77-21 Variance 195 Pleasant View Rd Planning File�P. CITY OF it
CHANHASSEN
\ _ 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: November 14, 1977
TO: Don Ashworth, City Manager
FROM: Assistant City Planner, Bob Waibel
SUBJ: Request for Side Yard Setback Variances a
Road, Steven Murphy
Petition
t 195 Pleasan ie�
Mr. Murphy is proposing to construct additions to the existing garage and
house by extending along the alignment of the present side yard setbacks
of 3 feet for the house and 2 feet for the garage. Chanhassen zoning
ordinance 47 requires side yard setbacks of 10 feet for single family
residences.
Background
1. Community Location: As indicated in enclosure 1, the subject property
is located 1200 feet west of STH 101 on Pleasant View Road.
2. Present Zoning: The subject property and its environs are zoned R-1,
single family residential district, excepting the property 121 feet south
of the south property line of the subject property and the area immediately
north of the subject property across Pleasant View Road. These two
exceptions are zoned R-lA agricultural residential district. Pursuant to
the requirements of the R-1 district, the subject property is non -conforming
because of the following:
a. The subject property has 68 feet of frontage on a public street,
whereas 90 feet is required.
b. The sideyard setbacks of the house and garage are 3 feet and 2
feet respectively, whereas 10 feet is required.
3. Utilities: Sanitary sewer and water are in place and available to the
subject property. The subject property has been assessed one sewer and
water unit in response to public improvement project 75-10.
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,
Pleasant View Road (West 64th Street) is to function as a local street.
. _ '1
Mr. Don Ashworth -2- November 14, 1977
Planner's Comments
The Board of Adjustments and Appeals shall not recommend, and the
Council shall not grant a variance unless they find the following facts:
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 urider this ordinance for property in the zoning district
where the land which is the subject of the variance application is
located.
2. The dimensions of the subject property of 68' by 330' make this
parcel substantially narrow and elongated by present platting standards
and also non -conforming to the frontage requirements of the R-1 district.
3. The reasons cited by the petitioner for building onto the South
end of the existing house and the present placement of the bedrooms,
plumbing for the bathroom and kitchen, and an exterior chimney on the
East side of the house. There is approximately 27 feet of buildable
area between the East property line and the East wall of the existing
house.
4. A drainageway runs along the North edge of the proposed garage
additional and the access drive for the property lies immediately West
of the existing garage. The reasons expressed by the petitioner for
the proposed addition to the garage are preference to utilize the
land between the existing garage and the road rather than placing
it closer to the house and maintaining the garage facility as one
structure.
Board of Adjustments and Appeals Recommendation
The Board of Adjustments and Appeals held a public hearing on November
8, 1977, to accept neighborhood sentiment. No objections to the
proposal were presented. The Board voted to recommend that the City
Council grant the variance on the following conditions and reasons:
Mr. Don Ashworth -3- ^\ Noyembe;r 14, 1977
a). That the proposed construction follow the present setback
of the house and garage.
b). That the drainageway be kept open naturally or through
the installation of a culvert.
c). That the subject property substantially exceeds the minimum
lot size requirements.
d). That the proposed construction is considered a definite
improvement to the neighborhood.
Planner's Recommendation
From the information obtained and plans submitted to date, I feel that
grounds for hardship have not been proven for warranting approval of
this request. In this particular request, the applicant should be
encouraged to submit plans showing alternatives of construction that
would minimize the encroachment by maintaining the required side yard
setbacks. I subsequently recommend that this request be disapproved
on the grounds of the use of the side yard setbacks proposed...
Action by City Admintalrotor
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Board of Adjustment & Appeals
Nov. 8 1377
Will Johnson, Dick Pearson, and Roman Roos present.
Variance Request -Steven M. Murphy
Neighbors approve of building but asked that
natural water way be kept open some way.
A motion was made by Roman Roos seconded by Dick
Pearson to recommend city council to Grant the variance.,
Use existing set back on existing house and gargge.
Keep waterway open natural or culvert.
Above to:._is non -conforming large enough in footage.
Definitzimprovement to the neighbor hood.
All voted in favor.
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CITY OF C11ANIIASS EN
AtF1DAV44 OF MAILING NOTICE OF
PRELIMINARY IMPROVEMENT HEAKINIG
STATE OF MINNESOTA ).
)ss.
COUNi"Y CW CARVER' )
Don Ashworth , being first duly sworn, or, oat, i;,;pos6s
and says that he is and was on October 25 19 77
, the duly qu4lin4d
a:;d acting City Clerk -Administrator of the City of Chanhassen, MinnGSOta; tna, on
said datij he caused to be mailed a copy of the attached notice of hearing on a
Steven Murphy Variance Request imprOVc: :cia in
the City to.the owner Of -each parcel within the area proposed to be assessed fcr said
improvamant as sat forth in said notice, by enclosing a copy of said notice in an
anveiopa addressed to such owner, and depositing the envelopes addressed to all
own;!rs in the 'United States mails with postage fully prepaid thereon; that the nu:a s and
i;ddressas of such owners ware those appearing as such by the records of the County
Treasura{ of Carver County, Minnesota....and bv. other anurooriate records.. .
City Manager, Don Ashwc
Subscribed and sworn to
befora Ina this day
o 19
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 ,
November 8, 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: Steven M. Murphy
PLANS: The applicant is requesting side yard setback variances for
additions to the existing non -conforming residence and garage.
The additions as proposed will follow the setbacks of the
existing structures which are 2 feet 3 inches on the west
property line and 2 feet 3 inches on the east property line
for the house and garage respectively. Chanhassen Zoning
Ordinance 47 requires 10 feet side yard setbacks for single
family residences.
-24-
VAALANCR PETITIUN CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Applicant:
Name:
Last
Address:
Owner
Name:
Addre
Address of Property in question:
Date of Applicationu i7 -7
ee PaidDaLaF�Zp �
Received
First
Legal duscr.iption of property in question:
-12-47-
Present zoning of property: K —
Present use of property:
Proposed ust: of property: N
-25-
The following documents shall be attached to this application:
Date Received
1. Sketch plan
2, Abstractors Certificate
3. Pee paid
Initial
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
M
Received by `Pule Date
(Following to be completed by Zoning Administrator or City official)
i
Date By
Public I[eari.ng by
Board of Ad ustments and Appeals
Board of Adjustments and Appea s
postponed to
Adjacent property owners notified
A licaCion on Council A enda
Council postponed to
Council action
_26..
BOARD OF ADJUSTMENT AND APPEALS
On this day of , 19 , this variance
action was recommended for (approval) , sapprov—a—I--for the
following reasons:
Chairman of Boardof X4justments 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
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•Mr. C.F. McNutt
Pleasant View Road
Excelsior, MN 55331
Mr. A.E. Schroeder
175 Pleasant View Road
Excelsior, MN 55331
Mr. R.V. Nelson
135 Pleasant View Road
Excelsior, MN 55331
Mr. Steven Murphy
195 Pleasant View Road
Excelsior, MN 55331
Near Mountain Properties
5000 Wayzata Blvd.
Minneapolis, MN
Mr. Thomas Murphy
Rt. 4 Box 474
Excelsior, PAIN 55331
Mr. Richard Pearson
7307 Frontier Trail
Chanhassen, MN 55317
Mr. Roman Roos
8001 Cheyenne Ave.
Chanhassen, MN 55317
Mr. Willard Johnson
1660 West 63rd St.
Excelsior, MN 55331
N