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77-20 Variance 1869 through 1873 Carver Beach Plat Scanned Planning Filee CITY} 'JIM11 YaleNIZOWN' 7610 LAREDO DRIVE*P.O. BOX 147aCHANHASSEN, MINN ESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 2, 1979 TO: City Manager, Don Ashworth FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Imker Variance Request APPLICANT: Dwight Imker PLANNING CASE: P-432 Petition Mr. Imker is requesting single family residential building status for lots 1869-1873 of the Carver Beach Plat. The subject property contains 10,000 square feet wherein zoning ordinance 47 requires single family residences to have lots of 15,000 square feet. Comments City Council referred this item to the Planning Commission for con- sideration of dedication of Hawthorne Road which is platted along the frontage of the property. As shown in the attached Planning Commission minutes of June 27, 1979, the Planning Commission determined that the Carver Beach plan should be left as is wherein Hawthorne Road would not be planned for improvements and that the decision of recommendation on the variance should be determined by the Board of Adjustments and Appeals. The Board of Adjustments and Appeals considered the subject request at it's July 17, 1979, meeting and voted to recommend that:the City Council deny building status for the subject property on the basis that the Carver Beach Plan should be left in tact thus leaving the . subject property without frontage onan improved public street. There is one additional point of consideration which arose at the Board of Adjustments and Appeals meeting of July 17, 1979, which was not included in the minutes and is, that if building status was granted to the subject property, it would preclude continuing non-conformance of the property immediately south of the property with respect to lot area. I•lr. LUIl kISIIWUi.LII Recommendation Based upon the materials attached hereto, I recommend that the City Council uphold the findings of the Board of Adjustments and Appeals and deny buildable status for lots 1869-1873 of Carver Beach. Manager's Comments Similar to the McKinney variance request, Hawthorne presently has the status of an alley more so than a road. The Carver Beach Plan does not consider upgrading this and Hawthorne has been vacated for a distance of approximately 300 feet east of Nez Perce. From the color coded maps attached, it can be seen that the more logical usage of the property should be to have the proposed building lots split between the owner of the orange colored lots and dark green. This would assure that these lots were closer to square foot standards. This office believes that the request can be readily visualized if viewed by Council -members, i.e. the lot areas of both the existing home on 68th Street as well as the proposed building site are simply not sufficient to allow for the normal setback from Hawthorne, 30' rear yard for the new structure, and 30' rear yard for the existing structure. This office concurs with the recommendation of the Planning Commission and Planner in recommending denial. PLANNING REPORT DATE: TO: FRO14: SUBJ: C I T -�, F } 7610 LAREDO DRIVEaP.O. BOX 147®CHANHASSEN. M I NNESOTA55317 (612) 474-8885 July 13, 1979 Board of Adjustments and Appeals Assistant City Manager/Planner,.Bob Naibel Imker Variance Request PLANNING CASE: P-432 APPLICANT: Dwight Imker Petition Mr. Imker is requesting a variance to construct a house on a parcel of land containing 10,000 sq. feet. Chanhassen Zoning Ordinance 47 requires single-family residences to have lots of 15,000 sq. feet. Comments This particular request has been before the Board of Adjustments and Appeals in October of 1977, however, as found in the attached materials there was certain confusion which delayed this request until recently. The City Council at its June 4th, 1979 meeting, had directed the Planning Commission to review planning issues involved for the subject request i.e. the improvement of Hawthorne Rd. As shown in the attached planning com-nission minutes of June 27th, 1979, the Planning Commission moved to recommend that the Carver Beach Plan be left as is which stipulates that Hawthorne Rd., upon which the subject property abuts, not be improved as a public street. Recommendation Based upon the June 27th, 1979 planning report to the Planning Commission and Staff, and the action of the Planning Commission of that evening, I recommend that the subject request be denied. r BOARD OF ADJUSTMENTS AND APPEALS July 17, 1979 Public Hearing McKinney Variance Re uest Lots 812-817 of -Carver Beach: The Board of Adjustments and Appeals opened the public hearing at 7: 0 p.m. and the following persons were present: 1.Iillard Johnson, Dale Geving and Jerry Neher. Also present were: William Michelsen, 125 W. Ylinnehaha Pkwy., Mpls. John R. Michelsen, 8935 Nicollet Ave., Bloomington John F. Johnson, 6690 Laredo Drive Brian G. Evans, 6600 Nez Perce 34att Jacobs, 941 W. 67th St. Randy Imker, 810 W. 68th St. Anne Carlson, 981 W. 67th St. Sheldon Carlson, 981 W. 67th St. I4arilyn Myskevitz, 920 Glendale Drive The subject request was a determination of building status for the subject -;property which is 12,000 square feet in size. John F. Johnson, Brian G. Evans, Sheldon Carlson and 24arilyn 14yskevitz, all spoke in opposition to granting buildable status to the property, mainly because of inconsistency of character with the areas west of Nez Perce, and the potential of decreased property values to the existing structures. A motion was made by Jerry Neher and seconded by Dale Geving to deny the variance request of Kathleen McKinney for the reason that it be continued as an unbuildable lot according to the Carver Beach Guide Plan. Motion carried. Imker Variance Request, Reconsideration, Lots 1869-1873 Carver Beach: The following persons were present: "viillard Johnson, Dale Geving, Jerry Neher, Bob Waibel and Randy Imker, 810 w. 68th St. yx. Imker stated it was his fatherts intention to build a house on these lots. He stated if the street were let alone, and they were given permission to build there, they could talk to the surrounding owners and split the cost of taring_ it. I4r. Waibal stated that wouldn't necessarily support fire trucks, it needs a seven ton base. The existing house was there before the ordinance, Mr. Imker stated all this should have been said before his father purchased those lots, because then he would have purchased them. Mr. Waibel stated the Board of Adjustments and Appeals may have given a positive _recommendation, but on the application it does.say it is not final until the City Council takes action, and they never took final action on that. Dale Caving moved that the Imker variance request, Planning Case 432 be denied on the basis of the Carver Beach Plan which we feel should be left in tact and that the property does not abut a public street. Further, that we are in complete agreement with the June 27, 1979 Planning Report to the Planning Commission and staff and the action of the Planning Commission on that evening. Motion seconded by Jerry Ileher. I4otion carried. ITY'O F AI- r_ r � 8� I 7610 LAREDO DRIVE 0P.O. BOX 1470 CHANHASSEN. MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 27, 1979 TO: Planning Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Imker Variance Request APPLICANT: Dwight Imker PLANNING CASE: P-432 Mr. Imker is proposing to construct a single family residential structure on a parcel containing approximately 10,000 square feet located approximately 40 feet southwest of the intersection of Hawthorne Avenue and Mandan Road in the Carver Beach neighborhood. Traditionally this sort of request is handled by the Board of Adjustments and Appeals with recommendation to the City Council, however, there have been planning questions which arose from this case which appropriately need Planning Commission review. In October '. of 1977, the Board of Adjustments and Appeals voted to recommend that the City Council approve the request contingent to the Planner's recommendations of October 23, 1977. At the time at which this recommendation was formulated, it was believed that Hawthorne could be extended between Mandan and Nez Perce Avenue, however, further review of the area brought forth a staff opinion that Hawthorne Road be vacated on the westerly half between Nez Perce and Mandan and said vacation had taken place with the subdivision of the Anderson property northwest of the subject property. i The net effect of the vacation of the aforementioned portion of ' Hawthorne Road, has necessitated a cul-de-sac for service to the subject property wherein the applicant will not be able to meet the 110,000 square foot requirement due to the needed right of way for said cul-de-sac. The subject property was not assessed sewer and water units as per the Carver Beach public improvement project and was not deemed as buildable, however, as mentioned in the October, 1977 planning report, there is rater and sewer service to the residence directly across Hawthorne from the subject property. It is not exactly known at this time why the property was deemed unbuildable at the time of installing public improvements, but it probably was because of the lack of improved public street, the character of the -Planning Report ( -2 June_27, 1979 �ir majority of the properties -west of Mandan having 20,000 square feet per residence and that the 10,000 square foot assessment policy for the Carver Beach improvement project was not intended to create an overall 10,000 square foot eligibility for building, but only to apply to parcels along improved or planned to be improved public streets. Pursuant to the Carver Beach Plan, Hawthorne Road was not planned for improvements. Should the street and cul-de-sac improvement be put in to service the subject property, additional land would need to be acquired in order for the parcel to minimally have 10,000 square feet. It is apparent to this office, that no acquisitions can be made for this requirement without disturbing the present symmetry of ownership and development in the area. Recommendation Based upon the information contained in this report, I recommend that the Planning Commission deem the subject property unbuildable. 41 REGULAR FT SFiNING CO.__-IISSIOe 1EETI G Jung 27, 19 Page 13 Pat Swenson roved to recommend to the City Council that sufficient need has not been established, and therefore this EastpVest corridor should not be incorporate into the overall official map of the City of Chanhassen. Notion seconded by Gordon Freeburg. Voting in favor: Pat Sorenson, 'Valter Thompson, Gordon Freeburg and Clark !corn. opposed: Jerry Fieher and Roman Roos_ VARIAIICE REQUEST, MaGFIT DIKE:d, 6770 2•f11.`.tDAN CAR'rR . BEACH This request, as stated by the Assistant City Manager/Planner, cane up in 1977 for a variance request. This property is located about Ito ft. from the inter— section of Mandan Road. and Hawthorne Road in the Carver Beach area. Hr. Imker has purchased various properties to create a 10,000 sq. ft. parcel on which he wants to get a variance to build a single family structure on the property. Traditionally this sort of request is handled by the Board of Adjustments and 3�ppeals c,_' reco,-nandation to City Council irhich had been done in the past, 3n 1977. However there were planning questions which arose from this case which; needed planning c07'Mdss_o7 review. Based upon information that ?•.r. Waibel presented, he reco.—wended that the planning commission deem -the property. unbuildable. Mr. Im'ker answered various questions that the plan,•�ing co:r_missio;a asked him regarding the property. Clark horn moved that the Carver Beach Plan be left as is. i•Iotior_ seconded by Jerry F:eher and unanimously approved. This will no;; no bac'.K to the Board of Adjustments and Appeals. It was stated by the Assistant City _,anager.rlanner that the fee can be waived, it will probably be scheduled .for the next meeting of the Board of Adjust^+ents and Appeals on July- 17. SUBDIVISION L`JT_ C. BA:MWELL ACRES, 30BE' SO!EH 'r. Sosmer is requesting to subdivide the northerly three lots adjoininc Chas 'far Drive. Soe. stager d that he would like to just subdivide two lots, not three. i.r. ,,:.. ,_s far as the public hearing on .rater is concerned, he stated, he has a sale pending of one lot and the person indicates he would.prefer,public water, but he would build regardless. It was the reco7i—._ encatioof the Assistant City Mlanager/planner, that the planning con. -mission order a ;public hearing on the subject request with the full realization that any approvals be based upon the availability of municipal water and assessments paid as per the project assessment roll y. : " �^<�-^ c� �yxTif _ y vF r r:. „-,. A c cN '' ? 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O tl -0 _ A � -�G � n �tyY ''> ._ :� } j-i� O N N N N N • c y . vl1 �' � /oLl _ 'J fpl �'`•l' ] _ 6iZ2` N f. •1' � `1 N N �N N Ne. 1n 64I _ 9C9{ ao 'C _4S z_ t s^ >.. �� S$G _ SC81 - s 'SZE 6\••Z \. c6 CG41 _ 9Sz Q' yz r.-z _ `\ .. tpGz�"r� �' J": _ �,{jjr iSLi oC�. OZ_ZZ SS z_Z -S>Z I�?C ZDLz. _t_9_r-_Z _ � F iQ LOl 1869 i� t 1° LOT /8�O ' �o fo L0� to/l a�o .'a IS cP -; ' ' O f0 LOT IE72 o Cf� f CCU Z1 � Jo Do CC .31 01 >2)4 g�j U, V) WC CITY OF CHANHASSEN 7610 LAREDO DRIVEoP.O. BOX 147oCHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 2, 1979 TO: City Manager, Don Ashworth FROM: Assistant Manager/Planner, Bob Waibel ACW 6Y Goun s ftt�orse�f �� r' — Relp€t24}.,e.,....... SUBJ: Imker Variance Request C=C' APPLICANT: Dwight Imker PLANNING CASE: P-432 Po+i i-i nn Mr. Imker is requesting single-family;, residential building status for lots 1869-1873 of the Carver Beach Plat. The subject property contains 10,000 square feet wherein zoning ordinance 47 requires single family residences to have lots of 15'000 square feet. Comments City Council referred this item to the PI sideration of dedication of Hawthorne Roa frontage of the property. As shown in th minutes of June 2,7`1979, the Planning Co Carver Beach plan should be left3as -is ,wh not be planned for, improvements and that on the variance%tsh'ould'be determined by t Appeals. ning Commission for con - which is platted along the attached Planning Commission .ission determined that the ein Hawthorne Road would e decision of recommendation 'Boardl'of'Adj'ustments and The Board of Adjustments and Appealsrconsidered 'the subject request at it's July 17, 1979, meeting and voted to recommend that'.the City Council deny building status for'. the subject property on the basis that the Carver Beach Plan should, be left in tact thus leaving the subject property without frontage onan improved public street. There is one additional point of consideration which arose at the Board of Adjustments and Appeals meeting of July 17, 1979, which was not included in the minutes and is, that if building status was granted to the subject property, it would preclude continuing non -conformance - of the property immediately south of the property with respect to lot area. Mr. Don Ashworth -2- August 2, 1979 Recommendation Based upon the materials attached hereto, Council uphold the findings of the Board deny buildable status for lots 1869-1873 Manager's Comments I recommend that the City of Adjustments and Appeals and of Carver Beach. Similar to the McKinney variance request, Hawthorne presently has the status of an alley more so than a road. The Carver Beach Plan does not consider upgrading this and Hawthorne has been vacated for a distance of approximately 300 feet east of Nez Perce. From the color coded maps attached, it can be seen that the more logical usage of the property should be to have the proposed building lots split between the owner of the orange colored lots and dark green. This would assure that these lots were closer to square foot standards. This office believes that the request can be readily visualized if viewed by Council members, i.e. the lot areas of both the existing home on 68th Street as well as the proposed building site are simply not sufficient to allow for the normal setback from Hawthorne, 30' rear yard for the new structure, and 30' rear yard for the existing structure. This office concurs with the recommendation of the Planning Commission and Planner in recommending denial. CITY('_'OF CHANHASSEN \ . 7610 LAREDO DRIVEoP.O. BOX 147®CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: July 13, 1979 TO: Board of Adjustments and Appeals FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Imker Variance Request PLANNING CASE: P-432 APPLICANT: Dwight Imker Petition -Mr. Imker is requesting a variance to construct a house on a parcel of land containing 10,000 sq. feet. Chanhassen Zoning Ordinance 47 requires single-family residences to have lots of 15,000 sq. feet. Comments This particular request has been before the Board of Adjustments and Appeals in October of 1977, however, as found in the attached materials there was certain confusion which delayed this request until recently. The City Council at its June 4th, 1979 meeting, had directed the Planning Commission to review planning issues involved for the subject request i.e, the improvement of Hawthorne Rd. As shown in the attached planning commission minutes of June 27th, 1979, the Planning Commission moved to recommend that the Carver Beach Plan be left as is which stipulates that Hawthorne Rd., upon which the subject property abuts, not be improved as a public street. Recommendation Based upon the June 27th, 1979 planning report to the Planning Commission and Staff, and the action of the Planning Commission of that evening, I recommend that the subject request be denied. 'BOARD OF ADJUSTMENTS AND APPEALS July 17, 1979 Public Hearing McKinney Variance Request, Lots 812-817 of Carver Beach: The Board of Adjustments and Appeals opened the public hearing at 7: 0 p.m. and the following persons were present: Willard Johnson, Dale Geving and Jerry Neher. Also present were: William Michelsen, 125 W. Minnehaha Pkwy., Mpls. John R. Michelsen, 8935 Nicollet Ave., Bloomington John F. Johnson, 6690 Laredo Drive Brian G. Evans, 6600 Nez Perce Matt Jacobs, 941 W. 67th St. Randy Imker, 810 W. 68th St. Anne Carlson, 981 W. 67th St. Sheldon Carlson, 981 W. 67th St. Marilyn Myskevitz, 920 Glendale Drive The subject request was a determination of building status for the subject property which is 12,000 square feet in size. John F. Johnson, Brian G. Evans, Sheldon Carlson and Marilyn Myskevitz, all spoke in opposition to granting buildable status to the property, mainly because of inconsistency of character with the areas west of Nez Perce, and the potential of decreased property values to the existing structures. A motion was made by Jerry Neher and seconded by Dale Geving to deny the variance request of Kathleen McKinney for the reason that it be continued as an unbuildable lot according to the Carver Beach Guide Plan. Motion carried. Imker Variance Request, Reconsideration, Lots 1869-1873,_ Carver Beach: The following persons were present: hills" Johnson, Dale Geving, Jerry Neher, Bob Waibel and Randy Imker, 810 W. 68th St. Mr. Imker stated it was his father's intention to build a house on these lots. He stated if the street were let alone, and they were given permission to build there, they could talk to the surrounding owners and split the cost of taring it. Mr. Weibel stated that wouldn't necessarily support fire trucks, it needs a seven ton base. The existing house was there before the ordinance. Mr. Imker stated all this should have been said before his father purchased those lots, because then he would have purchased them. Mr. Weibel stated the Board of Adjustments and Appeals may have given a positive recommendation, but on the application it does say it is not final until the City Council takes action, and they never took final action on that. Dale Caving moved that the Imker variance request, Planning Case 432 be denied on the basis of the Carver Beach Plan which we feel should be left in tact and that the property does not abut a public street. Further, that we are in complete agreement with the June 27, 1979 Planning Report to the Planning Commission and staff and the action of the Planning Commission on that evening. Motion seconded by Jerry Neher. Motion carried. PLANNING REPORT 7610 LAREDO DRIVE®P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 DATE: June 27, 1979 TO: Planning.Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Imker Variance Request APPLICANT: Dwight Imker PLANNING CASE: P-432 Mr. Imker is proposing to construct a single family residential structure on a parcel containing approximately 10,000 square feet located approximately 40 feet southwest of the intersection of Hawthorne Avenue and Mandan Road in the Carver Beach neighborhood. Traditionally this sort of request is handled by the Board of Adjustments and Appeals with recommendation to the City Council, however, there have been planning questions which arose from this case which appropriately need Planning Commission review. In October of 1977, the Board of Adjustments and Appeals voted to recommend that the City Council approve the request contingent to the Planner's recommendations of October 23, 1977. At the time at which this recommendation was formulated, it was believed that Hawthorne could be extended between Mandan and Nez Perce Avenue, however, further review of the area brought forth a staff opinion that Hawthorne Road be vacated on the westerly half between Nez Perce and Mandan and said vacation had taken place with the subdivision of the Anderson property northwest of the subject property. The net effect of the vacation of the aforementioned portion of Hawthorne Road, has necessitated a cul-de-sac for service to the subject property wherein the applicant will not be able to meet the 10,000 square foot requirement due to the needed right of way for said cul-de-sac. The subject property was not assessed sewer and water units as per the Carver Beach public improvement project and was not deemed as buildable, however, as mentioned in the October, 1977 planning report, there is water and sewer service to the residence directly across Hawthorne from the subject property. It is not exactly known at this time why the property was deemed unbuildable at the time of installing public improvements, but it probably was because of the lack of improved public street, the character of the Planning Reportr -2 June 27, 1979 majority of the properties west of Mandan having 20,000 square feet per residence and that the 10,000 square foot assessment policy for the Carver Beach improvement project was not intended to create an overall 10,000 square foot eligibility for building, but only to apply to parcels along improved or planned to be improved public streets. Pursuant to the Carver Beach Plan, Hawthorne Road was not planned for improvements. Should the street and cul-de-sac improvement be put in to service the subject property, additional land would need to be acquired in order for the parcel to minimally have 10,000 square feet. It is apparent to this office, that no acquisitions can be made for this requirement without disturbing the present symmetry of ownership and development in the area. Recommendation Based upon the information contained in this report, I recommend that the Planning Commission deem the subject property unbuildable. REGULAR PLANNING CC:!1ISSION IMETING - June 27, 1974 Page 13 Pat Swenson moved to recommend to the City Council that sufficient need has not been established, and therefore this East/6dest corridor should not be incorporated into the overall official map of the City of Chanhassen. Hotion seconded by Gordon Freeburg. Voting in favor: Pat Swenson, Walter Thompson, Gordon Freeburg and Clark Horn. Opposed: Jerry Neher and Roman Roos. VARIANCE REQUEST, D,-LrGHT IPaM. 6770 14A]NDA112 CA1gVE2 BEACH This request, as stated by the Assistant City Manager/Planner, came up in 1977 for a variance request. This property is located about 40 ft. from the inter- section of Mandan -Road and Hawthorne Road in the Carver Beach area. IIr. Imker has purchased various properties to create a 10,000 sq. ft. parcel on which he wants to get a variance to build a single family structure on the property. Traditionally this sort of request is handled by the Board of Adjustments and Appeals zri th reco.rnendation to City Council which had ,been done in the past, in 1977. However there were planning questions 4fnich arose from this case which needed planning co::nission review. Based upon information that ?tr. Weibel presented, he reconended that the planning commission deem.the property unbuildable. ,1r. Imker answered various questions that the planning commission asked him regarding the property. Clark Horn moved that the Carver Beach Plan be left as is. Motion seconded by , Jerry Usher and unanimously approved. This will now go back to the Board of Adjustments and Appeals. It was stated by the Assistant City .anager/Plannner that the fee can be. waived, it will probably be scheduled for the next meeting of the Board of Adjustments and Appeals on July 17. SUBDIVISIO:i REQUES-, LOT C, BA2D7t:ELL ACRES, ROBERT SO'NER -.r. Sorer is requesting to subdivide the northerly three lots adjoining Ches Mar Dive. 1-r. S017L4er stated that he would like to just subdivide two lots, not three. As far as the public hearing on *rater is concerned, he stated, he has a sale pending of one lot and the person indicates he would.prefer public water, but he would build regardless. 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"yo�b9LL, \u song .�' „-:-PY--- .✓3i--_�",� •-.1Sr. y'�"'Y�. �^- 'Sh. 'CYO :c � v,. � � rp�u N. ;� m Q.:n e; � � �ogEt "� •, �.� •C• n � <= � � O O O J J O N f.�'�`y1^�p, 0.nOF 1 � � � U_ 9.m 9 'Y N N N N N rl N N tea^ n n% S o f l I` L '°"6c9� 3,3cN o.�v r _=9:1%��-_ Q .��f'z•—..¢-. 964I ,SLI.. 9991 4S2'. a� SSx: 3£Bi Zzz LSZz 60 ' "/. C6 y :a ZS I £F91 BS W _ZSbZ_ $/I Z£4i • _CZZZ_ST2Z 19LZ " C��: zSLt-'—IFdi 61z2' 4FZ2 —ObLI ja LOT /oo'o^- 1' /869 LOT 1870 �o o LOT 1071 G, o to ti LOT 1E72 %� DD (� LOT 1873cj- LFTI c �CC) N, Cf) zDo MAIVDAN —, � h ��thta��ii�3 q 22 CAq FIoj4R e�V p�Q2 4vR i0 um e c , 4 v2vv �yr Ra �pQ ytTV�-- =1�J4, t I ~� i � Q R b + ti c Izzy IT PLANNING REPORT 7610 LAREDO DRIVES P.O. BOX 1476CHANHASSEN, MINN ESOTA 55317 "T (612) 474-8885 DATE: July 13, 1979 TO: Board of Adjustments and Appeals FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: McKinney Variance Request APPLICANT: Kathleen F. McKinney PLANNING CASE: P-629 Petition The applicant is requesting a determination of building status for Lots 812-817 of Carver Beach. Subject property contains approximately 12,000 sq. ft. and Ordinance 47 requires that parcels in the R-1 Single Family District have 15,000 sq. ft. of lot area for building. Background 1. Community Location: As shown in enclosure 1, subject property is located approximately 70 feet east of the intersection of Summit Rd. and Glendale Rd. on the north side of Glendale Rd. (Both Summit Rd. and Glendale Rd. in the vicinity of the subject property are paper streets with no improvements.) 2. Existing Zoning: The subject property and its environs are presently zoned R-1 Single Family Residential District. 3. Utilities: The nearest gravity sewer to the subject property runs along the alignment of Summit Avenue, and the nearest water to the subject property runs along the alignment of Maple Rd. and Carver Beach Road. Comments As noted in the background section, the subject property fronts on a paper street that has not been improved as of yet. The following'factors come to play in reaching a decision on this item and are as follows: 1. The Carver Beach Plan indicates that Glendale Rd. is to become a BOARD OF ADJUSTMENTS AND APPEALS July 17, 1979 Public Hearing)McKinney Variance Re nest Lots 812-817 of Carver Beach: The Board of Adjustments and Appeals opened the public hearing at 7: 0 p.m. and the following persons were present: Willard Johnson, Dale Geving and Jerry Neher. Also present were: William Michelsen, 125 W. Minnehaha Pkwy„ Mpls. John R. Mi.chelsen, 8935 Nicollet Ave., Bloomington John F. Johnson, 6690 Laredo Drive Brian G. Evans, 6600 Nez Perce Matt Jacobs, 941 W. 67th St. Randy Imker, 810 W. 68th St. Anne Carlson, 981 W. 67th St, Sheldon Carlson, 981 W. 67th St. Marilyn Myskevitz, 920 Glendale Drive The subject request was a determination of building status for the subject property which is 12,000 square feet in size. John F. Johnson, Brian G. Evans, Sheldon Carlson and Marilyn Myskevitz, all spoke in opposition to granting buildable status to the property, mainly because of inconsistency of character with the areas west of Nez Peres, and the potential of decreased property values to the existing structures. A motion was made by Jerry Neher and seconded by Dale Geving to deny the variance request of Kathleen McKinney for the reason that it be continued as an unbuildable lot according to the Carver Beach Guide Plan. Motion carried. Imker Variance Request, Reconsideration, Lots 1869-1873, Carver Beach: The following persons were present: nllard Johnson, Dale Geving, Jerry Neher, Bob Weibel and Randy Imker, 810 W. 68th St. Mr, Imker stated it was his father's intention to build a house on these lots. He stated if the street were let alone, and they were given permission to build there, they could talk to the surrounding owners and split the cost of taring. it. Mr, rTaibel stated that wouldn't necessarily support fire trucks, it needs a seven ton base. The existing house was there before the ordinance. Mr. Imker stated all this should have been said before his father purchased those lots, because then he would have purchased them. Mr. Waibel stated the Board of Adjustments and Appeals may have given a positive recommendation, but on the application it does say it is not final until the City Council takes action, and they never took final action on that, Dale Geving moved that the Imker variance request, Planning Case 432 be denied on the basis of the Carver Beach Plan which we feel should be left in tact and that the property does not abut a public street. Further, that we are in complete agreement with the June 27, 1979 Planning Report to the Planning Commission and staff and the action of the Planning Cormpission on that evening. Motion seconded by Jerry Neher. Motion carried. TI F rq �a Q �STV~ �Wko m J J ae. ae. 7610 LAREDO DRIVE®P.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 1. MEMORANDUM /p TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: June 4, 1979 I SUBJ: Lot Area Variance, Dwight Imker, Hawthorne Street This item was incorrectly published showing the Cermak request (proposed to be scheduled for a special meeting on June 13, 1979) instead of this item. As such, no final action should be taken this evening. Regardless of whether such had been published or not, this office sees numerous issues which need to be resolved prior to consideration of the variance request itself - such being the reason that this item was not further considered when originally applied for in 1977. Specifically, Mr. Imker had requested a variance request in 1977 and had proceeded through the Board of Adjustments and Appeals on the lot area variance request. When the item was submitted to this office and reviewed by all staff members, it became apparent that the proposed variance, although representing a lot of 10,000 square feet, was: 1) fronting on an unimproved street, 2) it would be difficult to serve by public sewer and water, 3) that the Carver Beach Guide Plan recommended against houses facing.on Hawthorne, 4) that other divisions of property should be considered prior to proceeding with this proposal. No correspondence was found in city files shcwing that Mr. Imker was advised of the reasons this item was not submitted to the city council, nor has Mr. Imker asked city staff, since 1977, about the status of the item. In other words, it appears as though all parties simply dropped the issue. However, this does not negate the fact that these same issues still exist. I am enclosing documentation originally received from the assistant planner as well as original concerns outlined by this office. Various maps have additionally been included; however, it would appear as though the full impact of the proposal cannot be portrayed without reviewing the larger color coded property ownership records as prepared by Schoell and Madson. Although the city council may desire to review the attached sheets, I would propose that a verbal report be presented to the council where such could be seen through the color coded maps. It is the belief of this office that, after reviewing property ownership files, that this item should be forwarded to the Planning Commission to determine whether Hawthorne Street should be constructed as a public a, j'43 2,-ffOARD OF ADJUSTMENTS AND APPEALS July 17, 1979 Public Hearing McKinney Variance Re nest Lots 812-817 of Carver Beach: The Board of Adjustments and Appeals opened the public hearing at 7: 0 P.M. and the following persons were present: Willard Johnson, Dale Geving and Jerry Neher. Also present were: William Michelsen, 125 W. Minnehaha Pkwy., Mpls. John R. Michelsen, 8935 Nicollet Ave., Bloomington John F. Johnson, 6690 Laredo Drive Brian G. Evans, 6600 Nez Perce Matt Jacobs, 941 W. 67th St. Randy Imker, 810 W. 68th St. Anne Carlson, 981 W. 67th St. Sheldon Carlson, 981 W. 67th St. Marilyn Myskevitz, 920 Glendale Drive The subject request was a determination of building status for the subject property which is 12,000 square feet in size. John F. Johnson, Brian G. Evans, Sheldon Carlson and Marilyn Myskevitz, all spoke in opposition to granting buildable status to the property, mainly because of inconsistency of character with the areas west of Nez Perce, and the potential of decreased property values to the existing structures. A motion was made by Jerry Neher and seconded by Dale Geving to deny the variance request of Kathleen McKinney for the reason that it be continued as an unbuildable lot according to the Carver Beach Guide Plan. Motion carried. Imker Variance Request, Reconsideration, Lots 1869-1873, Carver Beach: The Following persons were present: Willard Johnson, Dale Geving, Jerry Neher, Bob Waibel and Randy Imker, 810 W. 68th St. Mr. Imker stated it was his father's intention to build a house on these lots. He stated if the street were let alone, and they were given permission to build there, they could talk to the surrounding owners and split the cost of taring. it. Mr. Waibel stated that wouldn?t necessarily support fire trucks, it needs a seven ton base. The existing house was there before the ordinance. Mr. Imker stated all this should have been said before his father purchased those lots, because then he would have purchased them. Mr. Waibel stated the Board of Adjustments and Appeals may have given a positive recommendation, but on the application it does say it is not final until the City Council takes action, and they never took final action on that. Dale Geving moved that the Imker variance request, Planning Case 432 be denied on the basis of the Carver Beach Plan which we feel should be left in tact and that the property does not abut a public street, Further, that we are in complete agreement with the June 27, 1979 Planning Report to the Planning Commission and staff and the action of the Planning Commission on that evening. Motion seconded by Jerry Neher. Motion carried. o to v �o „- / d 6 IL_ o o TAMARACK ROAD "'/i '.•�" \��Q jai ti I% ��-N ? ''l o � � P� ROAD v \` • oA Il off° o0' �. Iw> CARVER BEAC RD(Jumper Rd)i 7.9 \\ I^T I I 11 F1439.l- c IYV � ROAD ` � • '' I _ 40 fib t I fees O ycl O y�1 HAWTHORNE RD I \ l .41j W. 68TH ST (Grove Rood) g ' g - o7 't d Ik _ ° fogT� s 7610 LAREDO DRIVE+P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: July 13, 1979 TO: Board of Adjustments and Appeals FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Imker Variance Request PLANNING CASE: P-432 APPLICANT: Dwight Imker Petition Mr. Imker is requesting a var land containing 10,000 sq. £e single-family residences to h Comments e to',construct a house on a parcel of Chanhassen Zoning Ordinance 47 requires lots of 15,000 sq. feet. This particular request has been before th Appeals in October of 1977, however, as fc there was certain confusion which delayed The City Council at ;its June 4th, 1979 mee Planning Commission"to review planning iss request i.e. the -improvement of, Hawthorne:' planning commission minutes of June 27th,, moved to recommend' thaat'the'-Carver`Beach P Board of Adjustments and d in the attached materials is request until recently. ng, had directed the s involved for the subject . As shown in the attached 79, the Planning Commission n be; left' a`s� is which stipulates that Hawthorne Rd., upon which the subject property abuts, not be improved as a public street. Recommendation Based upon the June 27th, 1979 planning report to the Planning Commission and Staff, and the action of the Planning Commission of that evening, I recommend that the subject request be denied. CITY OF CHANHASSEN 7610 LAREDO DRIVE®P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 27, 1979 TO: Planning .Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Imker Variance Request APPLICANT: Dwight Imker PLANNING CASE: P-432 Mr. Imker is proposing to const#uctfia single family residential structure on a parcel containing approximately 10,000 square feet located approximately 40 feet southwest of the intersection of Hawthorne Avenue and Mandan Road in the Carver Beach neighborhood. Traditionally this sort of request is ha Adjustments and Appeals with recommenda however, there have been planning quest case which appropriately,need Planning C of 1977, the Board of Adjustments and Ap that the City Council^approve the reques recommendations of October 23, 1977. At recommendation was formulated. it was be could be extended -between`" further review;of.,the area Road be vacated!"on the'wes and said vacation had,take Anderson property northwes led by the Board of n to the City Council, s which arose from this mission review. In October als voted to recommend contingent to the Planner's he time at which this aVed that Hawthorne rce Avenue, however, rought forth -a; staff,9pinion that Hawthorne rly half between Nez`Per'ce<and Mandan place with the subdivision of the of, the subiect,prope-rty. The net effect of the vacation of the aforementioned portion of Hawthorne Road, has necessitated;a,'.cul-de-sac for service to the subject property wherein the applicant will not be able to meet the 10,000 square foot requirement due to the needed right of way for said cul-de-sac. The subject property was not assessed sewer and water units as per the Carver Beach public improvement project and was not deemed as buildable, however, as mentioned in the October, 1977 planning report, there is water and sewer service to the residence directly across Hawthorne from the subject property. It is not exactly known at this time why the property was deemed unbuildable at the time of installing public improvements, but it probably was because of the lack of improved public street, the character of the Planning Report -2- June 27, 1979 majority of the properties west of Mandan having 20,000 square feet per residence and that the 10,000 square foot assessment policy for the Carver Beach improvement project was not intended to create an overall 10,000 square foot eligibility for building, but only to apply to parcels along improved or planned to be improved public streets. Pursuant to the Carver Beach Plan, Hawthorne Road was not planned for improvements. Should the street and cul-de-sac improvement be put in to service the subject property, additional land would need to be acquired in order for the parcel to minimally have 10,000 square feet. It is apparent to this office, that no acquisitions can be made for this requirement without disturbing the present symmetry of ownership and development in the area. Recommendation Based upon the information contained in this report, I recommend that the Planning Commission deem the subject property unbuildable. v REGULAR PLANNING CO-vE-fISSION MEETIP:G - June 27, 1979 Page 13 Pat Swenson moved to recommend to the City Council that sufficient need has not been established, and therefore this East/West corridor should not be incorporated into the overall official map of the City of Chanhassen. Motion seconded by Gordon Freeburg. Voting in favor: Pat Swenson, Walter Thompson, Gordon Freeburg and Clark Horn. Opposed: Jerry Neher and Roman Roos. VARIANCE REQUEST, DIiIGHT IMKE_R, 6770 MANDAN, CARVER BEACH This request, as stated by the Assistant City Manager/Planner, came up in 1977 for a variance request. This property is located about 40 ft. from the inter- section of Mandan -Road and Hawthorne Road in the Carver Beach area. Mr. Imker has purchased various properties to create a 10,000 sq. ft. parcel on which he wants to get a variance to build a single family structure on the property. Traditionally this sort of request is handled by the Board of Adjustments and Appeals with recommendation to City Council which had been done in the past, in 1977. However there were planning questions which arose from this case which needed planning co -ma ssion review. Based upon information that Mr. Weibel presented, he reco mnended that the planning commission deem -the property unbuildable. Mr. Imker answered various questions that the planning commission asked him regarding the property. Clark Horn moved that the Carver Beach Plan be left as is. Motion seconded by Jerry Neher and unanimously approved. This will now go back to the Board of Adjustments and Appeals. It was stated by the Assistant City Manager/Planner that the fee can be waived, it will probably be scheduled for the next meeting of the Board of Adjustments and Appeals on July 17. SUBDIVISION REQUEST) LOT C, BARDr.ELL ACRES, ROBERT SOAuiER wr. Sorer is requesting to subdivide the northerly three lots adjoining Ches Mar Drive. Mr. Somuner stated that he would like to just subdivide two lots, not three. As far as the public hearing on water is concerned, he stated, he has a sale pending of one lot and the person indicates he would,prefer public water, but he would build regardless. It was the recommendation of the Assistant City Manager/Planner, that the _ planning commission order a public hearing on the subject request with the full realization that any approvals be based upon the availability of municipal water, and assessments paid as per the project assessment roll. Council Meeting Jun 4.1, 1979 -3- The following voted in favor: Council,men-Neveaux, Matthews; and Geving. Mayor Hobbs and Councilman Pearson voted no. Motion carried. LOT AREA VARIANCE, DWIGHT IMKER - CARVER BEACH: Mr. Imker is requesting a variance to construct a house on a parcel of land containing 10,000 square feet. The property fronts on Hawthorne Road which is unimproved. Council members discussed whether the street should be improved and sewer and water installed. Councilman Pearson moved to refer this item, Planning Case P-432, to the Planning Commission for.their review and recommendations. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews.. No negative votes. Motion carried. FINAL PLAT - CHANHASSEN LAKES BUSINESS PARK: Ed Dunn and Julius Smith were present. Councilman Matthews moved to place an access easement on Lot 9, Block 1 to serve Lots 8 - 10 per the Planning Commission recommendation. Motion seconded by Councilman.Neveaux. The following voted in favor: Councilmen Neveaux, Geving, and Matthews. Mayor Hobbs and Councilman Pearson voted no. Motion carried. Park Drive access onto State Highway.5 has been, approved by MnDOT subject to the developer moving the access east of the Lake Ann Park entrance. A revised plan of.that.area was presented. The Assistant City Manager/ Planner recommended that.when.new County Road 17 becomes functional, Park Drive be changed to.a.right-in/right-out access only. The Planning Commission recommended that the right-in/right-out access requirements for Park Drive be an item for future reconsideration. Councilman Pearson moved to.accept the recommendation of the Planning Commission as far as accession Park Drive. This will be reviewed within one year after County Road 17 is operational. Motion seconded by Councilman Neveaux. .The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. Councilman Neveaux moved to table action.on the.covenants and restrictions. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. Councilman Matthews moved to authorize the City Attorney to acquire the right-of-way .of the southerly section of County Road 17 (Outlot G) through the industrial.park area. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. RESOLUTION #79-35: Councilman. Neveaux moved the adoption of a resolution approving the revised preliminary plat contingent upon the developer coming to an agreement with the City on the covenants and the development contract and delivery of financial guarantees. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. "CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 1474CHANHASSEN, MINNESOTA 55317 (612) 474-8885 r MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: June 4, 1979 SUBJ: Lot Area Variance, Dwight Imker, Hawthorne Street This item was incorrectly published showing the Cermak request (proposed to be scheduled for a special meeting on June 13, 1979) ins.tead of this item. As such, no*final action should be taken this evening. Regardless of whether S'ueh had been published or not, this office sees numerous issues which need to be resolved prior to consideration of the variance request itself - such being the reason that this item was not furtherconsidered when originally applied for in 1977. Specifically, Mr. Imker had requested a variance request in 1977 and had proceeded through the Board of Adjustments and Appeals on the lot area variance request. when the item was submitted to this office and reviewed by all staff members, it became apparent that the proposed variance, although representing a lot of 10,,Ob0 square feet, was: 1) fronting on an unimproved street, 2) it`would be difficult to serve by public sewer and water, 3) that the Carver Beach Guide Plan recommended against houses facing on Hawthorne, 4) that other divisions of property should be considered prior to proceeding with this proposal. No correspondence was found in city files showing that Mr. Imker was advised of the reasons'this item was not submitted't6 the city''council, nor has Mr. Imker asked city staff, since 1977, about the status of the item. In other words it ap pears as though all parties simply dropped the issue. However, this does not'negate the fact that these same issues still exist. I am enclosing documentation originally received from the assistant planner as well as original concerns outlined by this office. Various maps have additionally been included; however, it would appear as though the full impact of the proposal cannot be portrayed without reviewing the larger color coded property ownership records as prepared by Schoell and Madson. Although the city council may desire to review the attached sheets, I would propose that a verbal report be presented to the council where such could be seen through the color coded maps. It is the belief of this office that, after reviewing property ownership files, that this item should be forwarded to the Planning Commission to determine whether Hawthorne Street should be constructed as a public Maio r and Council -2- June 4, 1979 street, how such could be accomplished, and review potential property ownerships which could benefit from such. CITY"OF 4 T I TA Num 7610 LAREDO DRIVE®P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel DATE: October 23, 1977 SUBJ: Lot Area Variance PLANNING CASE: P-432 APPLICANT: Dwight Imker Petition: Mr. Imker is requesting a variance to construct a house on a parcel of land containing 10,000 square feet. Chanhassen Zoning Ordinance 47 requires single family residences to have lots 15,000 square feet in area. Background: 1. Community Location: As shown in enclosure 1, the subject property is located on Hawthorne Road, 70 feet west 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: Presently the 'subject property is served by municipal sanitary sewer and water. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the Chanhassen Comprehensive Plan, this area is to assume and maintain a low density residential identity. b. Transportation: At the present time, Hawthorne Road, which fronts the subject property, is an improved public street with a gravel surface. Pursuant to the Comprehensive Plan and the Carver Beach Plan, Hawthorne Road is to function as an access road. �m Mr. Don Ashworth -2- October 25, 1977 Planner's Comments 1. Lots 1873 and 1972 (606DO) of the subject property are part of a sewer and water unit assessment with lots 1883 to 1886 immediately south of the subject property. The remainder of the subject property, lots 1896 to 1971, (605DO), have received an area assessment of $300. The packaging of the subject property as proposed would create a more suitable condition for a buildable site, albeit minimal in lot area size. 2. Presently Mr. Imker owns lots 1894 to 1898, and lots 1887 and 1888 (610DO) that front on Mandan Drive and West 68th Street. His intentions are to purchase 606DO and 605DO and the resulting package will place 30,040 square feet of contigious property under Mr. Imker's ownership. This area of 30,040 square feet presently has two dwellings on it. Ordinance 47 requires 15,000 square feet of lot area for single family residences, however, the base increment for unit assessments in the Carver Beach improvement project was 10,000 square feet. Since part of the proposed package, 605DO, did not have a unit assessment placed on it, the applicant should be required to demonstrate inability to acquire adjacent land in order to increase the overall area for accomodating the proposed third dwelling. As of this time, staff has not received indications of Mr. Imker's ability to acquire said adjacent land. 3. 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 landowner unable to acquire adjacent land so as to approach or meet the dimensional standards of the zoning ordinance? c. Will the proposal alter the essential character of the area? d. Is the proposal in conformance with the spirit and intent of the zoning ordinance and the Carver Beach Plan? 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. Planner's Recommendation I recommend that the Board of Adjustments and Appeals and City Council favor this request contingent upon the following conditions: a. The applicant can satisfactorily demonstrate inability to acquire adjacent land in order to approach or attain the minimum residential area required by ordinance. Mr. Don Ashworth -3- October 25, 1977 b. That the applicant resubmit a sketch plan that repositions the proposed dwelling closer to either side yard so as to facilitate any future addition of a double garage to the dwelling. C. That the applicant agrees to shift the property line of 610DO twenty (20) feet to the East so as to include lot 1887 with what is presently 606DO and thus making three parcels maintaining a minimal 10,000 square feet each. Board of Adjustments and Appeals: The Board of Adjustments and Appeals held a public hearing at the site on October 20, 1977, and voted to recommend that the City Council approve the request contingent to the Planner's recommendations. At the hearing, the applicant's ability to acquire adjacent property was discussed in light of the present settlement patterns of the adjacent properties. It was agreed to by the Board of Adjustments and Appeals that further acquisition on the part of the applicant was deemed inappropriate. Since the public hearing, the applicant has submitted a new sketch plan that takes into account the requirements of the planner's recommendation (b). jN �- j® LQl 1869 jQ la LOT 1870 24`� Z �O �tQ ° LOT 187/ o%s;la �'. �o o /om J to is LOT 1872 �s• LOT 1873 O E DO W MANDAN v �Y„ �oCA) jcago Vey Z R � of@v VNs' :k :0. !� Q k � QQ2= g v� �e Z Q hhJLAJ i m / I ;`� it-waE R/ II At J /r• b M E 0 4 O .d Q "17 t , 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_20�__1977 at 6:30 p.m. at the site - 809 Hawthorne Road in Carver Beach All interested persons may appear and be heard at said time and place. APPLICANT: Dwight Imker PLANS: P ses to construct a sin le family home on a parcel containing 10 000 square feet. C7t Ordinances require ther there be 15,000 square feet per parcel All interested persons may appear and be heard at said time and place IL Of r l � 7610 LAREDO DRIVE®P.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 17, 1979 SUBJ: ��ci 2i oN�7 Lot Area Variance, 809 Hawthorne, Dwight Imker This item was scheduled as a pa meeting. Mr. Imker was present to September 17th. Staff knows the presentation of materials o. I resubmit the same information" Additionally, as this office is` have occurred between staff mem; re resentat4 th' of the August 4, 1979, city council d requested that the item be tabled no issues that have changed since ugust 4, 1979, and, accordingly, ,presented at that time. aware of any communications which s''and Mr. Imker and/or his legal p ive, is office assumes that should legal points or other factual information be presented on September 17th, that city staff will be provided an opportunity to make written response - if necessar CITY OF 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Board of Adjustments and Appeals FROM: Assistant City Planner, Bob Waibel DATE: October 17, 1977 SUBJ: Lot Area Variance PLANNING CASE: P-432 APPLICANT: Dwight Imker Petition: Mr. Imker is requesting a variance to construct a house on a parcel of land containing 10,000 square feet. Chanhassen Zoning Ordinance 47 requires single family residences to have lots 15,000 square feet in area. Background: 1. Community Location: As shown in 'enclosure 1, the subject property is located on Hawthorne Road, 70 ''feet west 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 familyresidentialdistrict. 3. Utilities': Presently the subject property is served by municipal sanitary sewer and water. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the Chanhassen Comprehensive Plan, this area is to assume and maintain a low density residential identity. b. Transportation: At the present time,, Hawthorne Road, which fronts the subject property, is an improved public street with a gravel surface. Pursuant to the Comprehensive Plan and the Carver Beach Plan, Hawthorne Road is to function as an access road. Board of Adjustment and Appeals -2- October 1.7, 1977 Planner's Comments 1. Lots 1873 and 1872 (606D0) of the subject property are part of a sewer and water unit assessment with lots 1883 to 1886 immediately south of the subject property. The remainder of the subject property, lots 1896 to 1971, (605DO), have received an area assessment of $300. The packaging of the subject property as proposed would create a more suitable condition for a buildable site, albeit minimal in lot area size. 2. Presenting Mr. Imker owns lots 1894 to 1898, and lots 1887 and 1888 (610DO) that front on Mandan Drive and West 68th Street. His intentions are to purchase 606DO and 605DO and the resulting package will place 30,040 square feet of contigious property under Mr. Imker's ownership. This area of 30,040 square feet presently has two dwellings on it. Ordinance 47 requires 15,000 square feet of lot area for single family residences, however, the base increment for unit assessments in the Carver Beach improvement project was 10,000 square feet. Since part of the proposed package, 605DO, did not have a unit assessment placed on it, the applicant should be required to demonstrate inability to acquire adjacent land in order to increase the overall area for accomodating the proposed third dwelling. As of this time, staff has not received indications of Mr. Imker's ability to acquire said adjacent land. 3. 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 landowner unable to acquire adjacent land so as to approach or meet the dimensional standards of the zoning ordinance? C. Is the landowner unable to acquire adjacent land so as to approach or 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 and the Carver Beach Plan? 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. Planner's Recommendation I recommend that the Board of Adjustments and Appeals favor this request upon the following conditions: a. The applicant can satisfactorily demonstrate inability to acquire adjacent land in order to approach or attain the minimum residential area required by ordinance. �3. Board of Adjustment. and Appeals -3- October 17, 1977 b. That the applicant resubmit a sketch plan that repositions the proposed dwelling closer to either side yard so as to facilitate any future addition of a double garage to the dwelling. C. That the applicant agrees to shift the property line of 610DO twenty (20) feet to the East so as to include lot 1887 with what is presently 606DO and thus making three parcels maintaining a minimal 10,000 square feet each. - 7610 LAREDO DRIVEoP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 May 17, 1979 Mr. Dwight Imker 6790 Mandan Excelsior, M14 55331 Dear Imker Your application for a variance petition was received by this office. Unfortunately, given the';length of the City Council agenda, this item could not be considered for the May 21, 1979, agenda. I am anticipating that this item will be placed on the June 4, 1979, agenda. I would suggest that you review "Karen's Corner", as printed in the May 30th edition of the Carver County Herald, for the approximate time of this item. Thank you for your consideration. Sincerely, DonCs rth City Manager DA:k -ze- BOARD OF ADJUSTMENT AND APPEALS On this day of , 19 , this variance action was recommended for (approval), sapproval for the following reasons: Chairman p oard df A4justments 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: -City Administrator Trunk Sewer Unit 458.00 ClCe ! C� Trrlc Water Unit 544.00 IMPT'T. DES(SEI'IFR AH WATER N07S-� _CODE BEGINNING DATtn—n I -75 RECORDING DATA -QI —77 INT. RATE7 .5Q NO. OF IF9.- _ . YEAR PAYABLE AMOUNT MEMO PRINCIPAL INTEREST BALANCE 1977 828.24 , 344.20 484.04 5163 "(]4 1 2 4818.80 5 1978 70 62 44 vu 344.20 258.16 3097.80 1983 576:54 344.20 232.34 2753.60 1984 5yy50 7yy2y�, 344.20 206.#5y2 L 4Q.La s15* S; ry2409.40 4 r .. ... 19 1989 421.•64 344.• 20 IU.� • 77.44 688.40 14 1990 395.84 344.20 51.64 344.20 1T ; J• 19 20 21 - ........ .., 21 23 25 26 27 2'1 51 22 -- suvvougne SPECIAL ASSESSMENT UU-Ixif l�xNSU VILLAGE OF CHANHASSEN 6:L 'DO ( ever Beach 1894/1898; X887/1888 Dwight E. & A. Imker 6790 Mandan Sewer Lateral. 21675.Oq 1 Water Lateral 1,486.00 Trunk Sewer Unit 458.00 !/ Trunk Water Unit 544.00 IMPT'T. DEsc$.EWER AND WATER No.75--/2 CODE BEGINNING DATIO-01 -75 RECORDING DATE! -01 -77 INT. RATE7-,5St_NO. OF IA, YEAR PAYABLE AMOUNT MEMO PRINCIPAL INTEREST BA 5163 2 1977 828.24 344.20 484.04 i ( 3 1978 705.62 344.20 361.42 4474.6E 194Vq e 1983 576.54 344.20 232.34 2753.6( 9 1984 550.72 344.20 206.52 2409.4( iQ'+4 + 1z 13 1989 421.64 344.20 77.44 688.4( " 1990 395.84 344.20 51.64 344.2( Is, L 20 21 23 (00 ". 24 2s 26 27 29 i za 0r 31 32 Bunoougna SPECIAL ASSESSMENT VILLAGE OF CHANHASSEN 6/ �� DO P •ver Beach 1869/1871 Floyd L. Osmundson. Jr. Area Assessment 300.00 SEWER AND WATER 75-2 IMPT'T. DESC. NO. CODE 10-01-75 1-01-77 7.50 BEGINNING DATE RECORDING DATE INT. RATE NO. OF YRE YEAR PAYABLE gM 00NT MEMO PRINCIPAL INTEREST BA 1977 48.14 20.00 28.14 1978 41.00 20.00 21.00 260.( 1 20rQ�y0 -00(� t,t p0 �160.( 1983 33.50�20.00 13.50 ° 1984 32.00 20.00 12.00 `140.( 9 2 00 10.50 120.( 11 c:7�4CC�i� 12 O . 26.00' .... �.20,'W �l0 13 1989 24.50 . 14 1990 23.00 20.00 3.00 20.( 16 1991 21.50 20.00 1.50 .( 1e - 1t ¢s r 19 20 21 24 j 26 26 27 7A '` s: 29 r 30 31 32 Horvougho msixu;iwns. SPECIAL ASSESSMENT VILLAGE OF CHANHASSEN ,o LOT 1869 10 LOT 187 % C)! I° 1 © LO/ /8 LOT �T ` o LOT 1873 cn F- ---D COo �� o �� MANDAN 1- j - I 0 � �� OD MANDAN i LOT0 �o !� LOT _ I 1869 i jo1 o LOl is j. �2 �a LOT lS 2� -- o LOT 873 i MAND% N `t Dwight Imker Variance Request City Manager's Recommendation This office is concerned that any decision made on this variance request will significantly affect the city's ability to provide public improvements on Hawthorne. Specifically, the corner lots at the .intersection of Hawthorne and and Hawthorne and yJpNDN.✓ were assessed str etO, sewer and water assessment) as a part of the Carver Beach.Aa Therefore, except for � of the side yard frontage for paved streets, these four lots would not be assessed for sewer and water if such were installedJgi_Uawtizarne. Additionally, the lot across the street from the 19� �n, h" been assessed for water and sewer. However, the sanitary sewer has not been extended past this lot and water service is via a one inch service line ^'� �'-^ h " d3 W, rrJrJ }ft d� If water service were to be provided to this lot, this office would anticipate that such would be from a one inch service additionally running from v,ipy Nj) and sanitary sewer would be obtained from the existing line. For this sewer to further service properties on Hawthorne, an extension of the main would be required and public water should be installed from Al6��l�et to w�),v j�aN Without these improvements being made at this time, sewer and water service would not be available to any additional lots on Hawthorne. In other words, Ot city council action to approve this variance request would be acting to deny any additional building requests on Hawthorne or to significantly increa,ser' the cost of providing services to such lots. city council should be commended for the initiative taken in insuring that lots in Carver Beach area were adequately served with sanitary sewer, water, and street improvements. Allowing this variance without considering the necessity for an improv6duat street appears opposite to the affirmative actions taken by the Council to date. Additionally, it may be found that Hawthorne should not be extended from LZ Ps'FZ� to z(/G,/AJ ( the Carver Beach Plan does not address whether the road should be through or whether it should be deleted). If the road is not to be constructed from to a road would be required to serve the three properties on th south? end of Hawthorne. If this were the case, the city would be 1 another street with no means to cul-de-sac such. The city has several examples of streets that presently dead end without turn around provisions and such make snow plowing, street maintenance and general public travel forced into turning around on private property. This office cannot recommend that another such road be created. If it should be determined that Hawthorne of be continued as a through street from e4rge, to �� p„Y7 ,as a condition of a variance request, the applicantntshould be required to furnish the additional right of way required to make a turn around at the end of t4" lot. A rough sketch plan has been prepared showing that such would not require movement of the buildings as proposed by the applicant. In summation, it does not appear as though the city is in a position to determine what water, street and sewer improvements should be made C(t on Hawthorne and, as such, it is premature to grant the variance as requested. This office would recommend that action on the variance request be tabled until the applicant contacts owners ad-� to khex Ow" r- Hawthorne to determine whether a t cf Should t^_e aprlicanfind that other owners desire ,. --t 'mprovement5t r x Qrt s 'would be willing to pay the posts of extending public services, the city council would then be in a position to either order the ulic' hearing or to determine that no public improvements would be ex en ed beyond the lot in question. 0 4L-) tlL @.S :. ei ✓✓ fu c. c,L. /ro✓c.va-.J�'J LOl 1869 \. is �- �` --- !� LOT 1870 Io � � N �o !o LOT is XQYro I0 LOT l8 2 o LOT 1873 N - 4 UCf) ---i "- I F- I ` Ico IF-rj Q0 n Q) MA1DAN -24- VARIANCE llr-'1'ITION CASE NO. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR, CONSIDERATION OF PLANNING REQUEST Date of Application �t t 12»1`7 Fee Paid 0= Date Received b !E�) Applicant: Name: Last First Initial Address:47 90 MANbAN Xg-E-LS I it M !J , S`53 3 l Number and Street City State Zip Code �N6 , i.WMaL LARAA Lu,jor Owne Na .- 4'p �.. �SuND N Ni2 i111�a.L�A1tr . �ri{tANl�9��Y� Last '- First Initi O W. lre�' ':t. GLSTdR'1 ri1� 3® Addr . j�-8,31211A Ve. No. B K G N MiW mlya S`Y 3 Number and Street City State Zip Code Address of Property in question: ( —.4 TNT AI ,Mb Legal description of property in question:: g Present zoning oL property: Present use Of proporty: Va< 1 "Cj — _r Proposed use of property: Stfs -- -25- 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 Chanhassen for all City expenses incurred in processing this Slc�iE-illzic-Aud e of Applicant Az Signature o Owner Date "_------- Receivedby Title Date (Following to be completed by Zoning Administrator or City official) i CHRONOLOGY 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 m loo2o" 1 is LOT 1869) io LOT 1870' ° col IQ LOT l87/ Q o a/ o LOT 1872//� a I - � - Coro �3 _ � a LOT 187—— I o �! n ,ZOO (j) JF:� CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER DON ASHWORTH being first duly sworn, on oath deposes and says that he is and was on October 10 19 77 , 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 Variance request for Dwight Imker 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 thereon; 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 otner appropriate records. City Manager Subscribed and sworn to before me this day of - , 1974. 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 Thursday , October 20, 1977 at 6:30 p.m. at the site - 809 Hawthorne Road in Carver Beach All interested persons may appear and be heard at said time and place. APPLICANT: Dwight Imker PLANS: Proposes to construct a single family home on a parcel containing 10,000 _square feet. City Ordinances require ther there be 15,000 square feet per parcel. All interested persons may appear and be heard at said time and place. Mr. Donald Anderson Mr. Robert Moore James Wager 2851 Washta Bay Road 6781 Mandan 834 Forest Rd. Excelsior, MN 55331 Excelsior, DPI 55331 Excelsior, MN 55331 First Guaranty Corp. Lydia Swanson 7035 Wayzata Blvd. 824 Forest Road Minneapolis, M 55426 Excelsior, MN 55331 Eugene D. Granelle Mrs. Harriet Norum Arnold Madsen Rt. 4 Box 157 Rt. 7 Box 674 4125 Toledo Ave. Mound, MN 55364 Excelsior, MN 55331 Minneapolis, MN M.B. Hagen Realty Mr. William H. Smith Oscar Olson 1014 Excelsior Ave. West 12 West 39th Street 410 Laymen Lane Hopkins, MN 55343 Minneapolis, MN Minneapolis, MN Mr. John L. Story Mr. Nick Zeimes C.A. MacLeod 6795 Nez Perce Rt. 3 745 West 68th Street Excelsior, M 55331 Annandale, DPI Excelsior, MN 55331 Mr. John Brieitner Mr. Richard Raiche Toddy Sparrman 6789 Mandan Ave. 2308 Huntington Point Rd. E. Rt. 7 West 68th Street Excelsior, M 55331 Wayzata, MN 55391 Excelsior, M 55331 Floyd Osmundson Jr. Ms. Joyce Moore Mr. Richard Pearson 5517 83rd Ave. No. 845 W. 68th Street - 7307 Frontier Trail Brooklyn Park, MN Excelsior, MN 55331 Chanhassen, MN _ 55317 55443 Gene Lunde Mr. Daniel Lewis & Christine Mr. Doman Roos 810 W. 68th Street Welsh 8001 Cheyenne Ave. Excelsior, MN 55331 825 West 68th Street Chanhassen, MN 55317 Excelsior, DPI 55331 Dwight Imker George Maudeen Mr. Willard Johnson 6790 Mandan 2370 Edgewater Terrace - 1660 West 63rd St. Excelsior, MN 55331 Los Angeles, CA Excelsior, DPI 55331 Lewis Woitalla Mr. Edward Wiest 6740 Powers Blvd. 2723 Russell Ave No. Excelsior, M 55331 Minneapolis, M Mr. Harlan Koehnen Mr. Frank Mitchell Rt. 5 Box 264 325 S. 1st Apt. B Excelsior, Ki 55331 Las Vegas, NV 89101 ++ Q ' q �6IL j`b �+�►� ��O �� . 11 �`��ne� TAMARACK ROAD j S vo ROADco lb a 1 FOp c 03 RDWarnper Rd)W 9 CARVER BEAC 40 143- I +mI •�I � � I ' Jam`' ' I ai AO / .1 . I1. ' 1' olI _,. 41 ROAD c 1VY 3) f,4 s1 n 1 Ao,n,\�' q'9\`96 I 19 O i $1�� d ISO, 0 j, lie \ HAWTHORNE RD Iasi /'1. \ )'iy r, 7t. ;J ` �'' (Grove Road) �9 0 t I Isla ST '\ i O y+" Id I I , : C .. - i ' t�ry� ' Bit g•t „ �'� �. � 1 o W. ul F OREST ;ROAD v 1 00 ELM R AD n� �/ City Manager's Recommendation This office is concerned that any decision made on this variance request will significantly effect the city's ability to provide public improvements on Hawthorne. specifically, the corner lots at the intersection of Hawthorne and Nez Perce and Hawthorne and Mandan were assessed street, sewer and water assessments as a part of the Carver Beach Project. Therefore, except for # of the side yard frontage for paved streets, these four lots would not be assessed for sewer and water if such were installed in Hawthorne. Additionally, the lot across the street from the applicant has been assessed for water and sewer. However, the sanitary sewer has not been extended past this lot and water service is via a one inch service line from Mandan. If water service were to be provided to this lot, this office would anticipate that such would be from a one inch service additionally running from Mandan and sanitary sewer would be obtained from the existing line. For this sewer to further serve properties on Hawthorne, an extension of the main would be required and public water should be installed from Nez Perce to Mandan. Without these improvements being made at this time, sewer and water service would not be available to any additional lots on Hawthorne. In other words, city council action to approve this variance request would be acting to deny any additional building requests on Hawthorne or to significantly increase the cost of providing services to such lots. The city council should be commended for the initiative taken in insuring that lots in Carver Beach area were adequately served with sanitary sewer, water, and street improvements. Allowing this variance without considering the necessity for an improved street appears opposite to the affirmative actions taken by the Council to date. Additionally, it may be found that Hawthorne should not be extended from Nez,Perce to Mandan (the Carver Beach Plan does not address whether the road should be through or whether it should be dele.ted). If the road is not to be constructed from Nez Perce to Mandan a road would be required to serve the three properties on the east end of Hawthorne. If this were the case, the city would be left with another street with no means to cul-de-sac such. The city has several examples of streets that presently dead end without turn around provisions and such make snow plowing, street maintenance and general public travel forced into turning around on private property. This office cannot recommend that another such road be created. If it should be determined that Hawthorne not be continued as a through street from Nez Perce to Mandan, as a condition of a variance request, the applicant should be required to furnish the additional right of way required to make a turn around at the end of his lot. A rough sketch plan has been prepared showing that such would not require movement of the buildings as proposed by the applicant. This office would recommend that this iiem.be referred to the Planning Commission for their consideration and recommendations. 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