77-02 - No-conforming Lots ZOA pt 1i-f-2,
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E.SKAAR
Mr. Donald
Chanhassen
Box 147
Chanhassen,
Dear Don:
LARS01V SC MERTZ, LTD.
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
W. Ashworth
City Manager
MN 55317
December 8, 1977
TELEPHONE
(612) 33S-9565
Re: Non -conforming lots
Amendment to Zoning Ordinance
Attached is the original of my letter of November 29, 1977 to Bruce,
to which is attached the original of my initial draft of the
proposed amendment of the Zoning Ordinance to allow for non -conforming
lots under certain circumstances. You have requested that I rework
the proposed amendment to incorporate those changes which you have
marked on the initial draft.
I have taken another look at this situation, and have put together
a new draft, which I feel incorporates the thoughts expressed by you
as set out in your notes. A copy of this new draft, marked "Rev. 12/8/77"
is attached for your study.
As I interpret our discussion and your notes, your intent was to provide
under the new revision that it was not to be construed to allow the
consolidation of two or more adjoining platted lots into one single
family residential building site, if the consolidation would result in
the loss of assessments to the City.
Your comments will be apprecia,-ed.
Chanhassen
RH L : mep
Enc 1.
LARS OIST
City Atto
131';
DEC 1977
RECEIVED
Na VILLAGE 019
clGHANHASSF,N�
MIMM
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: October 4, 1977 v
y TO: Planning Commission and Staff 7d
FROM: Bruce Pankonin, City Planner
SUBJ: Proposed Amendment to Chanhassen Zoning
J�.15, Zoning Lot Limitations
Attached hereto, for your consideration and review, is a notice of
public hearing to consider expanding the scope of the Chanhassen
zoning ordinance. Staff would recommend, based upon survey and
analysis of all single family subdivisions within the city, that
ordinance 47, Section 19.15 be amended as shown in the notice of
p1ib.lic hearing.
I will have graphics (to be delivered under separate cover) available
for Wednesday night that will highlight all of the platted lots which
do not conform to existing zoning district requirements.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING ON
PROPOSED AMENDMENT TO CHANHASSEN ZONING ORDINANCE 47
SECTION 19.15 "ZONING LOT LIMITATIONS"
NOTICE IS HEREBY GIVEN, That the Planning Commission of the City
of Chanhassen will meet on Wednesday, October 12, 1977, at 7:30 p.m.
at the City Hall in said City for the purpose of holding a public
hearing on a proposed amendment of the Chanhassen Zoning Ordinance,
Section 19.15 Zoning Lot Limitations. The purpose of this public
hearing is to consider public testimony on the subject of expanding
the scope of the Chanhassen Zoning Ordinance by including the following
statement in Section 19.15:
1. "Only one principal structure shall be permitted on each
zoning. lot."
2. "A lot or platted lot of record shall be deemed a buildable
lot provided it has frontage on a public right-of-way and
said space requirements for the district in which it is
located or adjusted to conform as follows:"
3. "A platted lot of record upon the effective date of this
ordinance which is in an "R" district and which does not
meet the requirements of this ordinance as to area or
width, may be utilized for single family detached dwelling
purposes provided the measurements of such area, width
or open space are within 50% of the requirements of this
ordinance and sanitary sewer is in place and assessed to
the platted lot of record, and the principal structure
which is proposed to be constructed on the plat of record
shall conform to all setback requirements of the district
in which the platted lot of record is located."
All persons interested in expanding the scope of the zoning
ordinance may appear and be heard at said time and place.
BY ORDER OF THE PLANNING COMMISSION
Bruce Pankonin, City Planner
Dated: September 26, 1977
Publish in the Carver County Herald on September 28, 1977.
Clt; _.'1HASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING ON
FROPOSED AMENDMENT TO
CHANHASSEN ZONING ORDINANCE 47
SECTION 19.16
"ZONING LOT LIMITATIONS"
1S HEREBY GIVEN, That the Planning
._;ion of the City of Chanhassen will meet on
'�a_day, October 12, 1977, at 7:30 p.m. at the City
.A ::: said City for the purpose of holding a public
eat on a proposed amendment of the Chanhassen
,:ori': ainance, Section 19.15 Zoning Lot Limitations.
of ails public hearing is to consider public
.:;•1 on the subject of expanding the scope of the
zs.n Zoning Ordinance by including the
«ita statement in Section 19.15:
()a:y one principal structure shall be permitted on
..er'ng 1 t.„
2 4,i t .>_ nlatted lot of record shall be deemed a
SUL44:!e lot aravided It has frontage on a public right-
ef•wsy and Wd space requirements for the district in
w 10c,h it 1 ,t^d or adjusted to conform as follows:"
"A ,, xt.. iut of record upon the effective date of
s r c•�rc•: which is in an "R" district and which
ateet the requirements of this ordinance as to
, width, may be utilized for single family
ac•Pd daeaicg purposes provided the
em?ntt of such area, width or open space are
y"n Scj6 of ire requirements of this ordinance and
s^Wer ::h place and assessed to the platted lot
id the principal structure which is proposed
•:d on the plat of record shall conform to
e.,.;,.ements of the district in which the
,eeord is located."
.:t+ es , .terested in expanding the scope of the
Dinar.;. t may appear and be heard at said time
BY ORDER OF THE
PLANNING COMMISSION
Bruce Pankouln, City Plainer
ember 26, 1977
arver County Herald on September 28,
Affidavit of Publication
Sate of Minnesota )
) ss.
County of Carver )
William I Ze G ar ry , being duly sworn, on oath says he is and during
all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full
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 a week. (3) Said news paper has 50% 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 publication and is not made up
entirely of patents, plate matter and advertisements. (4) Said newspaper 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% 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 City of Chaska 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 the managing officer of said
.newspaper, persons in its 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 one year 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
managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed 1iif!endment_ mD Znn:in`r 0-rd •
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 successive weeks; that it was first so published on[ Te d . the 2 8 t h
day of iS,P. T] t, 197-7 and was thereafter printed and published on every to and
including the day of 19 and that the following is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and
publication of said notice, to wit:
a bcde fghijklmnopgrstuvwxyz
Subscribed and sworn to before me this day of
(Notarial Seal)
LORRAINE LANO
NOTARY PUBLIC — MINNESOTA
Q) CARVER COUNT',
My Commission Expires June 29, 1982
1c�gsasr.NNo= �swasvaa
Notary public, C-63�-4--' County, esota
My Commission Expires 19 d.r
-- .
CITY OF 6-
cHaNHAssEN
7610 LAREDO DRIVE*P.O BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager, Don Ashworth
DATE: December 19, 1977
SUBJ: Zoning Ordinance Amendment, Lot Limitation, Final Reading
On November 21, 1977, the city council acted to place the proposed
lot limitation ordinance on first reading. At that time, the council
requested that staff rework the draft as presented and clarify
certain language. It is the belief of this office that the revisions
as proposed by the city attorney meet the guidelines set by the
council on November 21st.
Final reading of the ordinance is recommended.
Rev. 12/8/77 RHL
A PROPOSED AMENDMENT TO SECTION 19.15
OF THE CHANHASSEN ZONING ORDINANCE
Amend Section 19.15 by adding thereto the following section:
2. A platted lot of record in the office of the County
Recorder or Registrar of Titles of Carver County on
February 8, 1972, which lies within an R-1 or R-2
residential zoning district, shall be deemed a build-
able lot for single family residential purposes, if
said lot meets the following standards:
a. Said lot is served by municipal sanitary sewer
and has been assessed therefor.
b. If said lot does not meet the lot area and lot
width and depth regulations for the residential
zoning district in which it is located, said lot
may nevertheless be utilized for single family
residential purposes, provided the area, width
and depth of said lot are all within 50% of the
requirements of the zoning district in which said
lot is located, and said lot is served by municipal
sewer and has been assessed therefor.
C. Nothing herein contained shall be construed to allow
the division of a platted lot into two or more
dwelling sites; nor to allow the consolidation of two
or more adjoining platted lots into one single family
residential building site, if the effect of said con-
solidation shall be the loss to the city of sanitary
sewer or water trunk or lateral special assessments.
RUSSELL H. LARSON
CRA16 M. MERTZ
OF COUNSCL
HARVEY E.SKAAR
IIARS01V & MERTZ, LTD.
ATTORNEYS AT LAW
ISPOO FIRST NATIONAL BANK BUILDING
MINNEAPOL13, MINNESOTA 55402
November 29, 1977
Mr. Bruce Pankonin
Chanhassen City Planner
Box 147
�Chanhassen, MN 55317
Dear Bruce:
TELEPHONE
(612) 338-0665
Re: Non -Conforming Lots
Amendment to Zoning Ordinance
Following discussion by the Council of the proposed non -conforming
lot amendment to §19.15 of the Zoning Ordinance last evening, I
revised the language of the proposed amendment to read as shown
on the attached amendment proposal.
Please review this language with Don and if both of you find it
acceptable, the amendment can be placed on the agenda for final
reading.
RHL:mep
Encl.
cc: Donald W. Ashworth
RUSSELL H. LARSON
Chanhassen City Attorney
NOV 1977
RECEIVED
YILLA®6 OF
CHANMASBBN,
Nl MINN. . �
Rev. 11/29/77 RHL
A PROPOSED AMENDMENT TO SECTION 19.15
OF THE CHANHASSEN ZONING ORDINANCE
Amerd.Section 19.15 by adding thereto the following section:
2. A platted lot of record in the office of the Register of
Deeds or Registrar of Titles of Carver County on February
8, 1972, which lies within an R-1 or R-2 residential
zoning district, shall be deemed a buildable lot for
single family residential purposes, if said lot meets the
following standards:
a. Said lot is served by municipal sanitary sewer and
has been assessed therefor, and
Sa' lot as fron.ta a on a lic street a d meets
tare r�rinte ar�d are rey�ir en r t �sidential
.� oni distrl-zt in who a it i ,�at d or
/�
C. If said lot dror r-Gn-,age--.requre-
ments--orf--thTs or-ainanc, said._.loti ._may._lae.._utilized.._.for
single -..€-a ii-31y ---res•3dential -purpose-s-- provided-4-t has
frontage on a public street and the dimensions of said
lot area and frontage are within 50% of the requirements
of this ordinance, and said lot is served by municipal
sanitary sewer and has been assessed therefor.
d. Nothing herein contained shall be construed to allow
the division`Af a platted lot into two or more dwell'
s site, �,
II /`fib � v'l..r. C-L o , S i c r✓ f wci o,..y '�+a�. n /p s.,�ovl
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