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77-19 Variance 6782 Mandan Avenue Scanned Planning FileCITY OF CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: December 13, 1977 TO: City Manager, Don Ashworth FROM: Bob Waibel, Assistant City Planner SUBJ: Daniel J. Woitalla Variance Request PLANNING CASE: P-444 Petition Mr. Woitalla intends to build a detached double garage on his property containing 8,784 square feet. The Chanhassen zoning ordinance requires 15,000 square feet of lot area for single family residential districts. Background 1. Community Location: As indicated on enclosure 1, the subject property is located at the southwest quadrant of the intersection of Hawthorne Road and Mandan Drive in the Carver Beach Neighborhood. 2. Existing Zoning: The subject property and its environs are zoned R-1, single family residential district. 3. Utilities: Sanitary sewer and water are available to the subject property and a water and sewer unit charge has been assessed pursuant to improvement project 75-4. 4. Comprehensive Plan Proposal: a). Land Use: Pursuant to the adopted Comprehensive Plan, this area is to assume and maintain a low density residential identity. b). Transportation: Pursuant to the adopted Transportation Plan, Mandan Avenue is to function as a local street. Planner's Comments 1. The Board of Adjustments and Appeals shall not recommend and the Council shall not grant, a variance unless they find the following facts: Board of Adjustmer.J and Appeals -2- December 13, 1977 a). That there are special circumstances or conditions affecting the land, building or use referred to in the application for the variance. b). That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. c). That the granting of the application will not be materailly detrimental to the public welfare or injurious to property in the area adjacent to the property for which the variance is sought. d). That the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance and city plan. The Board of Adjustments and Appeals in recommending, and the Council in granting a variance may impose conditions to insure compliance and to protect adjacent properties. The Board of Adjustments and Appeals and the Council shall not permit as a variance any use that is not permitted under this ordinance for property in the zoning district where the land which is the subject of the variance application is located. 2. Residences with detached double garages are essentially within the character of the neighborhood. 3. Construction of the garage (excluding driveway) as proposed would make 1,142 square feet (13%) of the total property area encumbered with structures. 4. In consideration of the sewer and water assessments placed on the property, the city would be hard pressed to deny this request. Board of Adjustments and Appeals Recommendation The Board of Adjustments and Appeals duly held a public hearing to test neighborhood sentiment to the proposal. No objections were received and the Board voted unanimoulsy to recommend the city council grant the variance. Planner's Recommendation I recommend that the city council look with favor upon this request in response to the property circumstances delineated in the comments section of this report. Additionally, the applicant should be encouraged to retain as many trees as possible in carrying out the proposed construction. Action by City AdministFOR Endorsed Modified.._..._....._.. Rejucted__s.----.--- Date--.-_..--..-..-- Date SubmP ed to Commisslon Date Submitted to Council 2A400-, 2 0 -Of dnOs h,I[8 - 3t!S 107 "Wool 0 ,9'sl avo� :7ry�oNlmdff ,. Board of Adjustment and Appeals De¢. 6, 1977 Will Johnson, Roman Roos, present Dick Pearson absent.. Variance Request— Daniel J. Woitalla A motion was made by Roman Roos, seconded by Will Johnson to recommend city council to Grant variance. All voted in favor. Variance Request— Robert Ritter A motion was made by Will Johnson seconded by Roman Roos,to recommend city council to Grant variance on Lot-1 and 2 of Black 2 . All voted in favor. Comment— Mr.& Mrs. Don Bros and Mrs. Lee Anderson were present. They voice there concern for 10 It. side yard set back fron 20 Ft. water easement on South side of Lot 2. Future use o.f out Lot R when Development of out Lot A occurs across the road. I feel Lot A and B have no effect on variance. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 8, 1977 TO: Board of Adjustments and Appeals FROM: Bob Waibel, Assistant City Planner SUBJ: Daniel J. Woitalla Variance Request PLANNING CASE: P-444 Petition Mr. Woitalla intends to build a detached double garage on his property containing 8,784 square feet. The Chanhassen Zoning Ordinance requires 15,000 square feet of lot area for single family residential districts. Background 1. Community Location: As indicated on enclousre 1, the subject property is located at the southwest quadrant of the intersection of Hawthorne Road and Mandan Drive in the Carver Beach Neighborhood. 2. Existing Zoning: The subject property and its environs are zoned R-1, single family residential district. 3. Utilities: Sanitary sewer and water are available to the subject property and a water and sewer unit charge has been assessed pursuant to improvement project 75-4. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the adopted Comprehensive Plan, this area is to assume and maintain a low density residential identity. b. Transportation: Pursuant to the adopted Transportation Plan, Mandan Avenue is to function as a local street. Planner's Comments 1., The Board of Adjustments and Appeals shall not recommend, and the Council shall not grant, a variance unless they find the following facts: Board of Adjustments and, Appeals -2- December 5, 1977 1). That there are special circumstances or conditions affecting the land, building or use referred to in the application for the variance. 2). That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 3). That the granting of the application will not be materially detrimental to the public welfare or injurious to property in the area adjacent to the property for which the variance is sought. 4). That the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance and city plan. The Board of Adjustments and Appeals in recommending, and the Council in granting a variance may impose conditions to insure compliance and to protect adjacent properties. The Board of Adjustments and Appeals and the Council shall not permit as a variance any use that is not permitted under this ordinance for property in the zoning district where the land which is the subject of the variance application is located. 2. Residences with detached double garages are essentially within the character of the neighborhood. 3. Construction of the garage (excluding driveway) as proposed would make 1,142 square feet (13%) of the total property area developed. 4. In consideration of the sewer and water assessments placed on the property, the city would be hard pressed to deny this request. Planner's Recommendation I recommend that the Board of Adjustments and Appeals look with favor upon this request in response to the property circumstances delineated in the comments section of this report. Additionally, the applicant should be encouraged to retain as many trees as possible in carrying out the proposed construction. all Z.1400-1 O w DID ve,?pty ,24 � z ROM 4ZrA.� OR�Uc '''fFY N � I C � FN G LOSOR r 't CITY OF 011A:�'1TASS .ti AFIFIDAVIT OF MAILING A:OTICE OF PRELIMINARY 'IMPROVEMENT HiZAIrUNG STAT% OF MINNL'SOTA }. COUNTY OF CARVER' ) Don Ashworth ' being first duly sworn, or. oath C:oposes and says that hers and was on November 14 19 77 ,the duly quaiifiud a;;d 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 variance request for Daniel J. Woitalla lmprova.r.ant in -he City to the owner of. each parcel within the area proposed to be assessed cr said inprovamant as set forth in said notice, by enclosing a copy of said notice in an envalopa addressed to such owner, and depositing the envelopes addressed to all suc:i ov✓;ears in the United States mails with postage fully prepaid thereon; that the r.�.:;;es a,:c uddressas of such owners ware those appearing as such by tha records of the County Treasura{ of Calver County, Minnesota.. and bv. other a.00rooriata records..._. t Subscribed and swore: to befora ma this day Notary Public 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 December 6, 1977 at 7:00 p.m. at City Hall, 7610 Laredo. Drive All interested persons may appear and be heard at said time and place. APPLICANT: Daniel J. Woitalla PLANS: Proposes to construct a detached double garage at 6782 Mandan Avenue. The subject property is in an R-1, single family residential district and contains 8784 square feet. Chanhassen Zoning Ordinance 47, requires 15,000 square feet of lot area for R-1 districts. All interested persons may attend and be heard at the said time and place. Gene Gelbert Rt. 5 Box 264 Excelsior, MN 55331 Dwight Imker 6790 Mandan Ave. Excelsior, MN 55331 Lewis Woitalla 6740 Powers Blvd. Excelsior, MN 55331 Floyd Osmundson Jr. 5517 - 83rd Ave. No. Brooklyn Park, MN 55443 Bruce Sparrman Rt. 7 W. 68th Excelsior, MN Harriet L. Norum Rt. 7 Box 674 Excelsior, MN 55331 John Breitner 6789 Mandan Ave. Excelsior, MN 55331 William Smith 12 W. 39th St. Minneapolis, MN 5sy09 Nick Zeimes Rt. 3 Annandale, MN 15 S30a C.A. MacLeod St. c/o Lewis Woitalla 55331 6740 Powers Blvd. Excelsior, MN 55331 M.K. Johnson 6795 Nez Perce Excelsior, MN 55331 Foster Janich 6777 Carver Beach Rd Excelsior, MN 55331 James B. Brenny 3509 W. Fuller Edina, MN 55424 Eugene D. Gravelle Rt. 4 Box 157 Mound, MN 55364 Harlan Koehnen Rt. 5 Box 264 Excelsior, MN 55331 Mr. Dick Pearson 7307 Frontier Trail Chanhassen, MN 55317 Mr. Roman Roos 8001 Cheyenne Ave. Chanhassen, MN 55317 Mr. Willard Johnson 1660 W. 63rd St. Excelsior, MN 55331 Audrey A. Jackson 434 North Traymore Covinca, CA rd - I -24- VARIANCE PETITION CASE NO. VAR.,'_ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant: Name: i Last Address: Owner Name: Address: ree Date of Application_- .2 -? 7 Fee Paid Date Received by Address of Property in question: I,egal description of property in question: Present zoning of property: - Present use of property: - Proposed use of property: _��- -25- le The following documents shall be attached to this application: Date Received Initial 1. Sketch plan 2. Abstractors Certificate 3. Pee 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 C2fiianhasse� for all C' expenses incurred in processing this 'I 11 o i J_elw_q! Slgnature (Following to be completed by Zoning Administrator or City official) CHRONOLOGY Public Bearing by Board of Ad ustments and Appeals Date By Board of Adjustments and'Appea s postponed to Adjacent property owners notified Application on Council A enda Council postponed to Council action -26- E BOARD OF ADJUSTMENT AND APPEALS on this day of , 19 , this variance action was recommended for (approval), isapproval for the following reasons: Chairman of Boar o -Adjustments and Appea 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: C ti y Administrator �`f52 9739 WILLIAM D. SCHOELL SCHOELL FSL 1WIAI)S®IV INC. CARLISLE MADSON REGISTERED CIVIL ENGINEER 1 REGISTERED LAND. SURVEYOR MINN. NO. 2265 ENGINEERS & SURVEYORS MINN. NO. 4376 50. DAK 755 SO NINTH AVENUE SOUTH SO. OAK. 751 W.S. NO. 6-6110 HOPKINS. MINNESOTA WIS. NO. 5-676 FLORIDA NO. 6271 PHONF. •tea IOWA NO. 3705 NO. OAK. 033 93&�7601 NO. OAK. 1100 MGNT. NO. 1616-5 CERTIFICATE OF SURVEY MONT. NO. 1 T4S-5 FOR: Mg.. LOw/S WO!? -Al -.LA HA W 7/-/ORNc-7 4S o.s 1 �- i 3 s:�/ea/ concr�fe sf�ucfvre m h i ell e1�1'z ' Z 90, i o- /,�enofes Aron Monurr�enj- I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lofs /999, /890, /891j /85'2 and 1993, CARVCq--BEACH. AND OF THE LOCATION OF ALL BUILDINGS, IF ANY. THEREON. AND ALL VISIBLE ENCROACHMENTS, IF ANY. FROM OR ON SAID LAND. 11//-- !! AS SURVEYED BY ME THIS 6/1/ DAY OF_ A�19UST 12 741. r / REGISTERED LAND SURVEYOR MARCO