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77-13 Variance Request Sewer Moritorium Lake Riley Blvd Scanned Planning FileCITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN. MINNESOTA 55317 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: October 3, 1977 (612) 474-8885 Action by Ccuncdf Endorsed SUBJ: Request for Reconsideration, Variance Request, Sewer Moritorium, Lake Riley Blvd., Adolph Tessness At the last regular council meeting this item was considered by the City Council. Three actions were necessary to provide relief for the applicant - Tessness Realty acting for Gilbert P. Laurent on Lake Riley Blvd.; 1). A variance to the Subdivision ordinance would be required allowing the applicant relief from the requirement that all building lots must abut a public street; 2). Enactment of a variance section to the Sewer Moritorium Ordinance would be required; 3). Approval of a variance under the guidelines established under Number 2, above, would be required. After considering the applicant's statements and material presented, the City Council approved a variance request for the subject parcel providing relief under the Subdivision Ordinance (number 1, above). Additionally, the city council acted to establish a variance procedure to the Sewer Moritorium Ordinance. However, a 4/5ths vote was not received in considering approval of a variance for this lot under the newly enacted variance procedure of the Sewer Moritorium Ordinance. Under council procedures any item to be reconsidered must be made by a council member who voted on the prevailing side. Councilman John Neveaux requested that this item be placed on the agenda and either Councilman Neveaux or Councilman Geving would be allowed to make a motion to reconsider this item. If a motion is made to reconsider, a simple majority is required for reconsideration; however, if the Council would approve reconsideration, a 4/5ths vote would be required to approve the variance request. f Council Meeting September 19, 1977 -2- SENIOR CITIZEN.DEFERRMENT RE' m PROJECT 75-10 MARY KURVERS: Staffpresents t re® sterna vie or a ftferrment by the Council. Frank and Mel Kurvers wore present. Councilman Geving moved to table action until October 3 to allow the applicant time to review options. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. VARIANCE REQUEST AND SEWER MORATORIUM - ADOLPH TESSNESS: Adolph Tessness was present requesting a variance to the Subdivision Ordinance as the property located between Bandimerp Heights and Shore Acres does not front on a public street. The sewer moratorium ordinance does not allow construction, on a lot that was platted by metes and bounds. There exists Wz variance procedure under the sewer moratorium ordinance. The Council previously acted to place on first reading an amendment to the sewer moratorium ordinance providing a variance procedure. The Planning Commission recommended that as this lot does have a 33 foot easement across the north end that it does have legal access and the applicant be 'allowed a variance from the Subdivision Ordinance. Councilman Pearson moved the ,adoption of an ordinance amending Section 2.02 of Ordinance 64 "An Interim Ordinance Temporarily Prohibiting Construction or Development within the areas of Chanhassen not Served by City Sanitary Sewer". Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Waritz. ». Councilman Geving voted no. Motion carried. Councilman Pearson moved to accept the Planning Commission's recommendation to grant a variance to the Subdivision Ordinance Section 15.02 with the provision that the structure be set back at least 80 feet south.of the north property line, meet the set back regulations of the City and meet the Shoreland Management Ordinance requirements. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. Councilman Waritz moved to grant a variance to the Sewer Moratorium Ordinance to allow a home to be built on this lot. Motion seconded by Councilman Pearson. The following voted in favor: Mayor 11obbs, Councilmen Pearson and Waritz. Councilman Geving voted no. Motion failed for lack of 4/5ths vote. WEST 79TH STREET AND WATER IMPROVEMENT PROJECT - FEASIBILITY STUDY: Don Hanus and Frank Kurvers were present. The City Engineer iscussed the feasibility study. The total estimated cost of the project is $49,792.00. RESOLUTION #77-55: Councilman Pearson moved the adoption of a resolution accepting the Feasibility Study for West 79th Street and Watermain Improvement and hold a public hearing on October 3, 1977, at 7:30 p.m. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving and Waritz. No negative votes. Motion carried. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 19, 1977 SUBJ: variance Request, Public Street and Sewer Moritorium, Lake Riley Blvd., Adolph Tessness On August 1, the City Council considered a variance request from Tessness Realty for property on Lake Riley Blvd. At that time, staff had recommended that this item be tabled as to two issues were involved a variance from Ordinance 33 regarding non -allowance of building on lots not.fronting on a public street; and, secondly, relief from the sewer moritorium ordinance. Prior to consideration of relief under the sewer moritorium ordinance, this office recommended that the issue be returned to the Planning Commission for their consideration of the variance request for a lot not abutting a public street. After consideration, the City Council acted to place on 1st reading an amendment to the Sewer Moritorium Ordinance allowing for a variance procedure to this ordinance. As noted from the attached minutes of the Planning Commission, the Planning Commission has found that there is no feasible alternative to extend municipal streets and utilities to the subject property and, as such, recommended that the applicant be provided relief under Ordinance 33 which requires that no building be allowed unless such abuts a public street. As noted by the applicant, this lot was created in 1954 and the subject property does have a 33 foot easement across the north end of it so as to have legal access to Kiowa. The Planning Commission recommended that the City Council approve the application for a variance to the Subdivision Ordinance, Section 15.02 with the provision that the structure be at least 80 feet south of the north property line. The Planning Commission, in taking this action, recognized that the City Council would have to review the fact that the property is not sewered and therefore would still require a variance to the Sewer Moritorium Ordinance to provide building on the lot. ,�) Mayor and Council -2- September 19, 1977 The City Attorney has not completed the variance section for final reading for the City Council. However, as the applicant noted that delaying action on the item could create severe financial hardship for his firm, I have placed this "item on the agenda with the understanding that the Attorney would have the variance section prepared and ready for distribution to the City Council on Monday evening. Should the City Council consider approving the request presented by Tessness Realty, the following actions would be required: 1). Second and final reading of the variance section of the Sewer Moritorium Ordinance would be required; 2). Action on the variance to the Subdivision Ordinance requiring frontage on a public street would be required; 3). Action on the request finding such to meet the variance requirements of the Sewer Moritorium Ordinance would be required. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 15, 1977 TO: City Manager, Don Ashworth FROM: City Planner, Bruce Pankonin SUBJ: Variance Request to City Subdivision Ordinance. APPLICANT: Adolph Tessness PLANNING CASE: P-410 Petition: The applicant is petitioning for a variance to the City's Subdivision Ordinance, Section 15.02. This provision requires that "no permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting on a street or highway which has been designated on an approved plat or on the official map of the Village or which has been otherwise approved by the Village Council." Background: 1. Community Location: As shown in enclosure 1, the subject parcel is a "land locked" piece of property on the southwest shore of Lake Riley. 2. Comprehensive Plan Proposal: a. Land Use: The subject property, pursuant to the adopted City Plan, is to assume a low density single family identity. b. Transportation: The city's adopted transportation plan requires that all lots shall be served with access from a public road. C. Municipal Services: Sanitary sewer and water is not available to the subject property. d. Shoreland Management Act: The Shoreland Management Act requires that all parcels which abut Lake Riley, and do not have municipal sanitary sewer, shall be at least 40,000 square feet. Mr. Don Ashworth -2- september 15, 1977 3. Existing Zoning: The subject property and environs is zoned R-1, Single Family residential. 4. Existing Area: The subject property is approximately 42,000 square feet in area. Planner's Comments 1. This application for building permit request faces two ordinance problems. The first, is the Subdivision Ordinance requirement that all lots shall front on a public road. The second problem is City Ordinance 64 (Moritorium on Building in the Unsewered Areas) prohibitpy construction until either sanitary sewer is brought to the subject 11 property or the city council amends the ordinance to permit construction in the unsewered areas of the City. 2. The Planning Commission, when reviewing the feasibility plan for installation of sanitary sewer in the Lake Riley area, recommended a street extension from Lake Riley Blvd. to the subject property and terminating in Bandimere Heights on Kiowa. This roadway extension would alleviate the long dead end cul-de-sac (1300 linear feet) on the west shore of Lake Riley. The City Council did not accept the Planning Commission recommendation. 3. It appears, from a planning perspective, there is no feasible alternative to extend municipal streets to the subject property other than extending an access road from Bandimere Heights Subdivision. Planner's Recommendation I recommend the City Council find the variance request to construct a single family home on the subject property to be consistent with the city's plan for land use, zoning and subdivision; provided, the structure be set back at least 80 feet south of the north property line, 10 feet from the side lot lines and meet the Shoreland Management Ordinance requirements as to setbacks on a lake. Planning Commission Recommendation The Chanhassen Planning Commission duly considered Mr. Tessness' request for a variance at its meeting on September 4, 1977. At that meeting "Dick Dutcher moved that the Planning Commission recommend the Council approve the application for a variance to the subdivision ordinance Section 15.02 with the provision that the structure be at least 80 feet south of the north property line. The Planning Commission realizes the Council has to review the fact that this property is not sewered. Motion seconded by Jerry Neher and unanimously approved." 1 a • Q) f1 / Tfa••I • ./"'� / % �. �_ �• lake Spam mice 1 Marsh M take 11 OF i • • -.. t _ ® f•O •r I Y M • • � LYMAN r� VARD .I T as Lek JRIIS 1 • OF Wftxluftfm TRAIL \` • s j � •r • e N •I A Fig 7 t 1 M '• � � I M � 8 1 - 1 � 10+'�t. • � ( •�j � '-_- _ ���` ____ - l\ _— Ric• 1 -3- City Council Meeting August 1, 1977 LOT 12, AUDITOR'S SUBDIVISION #2: Gene Coulter invited each Council member to look at Lot 12. The Association would like something done. This will be an agenda item the first meeting in September. The engineer is preparing a tentative feasibility study on four areas for storm sewer; 11ill, Erickson, Hughes, and Lot 12. The City Manager will send Mr. Coulter a letter advising him of what is happening with the lot. SEWER LATERAL INSTALLATION, CLARIFICATION OF LOT DIVISION APPROVAL - DONALD SC11MIEG: fir. and Mrs. Schmieg were present requesting the Council to consider whether his lot at 7702 Erie would be a buildable lot and whether an existing garage could be converted to a residential home. The lot is 45' x 120' and was previously assessed for water. A sewer lateral could be installed at this time prior to street improvements. The garage is 26' x 43' and is currently a non -conforming use. Staff suggested three options to the Council: 1. Approve the sewer and water extensions to the property - this option reaffirms the Council's decision in originally establishing a water assessment for the lot and would allow building if setbacks were met. 2. Deny sewer and water service to the property - relief from the previous water assessment would be required. 3. Require the owner to apply through the typical variance request process. Staff finds no record at the County that the alley was vacated. The City Attorney will check into this and bring it before the Council. cDuncilman Neveaux moved to deny the sewer and water service to the property and give Mr. and Mrs. Schmieg relief from the previous water assessment placed on 7702 Erie. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. Mr. Schmieg stated he felt he should not have to pay assessments for concrete curb and gutter, street, and storm sewer for a lot that is not buildable. SEWER MORATORIUM VARIANCE REQUEST - LAKE RILEY BLVD: Adolph Tessness was present requesting the Council consider relief from the sewer moratorium on a lot located between Kiowa Trail and Lake Riley Blvd. The lot is 44,000 square feet in size and does not front on a public street. Councilman tdeveaux moved to place on first reading an ordinance amendment clarifying Section 2.02, subsection 2 A. and B. of Ordinance 64 and a variance section, if necessary. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. The applicant was additionally instructed to apply for a variance to the zoning ordinance. CONDITIONAL USE PERMIT - HARRY PAULY: Harry Pauly was present requesting approval of a conditional use perm t to construct a 44' x 801, three-story office building on his property south of the Old Village Hall on Great Plains Blvd. The Planning Commission held a public hearing on this issue and recommended approval. The City Planner feels that the curb cut behind Pauly's Bar could pose serious problems to the health and welfare -C I,- .-...0 I1 ". a..rtrvnabo.7 fhP Planning Commission Meeting September 14, 1977 -2- not meet the requirements of this ordinance as to area or width, may be utilized for single family detached dwelling purposes provided the measurement of such area, width or open space are within 50% of the requirements of this ordinance. Sanitary sewer and water is in place and in service to the property, the City has assessed for sanitary sewer and water trunk lateral units. That would take care of Shore Acres and make them buildable. It would make everybody in Minnewashta Heights be able to use their lot. The four Planning Commission members owning non -conforming lots are: Dick Dutcher, Hud Hollenback, Jerry Neher, and Roman Roos. There are also three Council members owning non -conforming lots. Hud Hollenback moved that based on the testimony at the public hearing and written testimony received that the Planning Commission recommends to the Council that they not consider the rezoning of Red Cedar Point, portion of Carver Beach, Shore Acres and St. Hubertus to an R-lB District due to the magnitude of the problem. Motion seconded by Dick Dutcher and unanimously approved. Dick Dutcher moved to hold a public hearing October 12, 1977, at 7:30 p.m. Rather than enacting an amendment which is peculiar only to a limited number of subdivisions in the City that an amendment that would applicable to the City as a whole be adopted to provide some uniform measure of consistency for existing platted property taking into consideration the wishes of the City for its future development. Motion seconded by Roman Roos and unanimously approved. VARIANCE REQUEST - ADOLPH TESSNESS: Adolph Tessness was present requesting a variance to Section 15.02 of the Subdivision Ordinance. The property is located between Bandimere Heights and Shore Acres and is served by an easement. Sewer and water are not available to the property. The Council will deal with the issue of the moratorium on building in unsewered areas. Bruce Pankonin - The Planning Commission, when reviewing the feasibility plan for installation of sanitary sewer into the Lake Riley area, recommended a street extension extend from Lake Riley Blvd. through the subject property to Kiowa and also that these properties between Bandimere Heights and Shore Acres be served with sewer. The City Council did not accept the Planning Commission recommendation. It appears that there is no feasible alternative to extend municipal streets and utilities to the subject property at this time. I recommend the Planning Commission find this variance request to construct a single family home on this property to be consistent with the City's Plan for land use, zoning and subdivision; provided, the structure be at least 80 feet south of the north property line, 10 feet from the side yard and meet the shoreland management requirements. Adolph Tessness - This lot was platted in 1954 and at that time there was a 33 foot easement given across the north end of it so it does have legal access to Kiowa. It does not abut on a public roadway. Dick Dutcher moved that the Planning Commission recommend the Council approve the application for variance to the Subdivision Ordinance Section 15.02 with the provision that the structure be at least 80 feet south of the north property line. The Planning Commission realizes the Council will have to review the fact that this property is not sewered. Motion seconded by Jerry Neher and unanimously approved. SUBDIVISION T - DAVID LARSON: Mr. Larson was present seeking approval to su6�vm e is 3.REQUESacres on Pleasant View Road into three residential building lots. Sewer and water are in place. The lots to be created meet or exceed the minimum requirements as set forth in the City's Plan for land use, zoning and subdivision. CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474 8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: August 1, 1977 SUBJ: Sewer Moritorium Variance Request, Lake Riley Blvd, Tessness Realty The city is in receipt of a request from Adolph Tessness, repre::enting the Laurent property 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) wheather 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 - restricting 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 noted 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 should 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 would 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 detezmination would be made as 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, 1977 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 deg.ermine 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. I M N KIOWA A' 4�f �Ip�MER 444D S eo IN P OEAN F SCNEFF— I �� � tlm Ie. I xoo o 1 ji cr 1 1i DONAlO SCOTT lr ii etl 00.0144 GILBERT P LAURENTiI,-, ii tle IQ, ►2ee o DONALD A LUNDVALL 'i v' t�'��,- tll Re,►06 '� � IV —lam •' �Fy.. L` J c - M � f 4M � I � in O Y I G Ur C) 4 \ • U' J c. �, 10 c 1211'� ; / T/cf r Tos City Manager Mayor and City Councilmen Subjects Sewer Moritorium Variance Request. The subject property is shown on the attached portion of a 1/2 sect -Lon map, under ownership name Gilbert P.Laurent. I have met with the City Attorney and Manager to discuss the problems Involved in obtaining a building permit. It was determined by the City Attorney that the only problem was the ordinance adopted on the sewer moritorium May 12th 1977. Backgrounds 1. The lot is approx 44,000 Sq. Ft. 2. The size of lots in Shore Acres vary, however most of them are 50 wide and approx 150 deep- totaling 7500 sq. ft. The actual ownership will indicate some have built on one to three lots. 3. The Bandimare Heights lots average 20,000 sq. ft. 4. There are four lots between Shore Acres and Bandimere Heights. three of which already have homes on them. 5. This piece of property has been recorded as a seperate parcel since 1954. I feel that the sewer moritorium ordinance was enacted to give the City time to study and analize the future problems of new divisions of properties. This request for a building permit on this site seems reasonablep is larger than most of the other lots in this area. In fact larger than most of the lots in the entire City. The City has determined this area does not need sewer at this time. From the background on this subject it appears that that a variance on the sewer moritorium ordinance would not impure the intentionof the ordinance.. This request is made with the understanding; the ordinance must be amended first, to add a variance section. Submitted byi Adolph Tessness CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 64 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOPMENT WITHIN THE AREAS OF CHANHASSEN NOT SERVED BY CITY SANITARY SEWER, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Section 1. Intent and Purpose. This Ordinance is adopted for the purpose of: 1. Protecting the health, safety and welfare of the residents and future residents of the City of Chanhassen; and 2. Allowing a reasonable time for this City to develop and adopt an ordinance and other official controls which: a. will regulate individual sewer disposal systems so as to prevent contamination of underground bodies of water or of streams, lakes, rivers, or other surface bodies of water; and b. will prevent individual sewer disposal systems from creating a health hazard or a nuisance for the general public or for individuals; and C. will make it unnecessary to provide central public sewage disposal systems for areas in the City of Chanhassen not intended for urban development in the foreseeable future, as shown by the Comprehensive Plan for the City of Chanhassen; and 3. Protecting the planning processes of the City of Chanhassen and its citizens. 4. Protecting rights in property created prior to the date of the enactment of this ordinance. Section 2. Moratorium. 2.01 Prohibition. Pending the adoption of the aforesaid ordinance and official controls, no building permit shall be issued for the construction, erection or moving of any building on any tract of land within the limits of the City not served by the municipal sanitary sewer system; and no person, firm or corporation shall construct, erect or move any building upon any land within the limits of the City not served by the municipal sanitary sewer. system. 2.02 Exceptions to Moratorium. 1. Agricultural Uses. The provisions of $2.01 of this ordinance shall not prohibit the issuance of building permits for structures to be utilized solely for agricultural uses and not employing individual sewer disposal systems. The definition of agriculture and agricultural uses applicable under this ordinance shall be as set forth in the Chanhassen Zoning Ordinance. 2. Sin le Famil Residential Construction._ Except as hereinafter prov e , the proves ons o 52.01 of this ordinance shall not prohibit the issuance of building permits for single family residential construction or moving, and shall not prohibit such construction or moving if such proposed single family residence is to be located: a. Upon an unimproved unplatted tract of land which was of record in the offices of the county recorder or registrar of titles on March 15, 1971, and which is not less than two and one-half (2-1/2) acres in size and which shall have a front yard of not less than fifty (50) feet, a side yard on one side of not less than one hundred (100) feet, and a side yard on the other side of not less than ten (10) feet, a rear yard of not less than fifty (50) feet, and which shall adjoin a public road or city street. The depth of each such tract shall not he greater than two (2) times the width. b. Upon an unimproved existing platted lot which shall contain at least thirty thousand (30,000) square feet and which shall have a front yard of not less than thirty (30) feet, a side yard of not less than ten (10) feet, and a rear yard of not less than thirty (30) feet. For purposes of this section an existing platted lot shall include an unimproved registered land survey of record in the office of the registrar of titles on March 15, 1971, and which meets the standards of this section. C. All proposed building sites under 52.02(2)(a) and (b) above shall be inspected by the City Building Inspector, and no building permit shall be issued for any site on which, in the opinion of the building inspector, an inadequate surface or subsurface drainage or soil porosity condition may exist. The applicant for a building permit may be required at the expense of the applicant to furnish such engineering tests as the building inspector may reasonably require to aid him in making his judgment, and in the exercise of said judgment he shall take into consideration the impact of the issuance of any such permit upon contiguous properties. Section 3. Penalty. Any person, firm or corporation violating the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed Three hundred dollars ($300.00), imprisonment for not to exceed ninety (90) days, or both. -2- In the event any building or structure is constructed, erected, or moved in violation of this Ordinance, the Zoning Administrator may institute any proper action or proceeding in the name of the. City (a) to prevent such unlawful construction, erection, or moving, (b) to restrain or abate such violation; or (c) to prevent the use or occupation of any such building or structure. Section 9. Effective Date This Ordinance shall take effect from and after its passage and pub- lication, and shall remain in force until the date of the adoption of the Ordinance contemplated hereunder or December 31, 1977, whichever date occurs first. Passed by the Council this 9th ATTEST C- Manager City lerk day of _ May 1977. Mayor Published in Carver County Herald on __ May 12 _ 1977. -3- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 64-A AN ORDINANCE AMENDING SECTION 2.02 OF ORDINANCE NO. 64, ENTITLED "AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOPMENT WITHIN THE AREAS OF CHANHASSEN NOT SERVED BY CITY SANITARY SEWER, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF", BY ADDING THERETO SECTION 2.02(3), 2.02(4), and 2.02(5). THE CITY COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. Section 2.02 of Ordinance No. 64, adopted May 9, 1977, is hereby amended by adding thereto the following subsections to read as follows: 3. VARIANCES. The City Council may grant a variance from the requirements of Section 2.02(2) Single Family Residential Construction, as to specific tracts of land where it is shown and the City Council finds the following facts: a) That there are special circumstances or conditions affecting the land referred to in the application for the variance. b) That the granting of the variance is necessary for the preservation and en- joyment 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 Tor —which the variance is sought. d) That the grant of the variance does not adversely affect the purpose and intent of this ordinance. 4. VARIANCE PROCEDURE. Written application for a variance shall e tiled with the City, and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, soil studies, and engineering data which may aid in an analysis of the matter. The application may be referred to the City Engineers, City Planners and City Building Inspector for their study, recommendation and report to the City Council, and the cost of any such referral and all other City Administrative expense shall be borne by the applicant, 5. COUNCIL ACTION. No variance shall be granted by the City Counci unless it shall have received the affirm- ative vote of at least four -fifths of the full Council. SECTION 2. Effective Date. This Ordinance shall become effective from and after its passage and publication. Passed by the Council this 19th day of September , 1977. ATTEST: MAYOR City -Clerk Manager Published in Carver County Herald on the 28th day of September , 1977. CITY '�)OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612)474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 19, 1977 SUBJ: Variance Request, Public Street and Sewer Moritorium, Lake Riley Blvd., Adolph Tessness On August 1, the City Council considered a variance request from Tessness Realty for property on Lake Riley Blvd. At that time, staff had recommended that this item be tabled as to two issues were involved - a variance from Ordinance 33 regarding non -allowance of building on lots hot.i.fronting on a public street; and, secondly, relief from the sewer moritorium ordinance. Prior to consideration of relief under the sewer moritorium ordinance, this office recommended that the issue be returned to the Planning Commission for their consideration of the variance request for a lot not abutting a public street. After consideration, the City Council acted to place on 1st reading an amendment to the Sewer Moritorium Ordinance allowing for a variance procedure to this ordinance. As noted from the attached minutes of the Planning Commission, the Planning Commission has found that there is no feasible alternative to extend municipal streets and utilities to the subject property and, as such, recommended that the applicant be provided relief under Ordinance 33 which requires that no building be allowed unless such abuts a public street. As noted by the applicant, this lot was created in 1954 and the subject property does have a 33 foot easement across the north end of it so as to have legal access to Kiowa. The Planning Commission recommended that the City Council approve the application for a variance to the Subdivision Ordinance, Section 15.02 with the provision that the structure be at least 80 feet south of the north property line. The Planning Commission, in taking this action, recognized that the City Council would have to review the fact that the property is not sewered and therefore would still require a variance to the Sewer Moritorium Ordinance to provide building on the lot. Mayor and Council -2- September 19, 1977 The City Attorney has not completed the variance section for final reading for the City Council. However, as the applicant noted that delaying action on the item could create severe financial hardship for his firm, I have placed this item on the agenda with the understanding that the Attorney would have the variance section prepared and ready for distribution to the City Council on Monday evening. Should the City Council consider approving the request presented by Tessness Realty, the following actions would be required: 1). Second and final reading of the variance section of the Sewer Moritorium Ordinance would be required; 2). Action on the variance to the Subdivision Ordinance requiring frontage on a public street would be required; 3). Action on the request finding such to meet the variance requirements of the Sewer Moritorium Ordinance would be required. CITY OF CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 147oCHANHASSEN, MINN ESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 15, 1977 TO: City Manager, Don Ashworth FROM: City Planner, Bruce Pankonin SUBJ: Variance Request to City Subdivision Ordinance. APPLICANT: Adolph Tessness PLANNING CASE: P-410 Petition: The applicant is petitioning for a variance to the City's Subdivision Ordinance, Section 15.02. This provision requires that "no permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting on a street or highway which has been designated on an approved plat or on the official map of the Village or which has been otherwise approved by the Village Council." Background: 1. Community Location: As shown in enclosure 1, the subject parcel is a "land locked" piece of property on the southwest shore of Lake Riley. 2. Comprehensive Plan Proposal: a. Land Use: The subject property, pursuant to the adopted City Plan, is to assume a low density single family identity. b. Transportation: The city's adopted transportation plan requires that all lots shall be served with access from a public road. C. Municipal Services: Sanitary sewer and water is not available to the subject property. d. Shoreland Management Act: The Shoreland Management Act requires that all parcels which abut Lake Riley, and do not have municipal sanitary sewer, shall be at least 40,000 square feet. Mr. Don Ashworth -2- September 15, 1977 3. Existing Zoning: The subject property and environs is zoned R-1, Single Family residential. 4. Existing Area: The subject property is approximately 42,000 square feet in area. Planner's Comments 1. This application for building permit request faces two ordinance problems. The first, is the Subdivision Ordinance requirement that all lots shall front on a public road. The second problem is City Ordinance 64 (Moritorium on Building in the Unsewered Areas) prohibitpy construction until either sanitary sewer is brought to the subject 66 property or the city council amends the ordinance to permit construction in the unsewered areas of the City. 2. The Planning Commission, when reviewing the feasibility plan for installation of sanitary sewer in the Lake Riley area, recommended a street extension from Lake Riley Blvd. to the subject property and terminating in Bandimere Heights.on Kiowa. This roadway extension would alleviate the long dead end cul-de-sac (1300 linear feet) on the west shore of Lake Riley. The City Council did not accept the Planning Commission recommendation. 3. It appears, from a planning perspective, there is no feasible alternative to extend municipal streets to the subject property other than extending an access road from Bandimere Heights Subdivision. Planner's Recommendation I recommend the City Council find the variance request to construct a single family home on the subject property to be consistent with the city's plan for land use, zoning and subdivision; provided, the structure be set back at least 80 feet south of the north property line, 10 feet from the side lot lines and meet the Shoreland Management Ordinance requirements as to setbacks on a lake. Planninq Commission Recommendation The Chanhassen Planning Commission duly considered Mr. Tessness' request for a variance at its meeting on September 4, 1977. At that meeting "Dick Dutcher moved that the Planning Commission recommend the Council approve the application for a variance to the subdivision ordinance Section 15.02 with the provision that the structure be at least 80 feet south of the north property line. The Planning Commission realizes the Council has to review the fact that this property is not sewered. Motion seconded by Jerry Neher and unanimously approved." I At R O H PF IF PK Lake Susan • /,� Rice 5 Mush • Lake IF • H 1( •F OF H , 81' _ O • � 3.14 Ob I � OF I _ � 1. •F • LYMAR rEILEVARD • • • �/ IF OF Lek / Rile •r 1 I OF •r -=r3� F• IF H OF TRAIL • • •r H a 1' • r� I ® O OF IF p _ • IF IF i • Y It • • • • • o q14 IF • It �_) -3- City Council Meeting August 1, 1977 LOT 12, AUDITOR'S SUBDIVISION #2: Gene Coulter invited each Council member to look at Lot 12. The Association would like something done. This will be an agenda item the first meeting in September. The engineer is preparing a tentative feasibility study on four areas for storm sewer; Hill, Erickson, Hughes, and Lot 12. The City Manager will send Mr. Coulter a letter advising him of what is happening with the lot. SEWER LATERAL INSTALLATION, CLARIFICATION OF LOT DIVISION APPROVAL DONALD SCHMIEG: Mr. and Mrs. Schmieg were present requesting the Council to consider whether his lot at 7702 Erie would be a buildable lot and whether an existing garage could be converted to a residential home. The lot is 45' x 120' and was previously assessed for water. A sewer lateral could be installed at this time prior to street improvements. The garage is 26' x 48' and is currently a non -conforming use. Staff suggested three options to the Council: 1. Approve the sewer and water extensions to the property - this option reaffirms the Council's decision in originally establishing a water assessment for the lot and would allow building if setbacks were met. 2. Deny sewer and water service to the property - relief from the previous water assessment would be required. 3. Require the owner to apply through the typical variance request process. Staff finds no record at the County that the alley was vacated. The City Attorney will check into this and bring it before the Council. councilman Neveaux moved to deny the sewer and water service to the property and give Mr. and Mrs. Schmieg relief from the previous water assessment placed on 7702 Erie. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. Mr. Schmieg stated he felt he should not have to pay assessments for concrete curb and gutter, street, and storm sewer for a lot that is not buildable. SEWER MORATORIUM VARIANCE REQUEST - LAKE RILEY BLVD: Adolph Tessness was present requesting the Council consider relief from the sewer moratorium on a lot located between Kiowa Trail and Lake Riley Blvd. The lot is 44,000 square feet in, size and does not front on a public street. Councilman Neveaux moved to place on first reading an ordinance amendment clarifying Section 2.02, subsection 2 A. and B. of Ordinance 64 and a variance section, if necessary. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. The applicant was additionally instructed to apply for a variance to the zoning ordinance. CONDITIONAL USE PERMIT - HARRY PAULY: Harry Pauly was present requesting approval of a conditional use permit to construct a 44' x 801, three-story office building on his property south of the Old Village Hall on Great Plains Blvd. The Planning Commission held a public hearing on this issue and recommended approval. The City Planner feels that the curb cut behind Pauly's Bar could pose serious problems to the health and welfare of the pedestrian public. He suggested. the Planning Commission Meeting September 14, 1977 -2- not meet the requirements of this ordinance as to area or width, may be utilized for single family detached dwelling purposes provided the measurement of such area, width or open space are within 50% of the requirements of this ordinance. Sanitary sewer and water is in place and in service to the property, the City has assessed for sanitary sewer and water trunk lateral units. That would take care of Shore Acres and make them buildable. It would make everybody in Minnewashta Heights be able to use their lot. The four Planning Commission members owning non -conforming lots are: Dick Dutcher, Hud Hollenback, Jerry Neher, and Roman Roos. There are also three Council members owning non -conforming lots. Hud Hollenback moved that based on the testimony at the public hearing and written testimony received that the Planning Commission recommends to the Council that they not consider the rezoning of Red Cedar Point, portion of Carver Beach, Shore Acres and St. Hubertus to an R-IB District due to the magnitude of the problem. Motion seconded by Dick Dutcher and unanimously approved. Dick Dutcher moved to hold a public hearing October 12, 1977, at 7:30 p.m. Rather than enacting an amendment which is peculiar only to a limited number of subdivisions in the City that an amendment that would applicable to the City as a whole be adopted to provide some uniform measure of consistency for existing platted property taking into consideration the wishes of the City for its future development. Motion seconded by Roman Roos and unanimously approved. VARIANCE REQUEST - ADOLPH TESSNESS: Adolph Tessness was present requesting a variance to Section 15.02 of the Subdivision Ordinance. The property is located between Bandimere Heights and Shore Acres and is served by an easement. Sewer and water are not available to the property. The Council will deal with the issue of the moratorium on building in unsewered areas. Bruce Pankonin - The Planning Commission, when reviewing the feasibility plan for installation of sanitary sewer into the Lake Riley area, recommended a street extension extend from Lake Riley Blvd. through the subject property to Kiowa and also that these properties between Bandimere Heights and Shore Acres be served with sewer. The City Council did not accept the Planning Commission recommendation. It appears that there is no feasible alternative to extend municipal streets and utilities to the subject property at this time. I recommend the Planning Commission find this variance request to construct a single family home on this property to be consistent with the City's Plan for land use, zoning and subdivision; provided, the structure be at least 80 feet south of the north property line, 10 feet from the side yard and meet the shoreland management requirements. Adolph Tessness - This lot was platted in 1954 and at that time there was a 33 foot easement given across the north end of it so it does have legal access to Kiowa. It does not abut on a public roadway. Dick Dutcher moved that the Planning Commission recommend the Council approve the application for variance to the Subdivision Ordinance Section 15.02 with the provision that the structure be at least 80 feet south of the north property line. The Planning Commission realizes the Council will have to review the fact that this property is not sewered. Motion seconded by Jerry Neher and unanimously approved. SUBDIVISION REQUEST - DAVID LARSON: Mr. Larson was present seeking approval to sub3iv�ci a i 45 acres on Pleasant View Road into three residential building lots. Sewer and water are in place. The lots to be created meet or exceed the minimum requirements as set forth in the City's Plan for land use, zoning and subdivision. CITY OF 'fir 41 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: August 1, 1977 SUBJ: Sewer Moritorium variance Request, Lake Riley Blvd, Tessness Realty The city is in receipt of a request from Adolph Tessness, representing the Laurent property 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) whe!ther 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 - restricting building on lots not served by public sewer and being less than 2h 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-conforrling issue. As noted 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 should 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 would 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 as 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, 1977 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. Too City Manager Mayor and City Councilmen Subjects Sewer Moritorium Variance Request. The subject property is shown on the attached portion of a 1/2 sect -ion map, under ownership name Gilbert P.Laurent. I have met with the City Attorney and Manager to discuss the problems involved in obtaining a building permit. It was determined by the City Attorney that the only problem was the ordinance adopted on the sewer moritorium May 12th 1977. Backgrounds 1. The lot' is approx 44,000 Sq. Ft. 2. The size of lots in Shore Acres vary, however most of them are 50 wide and approx 150 deep-7 totaling 7500 sq. ft. The actual ownership will indicate some have built on one to three lots. 3. The Bandimere Heights lots average 20,000 sq. ft. 4. There are four lots between Shore Acres and Bandimere Heights, three of which already have homes on them. 5. This piece of property has been recorded as a seperate parcel since 1954. I feel that the sewer moritorium ordinance was enacted to give the City time to study and analize the future problems of new divisions of properties. This request for a building permit on this site seems reasonable, is larger than most of the other lots in this area. In fact larger than most of the lots in the entire City. The City has determined this area does not need sewer at this time. From the background on this subject it appears that that a variance on the sewer moritorium ordinance would not impare the intentionof the ordinance.. This request is made with the understanding the ordinance must be amended first, to add a variance section. Submitted byj Adolph Tessness / ., v � a } Hie Q/Y KIOWA N , DEAN F SCHEF F BM 78, P 200 .-_._DONALD SCOTT GILBERT P LAURENT4'a n tlM L2, i 2e8 "P"-* y" v p - / DONALD A LUNDVALL o ry A L• � � w i` , Ip G 'G 01 r D le W n U• -L p V 4 r m o V CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. _64 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOPMENT WITHIN THE AREAS OF CHANHASSEN NOT SERVED BY CITY SANITARY SEWER, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Section 1. Intent and Purpose. This Ordinance is adopted for the purpose of: 1. Protecting the health, safety and welfare of the residents and future residents of the City of Chanhassen; and 2. Allowing a reasonable time for this City to develop and adopt an ordinance and other official controls which: a. will regulate individual sewer disposal systems so as to prevent contamination of underground bodies of water or of streams, lakes, rivers, or other surface bodies of water; and b. will prevent individual sewer disposal systems from creating a health hazard or a nuisance for the general public or for individuals; and C. will make it unnecessary to provide central public sewage disposal systems for areas in the City of Chanhassen not intended for urban development in the foreseeable future, as shown by the Comprehensive Plan for the City of Chanhassen; and 3. Protecting the planning processes of the City of Chanhassen and its citizens. 4. Protecting rights in property created prior to the date of the enactment of this ordinance. Section 2. Moratorium. 2.01 Prohibition. Pending the adoption of the aforesaid ordinance and official controls, no building permit shall be issued for the construction, erection or moving of any building on any tract of land within the limits of the City not served by the municipal sanitary sewer system; and no person, firm or corporation shall construct, erect or move any building upon any land within the limits of the City not served by the municipal sanitary sewer. system. 2.02 Exceptions to Moratorium. 1. Agricultural Uses. The provisions of §2.01 of this ordinance shall not prohibit the issuance of building permits for structures to be utilized solely for agricultural uses and not employing individual sewer disposal systems. The definition of agriculture and agricultural uses applicable under this ordinance shall be as set forth in the Chanhassen. Zoning Ordinance. 2. Single Famil Residential Construction. Except as hereinafter prow de the provisions o $2.01 of this ordinance shall not prohibit the issuance of building permits for single family residential construction or moving, and shall not prohibit such construction or moving if such proposed single family residence is to be located: a. Upon an unimproved unplatted tract of land which was of record in the offices of the county recorder or registrar of titles on March 15, 1971, and which is not less than two and one-half (2-1/2) acres in size and which shall have a front yard of not less than fifty (50) feet, a side yard on one side of not less than one hundred (100) feet, and a side yard on the other side of not less than ten (10) feet, a rear yard of not less than fifty (50) feet, and which shall adjoin a public road or city street. The depth of each such tract shall not be greater than two (2) times the width. b. Upon an unimproved existing platted lot which shall contain at least thirty thousand (30,000) square feet and which shall have a front yard of not less than thirty (30) feet, a side yard of not less than ten (10) feet, and a rear yard of not less than thirty (30) feet. For purposes of this section an existing platted lot shall include an unimproved registered land survey of record in the office of the registrar of titles on March 15, 1971, and which meets the standards of this section. C. All proposed building sites under 52.02(2)(a) and (b) above shall be inspected by the City Building Inspector, and no building permit shall be issued for any site on which, in the opinion of the building inspector, an inadequate surface or subsurface drainage or soil porosity condition may exist. The applicant for a building permit may be required at the expense of the applicant to furnish such engineering tests as the building inspector may reasonably require to aid him in making his judgment, and in the exercise of said judgment he shall take into consideration the impact of the issuance of any such permit upon contiguous properties. Section 3. Penalty. Any person, firm or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed Three hundred dollars ($300.00), imprisonment for not to exceed ninety (90) days, or both. -2- In the event any building or structure is constructed, erected, or moved in violation of this Ordinance, the Zoning Administrator may institute any proper action or proceeding in the name of the City (a) to prevent such unlawful construction, erection, or moving, (b) to restrain or abate such violation; or (c) to prevent the use or occupation of any such building or structure. Section 4. Effective Date. This Ordinance shall take effect from and after its passage and pub- lication, and shall remain in force until the date of the adoption of the Ordinance contemplated hereunder or December 31, 1977, whichever date occurs first. Passed by the Council this 9th day of May , 1977. ATTEST / \ Cit Manager City Clerk Mayor Published in Carver County Herald on May 12 1977. -3- CITY OF CHANHASSEN 7610 LAREDO DRIVE9P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 12, 1977 TO: Planning Commission, Staff and Adolph Tessness FROM: Bruce Pankonin, City Planner SUBJ: Variance Request to City Subdivision Ordinance APPLICANT: Adolph Tessness PLANNING CASE: P-410 Petition: The applicant is petitioning for a variance to the City's Subdivision Ordinance, Section 15.02. This provision of ordinance requires that "no permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting on a street or highway which has been designated on an approved plat, or on the official map of the Village or which have been otherwise approved by the Village Council." Background: 1. Community Location: As shown in enclosure 1, the subject parcel is land locked piece of property on the southwest shore of Lake Riley. 2. Comprehensive Plan Proposal: a. Land Use: The subject property, pursuant to the adopted City Plan, is to assume a low density single family identity. b. Transportation: The city's adopted transportation plan requires that all lots shall be served with access from a public road. C. Municipal Service: Sanitary sewer and water service is not available to the subject property. d. Shoreland Management Act: The Shoreland Management Act requires that all parcels that abut Lake Riley and do not have municipal sanitary sewer shall be at least 40,000 square feet in area. 1�i Planning Commission -2- September 12, 1977 3. Existing Zoning: The subject property and environs is zoned R-1, Single Family Residential. 4. Existing Area: The subject proper.ty is approximately 42,000 square feet in area. Planner's Comments 1. Application for Building Permit Request faces two ordinance problems. The first, is the subdivision ordinance's requirement that all lots front on a public road. Secondly, city ordinance 64, (Moritorium on Building in the Unsewered Areas) would prohibit construction until either sanitary sewer is brought to the subject property or the City Council amends the ordinance to permit construction in the unsewered areas in certain situations. 2. The Planning Commission, when reviewing the feasibility plan for installation of sanitary sewer into the Lake Riley area, recommended a street extension extend from Lake Riley Blvd. through the subject property and terminating in the Bandimere Heights area. This roadway extension would alleviate the long dead end cul-de-sac (1,300 linear feet) in the Lake Riley area. The City Council did not accept the Planning Commission's recommendation on this street extension, but rather, only extended sewer service and no road extension, to the Lake Riley area. 3. It appears, from a planning perspective, there is no feasible alternative to extend municipal streets to the sub.ject property other than extending the access road from the Bandimere Heights subdivision. Planner's Recommendation I recommend the Planning Commission find a variance a request to construct a single family home on the subject property to be consistent with the city's plan for land use, zoning and subdivision; provided, the structure be at least 80 feet south of the north property line, 10 feet from the side yard and meet the shoreland management ordinance requirements as to setbacks from the lake. CITY ^OF CHANHASSEN 7610 LAREDO DRIVE9P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 from: City Administrator ction by Councils Endo '2Pd MEMORANDUM Pej',aed Date TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: August 1, 1977 Referred To: Mayor �iti cc - T js' vess c� ws Council %�Q<+<cl fs gypsy Z «. Planner Building Attorney ci �tiss ®/e0.ce /,e/d < Engineer Treasurer w�.K oN his Police [.fin.;c/ Uar; n..cc �re.eS3 Parks & Rec. fe Street Maint. lltilifes r2 SUBJ: Sewer Moritorium variance Request, Lake Riley Blvd, Oche Tessness Realty Date The city is in receipt of a request from Adolph Tessness, representing the Laurent property 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 22 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 - restricting building on lots not served by public sewer and being less than 2z 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 noted 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 should 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 would 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 as to whether the lot meets the requirements of ordinance 33, or whether additional conditions should be made, i.e. dedication ME Mayor and Council -2- August 1, 1977 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. Too City Manager Mayor and City Councilmen Subjects Sewer Moritorium Variance Request. The subject property is shown on the attached portion of a 1/2 section map, under ownership name Gilbert P.Laurent. I have met with the City Attorney and Manager to discuss the problems involved in obtaining a building permit. It was determined by the City Attorney that the only problem was the ordinance adopted on the sewer moritorium May 12th 1977. Backgrounds 1. The lot" is approx 44,0o0 Sq. Ft. 11 2. The size of lots in Shore Acres vary, however most of them are 50 wide and approx 150 deep.- totaling 7500 sq. ft. The actual ownership will indicate some have built on one to three lots. 3. The Bandimere Heights lots average 20,000 sq. ft. 4. There are four lots between Shore Acres and Bandimere Heights, three of which already have homes on them. 5. This piece of property has been recorded as a seperate parcel since 1954. I feel that the sewer moritorium ordinance was enacted to give the City time to study and analize the future problems of new divisions of properties. This request for a building permit on this site seems reasonable, is larger than most of the other lots in this area. In fact larger than most of the lots in the entire City. The City has determined this area does not need sewer at this time. From the background on this subject it appears that that a variance on the sewer moritorium ordinance would not impare the intentionof the ordinance.. This request is made with the understanding the ordinance must be amended first, to add a variance section. Submitted byi Adolph Tessness N 'ClGlyTc KIOWA t'S m w ''1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 64 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOPMENT WITHIN THE AREAS OF CHANHASSEN NOT SERVED BY CITY SANITARY SEWER, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Section 1. Intent and Purpose. This Ordinance is adopted for the purpose of: 1. Protecting the health, safety and welfare of the residents and future residents of the City of Chanhassen; and 2. Allowing a reasonable time for this City to develop and adopt an ordinance and other official controls which: a. will regulate individual sewer disposal systems so as to prevent contamination of underground bodies of water or of streams, lakes, rivers, or other surface bodies of water; and b. will prevent individual sewer disposal systems from creating a health hazard or a nuisance for the general public or for individuals; and C. will make it unnecessary to provide central public sewage disposal systems for areas in the City of Chanhassen not intended for urban development in the foreseeable future, as shown by the Comprehensive Plan for the City of Chanhassen; and Protecting the planning processes of the City of Chanhassen and its citizens. 4. Protecting rights in property created prior to the date of the enactment of this ordinance. Section 2. Moratorium. 2.01 Prohibition. Pending the adoption of the aforesaid ordinance and official controls, no building permit shall be issued for the construction, erection or moving of any building on any tract of land within the limits of the City not served by the municipal sanitary sewer system; and no person, firm or corporation shall construct, erect or move any building upon any land within the limits of the City not served by the municipal sanitary sewer system. 2.02 1Exceptions to Moratorium. 1. Agricultural Uses. The provisions of §2.01 of this ordinance shall not prohibit the issuance of building permits for structures to be utilized solely for agricultural uses and not employing individual sewer disposal systems. The definition of agriculture and agricultural uses applicable under this ordinance shall be as set forth in the Chanhassen Zoning Ordinance. 111 2. Single Family Residential Construction. Except as hereinafter provided, the provisions of §2.01 of this ordinance shall not prohibit the issuance of building permits for single family residential construction or moving, and shall not prohibit such construction or moving if such proposed single family residence is to be located: a. Upon an unimproved unplatted tract of land which was of record in the offices of the county recorder or registrar of titles on March 15, 1971, and which is not less than two and one-half (2-1/2) acres in size and which shall have a front yard of not less than fifty (50) feet, a side yard on one side of not less than one hundred (100) feet, and a side yard on the other side of not less than ten (10) feet, a rear yard of not less than fifty (50) feet, and which shall adjoin a public road or city street. The depth of each such tract shall not he greater than two (2) times the width. b. Upon an unimproved existing platted lot which shall contain at least thirty thousand (30,000) square feet and which shall have a front yard of not less than thirty (30) feet, a side yard of not less than ten (10) feet, and a rear yard of not less than thirty (30) feet. For purposes of this section an existing platted lot shall include an unimproved registered land survey of record in the office of the registrar of titles on March 15, 1971, and which meets the standards of this section. C. All proposed building sites under §2.02(2)(a) and (b) above shall be inspected by the City Building Inspector, and no building permit shall be issued for any site on which, in the opinion of the building inspector, an inadequate surface or subsurface drainage or soil porosity condition may exist. The applicant for a building permit may be required at the expense of the applicant to furnish such engineering tests as the building inspector may reasonably require to aid him in making his judgment, and in the exercise of said judgment he shall take into consideration the impact of the issuance of any such permit upon contiguous properties. Section 3. Penalty. Any person, firm or corporation violating the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed Three hundred dollars ($300.00), imprisonment for not to exceed ninety (90) days, or both. -2- ON �l In the event any building or structure is constructed, erected, or moved in violation of this Ordinance, the Zoning Administrator may institute any proper action or proceeding in the name of the City (a) to prevent such unlawful construction, erection, or moving, (b) to restrain or abate such violation; or (c) to prevent the use or occupation of any such building or structure. Section 4. Effective Date. This Ordinance shall take effect from and after its passage and pub- lication, and shall remain in force until the date of the adoption of the Ordinance contemplated hereunder or December 31, 1977, whichever date occurs first. Passed by the Council this 9th ATTEST iJirtf Manager City Clerk day of May , 1977. �)j 4-- Mayor Published in Carver County Herald on May 12 1977. -3-