77-16 Variance 6798 Huron Ave Scanned Planning FileMEMORANDUM
4 CITY OF
0 CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
Action by Council: (612) 474-8885
Endorsed
modi�ied.
fte ccted
Date_ L°VLZ---.
TO: City Manager, Don Ashworth
FROM: Assistant City Planner, Bob Waibel
DATE: October 5, 1977
SUBJ: Setback and Lot Size Variance Request
PLANNING CASE: P-426
APPLICANT Lois and Mike Niemeyer
Ac*wr 7v fih� oaminis[
Era:, ✓
r kiou-
-- _.
Petition: Lois and Mike Niemeyer are requesting to build a garage
on a parcel of land 10,.000 square feet. In addition setbacks of
23 feet are requested for the portions of the proposed garage nearest
to West 68th Street and Huron. A variance for a 714" setback is also
being requested from the property line in the southwest corner of
the sketch plan.
Background:
1. Community Location: As indicated on enclosure 1, the subject
property is located at the northwest quadrant of the intersection of
West 68th Street and Huron in the Carver Beach Neighborhood.
2. Existing Zoning: The subject property and environs are zoned
R-1 Single Family Residential District.
3. Utilities: The subject property is presently served by sanitary
sewer and water. The property is assessed for said services.
4. Comprehensive Plan Proposal:
a. Land Use: Pursuant to the adopted Comprehensive Plan and
the Carver Beach Neighborhood plan, the area is to assume and maintain
a low density residential identity.
b. Pursuant to the Comprehensive Plan, Huron and West 68th
Street are to function as local streets.
Mr. Don Ashworth ai_
Board of Adjustments
and Appeals -2- October 5, 1977
Planner's Comments
1. In reviewing this variance request, the Board of Adjustments and
Appeals should ask the following questions regarding the applicant's
request.
a. Does the zoning variance lead to practical difficulties
or undue hardship on the part of the property owner in the use of
his property?
b. Is the hardship unique to the property?
C. Is the landowner unable to acquire adjacent land so as to
meet the dimensional standards of the zoning ordinance?
d. Will the proposal alter the essential character of the area?
e. 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 the City Council, then the variance
request should not be granted.
2. The sketch plan proposal illustrates a reasonable method of ac-
commodating the existing dwelling with the equivalent of a standard
size double garage, with all due consideration to the unusual dimensions
of the property.
3. In reference to the 7'4" side yard setback to the southwest
corner property line the following should be. noted. In comparison
to Chanhassen's 10 foot side yard requirement, some communities
have differentiated a 10 foot setback for residential portions of
structures and a 5 foot setback for accessory structures.
4. It appears that this request affirmatively meets the criteria
stated in Section 1 of these comments in that the Carver Beach Neighbor-
hood is a product of obsolete subdividing methods.
BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION: At the hearing of
October 6, 1977, the Board of Adjustments and Appeals voted favorably
to recommend the City Council to grant the variance. An additional
contingency of 1 foot 4 inches was approved by the Board of Adjustments
and Appeals to permit a minimal 6 foot setback on the southwest
property line, due to an error in the sketch plan.
Planner's Recommendation: I find this proposal to be an appropriate
solution to maximize the utility of this property within the framework
of the Carver Beach Plan and therefore recommend its approval.
V, ChrlafrviN. _ ..—��� •F.
—S • , F ��1 LekN s-
-- -.�- L - I I \\ �'� j � � _ — • CIS
I
Ixri�i �
• m
pp
t.i f.r i y, ,�+t. �1,,� Lotus ,! r--�f Iil
I;
Ili Lake Lucy l I /F�I -{h — - _ — —�-`\ — \\l� �(�,•, Yj
'I
IT ID-
1LLL11
\ � ex e���l f� I•J•� �'__ i I IIITJ ..1�J�, N y Ili
- •F IwX��jk'\,, Lake
�Jlo Ann
Lake
ILLS '•�_ 1 . ^l.li R 9
� fC7
I
tAbORET �— llIdi^ ^ �I 'F
M I I�x lxx rl r J€lr! _
I
I
Ol . II
R.R
—I a
1/ s
ARE
Lek• Susan / gIce
Marsh
Lshe
LF 6
14
__� I •F •f�i 't
L._.. _—i—I •L_J I___ ..__— I I I LQ 54
r ;
• ^ ' p C4.
0 Y
�S OZZ
yulZ �
OrJJJ
OI
r0
P
J4Y
`* a9Ft
u
h
6798 Huron Ave.
Excelsior, PIN 55331
September 15, 1977
Chanhassen Board of Adjustment
Re: Yard variances on Carver Beach property at 6798 Huron
Gentlemen:
We respectfully request a 10' waiver on the south and east front
yard requirements as well as the west side yard of our property.
Further the property is approximately 10,000 s.f. which is below
the minimum required by the guide plan, so we must also request
a waiver to build on an undersized lot.
For the following reasons we feel these requests to be reasonable:
1.) In a climate such as Minnesotas an enclosed garage is a
necessity.
2.) Because of the shape and size of the lot as well as location
of mature trees the garage, the proposed structure, can go
few other places.
3.) A waiver on the East seems reasonable because the existing
house encroaches 20' and Huron Avenue is to become a trailway
with parkland to the lake, therefore, it is a guaranteed open
space.
4.) A waiver on the West seems reasonable because the encroachment
is only at a corner of adjacent property and otherwise would
not require a waiver.
5.) The only justification we can offer for the request on the
south yard is that to push the structure North would seriously
effect our major privacy yard while pushing the structure East
would increase the encroachment on the Huron side as well as
cutting into the tree root systems. We have laid the proposed
structure out in such a way as to minimize its encroachment to
two corners rather than a continuous wall.
Because winter is approaching and we will be doing much of the labor
ourselves, an early consideration of this request would be appreci-
ated.
To assist in this consideration we are enclosing the following list
of property owners who appear to be within 350' of our property.
We are missing the name for a small vacant lot immediately to the
South, hopefully your files will have this information.
Thank you,
Lois & Make
Niemeyer`
t�
Chanhassen Board of
September 15, 1977
Page 2
Adjustment
William Moreno
Richard Rossing
Frank Reba
Judy Evans
Wesley Westermann
Marie Swanson
Arden Krueger
Charlie Hanson
6795 Carver Beach Road
Carver Beach Road
Carver Beach Road
6800 Carver Beach Road
700 W. 68th Street
680 W. 68th Street
6810 Huron Avenue
6850 Iroquois Avenue
0
-24-
c
VARIANCE PE`ITION
CASE 130. VAR._
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Applicant:
Name:
Last
Address; lv �e o,
Number and Street
Owner
Name:
Date of Application �
Fee Paid 35, °a Da.t--e-7 Z
Received b
S a'.33i
Address: -S Rm/�
Number and Street City State Zip Code
Address of Property in question:
Legal descr.iplion of property in question;
Present zoning oL property:
Present use of property:
Proposed use of property:_
-25-
The following documents Shall be attached to this application:
Date Received Initial
1. Sketch plan
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 this
Signature ot,owner
Rec ved by Title Date
(Following to be completed by Zoning Administrator or City official)
_--
i
Date By
Public Hearing by
Board of Adjustments and Appeals
Board of Adjustments and'appeals
postponed to
Adjacent property owners notified
Application on Council Agenda
Council postponed to
Council action
-26-
BOARD OF ADJUSTMENT AND APPEALS
On this day of , 19 , this variance
action was recommended for (approval), xsapprov'—al-rfor 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 ount es, Minnesota (approved),
(disapproved) this variance petition for the following reasons:
By order of the Chanhassen
City Council
Mayor
Attest:
City Administrator
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
October 6, 1977 at 7:00 p.m. at the site, 6798 Huron -
Carver Beach
All interested persons may appear and be heard at said time and
place.
APPLICANT: L
PLANS: Proposes to construct a garage on a lot containing 10,000
square feet and additionally requesting a 20 feet front yard set-
back. City ordinance requires that there be 15,000 sauarp feat per
parcel and 30 feet setback on the front yard. All interested nprsnns
may appear and be heard at said time and place.
Mr. Wesley Westermann
700 W. 68th St.
Excelsior, MN 55331
Ms. Marie Swanson
680 W. 68th St.
Excelsior, MN 55331
Mr. Arden Krueger
6810 Huron Ave.
Excelsior, MN 55331
Mr. Charlie Hanson
4850 Iroquois Ave.
Excelsior, MN 55331
Mr. William Moreno
6795 Carver Beach Rd.
Excelsior, MN 55331
Mr. Richard Rossing
6792 Carver Beach Rd.
Excelsior, MN 55331
Mr. Frank Ryba
6811 Carver Beach Rd.
Excelsior, MN 55331
Ms. Judy Evans
6800 Carver Beach Rd.
Excelsior, MN 55331
Board of Adjustments and Appeals
Oct.. 6, 1377
Will Johnson, Roman Roos were present, Dick Pearson absent..
Variance Request for Miss ITancy Kay Raddahl.
A motion was made by Will Johnson, seconded by Roman Roos
to, recommend the city council to Grant the variance. the
home to be set as, shown on bu�lders.sketch plan. ..
All voted in favor.
Variance Request Lois and Mike Niemeyer.
A motion was made by Roman Roos, and seconded by Will
Johnson to recommend the city council to Grant the vari.ancep
per sketch plan. Hold at least 6 feet set back instead of —14
error in sketch plan.
All voted in favor.
Noobjectionon either variance.
OC71977
RECEIVED
VILLAGE OF.
CHANHASSEN.
MINN.
17
I
vie
s)Q-;-,ntjr_
� �"�tj
e elk,
qz�
LOTS Sobto, �Zobl. I'dLo6 2.01
-Tmr rAfz-,v or- '- , oz�6s 1
�lec- eT soci r-OK-tA,
- �
t-® 4xord or Tree N4c)potALrt,.rT
tlfi?r�cly. I WAIT Lr�Ly �00�_Cw) $:
Hur4lEt-yT
ICN
P"J b
V6