77-18 - 3711 South Cedar Dr VAR pt 1. ssi6
CITY OF 13.
CHANHASSEN
7610 LAREDO DRIVEOP 0 BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 4748885
Ac#ion by, Counclid
PLANNING REPORT
DATE: November 14, 1977
TO: City Manager, Don Ashworth
FROM: Assistant City Planner, Bob Waibel
.Endorsed
f4Rodtfied -��'
Pejeaed
G C_
SUBJ: Variance Petition from Frank Boyce requesting to expand
the living area of an existing house in the Red Cedar
Point Neighborhood
Aci-ifinn
Mr. Boyce is proposing to increase the height of the existing
house by a total of 4 feet 6 inches, to provide for second story
living space. 1 foot 4 inches of this distance is intended to
be the amount the basement will be raised.
Background
1. Community Location: As indicated in enclosure #1, the subject
property is located near the intersection of So. Cedar Street and
Juniper Road in the Red Cedar Point Neighborhood.
2. Existing Zoning: The subject property and its environs are
zoned R-1 single-family residential district upon which the following
requirements apply:
a. Minimum lot size: 15,000 square feet
b. Minimum lot width: 90 feet at the building setback line
c. Minimum side yard setback: 10 feet
d. Setback from high water mark: 75 feet
3. Existing Lot Dimensions:
a.
Lot area:
Approximately
7,900 square feet
b.
Lot width:
40.12 feet
c.
Front yard
setback: 3.9
feet
d.
Side yard
setback: 1.9
feet
e.
Rear yard
setback: 105
feet
4. Utilities: Sanitary sewer and water is in place and in service
to the subject property. The subject property has been assessed one
sewer and water unit in response to public improvement project 71-1E.
Don Ashworth, City Manager -2- November 14, 1977
Planner's Comments
This particular property was recently subject of review for a variance
request by the Board of Adjustments and Appeals for the then petitioner
Jerold Meyer. At that time, a decision by the Board was tabled
until a legal opinion was submitted by the city attorney. This opinion
has since been received and although it is written for a request by
a different petitioner, it should be applicable in establishing
grounds for a decision on the request by the present petitioner, Mr.
Boyce.
Board of Adjustments and Appeals Recommendation
The Board of Adjustments and Appeals held a public hearing at the site
on November 1, 1977. There were no objections to the proposal and
the Board of Adjustments and Appeals recommended the city council grant
the variance.
Planner's Recommendation
I recommend approval of this variance request in concurrence with the
attached September 14, 1977, letter from Assistant City Attorney, Craig
Mertz, and the decision by the Board of Adjustments and Appeals.
-.� �.
Ad�
jrJU-05URE JO/
1 .M'.
,a PLAT OF'SURVEY
' OF PROPERTY OF _
LOCATION3'�II South Cedar Drive, Chi..hassen Mrt
Dtat:tt�.cowt:►attows Lot 7-5 C�31oc1� 4 Reck Cedar PoiwAt ,
/� �•� - Onsawhals (Tep of M•nho6 = 1304e11% Mark--2SSUMc4 elev.
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falls or, C
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oust _ • 1
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�x PP*F
(1,4.t)- Wafer..,ele�afia►1
am-rwlCATI OF LOCATION OF BLULDING CERTIFICATE OF SMVIEV
I bereby certify that on 19 I bembr certify that on--.- - 0- - - -
1 made a survey d the location of the buildins(s) on the above I surveyed tM,ptoperty-4wAbd a..•.ve.aMeNwt the abova plot
described pp�rroperty and that the location of said buildings) is is a smact:reprerattalim of said.ntrvay.
wrrectly sbosvn ao tote above plat. ,
ROY J. t"Uh. MAISTMO SU EYOm 1M 074
a •,1 '
6.
"V dt1.9-.4. LAR*ON
MERTA
or COUNAck
HARV(Y i.AKAAR
Mr. Donald
Chanhassen
Box 147
Chanhassen,
Dear Don:
MXRTZ. LTD.
ATTOR149YO AT,L.Aw .
1900 ,RLRSY INATION.RL GANNRU110JN6
04INN9APOGIO. M1NNCOOTA 044Qa
September 14, 1977
Ref:
W. Ashworth
City Manager
Minn. 55317
Re: Variance Request
Jerrold Meyer
3711 South Cedar Drive
You have requested that we provide you with a report on the matter
of the application of Jerrold Meyer to renovate the "Lund "house
which is located on Red Cedar Point. The subject property abuts
Lake Minnewashta and consists of one platted lot, forty feet wide
and approximately 130 feet deep. The lot in question was platted
in 1913, and is presently zoned "R-1". We understand that the
existing house has side yards of approximately one foot on each
side. We further understand that Mr. Meyer wishes to expand the
size of the existing house by building a second story on top of
the existing one story structure.
It is clear that the existing house is a non -conforming use because
it is not in conformance with:
a. The 15,000 S.F. minimum lot size (Ordinance 47, S7.D5(5)); or
b. the minimum side yard requirement of 10 feet (Ordinance 47,
S7.05(4)) or
C. the maximum lot width of 90 feet at the building set back
line (Ordinance 47, 57.05(6)).
The use of the subject property is governed by S20.02 and 20.06 of
the Zoning Ordinance, both of which sections are set out in full
below:
20.02 Enlargement or Alteration. No non -conforming use
shall be enlarged, altered or increased, or occupy a
greater area than that occupied by such use on the effec-
tive date of this ordinance or any amendment thereto. A
non -conforming use shall not be moved to any other part of
the parcel of land upon which the same was.conducted. If
no structural alterations are made, a non-conforming.use
of a building may be changed to another non -conforming lose
of the same . or .more restricted cla1� fi.cation. Whenever' a
non-conforminq use OVA building ha been change* to a mote
restricted use; or to a conf'ox=i'ng u , Pugh 448 snot
thereafter be chang44 to a .'lefts Test Gted Ogl@o
•'�j 1.
oona ld W;
•'Jorrold Meyer
Ashworth -2-
Variance Request.
9/14/77
20.06 Normal Maintenance. Maintenance, necessary
non-structural repairs, and incidental alterations ofa
building or structure containing or used as a non -
confirming use are to be permitted provided that any
such maintenance, repairs or alteration does not extend,
enlarge, or intensify the non -conforming building or use.
Strict application of these sections to the Meyer application
indicates that the building inspector was correct in his refusal
to issue a building permit to the proposed construction. Section
20.06 specifically provides that an alteration of a building may
not extend, enlarge, or intensify the non -conforming structure.
Mr. Meyer's only remedy is to seek relief from the City Council
by utilizing the Board of Adjustment and Appeals procedure which
is set forth in S22 of the Zoning Ordinance. The Board of
Adjustments and Appeals is empowered to recommend variances from
the area requirements, side yard requirements, and lot width
requirements of the Zoning Ordinance, if all of the following
elements are present:
1.
Strict enforcement of the literal provisions of
the
Zoning Ordinance would cause hardship unique to
the
individual applicant; and
2.
There are special conditions affecting the land
and
building in question; and
3.
The grant of a variance is necessary to preserve
sub-
stantial property rights; and
4.
The grant of a variance will not be of material
detriment
to the public welfare; and
5.
The grant of a variance will not be a material detriment
to neighborhood property values; and
6.
The grant of a variance would not undermine the
spirit and
intent of. the City's Zoning Ordinance.
(See Ordinance 47, S22.02).
Once the Board of Adjustments and Appeals has made its recommendation,
the City Council may approve, reverse, or revise the decision of the
Board.
We note that the subject property was assessed for sewer and water
as a part of Project 71-1E (North Area Sewer & Water). Thus, the
applicant can clearly demonstrate an economic hardship. If put to
a Court test, we would be hard put to justify the refusal to issue
a building permit in the face of this assessment,
Ve truly yours,
Craig M! Mertz
Apo$OtAnt Chanhassen City Attorney
CMM:mep
cc; Bruce Pankonin
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA )
ss.
C O JNTY OF CARVER )
DON ASHWORTH
and says that he is and was on OCTOBER 20
, being first duly sworn, on oath deposes
, 1977, the duly qualified and
acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said
date he caused to be mailed a copy of the attached notice of hearing on a
FRANK BOYCE VARIANCE REQUEST
in the
City to the persons named on attached Exhibit "A", by enclosing a copy of said
notice in an envelope addressed to such owner, and depositing the envelopes
addressed to all such owners in the United States mails with postage fully prepaid
trereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer of Carver County, Minnesota, and by otne
appropriate records.
DON ASHWORTH, CITY MANAGER
Subscribed and sworn to before me
this _ day of _ 1974.
Notary Public
M
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 Tuesday ,
November 1, 1977 at 6:30 p.m. at the site - 3711 South Cedar Drive.
All interested persons may appear and be heard at said time and
place.
APPLICANT: Frank Boyce
PLANS: The applicant wants to add to a house on a non -conforming lot which does
not meet the 15,000 square feet requirements of zoning ordinance 47. All interested
persons may appear and be heard at said time and place.
Earl. & Averil Lund
• 3711 South Cedar Drive
Excelsior, NN 55331
John T. Higgen
50 Groveland Terrace Apt.
Minneapolis, MN 55403
Cliff Pederson
31713 South Cedar Drive
Excelsior, MN 55331
Richard Anding
3715 South Cedar Drive
Excelsior, MN 55331
Basil Bastian
3719 South Cedar Drive
Excelsior, MN 55331
Tan Heiberg
3707 South Cedar Drive
Excelsior, MN 55331
Andrew Jensen
3705 South Cedar Drive
Excelsior, MN 55331
Dorothy Collins
3701 South Cedar
Excelsior, MN 55331
Chester Lobitz
3637 South Cedar
Excelsior, MN 55331
Gary Grmsrud
7201 Juniper
Excelsior, MN 55331
Genevieve Draus
Rt. 1 Box 779
Excelsior, MN 55331
Francis M. Sikora
1814 4th St. NE
Minneapolis, MN 55413
Mr. Richard Pearson
7307 Frontier Trail
Chanhassen, MN 55317
Mr. Roman Roos
8001 Cheyenne Trail
Chanhassen, MN 55317
Mr. Willard Johnson
1660 West 63rd Street
Excelsior, MN 55331
Mr. Frank Boyce
12226 Marilane
Minnetonka, MN 55343
Chatles Anding
3631 South cedar Drive
Excelsior, MN 55331
-24--
VARIANCE PETITION CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Appl ica" :
Name:_
Last
Address:
Date of Application
Fee Paid "2, Dad ; b
Received y 1,f�-
s
Initia
Owner
Name: V ??1LL LuoO
Last First Initial
Address: "s 1.%/
Number ,
�t
Street
Address of Property in question:
Cr P14P.
ty State
Legal description of property in question:
r, A-' 10 c
Present zoning of property: !�ik,
Present use of property: V
Proposed use of property:
Zip C
r lt7iC
-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.
Sig ature-of Apjrlicant
Signature of Owner
Date
Received by Title Date
(Following to be completed by Zoning Administrator or City official)
ublic Hearing ay
Dard of Adjustments and Appeals
oard of Adjustments and Appeals
Dstponed to - - _ _ _ _-_ _ -
djacent property owners notified
ublic Hearing
pplication on Council Agenda
ouncil postponed to
ouncil Action
Ik
-26-
BOARD OF ADJUSTMENT AND APPEALS
On this day of , 19 , this variance
action was recommended for (approval), (disapproval -for the
following reasons:
Chairman of Board of Adjustments and Appeal!
Action by City:
On this day of , 19 , the Chanhassen
City Counci , u
Carver and Hennepin Counties, Minnesota (approved),
(disapproved) this variance petition for the following reasons:
By Order of the Chanhassen
City Council
Mayor
Attest:
City Administrator
Earl � Avert it Lund John T. Higg-in
9,111 Sotath Cedars 50 Gkovetand Te vtace Apt.
ExcetA ion, MN 55331 M-in.neapotiA, MN 55403
Cf i 6 6 Pedm on Fnanci a M. S.ikona.
3 713 South. CedaA 1814 4xh. St. N. E.
Fxce ioA, MN 55331 M.inneapoW, MN 55413
Ri.c An din Dick Peauon
3715 Sot CedaA 7307 FnontieA Trait
ExceU ioh, MN 55331 Chanhawn, MN 55317
Basic 8 He.Cen Suntan Roman Roob
3719 South CedaA 8001 Cheyenne Ave.
Exeets-t'on, MN 55331 Chanha6.6en, MN 55317
Tom He ibeAg Gl-c.P oAd Johna on
3707 South Ce.doA 1660 W. 63nd St
Excetsiot, MN 55331 Excet z ion, MN 55331
AndAue Jen6s, `Jeutd Mew
3705 South CedaA 3935':Bx6wn Lane
Excets-ion, MN 55331 Mz e-tonka-,-MN 55343
t.
3701 South CedaA ,''
Exceaion, MN 55331
Chu ten Lob.i tz
3637 South CedaA
Excebsioh, AN 55331
Gary Gow kud
7201 JunipeA
Exceb ion, MN 55331
Genevieve D4zua
Rt. l Box 779
Excef,6 i.on, MN 55331
Chaata Anding
44�1 South Cedar.
.. ')PArnh LiM 45991
O
Board of Adjustment & Appeals
1'1 o.v, 1, 1977
Wi11 coo-hi'i son Dick Pearson
Terry ET:eher present
Var i nce Ti e qu e st— Prank Boyce
A motion was -made by Will Johnson, seconded by
Dick Pearson to reco amend City Council to. Grant
Variance , All voted in favor .
TTQ objection from neighbors- this time.
ITY OF
CHANHASSEN
7610 LAREDO DRIVEoP 0. BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: November 7, 1977
TO: Bob Waibel, Assistant City Planner
FROM: Bruce Pankonin, City Planner
SUBJ: Frank Boyce Variance Request
PLANNING CASE: P-441
Attached please find the Board of Adjustments and Appeals recommendation
regarding Frank Boyce's variance request. Please arrange for
preparation of a staff report so the council can consider this item
on November 21, 1977.
CITY OF
CHANHASSEN
7610 LAREDO DRIVE•P.0 BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474-8885
October 19, 1977
Mr. Frank Boyce
12226 Marilane`
Minnetonka, MN 55343
Dear Mr. Boyce:
Enclosed please find your variance petition.
obtain the present property owner's signature
of the form. The public hearing will not be
this.
Sincerely,
�,4ajal&,b
Bob Waibel
Assistant City Planner
Bw
Enclosure
We request that you
on the second page
delayed because of
-24-,
VARIANCE PETITION CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Applicant:
Name: c.1
Last
Address:
Date of Application
Fee Paid': _ Date
Received
rst
NO
a
Owner
Name: hV)/ -' 21 LL Luloo
Last First Initial
Address: 3 /// ..So, C- e
Number and Stree
Address of Property in question:
Legal description of property in question:
G;
y
e
OR
A!,)7t3i2F OF REQUEST: S G 5.�y,; U G7."igf 1y :: j c /4 iS /yox�GONfor?I ,rti6
Present zoning of property:
Present use of property:
Proposed use of property:
d
1 -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 of Ap �icant
Signature bf Owner
Date
Received by
Title Date
(Following to be completed by Zoning Administrator or City official)
RONOLOGY
T Date
Public Hearing by
Board of Adjustments and Appeals
Board of Adjustments and Appeals
postponed to
Adjacent property owners notified
Public Hearing
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), disapproval 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, Minnesota (approved),
(disapproved) this variance petition for the following reasons:
By Order of the Chanhassen
City Council
Mayor
Attest:
City Administrator