77-07 Variance Lot 7 Block 1 Harvir Hill AdditionCITY OF
CUNBASSEN
7610 LAREDO DRIVE • P. 0, BOX 141 • CHANHASSEN, MINNESOTA 55317 • (612) 474.8885
MEMORANDUM
DATE: March 22, 1977
TO: Don Ashworth, City Manager
FROM: Bruce Pankonin, City Planner
SUBJ: East 100 feet of Lot 7, Block 1, Harvir Hill Addition
REF: Attorney Grossman's letter dated March 18, 1977 and Attorney
Larson's letter dated March 21, 1977
Reference is made in Attorney Larson's letter dated March 21, 1977,
to administratively issue a building permit for a parcel of land
which may have been created in violation of the provisions of the
Subdivision Ordinance. On this subject I think we are treading on
unstable ground and the issuance of building permits "administratively"
could lead to a dangerous precedent and problems for us in the future.
On the other hand, I do sympathize with the property owner's desire
to build on a "buildable" lot and the unnecessary red tape this
proposal could generate.
Section 13.04 of Ordinance 33 appears to give an "administrative -out"
in that the City Council has the authority to waive compliance to the
Subdivision Ordinance when the restrictions of the Ordinance create
an unnecessary hardship. The procedure for waiving the Subdivision
Ordinance would require the City Council to adopt a resolution stating
such. With this procedure, staff, including but not'limited to, the
attorney, engineer, planner, manager, and treasurer could review the
request and state their opinions regarding the proposed "waiver" to
the City Council.
If the redivision of Lot 7, Block 1, Havir Hill Addition was divided
in violation of the City Subdivision Ordinance, I suggest the City
pay particular attention to the penalty section (Section 13.03) of the
ordinance and impose the maximum penalty on the property owner.
RU66ELI. H. LARsoN
ATTORNEY AT LAW
$QUO FIR57 NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
RU55ELL N. LARSON AREA CODE 612
CRAIG M. MERTZ March 21, 1977 TELEPHONE 336-0E65
Ref: Resubdivision
Mr: Donald W. Ashworth
Chanhassen City Manager
Box 147
Chanhassen, Minnesota 55317
Re: The East 100 feet of Lot 7, Block 1,
Havir Hill
Dear Don:
Please note the attached letter from Attorney Robert L. Grossman
concerning his representation of a prospective buyer of the above
described property, which is owned by Harlan Koehnen.
The westerly 100 feet of Lot 7 is owned by Gary Brown and wife,
against which the City levied one sanitary sewer and one water
lateral and trunk assessment as a part of the North Area project,
according to the assessment roll which I have in my office.
The East 100 feet was also assessed in that project, the assessment
being for one lateral sewer and one lateral water. The plat book
shows that the parcel in question will meet the minimum lot size
requirement of 15,000 square feet.
I have no records in my file relating to the subdivision of the lot
in 1972, but if the above facts are verified from your records, it
would appear that we would be hard pressed to deny a buildup permit
for this property.
The question to you is whether you feel that the permit can be
issued administratively without putting the buyer through the necessity
of seeking a formal resolution approving this lot subdivision.
very truly yours,
RUSSELL H. LARSON
RHL:mep
Encl.
MAR 1971
RECEIVED
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ROBERT SENNETT
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ROBERT L.6R )ESMAN
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March 1.8, 1977
Mr. Russell Larson
1900 First National Bank Building
Minneapolis, Minnesota 55402
Dear Mr. Larson:
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SO SOUTH C 4GHTN STRECT
MINNEAPOLIS. MINNESOTA SSAOE
I represent the prospective buyer of a lot situated in Carver County,
legally described as the East 1.00 feet of. Lot Seven (7), Block One
(1), Harvir Hill. It is my understanding that this parcel is a
subdivision of a larger plat which was divided in 1972 and that
there is a question as to whether the subdivision was approved by
the Chanhassen Village Council.
If the property is not currently in compliance with the Village
ordinances dealing with the subdividing of property, can the
required approval be granted administratively so as to avoid the
delays in waiting for a council meeting? Since the parcel involved
meets the Village's minimum size requirement of 15,000 square feet
and further since this property has already been assessed for sewer
and water, we would hope this matter could be handled administratively.
The buyer intends to build a house on the property in question.
Could you inform me as to whether the Village would issue a building
permit for this property, given that the request for a permit
conformed in all other respects to the building code.
Yours
very truly,
Robert L. Grossman
RLG:cmt
CC: Mark Kuhnly