77-10 Variance 8404 Great Plains Blvd Scanned Planning FileCITY OF _
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612)474-8885
MEMORANDUM
DATE: March 23, 1978
TO: Bob Waibel, Assistant City Planner
FROM: Bruce Pankonin, City Planner
SUBJ: Bach Variance Request
PLANNING CASE: P-404
I note the February 22, 1978, Board of Adjustments and Appeals
minutes regarding the Bach variance. Please make sure the Board of
Adjustments and Appeals considers this item at their next regular meeting.
I1, �lw�
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CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474.8886
MEMORANDUM
DATE: March 23, 1978
TO: Willard Johnson
FROM: Building Inspector, Jerry Schlenk
SUBJ: Mr. Robert Bach Variance Request, 8404 Great Plains Blvd.
On September 6, 1978, the City Council approved a variance to the R-1
side yard setbacks to allow Mr. Bach to build within seven (7) feet
of his property line. Mr. Bach's original intention was to build a
garage. It is my understanding that the lending institution from which
Mr. Bach was receiving his loan would not borrow the money for a
garage, but would for an addition to his home, such as a family room,
bedroom, etc. He was instructed by the lending institution to close
it in as if it were to be a family room. Once that was done and they
inspected it, he could convert it to the garage.
When I did the framing inspection for the building, it had the appearance
of a garage, i.e. garage door header, sheet rock only on the side that
abuts the house, the garage door opening at this time was closed off
with plywood.
Then Mr. Bach took one of the windows that he had removed from his home
and installed it in the area of the garage door and put a small wood
burning stove in the area so he would have heat while he was working
inside and started to use the room. They liked it as a room and since
they needed the room, decided to convert it to a family room.
I have now written Mr. Bach a remodel permit for a family room.
@IJL�
Board of Adjustments and Appeals
February 22, 1978
Discussion of Robert Bach Variance:
It was brought to the attention of the Board of Adjustments and Appeals
that complications have arisen since the variance approval of Robert
Bach on Great Plains Blvd.
In September of 1977, the city council, subsequent to the Board of
Adjustments and Appeals recommendation, approved a variance to permit
Mr. Bach to construct a garage on the north edge of his property.
Recently the construction has taken on the appearance of being
additional living area instead of a garage.
Last week the building inspector was told to place a stop work order
on the construction and request an explanation from Mr. Bach regarding
the matter.
The board will reconsider this matter at its next meeting.
C
i
CITY OF CHANHASSEN
AFFIDAVIT OF MAII.I,IG NOTICE OF
PRELIMINARY IMPROVEMENT HEARING
STATE' OF MINNrSOTA ).
ss.
COUNTY OF CARVER, )
DON ASHWORTH
, being first duly sworn, or, oath dr:; OSos
artCG says that he is and was on August 19 '� 19 77 , the duly quaiifi..d
and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; t.at on
said date he caused to be mailed a copy of the attached notica of hearing on a
Robert Bach Variance Request ilripro Va:r.ai.� it:
�hc Ci,y to tha owner of. each parcel within the area proposed to be assessed fcr said
inprOvamart as sot forth in said notice, by enclosing a copy of said notice in an
anveiopa addressed to such owner, and depositing the envelopes addressed to all suc:-,
owncars in the 'United States mails with postage fully prepaid tharaon; that the rt.c;;es are
: c;dressas Of such owners ward those appearing as such by the records Of the Ccsnty
--eaSurer Oa Carvar County, Minnesota...and bv. other avaronriate3 racards. ... ._
DON ASHWORCTH
:iubsC:ibl',d and sworn t0
befcra ma this day
of�
N�y Public
r u,c
i
` •CARVEr C 1"iTY
a e''
My Commission Ex v , Jen. 30 193i�
XCtlC:VWtTYV'V'YYVYR�V'WV"V4VV�Y�tl'V'yppyryy
4
Mr. Donald Gale
840? Great Plains Blvd.
Chanhassen, MN 55317
Mr. Robert W. Armstrong
8400 Great Prins Blvd.
Chanhassen, MN 55317
Mr. Willis W. Klein
8405 Great Plains Blvd.
Chanhassen, MN 55317
Mrs. Cornelia Klein
8412 Great Plains Blvd.
Chanhassen, MN 55317
Mr. Al Klingelhutz
8601 Great Plains Blvd.
Chanhassen, MN 55317
Mr. Keith Bartz
8411 Great Plains Blvd.
Chanhassen, MN 55317
Mr. George Shorba
304 Chan View
Chanhassen, MN 55317
Mr. Richard Pearson
7307 Frontier Trail
Chanhassen, MN 55317
Mr. Roman Roos
8001 Cheyenne Ave.
Chanhassen, MN 55317
Mr. Willard Johnson
1660 W. 63rd Street
Excelsior, MN 55331
Mr. Robert Bach
8404 Great Plains Blvd.
Chanhassen, MN 55317
Donald L. Gale
8402 Great Plains Blvd.9 Chanhassen 55317
474-5185
Robert W. Armstrong Jr.
8400 Great Plains Blvd., Chanhassen 55317
474-2854
Willis W. Klein
8405 Great Plains Blvd.t Chanhassen 55317
474-7423
Cornelia M. Klein
8412 Great Plains Blvd., Chanhassen 55317
474-8977
Al H. Klingelhutz
8601 Great Plains Blvd.9 Chanhassen 55317
474-8913
Keith D. Bartz
8411 Great Plains Blvd. Chanhassen 55317
474-5525
George D. Shorba Jr.
304 Chanviewq Chanhassen 55317
474-6620
N
aD� Board of Adjustments and Appeals
rr �� February 22, 1978
!�'VV
11\\ Discussion of Robert Bach variance:
It was brought to the attention of the Board of Adjustments and Appeals
that complications have arisen since the variance approval of Robert
Bach on Great Plains Blvd.
In September of 1977, the city council, subsequent to the Board of
Adjustments and Appeals recommendation, approved a variance to permit
Mr. Bach to construct a garage on the north edge of his property.
Recently the construction has taken on the appearance of being
additional living area instead of a garage.
Last week the building inspector was told to place a stop work order
on the construction and request an explanation from Mr. Bach regarding
the matter.
The board will reconsider this matter at its next meeting.
ri.
Pq CITY PO F
CHANHASSEN
7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING
REPORT
DATE:
August 31, 1977
RejcctaJ
pate
TO:
Mayor and City
Council
"S'
FROM:
Bruce Pankonin,
City Planner
SUBJ:
Side Yard Setback Variance
APPLICANT: Robert E.
Bach, 8404
Great Plains Blvd.
REF:
City Ordinance
47, Section
22
Action by City A:ministrstor
Endorsedy�
Modified --
Rejected --
Date Submias';.:o :an;r.is;ion
1--.11-1
Schm:;;cg to il
Petition: Mr. Bach is requesting a variance to the setback provisions
of the R-1 Single Family Zoning District.
Background:
1. Community Location: As shown in exhibit 1, the subject property
is a 12,495 square foot parcel located between State Trunk Highway 101
and Lake Susan.
2. Existing Zoning: The subject property is zoned R-1, Single Family
Residential.
3. Comprehensive Plan Proposals:
a. Land Use: Pursuant to the adopted City Plan, the subject
property andenvirons is to assume a low density single family
residential identity upon the installation of sanitary sewer.
b. Transportation: Pursuant to the City's Transportation Plan,
STH 101, which forms the subject property's eastern border, is to
function as a minor arterial. This roadway will function as the
primary access road to properties south of STH 5 and north of U.S. 212
in the eastern section of the City.
4. Municipal Services: The subject property is presently served with
municipal sanitary sewer. Municipal water is not currently available
to the subject property.
Mayor and Council -2- August 31, 1977
Planner's Comments
1. The critiera for evaluating a variance request is found in City
Ordinance 47, Section 22.02. Specifically, the Council shall not
grant a variance unless they find the following facts:
a. That there are special circumstances or conditions affecting
the land, buildings or use referred to in the application for a
variance.
b. That the granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
C. 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.
d. That the grant of the variance will be in keeping with
the spirit and intent of the zoning ordinance.
2. As shown in the attached, the petitioner is proposing three
construction alternatives. The first indicates placement of a garage
on the northeast side of the existing dwelling would require a side
,yard setback of 5.7 feet. The second alternative has the garage
adjoining to the northeast wall of the existing dwelling would
require a setback variance of 2.5 feet. The third alternative places
the garage in front of the dwelling between the dwelling and STH 101.
As presented on the third alternative, the garage would probably,
be located within the State Trunk Highway right-of-way.
3. The applicant could meet all setback requirements if he placed
the garage on the south side of the principal structure. However,
placing the garage in this location would cause serious site distance
conflicts on STH 101. In addition, a petition for curb cut from the
State Highway Department on the south side of the Bach residence
would probably be denied.
Board of Adjustments and Appeals Recommendation: The Board of Adjustments
and Appeals duly met on Tuesday, August 30, 1977, to consider Mr.
Bach's request. The Board of Adjustments and Appeals recommends the
City grant a variance to the side yard set back as shown in alternative
Planner's Recommendation:
I believe the variance request as shown in alternative / can stand the
test of the critiera for granting a variance as outlined in City
ordinance. Therefore, I recommend the City Council grant a variance
to Robert Bach for construction of an attached garage as
skematicaiiy shown in alternative /
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C--- .- -
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINN ESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: August 26, 1977
TO: Don Ashworth, City Manager
FROM: Bob Waibel, Assistant City Planner
SUBJ: Setback Variance Request
APPLICANT: Robert E. Bach, 8404 Great Plains Blvd.
Petition: The applicant is requesting a variance to the setback
provisions of the R-1 zoning district.
Community Location: As shown in Exhibit 1, the subject property is
a 12,495 square foot parcel located between State Highway 101 and
Lake Susan.
Existing Zoning: The subject property is zoned R-1, Single Family
Residential.
Municipal Services: The subject property is presently served with
sanitary sewer. Municipal water service is not presently available
to the property.
Planner's Comments: The applicant intends to construct a garage on
the subject property for which the variance to the City Ordinance
47, Subd. 7.05 is requested. Attached to the petitioner's application
are three proposed construction alternatives. The first alternative
indicates placement of the garage on the northeast side of the existing
dwelling and requiring a side yard setback variance of 5.75 feet.
The second alternative has the garage adjoined to the northeast
wall of the existing dwelling and requires a setback variance of 2.5
feet. The third alternative places the garage in front of the dwelling
between the dwelling and State Highway 101. As presented on the
third alternative, the street side wall of the garage would minimally
coincide with the right-of-way.
None of the above proposals are in conflict with the Shoreland
Management Act. Of the three proposals, proposal number two is
closest to conformance with the requirements of Ordinance 47.
rl
%, Mr. Don Ashworth -2-
August 15, 1977
Planner's Recommendation:
I recommend that the variance be granted to Mr. Bach under the conditions
of sketch plan alternative number two. The petitioner should be
required to construct the garage to minimal side yard setbacks of
7.5 feet and construct the turn around area for forward egress to
State Highway 101.
1
VARIANCE PETITION
U y9 i- H80 ` �'
-24- �/ ylU N-7
CASE 140. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application �22 f77
e
Fee Paid! �" Dat
Received by
Applicant: �1
Name: k14 ldc OeF
Last First Initial
Address: y,Q� &-V D , &,q,J{(,QSseN �/�✓� SS31 7
Owner
Name:
Las
Address:
Dp First
and Street City
Address of Property in question:
Roy 6/26--h &,Vs B�Jn. �ff H�rrrrn
Legal description of property in question:
State Zip Cod
Present zoning of property:- /
Present use of property: 4q
Proposed use of property:
A#jtsr d A64AXc6 )96At e1W1NAWa0- AJIZ9�62 e�ZPoAI 705� 6uss6C-70A1 Z
4 �y� �IW6 Aff(4&4?701VS
-25-
The following documents shall be attached to this application:
Date Received Iniit(ial
1. Sketch plan 6_ a A- 7 7
2. Abstractors Certificate a1
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 Ch a sen for pall City expenses incurred in processing this
,W
Si nature. of Applicant
61
F
7
7
(Following to be completed by Zoning Administrator or City official)
Date By
Public Hearing by
Board of Adjustments and Appeals
Board of Adjustments and Appeals
postponed to
Adjacent Rroperty owners notified
Ap lication on Council A enda
Council post2oned to
Council action
I
-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 and Appeal
Action by City:
On this day of , 19 , the Chanhassen
City council, Carver and Hennepin Counties, Minnesgta (approved),
(disapproved) this variance petition for the following reasons:
By Order of the Chanhassen
City Council
Mayor
Attest:
City Administrator