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1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885
STAFF MEMORANDUM
DATE: September 10, 1976
TO: Don Ashworth, City Administrator
FROM: Bruce Pankonin, City Planner
SUBJECT: Variance request
Richard F. Bruzek (Lot 8, Block 4, Red Cedar Point)
and Luman C. Proshek, (Lot 7, Block 4, Red Cedar Point).
REF: Ordinance 47, Section 22.04
PETITION: To combine two 40 foot lots as one building site and
construct a single family residence on said parcel.
As you know, the Red Cedar Point area is zoned R-1.
Within the district )90 feet of lot frontage is required.
BACKGROUND:
1. Community Location: See Exhibit 1.
frl'"a.
2. Municipal services are in
Afor the subject property.
3. As shown in Exhibit 2, the Board of Appeals duly considered
the petition at a public hearing on August 12, 1976, and
recommended approval.
PLANNER'S RECOMMENDATION:
Approval as submitted.
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TO: Chanhassen City Council
FROM: Board of Adjustments and Appeals
SUBJECT: PROSHEK-BRUZEK APPLICATION
The Board of Adjustments and Appeals met on Wednesday, August 12,
at 3615 Red Cedar Point, Chanhassen, to consider a variance from Zoning
Ordinance No. 47 for Lumir C. Proshek and Elizabeth M. Bruzek. Willard
Johnson and Craig Shulstad were present as members of the Board.
The applicant desires to combine Lots 7 and 8, Bbck 4, Red Cedar
Point into one buildable single family lot. The lot width will be
80 feet, whereas City Ordinance No. 47 requires a 90 foot lot width
at the buildable setback line.
The Board sees merit in the request. Lot widths on Red Cedar Point
are 40 feet, making it impossible to meet lot width minimums unless
three lots are combined for a total of 120 feet. The two lots in
question have rubble from two cottages which formerly existed on them.
They are not maintained and contain debris. Adjacent neighbors have
voiced no objections. Variances for combining two 40 foot lots have
previously been granted in Red Cedar Point.
The combining of the two lots in this particular instance poses
a couple of problems, however, which the Board feels obligated to
point out. The first is that the street fronts one of the lots on more
than one side(see attached illustration). That poses the question
whether the City's 30 foot front setback requirement is in effect for
more than one side of the lot in question. A second problem is that
the City maintains a right-of-way in the form of a cul-de-sac on one
of the lots for road maintenance purposes. The extent to which this
restricts use of the lot for building purposes must be determined.
The Board recommends the Council approve the requested variance
of 10 feet so that two 40 foot lots can be combined into a single
family lot with one unit, subject to the parties involved being able
to satisfy all other city and other requirements, such as those
governing front and side setbacks.
Craig Shulstad
Board of Adju;
cc: Don Ashworth, City Administrator
Bruce Pankonin, City Planner
Willard Johnson
Lumir Proshek
Elizabeth Bruzek
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1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147@CHANHASSEN, MINN�SOTA 55317o(612) 474-8885
August 30, 1976
Mr. John Neveaux
6240 Elm Tree Ave.
Excelsior, MN 55331
REF: Bruzek Property, Red Cedar Point
Dear John:
Pursuant to your request, I have outlined, herein, the salient
features of the Bruzek property
1. Legal Description - Lot 8, Block 4 Red Cedar Point.
2. Existing Zoning: R-1 Single Family Residance.
3. Front yard width: City ordinance 47 requires 90 feet at
the building setback line. As you know, Messrs. Bruzek
and Proshek request a public hearing before the Board of
Adjustment and Appeals and posed the following question
If two lots each with 40 feet of frontage are combined as
oneitax parcel, would the city allow construction of a
single family residence on said 80 foot parcel? The Board
of Adjustment and Appeals met on Wednesday August 12, 1976,
to consider the question. According to minutes of said
Board meeting, the Board made the following recommendation:
"approve the requested variance of 10 feet so that two 40
foot lots can be combined into one single family lot with
one unit, subject to the parties involved being able to
satisfy all other 'city and other requirments, such as those
governing front and side setbacks." The Boards recpmmenda-
tion will be considered by the council on September 13, 1976.
4. Frontage: The subject property fronts on Red Cedar Point
Road; the rear yard lot line is the meander line of Lake
Minnewashta.
5. Lake MinneWashta is classified as a "Recreational Develop-
ment hake" pursuant to the rules and regulations of the
Department of Natural Resources as promulgated by the
Director of the DNR in the Municipal Shoreland Management,
Act. As you know, building setbopks should be 75 feet from
the ordinary high water mark for all properties abutting,a
Recreational Development Lake.
6. My research indicates that neither the DNR nor, the Minnehaha
Creek watershed District has spantified the ordinary highwater
mark for Lake Minnewashta
Within the context of the municipal shoreland management act,
the ordinary high water mark means a "mark delineating the
highest water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape. The
ordinary highwater mark is commonly that point where the
natural vegetation changes from predoninatly aquative to
predominantly terrestial. (In an "urban" situation, with
manicured lawns this distinction is difficult to determine.)
Municipalities shall provide for the administration and
enforcement of the municipal shoreland ordinance.
9. Variances shall be granted to the shoreland ordinance
(persumbly by the municipality) when there are particular
hardships which make strict enforcement of official controls
impractical.
10. According to the City Attorney, Mr. Bruzek gave Chanhassen a
7h foot permant sanitary sewer easment along his north property
line. As you know, property zoned R-1 requires a 30 foot
setback from the front yard line. In the Bruzek case this
setback shall be measured from his north property line and
not the southern extent of the heretofore 71� foot sewer
easment.
John I hope the above will be helpful, if you have any
questions, please feel free to contact me at 474-8885.
trul urs,
Bruce Pankonin
City Planner
cc Russ Larson
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date January 21, 1974 Resolution No. 0005-74
Motion by Councilman Neveaux Seconded by Councilman Kurvers
PARTIAL VACATION OF RED CEDAR POINT ROAD
WHEREAS, the locations of the, existing bituminous paved roadway and
the platted roadway lying between the extension of the westerly line of Lot 7,
Block 4, and the extension of the easterly line of Lot 2, Block 4, Red Cedar
Point Lake Minnewashta, do not conform to one another, and
WHEREAS, the fee owners of Lots 2, 3, 4, 5, 6 and 7, Block 4, Red
Cedar Point Lake Minnewashta have conveyed to the City public right-of-way
and utility easements, as more particularly described in Exhibits A, B, C, D
and E attached hereto and made a part hereof, and
WHEREAS, there is therefore no public interest to be served by the
continued public ownership of the above described platted roadway,
NOW, THEREFORE, BE IT RESOLVED:
That the platted road lying between the extension of the westerly line
of Lot 7, Block 4 and the extension of the easterly line of Lot 2, Block 4, Red
Cedar Point Lake Minnewashta, known as Red Cedar Point Road, in the City,
is hereby vacated, said vacation, however,.is subject to an express reservation
by the City of the easements more particularly described in Exhibits A, B, C, D
and E attached hereto and made a part hereof.
Passed and adopted by the Council of the City of Chanhassen this 21
day of January 19 74
ATTEST; , C�
MAYOR /
'ransfer entered this 5th. day of February, 1974.
0
DESCRIPTION
FOR: VILLAGE OF CHANHASSEN
Revised NORTH CHANHASSEN SEWER AND WATER PROJECT NO. 71-1E
May 15, 1973
N 1/2, Sec.8 54) A 30 foot temporary construction easement and a 15 foot
perpetual easement for public right-of-way, street and
Abstract utility purposes over, under and across the following
Doc. No. described property:
95346
Lot 7, Block 4, "RED CEDAR POINT LAKE
Exhibit A MINNEWASTHA", according to the recorded
plat thereof.
The center line of both easements is described as follows:
Commencing at the northeast corner of Lot 8 in said Block 4;
thence on an assumed bearing of North, along the west line
of said Lot 7 , a distance of 64. 50 feet to the beginning
of the center line to be described; thence South 74 degrees
18 minutes 40 seconds East a distance of 75.00 feet and said
center line there terminating.
Said temporary easement to expire December 31, 1973.
DESCRIPTION
FOR: VILLAGE OF CHANHASSEN
NORTH CHANHASSEN SEWER AND WATER PROJECT 71-1E
Revised
May 15, 1973 38)` An easement for public right-of-way, street and utility
purposes over, under and across that part of the following
N 1/2, Sec. 8 described property:
Abstract Lot 7, Block 4, "RED CEDAR POINT LAKE
Doc. No. MINNEWASHTA", according to the recorded
95346 plat thereof.
Exhibit E Which lies within the circumference of a circle having a radius
of 30.00 feet. The center of said circle is a point on the west
line of said Lot 7 distant 50.00 feet north from the northeast
corner of Lot 8 in said Block 4.
e
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wil
DESCRIPTION
FOR: VILLAGE OF CHANHASSEN
NORTH CHANHASSEN SEWER AND WATER PROJECT NO. 71-1E
Revised
May 15, 1973 57) A 30 foot temporary construction easement and a 15 foot
perpetual easement for public right-of-way, street and utility
N 1/2, Sec. 8 purposes over, under and across the following described
property:
Abstract
Doc. No. The West 25 feet of Lot 1 and all of Lot 2 and the East
98227 Half of Lot 3, Block 4, "RED CEDAR POINT LAKE
MINNEWASHTA", according to the recorded plat
Exhibit D thereof.
The center line of both easements is described as follows:
Commencing at the northeast corner of Lot 8 in said
Block 4; thence on an assumed bearing of North, along
the west line of Lot 7 in said Block 4, a distance of
64. 50 feet to the beginning of, the center line to be
described; thence South 74 degrees ,18 minutes 40
seconds East a distance of 325.00''feet and said
center line there terminating-. .
Said temporary easement to expire ,December 31, 1973.
(S9
Revised
May 15, 1973
N 1/2, Sec. 8
Abstract
Doc. No.
110209
Exhibit C
DESCRIPTION
FOR: VILLAGE OF CHANHASSEN
NORTH CHANHASSEN SEWER AND WATER PROJECT NO. 71-1E
56) A 30 foot temporary construction easement and a 15 foot
perpetual easement for public right-of-way, street and
utility purposes over, under and across the following
described property:
Lot 4, Block 4, and the West Half of Lot 3,
Block 4, "RED CEDAR POINT LAKE MINNEWASHTA",
according to the recorded plat thereof.
The center line of both easements is described as follows:
Commencing at the northeast corner of Lot 8 in said
Block 4; thence on an assumed bearing of North, along
the west line of Lot 7, in said Block 4, a distance of
64. 50 feet to the beginning of the center line to be
described; thence South 74 degrees 18 minutes 40
seconds East a distance of 225.00 feet and said center
line there terminating.
Said temporary easement to expire December 31, 1973.
so
DESCRIPTION
FOR: VILLAGE OF CHANHASSEN
NORTH CHANHASSEN SEWER AND WATER PROJECT NO. 71-1E
55) A 30 foot temporary construction easement and a 15 foot
Revised perpetual easement for public right-of-way, street and
May 15, 1973 utility purposes over, under and across the following
described property:
N 1/2, Sec. 8
Lots.5 and 6, Block 4, "RED CEDAR POINT LAKE
Abstract MINNEWASHTA", according to the recorded plat
Doc. No, thereof.
86684
The center line of both easements is described as follows:
Exhibit B
Commencing at the northeast corner of Lot 8 in said
Block 4; thence on an assumed bearing of North,
along the west line of Lot 7, in said Block 4, a
distance of 64.50 feet to the beginning of the center
line to be described; thence South 74 degrees 18
minutes 40 seconds East a distance of 150.00 feet
and said center line there terminating.
Said temporary easement to expire December 31, 1973.
S1
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CERTIFICATION
STATE OF MINNESOTA) ss.
COUNTY OF CARVER )
r)
I, LLOYD G. SCHNELLE, duly appointed and qualified City Clerk for
the City of Chanhassen, Minnesota, do hereby certify that I have compared
the within copy of a resolution with the original minutes of the proceedings
of the City Council of the City of Chanhassen, Minnesota, at their session
held on the 21st day of January , 1974, now on file in my office,
and have found the same to be a true and correct copy thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this
21st day of January , 1974_
OFFICEOF REGISTER OF DEEDS
STATE OF MINNESOTA,
County of Carver
I hereby certify that the within instru-
ma,zt was filed for recar.4 N1, this office
on the 1 of
D. 19 7at o'clock and
was duty yrecorded in book
of
not
REGISTER OF DEEDS
By
DEPUTY GISTER OF DEEDS
c2
RUSSSELL H. LAR$ON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA SS402
RUSSELL H. LARSON
CRAIG M.MERTZ August 27, 1976
Mr. Bruce Pankonin
City Planner
Box 147
Chanhassen, Minnesota 55317
Re: Richard
(Lot 8,
Lumir C
(Lot 7,
Dear Bruce:
AREA CODE 612
TELEPHONE 33S-9566
F. Bruzek property
Block 4, Red Cedar
Proshek property
Block 4, Red Cedar
Point)
Point)
You requested information regarding the location of roadway
easements in relation to the above properties. The original
plat of Red Cedar Point dedicated to the public (a) a 40 foot
wide road running north and south from the North line of the
Bruzek property to the shore of Lake Minnewashta, (b) and a road
running east and west from the extension of the east line of the
Bruzek property to the west line of Lot 1, Block 4, Red Cedar
Point. The north line of this latter public road was the shore-
line of Lake Minnewashta, and the south line of the road was the
North lot lines of Lots 2,3,4,5,6, and 7 in Block 4. This later
road is indicated in red on Exhibit A to this letter.
In 1973, Dr. Proshek and several other parties commenced a lawsuit
to force the city to vacate the road described in (b) above.
Pursuant to a settlement of that lawsuit, the owners of Lots 2,3,4,5,
6 and 7 in Block 4 granted the city a 15 foot wide perpetual right of
way easement. Those easements are indicated in yellow on Exhibit
A)attached, .and the centerline of said 15 foot wide road is more
clearly indicated on Exhibit B attached. In return, the City
vacated that portion of the platted roadway which lies between the
east line of the Bruzek property and the west line of Lot 1, Block 4.
The vacated area is indicated in red on Exhibit A.
In addition,.the owners of the Proshek property conveyed a cul de sac
easement to the City. Thus,the Proshek property is subject to
Chanhassen easements #71-1E 38 and #71-1E54. Those easements are
indicated on Exhibits A and B attached and copies of th ment
legal description are enclosed.
AUG 1976,
M RECEIVED
N VILLAGE OF Co
C� CHANHASSEN, p
�,.J_ MINN. I
Mr. Bruce Pankonin -2- 8-27-76
The 40 foot road which lies north of the Bruzek property was
never vacated, and remains a public road. In addition, the
Bruzek property is subject to easement #71-1E 37, which is a 7.5
foot perpetual sewer and water main easement. A copy of the
legal description of that easement is enclosed and its location is
indicated on Exhibit A.
For your reference, I enclose a copy of the formal resolution whereby
Red Cedar Point was partially vacated.
Please disregard references on Exhibit B to a 20 foot wide easement.
In the negotiation process, the City compromised with the plaintiffs
and 15 foot easements were conveyed to the City, after approval
by the City Engineer.
If you have any questions, please call.
Very truly yours,
RUSSELL H. LARSON
Craig M. Mertz
Assistant Chanhassen City Attorney
CMM:mep
cc: Mr. Neveaux
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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 Thursday p
Auaust 12, 1976 at 6:30 p.m. at 3615 Red Cedar Point
Drive
All interested persons may appear and be heard at said time and
place.
APPLICANT: Lumir C. Proshek and Elizabeth M. Bruzek
PLANS: The applicants desire to combine Lots 7 and 8, Block 4
into one buildable single family lot. The lot width (length on
Red Cedar Point Drive) will be 80 feet. When said lots are combined,
Citv ordinance 47 requires a 90 foot lot width at the building
setback line, hence the herein applied for variance to city ordinance.
All interested persons may appear and be heard at said time and
place.
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CITY OF C11ANIIASSEN'
AFFIDAVIT Or MAILING NOTICE OF
PRELIMINARY IMPROVEMENT HEARMNG
STATE OF MINNESOTA }.
COUNW OF CARVER )
DON ASHWORTH , being first duly sworn, on Oath deposes
and says that he is and was On AUGUST 2 19 76 the duly gualif'
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 on a
Lot combination for Lumir Proshek and Elizabeth Bruzek improva;:,ai;� in
the City to. the owner of. each parcel within the area proposed to be assessed for said
improvement as set forth in said notice, by enclosing a copy of said notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such
owners in the United States mails with postage fully prepaid thereon; that the names and
addresses of such owners were those appearing as such by the records of the County
Treasurer of Carver County, Minnesota...and bv. other aooroorista racards...._ _..
sip
city-
Subscribed and sworn to
before me this day
of 19�.
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 Thursdav
August 12. 1976 at 6:30 p.m. at 3615 Red Cedar Point
Drive
All interested persons may appear and be heard at said time and
place.
APPLICANT: Lumir C. Proshek and Elizabeth M. Bruzek
PLANS: The applicants desire to combine Lots 7 and 8, Block 4
into one buildable single family lot. The lot width (length on
Red Cedar Point Drive) will be 80 feet. When said lots are combined,
City ordinance 47 requires a 90 foot lot width at the building
setback line, hence the herein applied for variance to city ordinance.
All interested persons may appear and be heard at said time and
place.
Mr. John Higgens
9�
Mr. Ed '3wsm'
3616 Red Cedar Point Dr.
Excelsior, MN 55331
Mr. James Lockhart
3618 Red Cedar Point Dr.
Excelsior, MN 55331
Mr. Paul Larson
3609 Red Cedar Point Dr.
Excelsior, MN 55331
Mr. Emil Scuba
707 South 12th Ave.
Montevideo, MN
Mr. Erik Dundurs
3627 Red Cedar Point
Excelsior, MN 55331
Mr. Steven Keuseman Germaine Norris
3622 Red Cedar Point Dr. 3629 Red Cedar Point Dr.
Excelsior, MN 55331 Excelsior, MN 55331
Mr. Edward Uram
3624 Red Cedar Point Dr.
Excelsior, MN 55331
Mr. Samuel Potts
3628 Hickory
Excelsior, MN 55331
Mr. Chester Lobitz
3637 South Cedar
Excelsior, MN 55331
MR. J.H. Mayhew
3601 Red Cedar Point Dr.
Excelsior, MN 55331
Mr. Dave Prillaman
3603 Red Cedar Point Dr.
Excelsior, MN 55331
Mr. J.D. Knight
3605 Red Cedar Point Dr.
Excelsior, MN 55331
Mr. Charles Anding
3631 South Cedar Dr.
Excelsior, MN 55331
Mr. Frank Kurvers
7220 Chanhassen Road
Excelsior, MN 55331
Mr. Tom Noonan
6231 Elm Tree Ave.
Excelsior, MN 55331
Mr. Willard Johnson
166b W. 63rd St.
Excelsior, MN 55331
Mr. Richard Bruzek
85 Lakeview Ave.
Excelsior, MN 55331
Dr. Lumir C. Proshek
2654 Alabama Ave. So.
St. Louis Park, MN
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Mr. John Linner
3607 Red Cedar Point Dr.
Excelsior, MN 55331
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,ILLIAM D. aCHOELL
.ISTERED CIVIL ENGINEER
Mlvv. vD. aa[•
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ILO K�DA uO. [a>1
NO. VAX.[[i
MONT. N0. 1111['[
IOW. No.[.aJ
Exhibit "A"
11-3-72
N 1/2, Sec. 8
Abstract
Doc. No.
84790
SCHOEL-L- & MADSON, INc.
ENGINEERS & SURVEYORS
SO NINTH AVENUE SOUTH
HOPKINS. MINNESOTA 55343
PHONE 039-7601
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Sic P.C�
ORDER NO.7EI17 -
CARLISLE MADRON
REGISTERED LAND SURV[YDR
MINN. NO. Aa7.
[O. OAK. 711
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IOWA NO. ]TDB
NO.DAK.11011
MONT. NO. 1743-0
Fowl VILLAGE OF CHANHASSEN
NORTH CHANHASSEN SEWER AND WATER PROJECT 71-1E
37) A perpetual easement for sanitary sewer and watermain purposes
over, under and across the North 7.50 feet of the following described
property:
Lot 8, Block 4, "RED CEDAR POINT LAKE MINNEWASHTA11, according
to the recorded plat thereof. '
i.88 7G
OFFICE OF REGISTER OF DEEDS
STATE OF MINNESOTA,
County of Garver
i hereby certify that the within instru-
ment was filed for re in this office
on the—� day of d A.
D. 19— �3at-3 o clockand
yeas uuly eeor ed in book 1�aJ
of ->', Page 4
By -
DEPUTY"REGISTER OF DEEDS
Page 37