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1776-1916
CITY OF
CHANHASSEN
7610 LAREDO DRIVE•P.O. BOX 1470CHANHASSEN, MINNE5OTA 55317*(6:12) 474-8885
MEMORANDUM
TO: Planning Commission
FROM: Bruce Pankonin, City Planner'
DATE: August 23, 1976
SUBJ: Rodney Thompson Sketch Plan
REF: Planning Commission minutes dated August 11, 1976 and
Building Inspector's report dated August.23, 1976.
Pursuant to commission request, the Building Inspector outlined
under what authority he issued a building permit to Ken Smith.
In addition, city staff reviewed the record of,previous.council
action and found that no easements or variances were granted to
Mr. Smith to construct his existing home.
From a planning perspective, I do not think the city should
perpetuate an already existing "substandard"'situations. in.the
Red Cedar Point area.by allowing Mr. Thompson to derive,local
access from the heretofor discussed easement. I believe.the city's
design intent of new 'subdivi-sion is correctly outlined'in Ordinance
33, and Mr. Thompson should be bound to the detail and scope of
existing city regulations.
Planner's Recommendation
Deny petitioned variance and instruct the applicant to follow the
subdivision procedures as outlined .in city ordinance 33.
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE+P 0 BOX 1470CHANHASSEN, MINNESOTA 55317*(612) 474-8885
MEMORANDUM
TO: Bruce Pankonin, City Planner
FROM: Jerry Schlenk, Building inspector
DATE: August 23, 1976
SUBJ: Building Permit issued to Ken Smith
The following are the reasons I issued a building permit to.Mr.
Ken Smith in Red Cedar Point:
1. It is zoned R-1 and a single family dwelling is a'
permitted within said zoning district.
2. Sewer and water is available to the property.
3. The lot contains 15,000+ square feet.'
4. Mr. Smith met all setbacks as required.by ordinance"47.
5. South Cedar and Kirkham Road abut the property..
6. He presented a complete set of plans for review.
V
SUBDIVISION PLAN
CASE NO. SUB.
City of Chanhassen
Carver and Hennepin Counties, Minnesota
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application
Escrow Paid Date
Received by ------
Applicant
Name: S p�
Last First
(f n tia
Address: �� 51�0{Z¢WO�� C�IsiaKVIVI,S'�S 33
Number and Street City State Zip Code
Owner: l Q.
Last
Address:
S
er and Stree
S lj Q—
F rs
Address of property in question:
�-- /� l y 11►1.� �C2 �iTC�
Legal description of property in question:
Present zoning of property: ea-�5 1 &0A*,7-` a
Present use of property:
Initial
1'rivie, cjv1 '3
State Zip 1
Proposed use of property:
The following documents if appropriate shall be attached to this
application:
1. Sketch Plan
2. Preliminary Plat
3. Escrow Account
Date Received
8 / ?&
Initiial
64
-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 that I shall reimburse the City
for all expenses incurred in processing this application for sub-
division.
S gnatii e of Applic t
Signature,of Owner
9- /-% 6
Date
Received by 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.
Planning Commission Postponed to
Newspaper Publication
Adjacent Property Owners Notified
Public Hearing
Planning Commission Action
Preliminary Plat on
Council Agenda
Council Postponed to
Council Action
Final Plat on
Planning Commission Agenda
I
Planninq Commission Postponed to
P1
lanning Commission Action
Final Plat on Council Agenda
Council Postponed to
Council Action
Final Contract Executed
Escrow Returned - Amount:
-.52-
PLANNING COMMISSION RECOMMENDATION (Preliminary Plat)
On.this day of 19 _, this preliminary plat
was recommended for (approval), disapprovaZ--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 Counties, 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 (approval), (disapproval) subject to the
following conditions:
Chairman o Planning 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 Administrator
WILLIAM F. KELLY
GARY LARSON
JOHN C. SANDERS
THOMAS G. BARRY, JR.
KELLY AND LARSON
ATTORNEYS AND COUNSELORS AT LAW
351 SECOND STREET
EXCELSIOR, MINNESOTA 55331
AREA CODE 612
474-5977
September 17, 1976
Mr. Donald Ashworth
Clerk -Administrator
City of Chanhassen
7610 Lorado Drive
Chanhassen, Minnesota 55317
Re: Our client, Rod Thompson
Variance Request - Red Cedar Point
Dear Mr. Ashworth:
I would appreciate it if you would forward to me
copies of the minutes of the Chanhassen Planning Commission
meeting at which consideration was given to Mr. Thompson's
request for variance from the platting requirements on the
Hazel Thompson property in the Red Cedar Point area. I
believe that this meeting was held on August 25, 1976.
I would also like a copy of the minutes of the
Council meeting held September 13, when those are avail-
able. Also at that meeting some discussion focused on
the relationship of Mr. Thompson's proposal to the city's
comprehensive plan; in particular, reference was made to
a map contained in the plan which shows a cul-de-sac
located on Mrs. Thompson's property at some time in the
future. I would also appreciate having a copy of that
particular map.
If there are any costs for reproduction of these
papers, please advise me. Thank you for your assistance.
JCS:mf
KELLY AND LARSON
ohn C . Sanders
SEP1975
RECEIVEDVILLAGE OF,
CHANHASSQN� ��.
MINN. ed"
MEMORANDUM
TO: Mayor and City Council
FROM: City Administrator, Don Ashworth
DATE: September 13, 1976
SUBJ: Variance Request - Red Cedar Point, Rodney Thompson
(Platting Requirements)
The attached represents a request from Mr. !.Thompson to have the
council waive all of the requirements of the subdivision ordinance.
This request was presented to the Planning Commission and such was
denied as the requirements of the subdivision ordinance allows the
commission to review all possible considerations associated with the
development and subdivision of property. As Mr. Thompson refused to
submit information as required by the ordinance, no detailed review
of the possible conflicts with the ordinance were considered by the
commission.
Mr. Thompson is now requesting the council to waive ordinance
requirements. This office will not deny any citizen the opportunity
to request consideration by the council; however, this office
believes that if this type of request were granted, the ability of
the Planning Commission to function would be severely impaired.
Staff would recommend denial of the request as presented and request
Mr. Thompson to return to the Planning Commission and follow
procedures established by them.
,,,IOLUTION o.
Action by City Adn.'Wistrator
Endorse+ A00"
k Modified-- --
T
2 Rejected—�_ . .
? Date .- -- —
Date Submitted to Comm1831on
r
Date Submitted to COUA6.1
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEeP 0. BOX 147oCHANHASSEN, MINNESOTA 55317+(612) 474-8885
STAFF MEMORANDUM
DATE: September 10, 1976
TO: Don Ashworth, City Administrator
FROM: Bruce Pankonin, City Planner
SUBJECT: Rodney Thompson Variance Request
REF: City Ordinance 33, Section 16
PETITTON: As shown in attached exhibit 1, Mr. Rodney Thompson
15525 Shorewood Zane, Excelsior, Minn.) is requesting a variance
to certain provisions of the city's land subdivision ordinance.
Specifically, Mr. Thompson is requesting a variance from the following
ordinance provisions:
Variance: 1. Section 7.03 (h) which states "whenever a portion
of a tract of land is proposed for subdividing and
said tract is large enough of is intended for future
enlargement, a tentative plan°for the future subdivision
of the entire tract shall be submitted to the Planning
Commission." As shown in exhibit 2, Mr. Thompson
wants to separate one building lot from a large parcel
of land located in the Red Cedar Point neighborhood.
Variance: 2. Section 8.01 (b) states "the preliminary plat shall
cover all of the owner's contiguous land, but the
final plat may cover only a portion of the preliminary
plat provided it is in conformity with an approved
preliminary plat." Again, Mr. Thompson desires only
to create one building lot and not concern himself
with the physical characteristics of the entire parcel
of land.
Don Ashworth, City Administrator -2- September 10, 1976
Variance: 3. Section 8.03 (k) states "private streets shall not be
approved. All proposed streets shall be shown on the
plat and will be offered for dedication as public
streets." Mr. Thompson desires local access to the
subject property via an existing private easement.
Variance: 4.
Section 8.06 (b) states "all lots shall have at least
the minimum required frontage on a publically dedicated
street." Mr. Thompson is proposing local access off
of an existing private easement.
Variance: 5.
Section 15.02 which states "no 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 plat or on the official map -of the (city),
or which has been otherwise approved by the (city)
Council. This limitation on issuing permits shall
not apply to planned developments approved by the
(city) Council pursuant to the (city) Zoning Ordinance."
Again, Mr. Thompson desires to create a building lot
which does not abut a city street.
In addition,
numerous other procedural requirements as outlined in
Ordinance 33
(such as plats designed in compliance with the city
plan, topographic and drainage data) are not offered for city
consideration
in Mr. Thompson's subdivision request.
BACKGROUND:
1. Community location: As shown in exhibit 4, the subject property
is located on County Road 15 in the Red Cedar Point neighborhood.
2. Municipal services are in place and available for the subject
property.
3. City Plan proposal:
a. Land Use. As shown in exhibit 3, the subject property
and environs is to assume a low density single family
identity.
b. Local Access. The subject property is to receive local
access from a new cul-de-sac radiating off of County State
Aid 15.
4. Existing Zoning: R-1, Single Family.
Don Ashworth, City Administrator -3- September 10, 1976
PLANNER'S COMMENTS:
1. As you know, the City of Chanhassen enacted Ordinance 33 on
February 20, 1969, with the expressed purpose of controlling the
platting of lands within the city and protecting the health, safety,
order, convenience, and welfare of the residents of the community.
The land platting standards (as outlined in Ordinance 33) are the
minimum standards by which the Planning Commission and Council shall
use to judge the acceptability of proposed plats.
2. As shown above, Mr. Thompson is requesting certain variances
to Ordinance 33. Variances to the Subdivision Ordinance are
authorized by Section 16.01 of said ordinance. Specifically, the
Council may grant a variance from the requirements of the ordinance
where it is shown that by reason of topography or other physical
conditions, strict compliance with the requirements of Ordinance
33 could cause an exceptional and undue hardship to the enjoyment
of a substantial property right; provided, however, that a variance
may be granted only if the variance does not adversely affect the
Comprehensive Plan or the spirit and intent of the Subdivision
Ordinance.
3. The procedure by which a developer petitions for a variance
is authorized in section 16.02. Pursuant to ordinance the Commission
reviewed said variance request on August 25, 1976, and recommended
denial. Specifically the Commission made the following recommendation:
"A motion was made by Walter Thompson and seconded by Tom Noonan
to deny the request for variance because it does not meet the spirit
and intent of that ordinance." Motion carried by three to two vote.
4. Subdivision ordinances were, historically, developed by the
community to protect the unsuspecting home buyer and local governmental
units from the practices of some unscrupulous developer, for example,
some developers simply leveled and bulldozed a parcel of land and
constructed housing units on it without considering the natural
features such as soil, topography or water table and without providing
the necessary facilities such as graded streets, and sanitary or storm
sewer systems. The result is that the unsuspecting home buyers
were faced with such problems as flooded basements (i.e. lots on
Pioneer Trail) washed out streets (i.e. Devils Slide) soil erosion,
cracked foundations, and a host of other problems. Often the local
community was "forced" to provide these services or correct the
mistakes of the past at high cost. These costs, in turn, were passed
on to the individual homeowner through special assessments, and many
of the original home buyers lost their homes because they were unable
to pay.
5. The City Council is presently faced with a proposal which "flies
in the face" of the provisions of the City's Subdivision Ordinance,
hence, the herein petitioned variance request. For the Council to
grant the requested variance, the Council must make a finding of fact
as outlined in Section 16.01.
Don Ashworth, City Administrator -4- September 14, 1976
The Commission considered the issue and recommended denial; the City
Planner is also strongly opposed to the variance request and
recommends denial.
Parenthetically, if the Council grants the requested variances to
Mr. Thompson, how can the city require other developers like Len
Swedlund, Hansen and Klingelhutz and others to follow (like they
have in the past) the literal interpretation of Ordinance 33.
SUITE 190, SOUTHDALE OFFICE CENTRE, 6800 FRANCE AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55435
RODNEY F. THOMPSON
District Group Manager
September 2, 1976
Mr. Donald Ashworth
City Administrator
City of Chanhassen
Chanhassen, Minnesota
Dear Mr. Ashworth:
Z3456
C0
SEP1976
RECEIVED „
CHANHASSEN,
MINN.
You asked that I write you a letter advising you of my desire
to present my request for variance to the council so as to
build a family home on Take Minnewashta.
It's my understanding that I am on the agenda for the September
13 meeting.
My attorney and I have presented this to the planning commission
previously and received a 3 to 2 negative vote. We feel that
this is an unwarranted decision that denies me my rights and
want to discuss it with the City Council prior to the time
we take any other action.
The file is in the hands of Mr. Pankonin or Mr. Hallenbeck.
If there's any other information you need prior to the council
meeting, please contact me.
Sincerely, —�
U
y
Rodney F. ompson
District oup Manager
RFT/ckf
From: City Administrator
Referred To:
Mayor
Council
Planner
Building
Attorney
Engineer
Treasurer
Polico
Parks T
Sheet IFi3fil i.
Utilities
Press
Other
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