77-12 Variance Lake Riley Road Scanned Planning FileMEMORANDUM
TO: Mayor
CITY OF
7610 LAREDO DRIVE*P.O. BOX 147oCHANHASSEN, MINNESOTA 55317
(612) 474-8885 From: Ci,y Administrator
ctim by Council?.
and City Council
FROM: City Manager, Don Ashworth
DATE: August 1, 1977
Referred "5:
Mayor
council
Building_
Attorney v
ss Engineer
Treasurer
L" Police '
titi P;� �•-,,<,-.. �'a a13 Parks & Rec.
Street Ma nt.
i/Z, Utilities
SUBJ: Sewer Moxitorium Variance Request, Lake Riley Blvd, Press
der
Tessness Realty
Date
The city is in receipt of a request from Adolph Tessness, representing
the Laurent proxerty between Kiowa Trail and Lake Riley Blvd.,
to grant a variance to allow a building permit to be issued for
this lot. In fact, two variance issues required to be resolved -
1) whether a variance to the sewer moritorium should be allowed
for non -platted lots of less than 2k acres; and secondly, 2) whether
a variance should be allowed under ordinance 33 for a lot not
fronting on a public street. A third variance would also come into
play if the sewer moritorium ordinance had not superceded ordinance
45 - restrictinc_ building on lots not served by public sewer and
being less than 2; acres.
City council action on either variance request (variance to the sewer
moritorium or variance to the subdivision ord.) would not effect
the necessity to obtain a variance for the remaining non -conforming
issue. As notes, by the applicant, no variance procedure presently
exists within the sewer moritorium ordinance. Additionally, as noted
by the applicant., to allow for consideration the council would be
required to amend the existing ordinance to provide a variance
procedure. This. office is skeptical of this approach and believes
that such would open the door to similar types of requests during
a period in time in which the city is attempting to determine what
standards shoul(; exist for non-sewered developments. Additionally, this
office finds it difficult to seek some form of sewer moritorium
relief when it has not been established that development would be
allowed under the subdivision ordinance.
This office wou:.d recommend that the city council table action on the
relief from the moritorium issue and instruct the applicant to file
a variance request under the subdivision ord. After review by the
Planning Commission and City Council, a determination
_ would be made at; to whether the lot meets the requirements of ordinance
33-, or whether additional conditions should be made, i.e. dedication
Mayor and Council -2- August 1, 1477
of some portion of a public street, location of the home to allow such
future extension, etc. If the applicant met the requirements of the
subdivision ord. or conditions of variance approval, the city council
would then have to determine the applicability of the sewer moritorium
ordinance. Should the subdivision ord. requirements be met, options
open to the city and the applicant at that point may include:
1). Cooperation of the owners to allow extension of the
proposed Lake Riley Sewer to the subject property;
2). A request to the city council to initiate public extension
of the sewer and road to the property; or,
3). To consider whether merits existed to consider amending
the sewer moritorium ordinance considering any special requirements
that may have been placed on this lot in allowing a variance to the
zoning ordinance.