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77-1 Variance 3895 Lone Cedar Lane Scanned Planning File,,,IOC-UTION A. Action tv Dr Reieded."".r""' 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTA 553170(612) 474-8885 PLANNING REPORT DATE: February 23, 1977 TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: James McManus Variance Request LEGAL DESCRIPTION: Lot 4, Block 2 Trolls Glen 1st Addition Zoning Variance Perhaps the zoning device which is least understood and the most subject to abuse is the zoning variance. The term "variance" has been interpreted by many local officials, and some planning officials in the colloquial sense, that is, as a variance from the zoning ordinance that can be issued by the local community at will. It should be noted at the on set, however, that a variance has a special meaning and should only be issued under certain special circumstances. Basically, a zoning variance is a modification of the terms of the zoning ordinance in order to provide relief to a 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 must not have been created by the actions of the land owner. There are two types of variances - the bulk or area variance and the use variance. The bulk or area variance deals with h modifications in area requirements such as lot width.or depth, or setback requirements. The use variance is an authorization of land in a district that differs from the land use normally allowed in that district. It should be emphasized that many planning professionals, including this planner, are opposed to the use variance for a number of reasons. For one, the issuance of the use variance is likely to create a monopoly situation in a particular land use district. Second, if too many use variances are issued by the elected officials, it will seriously Mr. Don Ashworth -2- February 23, 1977 weaken the zoning and planning process. Many planning professionals are recommending that the use variance be prohibited and the zoning amendment or conditional use permit be used in the place of a use variance. Parenthetically, the Municipal Planning Act only authorizes one type of use Variance, that is, temporary use of a single family dwelling as a two family dwelling, reference Minnesota Statutues 462.357, Subdivision 7. If use variances are not allowed then the variance should only be applicable in those cases where the owner, because of an odd shaped lot or lot remnant, is unable to meet the dimensional standards in the zoning ordinance. It should be noted that special restrictions can be imposed in those cases where a variance is granted. The main purpose for the variance is to serve a safety valve in those cases where a landowner incurs a hardship through no fault of his own, but as a result of the zoning ordinance. If the area variance were not authorized, many zoning ordinances would probably be held unacceptable by the courts. In reviewing a variance request, the Board of Adjustments and Appeals and City Council should ask the following questions regarding the proponent's request: 1. Does the zoning variance lead to practical difficulties or undue hardships on the part of the property owner in the use of his property? 2. Is the hardship unique to the property? 3. Is the hardship caused by any actions on the part of the landowner? 4. Is the landowner unable to acquire adjacent lands so as to meet the dimensional standards of the ordinance? 5. Will the proposal alter the essential character of the area? 6. Is the proposal in conformance with the spirit and intent of the zoning ordinance? If these questions cannot be answered in the affirmative by the Council, then the variance should not be granted. James McManus Variance Request Community Location: The property in question is 3895 Lone Cedar Circle. Legal Description of the Property in Question: Lot 4, Block 2, Trolls -Glen 1st Addition, Chanhassen, Carver County, Minnesota. Existing Zoning: R-1 Single Family Residential. Petition: 10 foot front yard setback variance. Mr. Don Ashworth �) -3- February 23, 1977 Planner's Comments 1. As shown in the attached, the subject property is a "corner lot" with frontage on three streets. Applying the front yard setback provisions of ordinance 47 would require the house to be located 30 feet from the right-of-way line of the three streets and ten feet from the property line on the west. 2. As shown, the petitioner is requesting a front yard setback variance from the yard restrictions on Lone Cedar Lane. 3. At the time of subdivision of the Trolls -Glen addition, City staff recommended a different lot configuration than that submitted by the developer. At the time of submittal, adequate assurances were given that all the houses would be architecturally designed and that no variance requests would be forthcoming. Since plan approval, one variance has been granted in the Trolls -Glen Addition and three other variance requests have been discussed with the Building Inspector. Parenthetically, four variances out of eleven lots seems to be inordinate amount for a small subdivision. In addition, it is interesting to note the care in which the owner of lot 1, block 1, used to site his house and still meet all city setbacks when we consider the physical constraints of that parcel of land. Planner's Recommendation The planner recommends denial of this variance request and suggests the owner of Lot 4, Block 2, redesign the principal structure to conform with all City setbacks. Board of Adjustments and Appeals Recommendation The Board of Adjustments and Appeals met on February 23, 1977, to consider Mr. McManus's request. The Board recommends that the Council grant the variance petition as requested. Aaron N M AdMIOS Or Date UbOW to l'Amr�'suto wl h ltted to 2Z-z i Z - -24- VARIANCE PETITION CASE 14O. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Fee Paid' llat 7q iy 7 Received y Applicant: Name: McManus James M. _ Last First Initial Address: 5240 Black Friars Number and Street City State Zip Code Owner Name: Same Last First Initial Address: Number and Street City State Zip Code Address of Property in question: 3y9s Legal description of property in question: Lot 4, Block 2, Trolls -Glen First Addition Chanhassen, Carver _ Countv. Minnesota Present zoning of property: Residential Present use of property: Residential Proposed use of property: Residential -25- The followi.ncj documents shall be attached to this application: Date Received Initial ,( 1. Sketch plan 4' -" L� 2. Abstractors Certificate `�" h/- 77S ��9-97 XS 3. Fee paid -5 5, o O I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City of Chanhassen for all City expenses incurred in processing this c, a#-r,ra or Aovl cant James M. McManus C SI.g ture of Owner January 257 , 1977 Date y-77 (Following to be completed by Zoning Administrator or City official) ...:. .. Date j3y t Public Hearing by Board of Adjustments and. A eals Board of Adjustments an Appea s postponed to I I Adjacent ro ert owners notified A lication on Council A ends ` (Council postponed to Council action - -26- OP ADJUSTMENT AND APPEALS On this day of , 19 , this variance action was recommended for (approval), (disapproval) for the following reasons: Chairman of Board of Adjustments and Appea 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 JOLUTION o, 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P O. BOX 1479CHANHASSEN, MINNESOTA 55317*(612) 474-8885 January 31, 1977 Mr. Dan Herbst PEMTON, Inc. 8200 Humboldt Ave. South Bloomington, MN Re: Variance Request, Lot 4, Block 2, Trolls Glen lst Addition, Chanhassen, Minnesota Dear Dan: I hate to sound like a bureaucrat, but the documents you submitted for the aforementioned variance request are not of sufficient detail for staff to determine whether the variance request is valid or not. As you know, variances can be granted by the City Council only if the following facts are proven: 1. That there are special circumstances or conditions affecting the land, building or use; 2. That the granting of a variance is necessary for the preservation and enjoyment of substantial property rights; 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property in the area adjacent to the property for which the variance is sought; and, 4. That the granting of the variance will be in the keeping with the spirit and intent of the zoning ordinance. ., Mr. Dan Herbst -2- January 31, 1977 a Until you can prove strict compliance with the provisions of City Ordinance 47 imposes undue hardship or practical difficulties to the property owner, this variance request cannot proceed any further. Dan, in candor, we just cannot see why a variance request is warranted for the subject property. It appears to us that the garage could be moved an additional ten (10) feet to the south on the subject property. Thank you for letting me correspond with you. If you have any further questions, please feel free to contact Jerry Schlenk at 474-8885. Very truly yours, Bruce Pankonin City Planner BP:k cc: Jerry Schlenk, Building Inspector �'1 CITY OF CHANHAS.SEN AFFIDAVIT OF MAII.:NG NOTICE OF PRELIMINARY IMPROVEMENT HEARING STATE` OF MINNESOTA ). ss. COUNIY OF CARVER, ') DON ASHWORTH , being first duly sworn, on oath deposes 4nd says that he is and was on FEBRUARY 10 1977 ,the duly quaii.icd Manager acting City the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a variance request for James McManus improve; :ai:� in the City to the owner of. each parcel within the area proposed to be assessed fcr said improvamart as set forth in said notice, by enclosing a copy of said notice in an anvelopa addressed to such owner, and depositing the envelopes addres"d to all such owners in the Uritad States mails with postage fully prepaid thareon; that the r6.nas arci addressas of such owners ware those appearing as such by the records of the County Treasurer of Caivar County, Minnesota, -and bv. other a.00rooriata records. .... . i z� City anaq K Subscribed and sworn t0 befora Ina 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 Wednesday February 23, 1977 at 7:00 p.m. at the site (3895 Lone Cedar Lane) All interested persons may appear and be heard at said time and place. APPLICANT: James McManus PLANS: Mr. McManus is requesting a 10 ft. variance f front yard setbacks. Ordinance 47 states that front yard setbacks shall be 30 feet. Mr. McManus is requesting permission to build 20 feet from the front property line. L -24- VARIANCE PETITION CASE 14O. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Fee Paid$ Dat r o?q ig q Received y Applicant: Name: McManus James M. Last First Initial Address: 5240 Black Fri 55343 Number an Street City State Zip Code Owner Name: Same Last First Initial Address: Number and Street City State Zip Code Address of Property in question: 3Y?5 x �'.. "-640a� Legal description of property in question: Lot 4, Block 2, Trolls -Glen First Addition Chanhassen, Carirar County, Minnesota Present zoning of property: Residential Present use of property: Residential Proposed use of property: Residential 5 -25- The following documents Shall be attached to this application: Date Received Initial 1. Sketch plan _ - 7 2. Abstractors Certificate ��' �" �77 O S +�9f�27 3. Fee paid -5 -5, o 0 �s I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City of Chanhassen for all City expenses incurred in processing this v re o January Z. S , 1977 y-77 ce (Following to be completed by Zoning Administrator or City official) Date By Public Hearing by Board of Adjustments and Appeals o2 - a 3 Board of Adjustments and Appeals ost oned to I Adjacent propertV owners notified i A lication on Council Agenda (Council postponed to Council action I -26- BOARD OF ADJUSTMENT AND APPEALS on this day of 19 , this variance action was recommended for (approval), (disapproval) for the following reasons: Chairman of Board of A justments an Appeal Action by City: On this day of , 19 , the Chanhassen City Council-- Carver and Ffennepin Counties, Minnesota (approved), (disapproved) this variance petition for the following reasons: By Order of the Chanhassen City Council Mayor Attest: City Administrator Mr. James McCleary Mr. Willard Johnson 777 Excelsior 1660 W. 63rd St. Apt. 204 Excelsior, MN 55331 Excelsior, MN 55331 Mr. Eugene Penke Rt. 1 Box 750A Excelsior, MN 55331 Mr. William Scott 7411 Minnewashta Pkwy. Excelsior, MN 55331 Mr. Donald Fleming 18701 Stratford Road Minnetonka, MN 55343 Mr. Daniel J. Herbst 3890 Long Cedar Chaska, MN 55318 Mr. John D. Peterjohn 16237 The Strand Minnetonka, MN 55343 Mr. Nelson "Bud" Andrus 110708 Kings Lane Chaska, MN 55318 Mr. Jerome Ahlman 3890 Lone Cedar Lane Chaska, MN 55318 Mr. David Tester 542 Highland Drive Chanhassen, MN 55317 The Pemtom Company 8200 Humboldt Ave. South Bloomington, MN 55431 Mr. Roman Roos 8001 Cheyenne Ave. Chanhassen, MN 55317 Mr. Dick Pearson 7307 Frontier Trail Chanhassen, MN 55317 Mr. James McManus 5240 Black Friars Lane Minnetonka, MN 55343 Property Owners Within 350 Feet of Lot 4, Block 2, Trolls -Glen First Addition, Chanhassen, Minnesota Variance Request Submitted by James McManus 1. James K. McCleary 777 Excelsior Apartment 204 Excelsior, Minnesota 55331 (Current owner of Rice's Resort) 2. Eugene Penke Minnewashta Boulevard Route 1, Box 750A Excelsior, Minnesota 55331 3. William E. and Betty Scott 7411 Minnewashta Parkway Excelsior, Minnesota 55331 (Scott and Penke property owners abutting west boundary of Trolls -Glen) 4. Donald F. Fleming 18701 Stratford Road Minnetonka, Minnesota 55343 (Lot 1, Block 2, Trolls -Glen First Addition) 5. Daniel J. Herbst 3890 Lone Cedar Chaska, Minnesota 55318 (Lot 1, Block 1, Trolls -Glen First Addition) 6. John D. Peterjohn 16237 The Strand Minnetonka, Minnesota 55343 (Lot 2, Block 1, Trolls -Glen First Addition) 7. Nelson (Bud) Andrus 110708 Kings Lane Chaska, Minnesota 55318 (Lot 3, Block 1, Trolls -Glen First Addition) -2- 8. Jerome S. Ahlman Lone Cedar Lane Chaska, Minnesota 55318 (Lot 4, Block 1, Trolls -Glen First Addition) 9. David Tester 542 Highland Drive Chanhassen, Minnesota 55317 10. The Pemtom Company 8200 Humboldt Avenue South Bloomington, Minnesota 55431 (Lot 1, Block 3, Trolls -Glen First Addition) 11. Balance of lots in Trolls -Glen currently owned by John D. and Verna A. Peterjohn.