77-03 Variance 1610 Lake Lucy Road Scanned Planning FileCITY OF
HAN89SSEN
7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885
PLANNING REPORT
DATE: March 29, 1977
TO: Don Ashworth, City Manager
FROM: Bruce Pankonin, City Planner
SUBJ: Area Variance Request
APPLICANT: Peter Babatz
Pn+i f-i "
The applicant is requesting a variance to the area provisions of the
R-1 zoning district.
Community Location
As shown in Exhibit 1, the subject property is a 22,000 square
foot parcel located on the north side of Lake Lucy Road, 450 feet
east of Yosemite.
Existing Zoning
The subject property and environs is zoned R-1 Single Family Residence.
Municipal Services
Sanitary sewer and water is not presently available to the subject
property.
Planner's Comments
1. Issuance of a building permit for the subject property is governed
by City Ordinance 45, Subd. 2.02. This restriction states "residential
building permits in areas not platted or subdivided by Registered
• Mr. Don Ashworth -2-
March 29, 1977
Land Survey, and which are not served by the Village (City) sanitary
sewer system shall be limited to one single family residential permit
for each 211 acre tracts, which shall have a front yard of not less
than 50 feet, a side yard on one side of not less than 100 feet and
a side yard on the other side of not less than 10 feet, and a rear
yard of not less than 50 feet and which shall adjoin a public road
or Village (City) street. The depth of each such tract shall not
be greater;•than 2 times the width."
2. This petition involves a variance request to the area requirement
(; acre existing - 231 acres required), variance to the side yard setback
provisions of Ordinance 45 and variance to the lot width provisions
as required in Ordinance 45.
3. In reviewing this variance request, the City Council and Board
of Adjustments and Appeals should ask the following questions regarding
the proponents request:
a. Does the zoning variance lead to practical difficulties
or undue hardship on the part of the property owner in
the use of his property?
b. Is the hardship unique to the property?
C. Is the hardship caused by actions on the part of the
owner?
d. Is the landowner unable to acquire adjacent land so as
to meet the dimensional standards of the zoning ordinance?
e. Will the proposal alter the essential character of the
area?
f. Is the proposal in conformance with the spirit and intent
of the zoning ordinance and city plan?
If these questions cannot be answered, in the affirmative, by the
Council and Board of Adjustments and Appeals, then the variance request
should not be granted.
This zoning variance has .the effect of a rezoning proposal in that
the property owner is requesting special consideration for his property
because he cannot meet the area requirements as specified in the
zoning ordinance and city ordinance 45.
Planner's Recommendation
Philosophically, I have a problem with handling this proposal as a
variance request, although the property owner has every right to
petition for such. I think the City Council should stick to the
literal interpretation of Ordinance 45 and deny this variance Aftkt&&JIfftinistrator
for the reasons as stated in the purpose section of said Ordinance 45.
Endorsetl
Modified
Rejected.
Date Submitted to Commission
Date Submitted to Courcd
-24-
VARIANCE: PETITION CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application 2
Fee Paid Date
Received by
Applicant:
Name:
Last p First
Address: I9_.L7ZG1fCty�-Lt L� a
Owner
Name: _ XJ me .4 & -
s
Address:
Number and Street city State Zip Code
Address of Property in question:
ct
Legal description of property in question:
Present coning of property:__ �f
Present use of property:_
Proposed use of property: �Q —
-25-
The following documents shall be attached to this application:
Date Received Initial
1. Sketch plan
2. Abstractors Certificate
3. Fee paid
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
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Received by Title Date
(Following to be completed by Zoning Administrator or City official)
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Date By
Public Hearing by
Board of Ad ustments and.A eals
Board o A justmenta an Appea s
ost oned to
Adjacent property owners notified
!Aj2plication on Council Agenda
Council postponed to
Council action
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-24-
VARIANCE. PETITION CASE 140, VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application 2
Fee Paid Date
Received by
Applicant:
Name: r4 2 u1 — 0
Last
Address: laicr�
Owner
Name:
2!GKL'J U
M
Last rirsL InIT-1d.L
Address: _
Number and Street Ciity State Zip Code
Address of Property in question:
Legal description of property in question:
Present zoning of property:
Present use of property:
Proposed use of property:_
-25-
The following documents shall be attached to this application:
Date Received Initial
1. Sketch plan
2. Abstractors Certificate
3. Fee paid
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
9
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Rece evi d by Title Date
(Following to be completed by Zoning Administrator or City official)
O a RnM[)T.nr V
Date By
Public Hearing by
Board of Ad ustments and -Appeals
Board of Adjustments an Appea s
ost oned to
i
I Adjacent..property owners notified
Application on Council Agenda
-
Council postponed to
Council action
^26_
BOARD OF ADJUSTMENT AND APPEALS
On this day of , 19 , this variance
action was recommended for (approval) , ( sapproval for the
following reasons:
Chairman of Board of Adjustments an Appea
Action by City:
On this day of , 19 , the Chanhassen
City CounciT—,Carver and Hennepin Countlesp Minnesota (approved),
(disapproved) this variance petition for the following reasons:
' By Order of the Chanhassen
City Council
Mayor
Attest:
City Administrator
-24-
VARIANCE PETITION
CASE 140. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES1 MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Applicant:
Name:
Address:
Owner
Name:
Last
Date of Application
Fee Paid Date
Received by
C7 r,irst
reet Citv
rs
n
Address:
Number and Street City State Zip Code
Address of Property in question:
Legal description of property in question:
Present zoning of property:
Present use of property:
Proposed use of property: 4Q -
-25-
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The following documents shall be attached to this,application:
Date Received Initial
1. Sketch plan
2. Abstractors Certificate
3. Fee paid
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
Date
Received by Title Date
(Following to be completed by Zoning Administrator or City official)
I cuRnNnT.nry
I
Date By
iPublic Hearing by
Board of Adjustments and A eals
Board of Adjustments an Appeals
ost oned to
!Adjacent property owners notified
A lication on Council A ends
Council postponed to
Council action
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-26-
BOARD OF ADJUSTMENT AND APPEALS
On this day of , 19 , this variance
action was recommended for (approval), ( isapproval for the
following reasons:
Chairman of Board of Adjustments an Appeal
Action by City:
On this day of , 19 , the Chanhassen
City Council, and Hennepin Counties, Minnesota (approved),
(disapproved) this variance petition for the following reasons:
By Order of the Chanhassen
City Council
Mayor
Attest:
City Administrator
-20-
VARIANCE PETITION
CHRONOLOGY
Introduction:
The purpose of granting a "Variance" is to provide relief
from the strict application of the provisions of the Zoning
Ordinance and impose conditions and safeguards where there are
practical difficulties or particular hardships.
Step-by-step Procedure for Processing an Application Involving
a Variance Request. (Ref. Ordinance '47, Section 22.04)
Step 1. PETITIONER.
Initial Information. All applications for variance shall be
filed in the office of the Zoning Administrator and shall be
accompanied by ten (10) copies of a set of plans and graphics
containing the following information:
a. Sketch Plan showing all pertinent dimensions having an
influence upon the Variance Request.
b. If topography or extreme grade is the basis on which the
request is made, topographic contours at foot intervals shall be
submitted.
C. An Abstractor's Certificate showing the names and addresses
of all property owners within three hundred fifty (350) feet of the
property in question.
d. Pays required filing fee.
Step 2. ZONING ADMINISTRATOR.
a. Reviews documents submitted in Step 1 above, and requests
any missing information from petitioner.
b. Forwards copies of the petition to other staff members or
governmental agencies deemed appropriate at least fourteen (14)
days prior to the Board of Adjustments and Appeals meeting.
C. Sets date for public hearing.
d. Notifies Board of Adjustments and Appeals and adjacent
property owners of forthcoming public hearing.
-21-
e. Prepares Planning Report which includes comments from other
staff and forwards copies to Board of Adjustments and Appeals and
petitioner no later than Friday prior to the scheduled public hearing.
Step 3. BOARD OF ADJUSTMENTS AND APPEALS.
a. Reviews documents and reports submitted in Step 1 and
2 above.
b. Hears petitioner's formal presentation of the proposed variance.
C. The Board of Adjustments and Appeals shall not recommend,
and the Council shall not grant, a variance unless they find the
following facts:
1) That there are special circumstances or conditions
affecting the land, building or use referred to in the application
for the variance.
2) That the granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
3) That the granting of the application 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.
4) That the grant of the variance will be in keeping with
the spirit and intent of the Zoning Ordinance and City Plan.
The Board of Adjustments and Appeals in recommending,
and the Council in granting, a variance may impose conditions to
insure compliance and to protect adjacent properties. The Board
of Adjustments and Appeals and the Council shall not permit as a
variance any use that is not permitted under this ordinance for
property in the zoning district where the land which is the subject
of the variance application is located.
Step 4. ZONING ADMINISTRATOR.
a. Forwards copy of the Board of Adjustments and Appeals
recommendation to City Council.
Step 5. CITY COUNCIL.
a. Grants or denies variance. If a variance is granted the
Council instructs the Building Inspector to issue the appropriate
permits.
b. Denial. Variances may be denied by the Council and such
denial shall constitute a finding and determination that the conditions
required for approval do not exist. No application for a variance
which has been denied wholly or in part shall be resubmitted for
a period os six (6) months from the date of such order of denial,
except on grounds of new evidence or proof of change of conditions
found to be valid by the Board of Adjustments and Appeals.
C. Action Without Decision. If no decision is transmitted
by the Board o Adjustments and Appeals within sixty (60) days
after referral of the appeal or application for variance to the
Board, the Council may take action without further awaiting such
decision.
-23-
Instructions for completing Administrative Form Entitled:
Application for Consideration of Planning Request, Variance Petition.
(Note: This instruction sheet should be given to each applicant
petitioning for a variance.)
1. The applicant should become familiar with the provisions set -
forth in Ordinance 47 as amended entitled "Chanhassen Zoning
Ordinance", and the City Administrative Procedures Manual.
2. If the applicant is requesting a multiple request, such as a
variance which may also involve a rezonin4 or conditional use
permit, separate forms must be filled out for each request.
3. Case No., fee paid and date will be filled out by the
Administrator, or any other authorized person charged with accepting
forms for the Planning Commission.
4. Applicant refers to the person actually submitting the form,
if different than owner. If applicant is also the owner, write
"same" after "name". Address refers to the applicants mailing address.
5. Owner refers to the actual person holding title to the property
in question; it does not refer to a contract buyer, renter, or
lessee. Address refers to the owners mailing address.
6. Address of Property in question refers to subject property
street name and number. If the property is undeveloped, the address
may be obtained from the City Building Inspector.
7. Legal Description of property in question refers to the lot
number, block number and name of subdivision, or if unplatted, the
meets and bounds description or registered land survey as recorded
of the subject property. This information may be obtained from the
Carver County Register of Deeds, located in the County Courthouse,
Chaska, Minnesota.
8. Present zoning of property refers to the specific zoning district
in which the property is located.
9. Present use of property refers to the existing land use, i.e.,
single family residential, office building, agricultural, etc.
10. Proposed use of property refers to the specific improvement
intended for the property in question.
11. Documents attached are required by City Ordinance 47, Section 22.
12. The remaining portion of the application is for administrative use.
r�
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA }
ss.
COUNTY OF CARVER )
DON ASHWORTH
, being first duly sworn, on oath deposes
and says that he is and was on March 31 , 1977 , the duly qualified 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
Peter Babatz Variance Request in the
City to the persons named on attached Exhibit "A 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 by other
appropriate records.
Subscribed and sworn to before me
this day of 1974.
Notary Public
1(2='[�_ y ( � -
City Manager
9'
--1 M.P. Babatz
/ 1 Mr. Willard Johnson
1650 Lake Lucy
Road
1660 W. 63rd St,
m, Excelsior, MN
55331
Excelsior, MN 55331
Lawrence Nystedt
`
Mr. Roman Roos
1630 Lake Lucy
Road
8001 Cheyenne Ave.
Excelsior, MN
55331
Chanhassen, MN 55317.
Peter Babatz
Rt. 60
Pine River,MN
56474
James Palmer
1670 Lake Lucy
Road
Excelsior, MN
55331
s
Terrance Ryan
6450 Yosemite
Excelsior, MN
55331
.a
,t
rr
James Mielke
1645 Lake Lucy
Road
Excelsior, MN
55331
Charles Newman
6540 Yosemite
Excelsior, MN
55331
E
Joseph Glaccum
1510•Lake Lucy
Road
Excelsior, MN
55331
Warren Phillips
1571 Lake Lucy
Road
Excelsior, MN
55331,•
Milt Anderson
6065 Tee Trail
Excelsior, MN
55331
Mr. Richard Pearson
7307 Frontier Trail
Chanhassen, MN
54-33-1
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 ,
March 31, 1977 at 7:15 p.m. at City Hall
a Lare o Drive
All interested persons may appear and be heard at said time and
place.
APPLICANT: Peter Babatz
PLANS: Mr. Babatz is requesting a variance from Ordinance 45
which states that no one shall build a house on less than 2z acres
in an unsewered area. Mr. Babatz is requesting to build a house
on less than 2� acres at 1610 Lake Lucy Road.
All interested persons are invited to attend.
If you have any questions, please contact Bruce Pankonin
City Planner. (474-8885).