, "olis , Minn., July 14 RECEIVED OF Robert E'. Strx�ka and Nar'mleri.te St-a-ska., huob,!:.m0 and wi.4 the sum of Five Iiiindreil !)oFvr,,7 1J._ 1.1e by check (S3 p o . 0 0 Dollars (Check, Cash or Note — State Fh—lch) as earnest money and In part payment for the purchase of property at Xc C., I s .1 or ,teaC,yT,a situated In the County of a r ver State of Minnesota, and legally described as follows, to wlt: Tract D, AP(JLr"'tered Land Survey Rio. 13, files of the "of- Carvp_r Count'y Al , T�, " ' " ' • nrtesot�.i. shrubs and con d ft lhnlh�,. i6lip &laX751X0 6% 0 '40 a "' Otffet. 70dil tqiiya, I IJb(,;4W0fthvqr.W.Wr. I'scis fdviix wii �faffila4m ap all of which property the underslgned,',ag,.zfgtbtYtrJbo'Utte,r, has this day sold to the buyer for the sum LIJ��AKS, W?Iicn fine buyer agrees to pay in tne following manner: P u r c prope_-.y on a contract for dee-d S or t.,,)e date of closing sellers warranr deed as �." •"Pe3-tair-LS to the aiiove- Da.,-zia, a warran'Ly, cjoi"-_el -_eor real estz.' all spe'. a,�. asss!,,Trients lavic:id, z�'Ilnd pend:Lro aaainsi, --s! ":ate .�is .of tb,�,, �Li-f7e <)I. C-] osin(7, lo" th Q!;'� excepri.(-.in , bow" 4- 1, L , Duv­,-_�.rr3 aqreEi to pay C.11 ccmt, of oLtz.,111-1irig a buildin.a -permit. Including, but .co r . to, se-vcr av;L1` sx 1J CbZ1rCTc:--s, 6,u?er and voyat.er uni.; char"Ie's z4x D.111" Luij[dinq rmit costs. subject to performance by the buyer the seller agrees to execute and deliver a — by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: Warranty 'Deed (to be joined In (a) Reservations of any minerals or mineral rights to the State of Minnesota. (b) Rights of tenants as hereinafter set forth: Seller covenants that buildings, if any, ate entirely within the boundary lines of the property. Taxes payable in the year --1-227'; shall he T v! Seller warrants that he has no knowledge of any planned improvements which may result In spAqfal assessments except: The seller further agrees to deliver actual possession on or before i13 I I CIT 10 C0- 04 J. 9 4 provloe.d' that all the conditions of this agreement have been complied with. This sale shall be closed on or before — dwlii 4;KyWN]`,R; t'114, W14;6ft" Ttw,b, be adjuXe)fbs11 roolpt'h "K . xrT� 117 RAI XC _rM. The seller shall, within days after approval of this agreement, furnish an abstract of title certified to date or registered property 'report to include proper searches covering levied d and pendirfg assessments, bankruptcies, and State and Federal judgments and d liens. The buyer shall be allowed 10 days after recelpt,thereof examination of said title and the making of any objection thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice thereof't buyer shall perform this agreement according to its terms. he It said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money theretofore paid by the buyer shall be refunded; but if the title to said property be found marketable, or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that event the seller may terminate this contract, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interest may appear, as liquidated damages, time being of the essence hereof; but this provision shall not'deprive either party of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as Thicontcontains entire ag aforesaid, and provided action to enforce such specific performance shall b,� commenced within six months after such right,of action shall arise. whethers made byract any agentthore party heretoreement between the parties, and neither party has relied upon any verbal representations, agreemq�. !s, or understandings not set forth befein It is understood and agreed that this sale is made subject to the approval by the seller of said premises, In writing which approval agent has,. ' —days to obtain, and that the undersigned agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. The delivery of all papers and monies shall be made at the office of. ri hv 1, the undersigned, seller of the above land, do hereby approve Y:hl 1- t 1 e S '.10. re t 0 the above agr.qemeht)nd the s thtreby made. Seller —41-7 Agent it By Seller I hereby "a to purchase tho.,sal roperty for the price and upon fk above mefiti ghed.,% a arms Buyer Buyer THIS IS INTENDED TO BE A.LEGALLY BINDING CONTRACT. FOR LEGAL ADVICE IN CONNECTION WITH THIS TRANSACTION, CONSULT YOUR LAWYER.