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77-09 Variance Lots 1902, 1915, 1916, 1917, 1918 Plat of Carver Beach Scanned Planning FileCITY OF CBANBASSEN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN. MINNESOTA 55317 • (612) 474-8885 March 23, 1977 Teri Homes, Inc. 820 East Lake Street Wayzata, MN 55391 Re: Variance to City Zoning Ordinance Dear Sir: The Chanhassen City Council on Monday, March 21, 1977, acted to approve a lot area variance for Lots 1902, 1915, 1916, 1917, and 1918, Plat of Carver Beach. Your next move should be to submit appropriate building plans to our building inspector and receive the necessary permits. If you have any questions regarding the above, please feel free to contact Jerry Schlenk at 474-8885. Sincerely, Bruce Pankonin City Planner BP: k 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 17, 1977 at 7:00 p.m. at City Hall 7 10 Laredo Drive All interested persons may appear and be heard at said time and place. APPLICANT: Teri Homes Inc. PLANS: Build a single family dwelling on a lot smaller than 15,000 square feet. For further information, contact Bruce Pankonin, City Planner, 474-8885. # N t n -24- VARIANCE. PETITION CASE NO. VAR. CITY OF CHANHASSEN CARVER AND IIENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant: Name: Last Address: Date of Application / y 77 Fee Paid W35.°° Date g-/-7�— Received i 74/G/n es /,y C �. s- and Stre ty initia Owner Name: Last First Initial Address: Number and Street City State Zip Code Address of Property in question: Legal description of property in question: a P�'Z f3-T' ct 4 2 u♦ K R e 4 G/'f Present zoning of property: Present use of property: Proposed use of property: tv e W 1-1-d /n !_ rRM -25- The following documents shall be attached to this application: Date Received Initial J- 1. Sketch plan •�' 1 � �'6 ��-0 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 :.his Signature of Owner Date Received by Title Date (Following to be completed by Zoning Administrator or city official) ..,n.. ate By Public Hearing by Board of Ad' ustments and A eals Board o Ad3ustments and Appea s ost oned to i I Adjacent 2ropert-v owners notified ,—Application.on Council Agenda 'Council postponed to Council action - c- -26- BOARD OF ADJUSTMENT AND APPEALS On this day of , 19 , this variance action was reconunended for (approval , disapproval) for the following reasons: Chairman or boardOt Adjustments and Appe 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 CERTIFICATE OF SURVEY FOR: TERI HOMES V c n 1B d ;•• x99f• , , I 1 z wt � S �6•� ' y � , t� 1 8 °J � 30 o�- �a t General Notes o Denotes iron monument. mx Denotes existing eleva- tion. Denotes proposed eleva- tion. LEGAL DESCRIPTION Lots 1902, 1915, 1916, 1917 and 1918, CARVER BEACH. hereby certify that this is a true and correct representation of a survey of File No., the boundaries of the above described land and of the location of all buildings, DEMARS - GABRIEL if any, thereon, and all visible encroachments, if any, from or on said land. 8 33 LAND SURVEYORS, INC. As surveyed by a this 2 th day f February 1977 Book — Page Ply Harbor Lane 41 — 1 � _ 3 Plymouth MN 55441 _ Phone: (612) 559-0906 Scale Gar . Ga riel 9066 inn. Reg. No. n i rTeri Mr. Terry Slusar Homes Inc. ner Mandan Ave. 67 John an Ave. c/o Roger Smith 820 E. lake St. Wayzata, NCI 55391 Excelsior, MN 55331 Excelsior, 6750 Mandan ,Excelsior, NN 55331 Mr. William Huntington Mr. Joseph Kopp Mr. William Smith 306 Summerville St. �4 12 W. 39th St. 6750 Mandan Excelsior, MN 55331 Shakopee, MN 55379 Minneapolis, MQ Mr. Bruce Sparrnxn Mr. Donald Nelson Mr. Eugene Gravelle Rt. 4 Box 157 Rt. 7 West 68th Street Mom, MN Excelsior, MN 55331 Mr. Floyd L. Osmundson Jr. Mr. Wayne Peterson Mr. Dwight Imker 5517 83rd Ave. No. ,"' 100 Rustic Lodge Ave. Minneapolis, MN 6790 Mandan Excelsior, MN 55331 Brooklyn Park, MN �M Mr. Nick Zeimer Mr. Ronald Schultz Mr. Mark Headstream 3 Rt. 1 Box 826 , 6753 Laredo Drive Rt. Annandale, M Excelsior, MCI 55331 Excelsior, MN 55331 Mr. Richard Pearson Mr. Richard Rssin N. { " 7307 Frontier Trail 6792 Carver Beach Road y Chanhassen, MN 55317 Excelsior, MN 55331 , Mr. Roman Roos Mr. K.H. Gustafson Mr. Foster Janich i 6777 Carver Beach Road 8001 Cheyenne Ave. c/o M.K. Johnson 6795 Nez.Perce Excelsior, MN 55331 Chanhassen, MN 55317 Excelsior, MN 55331 M'. Willard Johnson Mr. Adolph Tessness Trail Mr. Vernon Bauman 741 Carver Beach Road 1660 W. 63rd St. Excelsior, MN 55331 7727 Frontier Chanhassen, MQ 55317 Excelsior, m 55331 Mr. Harlan Koehnen Mr. R.G. Tenney Rt. 5 Box 264 725 Kimball St. NE Excelsior, MN 55331 Minneapolis, MN Mr. Lewis Woitalla Mr. Gorge Herrmann 6740 Powers Blvd. 795 Carver Beach Road Excelsior, MN 55331 Excelsior, NCI 55331 `i Ms. Harriet NoruM Mr. E.E. Johnson Box 674 834 Ivy Road Excelsior, MN 55331 Excelsior, M. 55331 7 b- CITY OF CUN89SSEN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 PLANNING REPORT DATE: March 18, 1977 TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Teri Homes, Inc,, Variance Request LEGAL DESCRIPTION: Lots 1902, 1915, 1916, 1917, and 1918, Plat of Carver Beach Community Location As shown on the community location graphic, the subject property is a "through -lot" fronting on Mandan and Laredo Drive in the Carver Beach neighborhood. The subject property contains approximately 10,000 square feet of real estate. Comprehensive Plan Proposal The subject property is shown as a Neighborhood Park in the Carver Beach Plan. Laredo Drive, which forms the subject property's eastern border, is proposed to be converted .to a city trail. Access to the subject property is to be via Mandan. Municipal Utilities Sanitary sewer and water is available to the subject property. The subject property, because of its "small size", was not assessed a sewer and water unit. The subject property, however, has an area assessment of approximately $900. Petition This petition involves a variance request to the area requirements of the R-1 use district. As you know, the Carver Beach neighborhood is zoned residential and 15,000 square feet minimum is required. However, the city's plan for land use suggests that all properties east of Nez Perce be rezoned to allow lots in the 10,000 square foot range. Parenthetically, the city's assessment policy recognizes the r Don Ashworth -2- Burch 18, 1977 spirit and intent of the Carver Beach Plan by placing unit assessments on 10,000 square foot increments. Planner's Comments In reviewing this variance request, the City Council should ask the following questionsregarding the proponent's request: 1). Does the zoning variance lead to practical difficulties or undue hardship 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 actions on the part of the owner? 4). Is the landowner unable to acquire adjacent land so as to meet the dimensional standards of the zoning 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 and city plan? If these questions cannot be answered, in the affirmative, by the City Council, 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 'i the zoning ordinance. From my perspective, as City Planner, feel much more comfortable if the subject property and all the property located east of Nez Perce were rezoned by the City Council to allow 10,000 square foot lots as called for in the Carver Beach neighborhood plan. By denying this variance request, the city would not be inconsistent with the neighborhood plan or the established assessment policy for municipal sanitary sewer and water. Board of Adjustments and Appeals Recommendation On Thursday, March 17, 1977, the Board of Adjustments and Appeals held a public hearing to consider the variance request for Teri Homes. The Board recommends that d variance be granted to the dimensional standards of the zoning ordinance because the subject property "almost meets the 10,000 sq. ft. as called for in the Carver Beach Guide Plan" and the subject property borders on "what appears to be an unbuildable lot". Planner's Recommendation Philosophically, I have a problem with handling this planning proposal as a variance request. I think the City Council should begin to implement the city plan by rezoning the land east of Nez Perce as called for in the Carver Beach neighborhood guide. If the Council Don Ashworth -3- March 18, 1977 grants the variance, as requested, the applicant is able to meet all the setback requirements of the ordinance, and further, the subject house-wi4 front on Mandan and not Laredo Drive. ad*� Do SLmmftted to Cnmm11110n pets Submitted to CW4 /Lai 1 C7O w `� rim - zClio o, y 4mo CA CA a 1 � N 0 a 3 a a0^� i m: ae h. R 2 0 A 3 0 ri o Pi a 4y a r > 1P 3E a 0 � s ,44 Wig ry -�CD Cam O wL o Mu, e CP/0 �kDoro O O O 0 �r� C$ t%N& ror oto H Y 0a A0y Ill P. N00 IN z u BOARD OF ADJUSTMENTS AND APPEALS MEETING MARCH 17, 1977 Willard Johnson, Roman Roos, and Dick Pearson were present. VARIANCE REQUEST - TERI HOMES, INC. Teri Homes, Inc. is requesting a variance to construct a home on property of less than 10,000 square feet in the Carver Beach Neighborhood. Mrs. Harriet Norum was present objecting to the proposal because she feels it is being proposed to close to her home and also because it does not meet the 15,000 square foot requirement. A motion was made by Will Johnson and seconded by Dick Pearson to approve the variance request because the home will meet the city setback requirements even though the lot does not meet the 15,000 square foot requirement. The lot almost meets the 10,000 square foot requirement as setforth in the Carver Beach Guide Plan. The property borders on what appears to be unbuildable property. The following voted in favor: Will Johnson and Dick Pearson. Roman Roos voted no. Motion carried. VARIANCE REQUEST - JOHN VARNER: Mr. Varner is requesting a variance to construct a home on Lots 1122, 1123, 1129-1133 in Carver Beach. The property is 14,000 square feet. A motion was made by Dick Pearson and seconded by Roman Roos to approve the variance request to construct a home on Lots 1122, 1123, 1129-1133, Carver Beach. The owners of Lots 559, 568, and 560 should be called to see if they have any objections as they were not notified of the hearing. Motion unanimously approved. Willard Johnson Board of Adjustments and Appeals �J 7610 LAREDO DRIVE CITY OF CUNBASSEN • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 PLANNING REPORT DATE: March 11, 1977 TO: Board of Adjustments and Appeals FROM: Bruce Pankonin, City Planner SUBJ: Teri Homes, Inc. Variance Request LEGAL DESCRIPTION: Lots 1902, 1915, 1916, 1917 and 1918, Plat of Carver Beach Planner's Comments 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 city 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 be issued under certain circumstances. Basically, a 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 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 a 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 weaken the zoning and planning process. Many planning professionals are recommending Board of Adjustments and Appeals -2- March 11, 1977 that the use variance be prohibited and that the zoning amendment or conditional use permit be used in the place of the 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, Ref. Minnesota Statutes 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 reminant, 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 as a safety valve in those cases where a land owner incurs a hardship to 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 actions on the part of the landowner? 4. Is the landowner unable to acquire adjacent land 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 Board of Adjustments and Appeals and City Council, then the variance should not be granted. Teri Homes Inc. Variance Request Community Location: The property in questions is lots 1902, 1915, 1916, 1917 and 1918, Plat of Carver Beach. Existing Zoning: R-1 Single Family Residential. As you know, within this use district 15,000 square feet of land area is required. Petition: The petition involves a variance request to the area requirements to the R-1 use district. As shown in the attached, the subject property contains 8,000 square feet of land area. Board of Adjustment. and Appeals -3- March 11, 1977 Planner's Comments The criteria for evaluating a variance request is shown above. Under this review stage, the Board of Adjustments and Appeals should pay particular attention to questions 4, 5 and 6 above. Staff recommends denial of this variance request because of the small lot size. 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 17, 1977 at 7:00 p.m. at City Hall 7610 Laredo Drive All interested persons may appear and be heard at said time and place. APPLICANT: Teri Hares Inc. PLANS: Build a single family dwelling on a lot smaller than 15,000 square feet. For further information, contact Bruce Pankonin, City Planner, 474-8885. -2A ,VARiANCN PETI`l'ION CASE NO. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application %°%Zrtac.� / y77 Fee Paid w�.°0 Date Received bg Applicant: Name: / c/ ,r/Pl es Last / First Init. Address: x?i�r} .�* Z-, /#Re 7,r,* 7- /7474 M,.vr' Number and Street City %State Owner- ca Name: Last First Initt, Address: Number and Street City State Zip Code Address of Property in question: Legal description of property in question: �} i�Lor,e toAgC Present zoning of property: Present use of. property: Proposed use of property: ) e W "r/ a /7%, to e_- -25- The following documents shall be attached to this,applicationt Date Received Initial 1. Sketch plan -3 ` 27 2. Abstractors Certificate % 3. Fee paid 3 ' - 27 I hereby declare that all statements made in this application and on the attached documents are true, and that Z shall reimburse the City of Chanhassen for all City expenses incurred in processing this Signature of Owner Date Received by Tit fe Date (Following to be completed by Zoning Administrator or City official) r�uununr.nr_v - - Date By Public Hearing by i Board of Adjustments and Appeals ;Board of Adjustments and Appeals postponed to i [Adjacent 12roperty owners notified jAp2lication on Council Agenda Council postponed to Council action E;!W- -26- BOARD OF ADJUSTMENT MID APPEALS On this day of action was recommended for ' 19 this variance (approval , disapproval for the following reasons: C airman o oar o A us ents an Appe Action by City: On this day of , 19 , the Chanhassen City Council, Carver and Hennep n Count es, Minnesota (approved), (disapproved) this variance petition for the following reasons: By Order of the Chanhassen City Council Mayor Attest: City Administrator FOR: CERTIFICATE OF SURVEY TERI HOMES J��s V 9 /C3 85P1"t X o6 t� sal i l,cA i v'. 0 m w m -- i t 30 1 X a C v Q m rs DEMARS - GABRIEL LAND SURVEYORS, INC. 3M Harbor lane No. Plymouth MN 55"1 Phone; (012) 559-09W o x993.3 4 o a M 2A Ave General Notes o Denotes iron monument. x Denotes existing eleva- tion. ( ) Denotes proposed eleva- tion. LEGAL DESCRIPTION Lots 1902, 1915, 1916, 1917 and 1918, CARVER BEACH. I hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. As surveyed by a this 2 th day f February 1977 t - - ! A - el Reg. No � 9066 File No.; 833 Book — Page 15-3 Scale I "= 30 19 w Mr. :berry Slusar Teri Homes Inc. .4r• John Breitner c/o Roger Smith 820 E. Lake St. 6789 Mandan Ave. Excelsior, MN 55331 6750 Mandan Wayzata, MN 55391 ,Excelsior, MN 55331 Mr. William Huntington Mr. Joseph Kopp Mr. William Smith 6750 Mandan 306 Sum wrville St. 12 W. 39th St. Excelsior, MN 55331 Shakopee, MN 55379 Minneapolis, MQ Mr. Bruce Sparrman Mr. Donald Nelson Mr. Eugene Gravelle Rt7 Rt. 4 Box 157 . West 68th Street Mound, MN Excelsior, MN 55331 Mr. Floyd L. Osnundson Jr. Mr. Wayne Peterson Mr. Dwight Iffker 5517 83rd Ave. No. 100 Rustic lodge Ave. 6790 Mandan Brooklyn Park, MN Minneapolis, MN " Excelsior, MN 55331 Mr. Nick Zeimer W. Donald Schultz Mr. Mark Headstream Rt. 3 Rt. 1 Box 826 f4 6753 Laredo Drive Annandale, M Excelsior, MN 55331 Excelsior, MN 55331 Mr. Richard Pearson Mr. Richard Rossing {*. 7307 Frontier Trail 6792 carver Beach laud Chanhassen, MN 55317 Excelsior, MN 55331 ., Mr. Roman Roos Mr. K.H. Gustafson Mr. Foster Janich 8001 Cheyenne Ave. c/o M.K. Johnson 6777 Carver Beach Road m 55331 Chanhassen, MN 55317 6795 Nez Perce Excelsior, Excelsior, MN 55331 Mr. Willard Johnson Mr. Adolph Tessness Mr. Vernon Bauman Beach Road 1660 W. 63rd St. 7727 Frontier Trail 741 Carver m 55331 Excelsior, MN 55331 Chanhassen, M9 55317 Excelsior, Mr. Harlan Doehnen '. Mr. R.G. Tenney Rt. 5 Box 264 725 Kimball St. NE Excelsior, MN 55331 Minneapolis, MN +t Mr. Lewis Woitalla Mr. George Herrmann 6740 Powers Blvd. 795 Carver Beach Road Excelsior, MN 55331 „ Excelsior, M 55331 +4 Ms. Harriet Norm " Mr. E.E. Johnson Box 674 834 Ivy load Excelsior, MN 55331 Excelsior, MN 55331