77-23 Variance Lot 38 and 39 Shore Acres Addition Scanned Planning FileI
CITY OF ='
CHANHASSEN
7610 LAREDO DRIVEeP.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
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PLANNING REPORT
DATE: January 17, 1978
TO: City Manager, Don Ashworth
FROM: Assistant City Planner, Bob Waibel
Wion by Council:.
Endorsed__ `�
P,ejected
Cale 3
SUBJ: Front Yard Setback, Lot Area, and Highwater Setback Variance
Request for Lots 38 and 39 of the Shore Acres Addition.
APPLICANT: James B. Setzer
PLANNING CASE: P-461
Paf i i-i nn
Mr. Setzer is proposing to construct a house on Lots 38 and 39
utilizing the existing cabin on Lot 38.
Background
1. Community Location: As indicated in enclosure 1, the subject
property is located on the southwest shore of Lake Riley on Lake
Riley Blvd.
2. Existing Zoning: The subject property is zoned R-1. The 5.4 acre
parcel directly north of the subject property is zoned P-1. The
following requirements of the R-1 district and Shoreland Management
Ordinance are applicable to the subject property:
a). Minimum Lot Size:
b). Minimum Frontage:
20,000 square feet.
90 feet.
c). Minimum Side Yard Setback: 10 feet (a 15 foot permanent
utility easement extends 17' feet from the west property line of
Lot 39).
d). Minimum Front Yard Setback: 30 feet.
e). Minimum High Water Setback: 7'5 feet.
Board of Adjustment..
and Appeals
f2-
3. Existing and/or Proposed Dimensions:
December 19, 1977
a). Lot Area: Approximately 12,000 square feet.
b). Frontage: 100 feet.
d). Side Yard Setbacks: 10 feet to East property line and 22
feet to West property line.
d). Front Yard Setback: 21 feet.
e). High Water Setback: 67� feet from rear porch on existing
cabin and approximately 72� feet from proposed addition.
4. Utilities: Sanitary sewer, natural gas and electricity are presently
available or in the process of being installed to the subject property.
Municipal water is presently unavailable to the subject property.
5. Comprehensive Plan Proposals:
a). Land Use: Pursuant to the adopted city plan, the subject
property is to assume a low density single family residential identity
upon the installation of sanitary sewer.
b). Transportation: Although it is not explicitly stated in
the city's transportation plan, the city plan does allude to elimination
of inordinately long cul-de-sacs. Lake Riley Blvd. is approximately
a ' mile dead end street. A probable solution to this "substandard"
road would be eventual connecting of Lake Riley Blvd. to Kiowa in
Bandimere Heights.
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:
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 materially
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.
Board of Adjustme.I & Appeals -3- January 17, 1978
2. The Shore Acres Addition was created on July 6, 1951. The Shore
Acres Addition was incorporated into the City of Chanhassen in the
city -township merger in July, 1967. The city took over and accepted
Lake Riley Blvd. as a city street and maintained it since the merger.
The requirements of the R-1 Single Family Residential District, and
the Shoreland Management Ordinance were adopted on February 8, 1972
and July 19, 1977, respectively.
3. in the feasibility study stage of the Lake Riley improvement
project it was anticipated that this parcel would be assessed as
a developed parcel because of the existing cabin.
4. The proposed construction follows an East-West alignment which is
approximately 5 feet further from the high water mark at its closest
point, than the present encroachment of the existing rear porch.
5. The petitioner is proposing to utilize the existing cabin as a
garage.
6. The front yard setback of 21feet is a result of the proposed
construction of a storage area at the entrance to the proposed
structure. This storage area will be 6 feet in length and will
comprise 8.8% of the frontage of the structure. The remaining 62
feet of frontage would maintain a 23 foot setback from the street
right-of-way. I feel that the encroachment of this storage area is
minimal and no change of the petitioner's plans regarding said storage
area should be warranted.
7. I have received verbal approval of this request from Steve Preston
of the Minnesota Department of Natural Resources with respect to the
Shoreland Management Ordinance.
Planner's Recommendation
I recommend that the city council grant the variance on the following
grounds and conditions:
1. That the dimensions of the subject property are a product of
platting practices used prior to the adoption of the zoning ordinance
47 and the Shoreland Management Ordinance.
2. That in all likelihood, the subject property will be assessed a
full sewer unit as per the Lake Riley improvement project feasibility
study because there is an existing cabin on the property.
3. That no building permit be issued until the Lake Riley Sewer
Project is completed and operative.
�[�r� .-3 1-5?J
BOARD OF ADJUSTMENT AND APPEALS
DECEMBER 20, 1977
Will Johnson, Dick Pearson and Roman Roos Present.
Variance Request - James B. Setzer
Dick Pearson moved on planner's recommendation that City Council
grant variance, if within variance requirement of Shoreline
Management Act and no occupancy till city sewer is in operation.
Seconded by Roman Roos. All voted in favor. No other property
owners present.
Par a Request - Benjamin E. Swenson
Roman Roos recomme City Coun o grant variance following
planner's recommendation ".o completion of sewer to property
and to conformance of t oreline- _ ent Gw_,tandards. Seconded
by Will Johnson. voted in favor.
present.
adjourned 8:00 p.m.
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CITY OF
CHANHASSEN
7610 LAREDO DRIVE•P.O. BOX 1470CHANHASSEN, MINNESOTA 55317
W12) 474-8885
January 13, 1978
Cit-y of Eau Claire
Planning Department
City Hall
Eau Claire, Wisconsin 54701
•
i The Planning Commission of Chanhassen is currently revising
the City's landscaping plans and policies. As part of this
process, we are contacting certain cities that we believe
could provide us with the best reference information as to
how to implement optimal landscaping plans and policies.
We would be most appreciative of any information you could
send to us concerning this matter, along with any copying
costs involved.
Thank you.
Sincerely,
ABO�/- /'ib`
be 1
Assistant City Planner
BW:no
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINN ESOTA 55317
(612) 474-8885
December 21, 1977
Mr. William B. Nye
Commissioner of Natural Resources
3rd Floor Centennial Office Building
658 Cedar Street
St. Paul, MN 55155
Dear Mr. Nye:
Enclosed are copies of the two planner's reports for variance requests
to the Shoreland Management Ordinance on Lake Riley in Chanhassen. In-
advertently, the notices of public hearing forehearings to be held on
December 20, 1977, were not forwarded to your office. In view of this,
we are sending you our reports and will await your comments until Wed-
nesday, January 4, 1978.
In addition to the conditions and grounds for approval in the Planner's
Recommendation portion of the report, the following contingencies of
approval have been placed on these requests by the Board of Adjustments
and Appeals:
a). That approval not be granted until January 4, 1978 in anticipation of
comments from the Department of Natural Resources.
b). That occupancy of the subject property is prohibited until the Lake
Riley sewer system is operative.
Sincerely,
Robert Waibel
Assistant City Planner
lap
Enclosure
CITY OF
CHANHASSEN
7610 LAREDO DRIVEoP.O. BOX 147oCHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: December 19, 1977
TO: Board of Adjustments and Appeals
FROM: Assistant City Planner, Bob Waibel
SUBJ: Front Yard Setback, Lot Area, and Highwater Setback Variance
Reque,q.t for Lots 38 and 39 of the Shore Acres Addition.
APPLICANT: James B. Setzer
PLANNING CASE: P-461
Petition
Mr. Setzer is proposing to construct a house on Lots 38 and 39
utilizing the existing cabin on Lot 38.
Background
1. Community Location: As indicated in enclosure 1, the subject
property is located on the southwest shore of Lake Riley on Lake
Riley Blvd.
2. Existing Zoning: The subject property is zoned R-1. The 5.4 acre
parcel directly north of the subject property is zoned P-1. The
following requirements of the R-1 district and Shoreland Management
Ordinance are applicable to the subject property:
a). Minimum Lot Size:
b). Minimum Frontage:
20,000 square feet.
90 feet.
c). Minimum Side Yard Setback: 10 feet (a 15 foot permanent
utility easement extends 17: feet from the west property line of
Lot 39).
d). Minimum Front Yard Setback: 30 feet.
e). Minimum High Water Setback: 75 feet.
Board of Adjustment..
and Appeals -2 December 19, 1977
3. Existing and/or Proposed Dimensions:
a). Lot Area: Approximately 12,000 square feet.
b). Frontage: 100 feet.
d). Side Yard Setbacks: 10 feet to East property line and 22
feet to West property line.
d). Front Yard Setback: 23 feet.
e). High Water Setback: 672 feet from rear porch on existing
cabin and approximately 722 feet from proposed addition.
4. Utilities: Sanitary sewer, natural gas and electricity are presently
available or in the process of being installed to the subject property.
Municipal water is presently unavailable to the subject property.
5. Comprehensive Plan Proposals:
a). Land Use: Pursuant to the adopted city plan, the subject
property is to assume a low density single family residential identity
upon the installation of sanitary sewer.
b). Transportation: Although it is not explicitly stated in
the city's transportation plan, thecityplan does allude to elimination
of inordinately long cul-de-gacs. Lake Riley Blvd. is approximately
a 2 mile dead end street. A probable solution to this "substandard"
road would be eventual connecting of Lake Riley Blvd. to Kiowa in
Bandimere Heights.
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:
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 materially
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.
Board of Adjustment -
and Appeals -3- Decembe,r 19, 1977
2. The Shore Acres Addition was created on July 6, 1951. The Shore
Acres Addition was incorporated into the City of Chanhassen in the
city -township merger in July, 1967. The city took over and accepted
Lake Riley Blvd. as a city street and maintained it since the merger.
The requirements of the R-1 Single Family Residential District, and
the Shoreland Management Ordinance were adopted on February 8, 1972
and July 19, 1977, respectively.
3. In the feasibility study stage of the Lake Riley improvement
project it was anticipated that this parcel would be assessed as
a developed parcel.
4. The proposed construction follows an East-West alignment which is
approximately 5 feet further from the high water mark at its closest
point, than the present encroachment of the existing rear porch.
Planner's Recommendation
I recommend that the Board of Adjustments and Appeals recommend the
city council grant the variance on the following grounds and conditions:
1. That the dimensions of the subject property are a product
of platting practices used prior to the adoption of the zoning ordinance
47 and the Shoreland Management Ordinance.
2. That in all likelihood, the subject property will be assessed a
full sewer unit as per the Lake Riley improvement project feasibility
study because there is an existing cabin on the property.
ORDER NO_ __9351
WILLIAM 0. SCHOELL
REGISTERED CIVIL ENGINEER
MINK. No, .."
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TELS NO. •...•
SCHOELL 6 MAOSON, INC.
ENGINEERS & SURVEYORS
90 NINTH AVENUE SOUTH'
HOPKINS. MINNESOTA SSJ.J
PHONE 0J6 760,
DESCRIPTION
CITY OF CHANHASSEN
CARLISLE M.D901
REQISTEREO LAND SURVEYOR
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NO. OAK, II..
'0N1. NO. IT.].E
LAKE RILEY AREA SANITARY SEWER
8-15-77 13) A 30.00 foot temporary construction easement and a 15.00 foot
perpetual easement for sanitary sewer purposes over, under and across
S 112. Sec. 24 the following described property:
Torrens Lot 38, Shore Acres, according to the recorded plat thereof.
Cert. No.
6125 The center line of both easements is described as follows:
Beginning at a point on the northerly line of Lot 39 in said Shore
Acres distant 10.00 feet easterly from the northwest corner of said
Lot 39; thence on an assumed bearing of South 20 degrees 20 minutes
West, parallel with the westerly line of said Lot 39, a distance of
83.50 feet; thence South 66 degrees 31 minutes 30 seconds East a
distance of 189.98 feet and said center line there terminating.
Said temporary easement to expire December 31, 1978.
Paqe 13
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BJNh RM, BUN( RM LIVIA
....Is.,I
Design S 1488
720 Sq. Ft./8,518 Cu. Ft.
The kids won't be able to move into this vacation
retreat soon enough. And neither will the house-
wife whose housekeeping will be almost non-exis-
tent. A real leisure -time home.
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dJ��� nAwx <f >D'fky�3 p yr
N �� A second home with the informal living message read -
Design S 1462 In S ' v ily apparent both inside and out. The zoning of this
1,176 Sq. Ft. J 11,995 Cu, Ft. V L home is indeed most interesting — and practical, too.
Study the plan carefully.
i
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B'E] pp- LIVING
20^�20° "Y
Here's a perfect 28 foot square that will surely open
up new dimensions in living for its occupants. A fine,
lower budget version of S 1449 on opposing page.
Design S 1485
784 Sq. Ft./ 10, 192 Cu. Ft. 173
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 December 9 , 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 James Setzer
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.
Subscribed and sworn to before me
this day of
Notary Public.
Don Ashworth
City Manager
CITY OF CHA14HASSEN
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 20, 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: Mr. James B. Setzer
PLANS: Mr. $Etter proposes to construct an addition to an existing
structure on lots 30 and 39 of the Shore Acres Addition utilizing a
front yard setback of 20 feet and a high water setback of approximately
69 feet. Chanhassen Zoning Ordinance #47 requires front yard set-
backs of 30 feet and the Municipal Shoreland Management Ordinance re -
water setbacks of 75 feet. Additionally, lots 38 and 39
contain approximately 12,000 square feet, wherein the Municipal Shore -
land Management Ordinance requires lot sizes of 20,000 square feet.
`i
Hollywood
403 Loring
Gardens inc.
Park Office
Bldg.
430 Oak Grove
Minneapolis, MN
55403
Gilbert Laurent
1371 Pioneer Trail
Chaska, MN 55318
Mr. Donald Lundvall
Rt. 1 Box 88-3
Chaska, MN 55318
Mr. Allen Gray
Suite 323
8200 Normandale
Minneapolis, MN
Adolph Tessness
Box 127
Chanhassen, MN
George DeWitt
3127 4th St. SE
Minneapolis, MN 55803
William Westervelt
Box 211
Chanhassen, MN 55317
Ronald Ytzen
9227 Lake Riley Blvd.
Chaska, MN 55318
Donald Heath
4942 Drew Ave. So.
Minneapolis, MN 55410
Lawrence Tessness
9239 Lake Riley Blvd.
Chaska, MN 55318
Russell Hoverson
5720 44th Ave. So.
Minneapolis, MN 55807
Richard Carlson
3948 25th Ave. So.
Minneapolis, MN 55812
Lillian Hague
Box 224
Blvd. Chanhassen, MN 55317
55437
Eugene Susemihl
9245 Lake Riley Blvd.
55317 Chaska, MN 55318
Eunice Kottke
17 No. 4th St. Box 482
Bayfield, Wisconsin
54814
Donna Tottenham
Rt. 3 Box 72
Chaska, MN 55318
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WILLIAM O.
SCHOELL
REOISTEREO CIVIL ENOINEER
MINN. No.]][•
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ENGINEERS 6 SURVEYORS
!O NINTH AVENUE SOUTH'
HOPKIN S. MINNESOTA SSJA]
P.ONS •M Oho,
DESCRIPTION
CIrY Of CHANHASSEN
Pons
ORDER NO..-----9351_.._ _.
CARLISLE MAOSON
REOiSTERED LAND SURVEYOR
-.'N NO. .]']♦
.1• NO. ).A].
IOw. NO 390p
NO. OAS. I10•
NONT. NO.
LAKE RILEY AREA SANITARY SEWER
8-15-77 13) A 30.00 foot temporary construction easement and a 15.00 foot
S 1/2, Sec. 24 perpetualthe easement
fordsanitary sewer purposes over, under and across
following property:
Torrens Lot 38, Shore Acres, according to the recorded plat thereof.
Cert. No.
6125 The center line of both easements is described as follows:
Beginning at a point on the northerly line of Lot 39 in said Shore
Acres distant 10.00 feet easterly from the northwest corner of said
Lot 39; thence on an assumed bearing of South 20 degrees 20 minutes
West, parallel with the westerly line of said Lot 39, a distance of
83.50 feet; thence South 66 degrees 31 minutes 30 seconds East a
distance of 189.98 feet and said center line there terminating.
Said temporary easement to expire December 31, 1978.
Page 13
WILLIAM D. •CHOELL
REGISTERED CIVIL ENGINEER
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DESCRIPTION
i4"WITA 1 a :�%Td 1
ORDER NO --- 9351_-
CARLI\LE +. AOSON
REGISTERED LAND SURVEYOR
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N a. o.., no•
NONT.NG
LAKE RILEY AREA SANITARY SEWER
8-IS-77 14) A perpetual easement for sanitary sewer purposes over, under and
across the Westerly 17.50 feet of the Northerly 83.50 feet of the following
S 1/2. Sec. 24 described property:
Torrens Lot 39, Shore Acres, according to the recorded plat thereof.
Cert. No.
3246 Together with a temporary construction easement for sanitary sewer
purposes over, under and across the Westerly 25.00 feet of the
Northerly 83.50 feet of said Lot 39.
Also together with a 30.00 foot temporary construction easement and a 15.00
foot perpetual sanitary sewer easement over, under and across said Lot 39.
The center line of both easements is described as follows:
Commencing at a point on the northerly line of said Lot 39 distant
10.00 feet easterly from the northwest corner of said Lot 39; thence
on an assumed bearing of South 20 degrees 20 minutes West, parallel
with the westerly line of said Lot 39, a distance of 83.50 feet;
thence South 66 degrees 31 minutes 30 seconds East a distance of
75.00 feat to the beginning of the centerline to be described;
thence North 66 degrees 31 minutes 30 seconds West a distance of
75.00 feet; thence North 81 degrees 02 minutes West a distance of
50.00 feet and said center line there terminating.
Said temporary easements to expire December 31, 1978.
RUSSELL H. LARSON
CRAIG M. MERTE
OI COVNSEL
HARVEY E. SRAAR
Mr. Bob Waibel
Chanhassen City
Box 147
Chanhassen, MN
Dear Bob:
Hall
55317
LARsoN fit MERTZ, LTD.
ATTORNEYS AT LAW
x
1900 FIRST NATIONAL BANI! BUILDING
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE
(l IE) SSS-DIGS
November 29, 1977
Re: Jim Setzer variance application
(Lake Riley)
I was contacted by Mr. Setzer, who was apparently directed to this
office by someone at City Hall. Mr. Setzer informs me that he has
purchased Lots 38 and 39 in Shore Acres. These properties are
covered in part by Lake Riley sewer easements #13 and #14. It is
my understanding that Mr. Setzer is requesting a variance so as
to permit the construction of one single family house on these two
lots.
For your reference, I enclose a photocopy of the legal descriptions
for the two easements in question. Please note in particular that
easement #14 encumbers the westerly 17.5 feet of Lot 39. I also
enclose a portion of the relevant half -section map depicting the
general location of the easements.
I also enclose a photocopy of the pre -construction plans for the
Lake Riley project. These plans show a sewer line running parallel
to the westerly line of Lot 39 and approximately ten feet from the
westerly lot line. I would suggest that you contact the City Engineer
and ask him to determine a proper building sideyard setback for this
property, in view of the presence of the sewer pipe.
/ CMM:mep
James Setzer
13730 Kinsel Road
Minnetonka, MN 55343
Bill Brezinsky
Very truly yours,
CRAIG M. MERTZ
Assistant Chanhassen City Attorney
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CHAPTER THREE
VARIANCE PETITION
-20-
ri ._
VARIANCE PETITION
CHRONOLOGY
Introduction:
The purpose of granting a "Variance" is to provide relief
from the strict application of the provisions of the Zoning Ordinance
and impost conditions and safeguards where there are practical
difficulties or particular hardships.
Step-by-step Procedure for Processing an Application Involving
a Variance Request. (Ref. Ordinance 47, Section 22.04).
Step 1. PETITIONER.
Initial Information. All applications for variance shall be
filed in the office of the Zoning Administrator and shall be
accompanied by ten (10) copies of a set of plans and graphics
containing the following information:
a. Sketch Plan showing all pertinent dimensions having an
influence upon the Variance Request.
b. If topography or extreme grade is the basis on which the
request is made, topographic contours at two (2) foot intervals shall
be submitted.
C. An Abstractor's Certificate showing the names and addresses
of all property owners within three hundred fifty (350) feet of the
property in question.
d. Pays required filing fee.
Step 2. ZONING ADMINISTRATOR.
a. Reviews documents submitted in Step 1 above, and requests
any missing information from petitioner.
b. Forwards copies of the petition to other staff members or
governmental agencies deemed appropriate at least fourteen (14)
days prior to the Board of Adjustments and Appeals meeting.
C. Sets date for public hearing within thirty (30) days after
filing for variance.
d. Notified Board of Adjustments and Appeals and adjacent
property owners of forthcoming public hearing. Said notice of
public hearing shall be mailed not less than ten (10) days prior
to the date of public hearing.
-21-
Prepares Planning Report which includes comments from other
ff and forwards copies to Board of Adjustments and Appeals and
itioner no later than Friday prior to the scheduled public hearing.
p 3. BOARD OF ADJUSTMENTS AND APPEALS.
a. Reviews documents and reports submitted in Step 1 and
3.bove.
b. Hears petitioner's formal presentation of the proposed
riance.
C. The Board of Adjustments and Appeals shall not recommend,
id the Council shall not grant, a variance unless they find the
Dllowing facts:
1) That there are special circumstances or conditions
affecting the land, building or use referred to in the application
-or 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.
Step 4. ZONING ADMINISTRATOR.
a. Forwards copy of the Board of Adjustments, and Appeals
recommendation to the City Council.
Step 5. CITY COUNCIL.
a. The Council shall review, and may revise or reverse, any
decision of the Board of Adjustments and Appeals. In reviewing
such decisions the Council may conduct such hearings as it may
deem advisable and shall prescribe what notice, if any, shall
be given of such hearings. The Council shall conduct its review
of any such decision and make its findings and order thereon
within 60 days after receipt by it of the decision of the Board
of Adjustments and Appeals. No permit for a variance shall be
issued unless a decision of the Board of Adjustments and Appeals
approving the same is reviewed and approved by the Council.
t,,
Denial. Variances may be denied by the Council and such
ial—constitute a finding and determination that the conditions
for approval do not exist. No application for a variance
t been denied wholly or in part shall be resubmitted for
os six (6) months from the date of such order of denial,
i grounds of new evidence or proof of change of conditions
be valid by the Board of Adjustments and Appeals.
Action Without Decision. If no decision is transmitted
)ard of Adjustments and Appeals within sixty (60) days
'erral of the appeal or application for variance to the
ie Council may take action without further awaiting such
-23-
INSTRUCTIONS FOR COMPLETING ADMINISTRATIVE FORM ENTITLED:
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST, VARIANCE PETITION.
(Note: This instruction sheet should be given to each applicant
petitioning for a variance.)
1. The applicant should become familiar with the provisions
setforth in Ordinance 47 as amended entitled "Chanhassen Zoning
Ordinance", and the City Administrative Procedures Manual.
2. If the applicant is requesting a multiple request, such as a
variance which may also involve a rezoning or conditional use
permit, separate forms must be filled out for each request.
3. Case No., fee paid and date will be filled out by the
Administrator, or any other authorized person charged with accepting
fvrmsfor the Planning Commission.
4. Applicant refers to the person actually submitting the form,
if different than owner. If applicant is also the owner, write
"same" after "name". Address refers to the applicants mailing address.
S. Owner refers to the actual person holding title to the property
in question; it does not refer to a contract buyer, renter, or
lessee. Address refers to the owners mailing address.
6. Address of property in question refers to subject property
street name and number. If the property is undeveloped, the address
may be obtained from the City Building Inspector.
7. Legal Description of property in question refers to the lot
number, block number and name of subdivision, or if unplatted, the
meets and bounds description or registered land survey as recorded
of the subject property. This information may be obtained from the
Carver County Register of Deeds, located in the County Courthouse,
Chaska, Minnesota.
8. Present zoning of property refers to the specific zoning district
in which the property is located.
9. Present use of property refers to the existing land use, i.e.,
single family residential, office building, agriculture, etc.
10. Proposed use of property refers to the specific improvement
intended for the property in questions.
11. Documents attached are required by City Ordinance 47, Section 22.
12. The remaining portion of the application is for administrative
use.
-24-
1-1
VARIANCE PETITION CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Applicant:
Name:
Address: / 3
Date of Application _ S _ 7 7
Fee Paid Date
Received by
,NA1FTta
q33.236c)
� n 1`
Owner J%o'L e �/ TF4 t-���c�0 dut �u2v�pg h, ���i'�-Lbt3i
Name:
Las First
\ C « A, • nn J4 S 011�
Address: �9 �{ S�� i !� \S 2� G \N 1
Number and Street Citv I Sta
Address of Property in question:
tp, if l / R 1, 1 1 j -t- \ ( wl i%-c irp _ -5"3
W
Legal description of
" T 3 Sk 3 9
property
SA
in question:
0R /q 0, -k Zys
L Alid �1L
Present zoning of property: r I
Present use of property: S u M ,M /= y n q
Proposed use of property:
-25-
The following documents shall be attached to this application:
Date Received Initial
F! , 1-
1. Sketch Plan / i 1S %
2. Abstractors Certificate
3. Fee Paid 3h,Q0 /� S�7
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 al} City expenses incurred in processing this.
ure of owner
Date
Received by Title Date
(Following to be completed by Zoning Administrator or City official)
CHRONOLOGY
Date
By
Public Hearing by
Board of Adjustments and Appeals
Board of Adjustments and Appeals
postponed to
Adjacent property owners notified
Public Hearin
Application on Council Agenda
Council postponed to
Council Action
-26-
BOARD OF ADJUSTMENT AND APPEALS
On this day
action was recommended for
following reasons:
Action by City:
of 19 this variance
(approval), (disapproval for the
Chairman of Board of Adjustments and Appeals
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
Attest:
City Administrator
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
December 1, 1977
Mr. Harold Sweet
Cousineau, McGuire, Shaughnessy, and Anderson
1512 First National Bank Building
Minneapolis, MN 55402
Dear Mr. Sweet:
Enclosed you will find the City of Chanhassen's Application for
Consideration of Planning Request; Variance Petition, and the
accompanying instructions. As per your question concerning designated
applicant, please refer to page 23 of instructions, section 4 and 5.
If you have any further questions, please do not hesitate to contact
me.
Sincere,
Bob Waibel
Assistant City Planner
BW:k
Enclosure
COUSINEAU, MCGUIRE, SHAUGHNESSY & ANDERSON
HENRY A. COUSIN EAU, JR.
ROBERT J. McGUIRE
STEPHEN W. SHAUGHNESSY
CRAIG H.ANDERSON
WILLIAM F. DAVERN
HAROLD J. W. SWEET
JOHN W. ROMINE
VICTOR A. KREUZIGER
DEAN D. LARSEN
PETER G. VAN BERGEN
MICHAEL C.JACKMAN
ALLAN SHAPIRO
MARK L. PFISTER
ATTORNEYS AT LAW
IS12 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
(612) 339-0321
November 23, 1977
Chanhassen City Hall
7610 Laredo Drive
Chanhassen, Minnesota 55317
Attention: Planning Department
MOROAUNT,WALSTAD,COUSINEAU 6 MCGUIRE
(1963-1973)
Re: Claire and Alice Shield
Real Estate
Our File: LF 13,452
Gentlemen:
My clients, Claire and Alice Shield, are proposed purchasers under
a Purchase Agreement of Lots 2327 through 2331, Carver Beach.
We respectfully request that you furnish to us, application forms
necessary to seek a variance from the minimum lot size requirement
of 15,000 feet in your city.
If it is not evident from the form or the instructions which accompany
it, would you advise whether a proposed purchaser may make the petition
or whether it is necessary for the seller, presently the fee owner,
to join in the petition.
Mr. Jerry Schlenk has advised us that an abstract certificate is
necessary showing all owners within 350 feet of the subject parcel
and we are arranging to get that.
We assume all other requirements will be evident in the forms.
Thank you for your courtesies.
Cordially,
cc: Cliff Jacobson
/ Wayne Jensen
l Clifford Williamsonr�CQX"ANHASAWN,
�Steve Holm�'r;,Hal Sweet Claire Shield Alice Shield D,t
d
A
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I�
RUSSELL H, LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E.SKAAR
Mr. Bob Waibel
Chanhassen City
Box 147
Chanhassen, MN
Dear Bob:
Hall
55317
LARsox & MERTZ, LTD.
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE
(612) 335-9665
November 29, 1977
Re: Jim Setzer variance application
(Lake Riley)
I was contacted by Mr. Setzer, who was apparently directed to this
office by someone at City Hall. Mr. Setzer informs me that he has
purchased Lots 38 and 39 in Shore Acres. These properties are
covered in part by Lake Riley sewer easements #13 and #14. It is
my understanding that Mr. Setzer is requesting a variance so as
to permit the construction of one single family house on these two
lots.
For your reference, I enclose a photocopy of the legal descriptions
for the two easements in question. Please note in particular that
easement #14 encumbers the westerly 17.5 feet of Lot 39. I also
enclose a portion of the relevant half -section map depicting the
general location of the easements.
I also enclose a photocopy of the pre -construction plans for the
Lake Riley project. These plans show a sewer line running parallel
to the westerly line of Lot 39 and approximately ten feet from the
westerly lot line. I would suggest that you contact the City Engineer
and ask him to determine a proper building sideyard setback for this
property, in view of the presence of the sewer pipe.
Very truly yours,
CRAIG M. ERTZ
Assistant Chanhassen City Attorney
CMM:mep
CC: James Setzer
13730 Kinsel Road
Minnetonka, MN 55343�12a24
Bill Brezinsky
r• NOVI977
RECEIVED
AN AS N,
ORDER ND___9351
WILLIAM D. 9CHOELL
REGISTERED CIVIL ENGINEER
.INN. NO.]].,
•D. DA[. T9•
.I9. No. U.".
F LO n104 NO. A]'11
.23
M ON T. NO, IYIG-[
IOW..0
TCUR .O. ]99[9
SCHOELL & MADSON, INC.
ENGINEERS S SURVEYORS
SO NINTH AVENUE SOUTH
HOPRIN*. MINNESOTA S5343
PHONE 008'7601
DESCRIPTION
CITY OF CHANHASSEN
CARLISLE MADSON
REGISTERED LAND SIJRVEYOR
MINN ..1..]TI
W.. No. 9..1.
IOWA NO.]OOf
NO. CAI[. 11.6
MONT. NO. I741'9
LAKE RILEY AREA SANITARY SEWER
8-15-77 13) A 30.00 foot temporary construction easement and a 15.00 foot
S 1/2, Sec. 24 perpetualthe easement
for sanitary sewer purposes over, under and across
following property:
Torrens Lot 38, Shore Acres, according to the recorded plat thereof.
Cert. No.
6125 The center line of both easements is described as follows:
Beginning at a point on the northerly line of Lot 39 in said Shore
Acres distant 10.00 feet easterly from the northwest corner of said
Lot 39; thence on an assumed bearing of South 20 degrees 20 minutes
West, parallel with the westerly line of said Lot 39, a distance of
83.50 feet; thence South 66 degrees 31 minutes 30 seconds East a
distance of 189.98 feet and said center line there terminating.
Said temporary easement to expire December 31, 1978.
Page 13
oRCER No._ 9351
WILLIAM D. 3CMDELL
REGISTERED CIVIL ENGINEER
MINN. N0.]]E•
00. 0...
T.E
WIE. Mo.
[ 617•
EIORIOA NO.
l]T
N0. OA[.
•)]
MONT. NO.
1111-E
IONA NO.
.,,,
l[RAE NO.
3s,"
SCHOELL & MADSON, INC.
ENGINEERS 6 SURVEYORS
50 NINTM AVENUE %OUTM
NUPKINS. MINNESOTA SS]AG
PHONE RGe-Tool
DESCRIPTION
CARLISLE MAG9ON
REGISTERED LAND SURVEYOR
MINN. No. A]T.
.0. OA[. T91
wIE. NO. a ...
10-A No. ],0,
NO. OAI[. 110•
MONT. No. 1TA rs
LAKE RILEY AREA SANITARY SEWER
8-15-77 14) A perpetual easement for sanitary sewer purposes over, under and
across the Westerly 17.50 feet of the Northerly 83.50 feet of the following
S 112, Sec. 24 described property:
Torrens Lot 39. Shore Acres, according to the recorded plat thereof.
Cert. No.
3246 Together with a temporary construction easement for sanitary sewer
purposes over, under and across the Westerly 25.00 feet of the
Northerly 83.50 feet of said Lot 39.
Also together with a 30.00 foot temporary construction easement and a 15.00
foot perpetual sanitary sewer easement over, under and across said Lot 39.
The center line of both easements is described as follows:
Commencing at a point on the northerly line of said Lot 39 distant
10.00 feet easterly from the northwest corner of said Lot 39; thence
on an assumed bearing of South 20 degrees 20 minutes West, parallel
with the westerly line of said Lot 39, a distance of 83.50 feet;
thence South 66 degrees 31 minutes 30 seconds East a distance of
75.00 felt to the beginning of the centerline to be described;
thence North 66 degrees 31 minutes 30 seconds West a distance of
75.00 feet; thence North 81 degrees 02 minutes West a distance of
50.00 feet and said center line there terminating.
Said temporary easements to expire December 31, 1978.
Page 14
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