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77-24 Variance 7610 Laredo Drive Scanned Planning File,(, ,?.A RUSSELL M. LARSON CRAIG M. MERTZ OF COUNSEL MARVEY E. SKAAR MARK C. MCCULLOUGN Peter W. Riley Attorney at Law 565 Pillsbury Building Minneapolis, MN 55402 Dear Mr. Riley: LARSON SC MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 August 2, 1979 1919 VIQA0 cD chA Hq SO,o J MrNN. ery . tram: City AdministrafoB B,terred To: tviayer council -��"� "° Planner— �G Building Attornlql Treasurer' Polito Parks & Rec. Street rtaint. Utilities Press Dter Date--�,..�a ,,. Re: Dale Mentin/Stephen W. Riley vs. City of Chanhassen I am in receipt of your letter dated July 27, 1979. After reviewing the matter further with the City Manager, the City's basic position remains unchanged. Any drainage improvements on the Riley and Mentin properties must be financed by special assessments. The City's rationale is set forth in my letter of June 4, 1979. The City's Building Inspector has advised me that the platted easement could be used for drainage purposes if a short ditch were constructed to connect the southerly end of the easement with the culvert under County Road 15. As to your comments on Lot 2, Block 2, Minnewashta Creek 2nd Addition, the City's position remains unchanged. I have viewed the property, and while I have done no elevation measurements, I agree with your conclusion that 519.05 is probably not applicable. Nonetheless, past practice indicates that the subject house must be categorized as a 2-1/2 story house. Regarding the setback line, the Building Inspector informs me that he located the setback line by drawing a line connecting a point on the northerly line of the property located 75' westerly of the ordinary high water mark with a point on the southerly line of the property located 75' westerly of the ordinary high water mark. The Building Inspector believes that the foundation of the structure in question lies landward of this setback line. In addition, I have located a variance petition file which I had overlooked at the time of my previous letter. The file indicates that in 1977, Mr. Ritter petitioned for the variances necessary to construct a single family home on the subject property. I enclose a copy of the notice of hearing which specifically cites both the 75' setback standard and the 20,000 square foot minimum lot sizes established by the City's Shoreland Management Ordinance. The file contains an affidavit of mailing which indicates that both of your clients were mailed a copy of this notice. Peter W. Riley -2- 8/2/79 Pursuant to this notice, the Board of Adjustment and Appeals met on December 6, 1977 and voted "to grant the variance." While the word variance is in the singular, the staff report to the Board consisted of a written discussion of the 20,000 square foot issue and a map depicting a "no -build" line on the same, alignment as the Building Inspector's setback line. Your clients are not listed among the persons who attended the December 6, 1977 hearing. I enclose a copy of the City Council minutes of December 19, 1977 wherein the Council confirms the action of the Board of Adjustment and Appeals. The "December 19 council agenda packette" referred to in the minutes contained both a written discussion of the 20,000 square foot issue and the same "no -build" line map used by the Board. While you may argue with the measuring procedure utilized by the Building Inspector, you probably will agree that the enclosed Council minutes answer any questions which your clients have concerning the Ritter building permit. If you wish to discuss any of these matters, please feel free to call me. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:mep Encls. cc: Donald W. Ashworth William D. Schoell Council Meeting December 19, 1977 -4- Councilman Gevin�-)and Mayor Hobbs voted not Motion failed as 4/5's vote is required. Councilman Pearson moved to approve the subdivision request with the condition that a determination be made that sanitary sewer is available to the property and all assessments for such are paid. Councilman Neveaux seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, and Waritz. Councilman Geving voted no. Motion carried. ZONING ORDINANCE AMENDMENT, LOT LIMITATION, FINAL READING: The City Council discussed a proposed amendment to the zoning ordinance which would allow lots not presently meeting the zoning ordinances to be buildable lots. The primary factors in determing whether a lot is buildable would be determined by whether the lot was a platted lot of record prior to 1972 and lies within an R-1 or R-2 residential zoning district and, further, that the lot is served by municipal sanitary sewer and has been assessed for such. Other minor provisions are required in meeting the tests of a buildable lot. Councilman Neveaux moved to approve final reading of the proposed amendment as shown in the council packette of December 19, 1977. Councilman Geving seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, Waritz and Pearson. No negative votes. Motion carried. CHECKS DATED DECEMBER 19, 1977: Councilman Geving made a motion to approve the bills as submitted in the December 19, 1977 council pack- ette. Councilman Pearson seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, Waritz and Pearson. No negative votes. Motion carried. LOT AREA VARIANCE, 6782 MANDAN, DANIEL WOITALLA: The Council discussed Mr. Woitalla's request to construct a double garage on his property. The existing lot does not meet the lot area required within a single- family residential district. The Board of Adjustments and Appeals held a public hearing on this and received no'objections to the proposed construction. Councilman Geving moved to approve the variance request as presentee in the City Manager's report dated December 19, 1977. Councilman Pearson seconded the motion.The following voted in favor: Mayor Hobbs, Councilmen Geving, Pearson, Waritz and Neveaux. No negative votes. Motion carried. LOT sed-. Mr. Ritter's request to construct two single family homes adjacent to County Rd. 15, South of Highway 7. The lots met zoning ordinance requirements when platted, but presently are lower than the required 20,000 square foot requirement under the Shoreland Management Act (each of the lots contains approximately 16,000 + square feet). 1. LOTS 1 AND 2 R: The Coun Councilman Pearson moved to approve the Board of Adjustments and Appeals recommendation as presented in the December 19 council agenda packette, that the proposed variance be granted. Councilman Waritz seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, Geving and Neveaux. No negative votes. Motion carried. ! 1 C R 2 7i 'v �•! ' k k i Ou -r %• /� ear ' 1�r"l l jaµi6N a)A"Jrj S rr,OA4 K 'SL • i ate' 44"Arlev aib� a MINNEWAS CITY OF CHANHASSEN NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENTS AND APPEALS An appeal has been filed with the Zoning Administrator for a variance of Zoning Ordinance No. 47. The Board of Adjustments and Appeals will conduct a hearing on this appeal on Tuesday December 6, 1977 at 7:20 p.m. at _City Hall, 7610 Laredo, Dr. All interested persons may appear and be heard at said time and place. APPLICANT: _ Mr. Robert Ritter PLANS:_ Mr. Ritter proposes to construct houses on Lots 1 and 2 of Block 2 of the Minnewashta Creek First Addition, utilizing high water setbacks of 45 feet and 28 feet for lots 1 and 2 respectively. The subject properties are approximately 16,000 square feet each The Shoreland Management Ordinance requires water setbacks of 75 feet and lot size areas of 20,000 square feet. All interested persons may appear and be heard at said time and place �/f Ri Tb PiC� Steven Riley 3851 Leslee Curve Excelsior, MN 55331 Dale Menten Rt. 4 Box 836X Excelsior, MN 55331 Donn G. & Z. Brothers 7209 Heatherton Circle Edina, MIN 55435 Ruth Swanson 4000 Marvelle Dr. Apt. 1 Edina, MN 55435 Lee Anderson Rt. 1 Box 836F Excelsior, IM! 55331 K. W. Johnson Box A-700 Minneapolis, MN 55480 Commissioner William B. Nye 3rd Floor Centennial Building St. Paul, MN 55155 Dick Pearson 7307 Frontier Trail Chanhassen, M4 55317 Roman Roos 8001 Cheyenne Ave. Chanhassen, MN 55317 Arthur Baker 6541 Minnewashta Parkway Excelsior, MN 55331 Craig Miller 121 Courtland Excelsior, MN 55331 David Ilamisch 6560 Minnewashta Blvd. Excelsior, MN 55331 Donald Berkey 102 Colle Cita San Clemente, CA 92672 dillard Johnson 1660 1;.St 63rd Excelsior, d 65331 OR RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARsow & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA SS402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don: July 30, 1979 TELEPHONE (612) 33S-956S Re: Mentin/Riley drainage claim Enclosed you will find a copy of a letter dated July 27, 1979 from Attorney Peter Riley threatening litigation in connection with the Leslee Curve catch basin and in connection with the building being erected on Lot 2, Block 2, Minnewashta Creek First Addition. I have discussed the catch basin matter with Bill Schoell, who will be reviewing Chanhassen Township engineering records for the purpose of attempting to document that the existing drainage pattern is in excess of 15 years old, 15 years being the period required to establish a drainage easement by public usage. I hope to review the matter of the building permit and lake setback with Mr. Schlenk after this week's staff meeting. CMM:mep Encl. cc: Bill Schoell Vy�tr�ul�y yours,��^� CRAIG M. MERTZ Assistant City Attorney From: City NI l-listritcr P,?Iarrafi To: Fl:;nnsr`� AitMne;` JUL 7979 "LLAGE OP. CHANHASS N M1MN, nN LAW OFFICES l ❑EPARCO, ANDERSON, PERL, HUNEGS & RUDQUIST S65 PILLSBUKY BUILDING 608 SECOND AVENUE SOUTH WILOAM H. D.PARCO MINNEAPOLIS, MINNESOTA S5402 NORMAN PERL RICHARD G. HUNEO6 AREA CODE 612=339-4511 DONALD L. RUCOUIST RALPH E. KOENIG M93 PATRICK J. FOLEY PETER W.RILEY ROBERT T. OOLAN July 27, 1979 Mr. Craig Mertz Attorney at Law 1900 First National Bank Building Minneapolis, Minnesota 55402 Re: Dale Mentin/Stephen W. Riley v. City of Chanhassen Dear Mr. Mertz: JEROME T. ANDERSON (1924-I97; PHILLIP B. LUSH (1910-1979) I received your letter of June 4, 1979, discussing the above - referenced matter with respect to the storm sewer runoff on the property of Mr. Riley and Mr. Mentin, and also with reference to the building on Lot 2, Block 2, Minnewashta Creek First Addition. First, as to the storm sewer runoff, your suggestion that an easement be donated along the present route certainly does not respond at all to the problem here nor its solution. The only easement that would be donated on this would be on the condition that the City replace the present runoff system with a buried pipe. You suggest in your letter that Minnesota Statutes Chapter 429 would allow this to be considered a public improvement project, but I would disagree in this contention - elimination of a trespass would hardly fall under the definition of public improvement projects. I suggest that the proper manner to handle this would be to pay for the project out of general revenue funds of the City as a whole. It should also be noted that the easement which you claim to have on the property, which you can see the present drainage system does not follow, would not be very useful to the City at this time. If you would ask your city engineer to go out and plot that easement, you will find that the runoff ends up being discharged right through the basement of the new house constructed on Lot 2, Block 2, Minne- washta Creek, First Addition. If you wish to persist in the requirement of a petition and an assessment for improvement of this project, please be advised that we will simply go ahead and bring an action against the City for trespass. If, on the other hand, you wish to discuss some other resolution, I shall be happy to speak with you or meet with you on this. As to your comments on the structure on Lot 2, Block 2, Minne- washta Creek First Addition, I feel you are also in error. Traditionally, as you must be aware, courts have construed "stories" as each level of a building above the grade of the property, as it sits prior to the improvement. In this particular case, there are clearly 3 stories above grade. Craig Mertz, Esq. July 27, 1979 page two As to your citation of Section 19.05(1), your information on the pitch of the property is quite obviously wrong. Since the lot is 132 feet long and your pitch indicates a drop of one foot in each 4 feet, this would indicate that the lake is 33 feet below the level of Carver County Road 15, and even a cursory examination of the property will indicate that this is not the case. Section 19.05 is clearly inapplicable to the present situation, and the building as it sits is in violation of the Section 7 of the ordinance. . As to your comment regarding your puzzlement on set -backs, this probably arises from your misinformation on the distance of the home from the lake. Your letter indicates that the house is 75 feet from the lake, whereas actual measurement shows the furthest point of the foundation of the house to be 54 feet from the lake, well within the 75 feet restriction imposed by State statutes. It appears from your letter that you have been misinformed as to the actual facts underlying the building of this house. It is apparent that the City failed to properly enforce its ordinances, and that city employees were at the very least negligent in the carrying out of their duties. This resulted in substantial damages to my clients, and they intend to seek legal redress in the courts for their damages. If you are interested in pursuing a resolution of the above - referenced matters.without the necessity of litigation, please advise me immediately. If I have not heard from you within two weeks, I presume that you wish no further discussions on this matter, and I shall initiate legal proceedings. Very truly yours, Peter W. Riley' PWR/rz CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147eCHANHASSEN, MINNESOTA 55317 (6121 474-8885 December 28, 1977 Mr. William Nye Commissioner of Natural Resources 3rd Floor Centennial Office Building 658 Cedar Street St. Paul, MN 55155 Dear Mr. Nye: Pursuant to N.R. 84 c(2), I am informing you that on December 19, 1977, the Chanhassen City Council voted to grant an area variance to the Shoreland Management Ordinance to Mr. Robert Ritter. Mr. Ritter has been required to maintain all applicable setbacks. Sincerely, /7 Bob Waibel Assistant City Planner BW:k CITY OF CHANHASSEN 7610 LAREDO DRIVEoP.O. BOX 147oCHANHASSEN, MINNESOTA 55317 (612) 474-8885 Action by Council: 'Er.dorssd_ �� PLANNING REPORT Refer i"i� TO: City Manager, Don Ashworth Dote Cr- FROM: Assistant City Planner, Bob Waibel DATE: December 15, 1977 �r SUBJ: Lot Area Variance to the Shoreland Management Ordinance for Lots 1 and 2, Block 2 of Minnewashta Creek First Addition PLANNING CASE: P-454 APPLICANT: Robert J. Ritter Petition Mr. Ritter is proposing to and 2, Block 2, Minnewashta approximately 16,190 square 16,435 sq. £t. The adopted lot areas of 20,000 square Background: construct single family houses on Lots 1 Creek First Addition. Lot 1 contains ft. and Lot 2 contains approximately Shoreland Management Ordinance requires feet for sewered areas on Lake Minnewashta. 1. Community Location: As indicated on enclosure 1, the subject property is located on the northwest shore of Lake Minnewashta on County Road 15. 2. Existing Zoning: The subject property and its environs are zoned R-1, Single Family Residential District. 3. Utilities: Sanitary sewer and water are in place to the subject property. The subject property has been assessed one sewer and water lateral charge for each lot. At time of issuance of building permit, sewer ana water unit charges plus interest would be remitted. Planner's Comments 1. 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. City Manager -2- December 15, 1977 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 Adjust- ments and Appeals and the Council shall not permit as a variance any use that is not permitted under this ordinance for property in the zoning district where the land which is the subject of the variance application is located. 2. There exists a drainage and utility easement along the south property line of Lot 2, requiring that a 20 foot setback be maintained from said property line. 3. In addition to the R-1 setback requirements and the applicable easement setback requirements, the Municipal Shoreland Management Ordinance requires a high water setback of 75 feet for sewered areas on Lake Minnewashta. Sufficient area exists within the parameters of the setback requirements to enable the petitioner to impliment his development plans. 4. Pursuant to all applicable local planning, zoning and subdivision standards, the city council duly approved the plat of the subject property on May 3, 1976. The Municipal Shoreland Management Ordinance was adopted on July 19, 1977, which changed the area standards from 15,000 to 20,000 square feet. 5. Outlot B, located to the north of the subject property, is to function as a beach lot for the future residents of the remainder of the Minnewashta Creek First Addition. The design and facility capacity for said outlot B will require council action in the future as a conditional use. Board of Adjustments and Appeals The Board of Adjustments and Appeals held a pbulic hearing on December 6, 1977, to test neighborhood sentiment to the proposal. They voted to recommend that the city council grant the lot area variance. Planner's Recommendation I recommend that the city council approve this request based on the following grounds and conditions, 1. It was an approved subdivision using the most contemporary planning standards and subdivision requirements prior to the adoption of the Municipal Shoreland Management Ordinance. 2. The subject property has been assessed for improvements in antici- pation of development. City Manager -3- December 15, 1977 3. That the petitioner maintains all applicable setbacks designated in this report, Chanhassen zoning ordinance 47, and the Municipal Shoreland Management Ordinance. Adion by City Adr^:nis`rator Ua,.4... -..... ,.._.. f%d:i ... - .0 4 I® µi�SNu%I��iER s�rl3A�'K LA1(EM4VNEWA#W7A ►UA7E ggr/f; q70 - 94A40 A iep� WArk � ON MINNEWASH i �ro•ox�w+�I�rr�ts,�,� CITY OF CHANHASSEN 7610 LAREDO DRIVEoP.O. BOX 147oCHANHASSEN, MINNESOTA 55317 (612)474-8885 PLANNING REPORT DATE: December 1, 1977 TO: Board of Adjustments and Appeals FROM: Bob Waibel, Assistant City Planner SUBJ: Variance Request for Lots 1 and 2, Block 2 of Minnewashta Creek First Addition PLANNING CASE: P-454 APPLICANT: Robert J. Ritter Petition: Mr. Ritter is requesting to construct houses on lots 1 and 2, Block 2, Minnewashta Creek First Addition. Lot 1 contains approximately 16,190 square feet and Lot 2 contains approximately 16,435 square feet. The adopted Chanhassen Shoreland Management Ordinance requires lot areas of 20,000 square feet for sewered areas on Lake Minnewashta. Background: 1. Community Location: As indicated on enclosure 1, the subject property is located on the northwest shores of Lake Minnewashta on County Road 15. 2. Existing Zoning: The subject property and its environs are zoned R-1, single family residential district. 3. Utilities: Sanitary sewer and water are in place to the subject property. The subject property has been assessed one sewer and water lateral charge each. Should approval of this request be granted the remaining water and sewer trunk charges must be remitted upon applying for a building permit. Planner's Comments 1. The Board of Adjustments and Appeals shall not recommend, and the Council shall not grant, a variance unless they find the following facts: Board of Adjustment - and and Appeals -2- December 5, 1977 a). That there are special circumstances or conditions affecting the land, building or use referred to in the application for the varaince. 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 Adjustements and Appeals in recommending, and the Council in granting a variance may impose conditions to insure compliance and to protect adjacent properties. The Board of Adjustments and Appeals and the Council shall not permit as a variance any use that is not permitted under this ordinance for property in the zoning district where the land which is the subject of the variance application is located. 2. There exists a drainage and utility easement along the south property line of Lot 2 requiring that a 20 foot setback be maintained from said property line. The applicant has proposed a setback of 30 feet to this line. 3. The Municipal Shoreland Management Ordinance requires a high water setback of 75 feet for sewered areas on Lake Minnewashta. The petitioners request does exceed these requirements. 4. The plat approval of the subject property was executed on May 3, 1976. The Municipal Shoreland Management Ordinance was adopted on July 19, 1977. Planner's Recommendation I recommend that the Board of Adjustments and Appeals approve this request on the grounds that: 1). It was an approved subdivision using the most contemporary planning standards and subdivision requirements prior to the adoption of the Municipal Shoreland Management Ordinance. 2). The proposal exceeds all applicable setback requirements. 3). The subject property in anticipation of development. �" /an ' c has been assessed for improvements w .,f � r do _I A � 1 1 m N Board of Adjustment and Appeals Dec. 6, 1977 Will Johnson, Roman Roos, present Dick Pearson absent. Variance Request— Daniel J. Woitalla A motion was made by Roman Roos, seconded by Will Johnson to recommend city council to Grant variance. All voted in favor. Variance Request— Robert Ritter A motion was made by Will Johnson seconded by Roman Roos to recommend city council to Grant variance on Lot:1 and 2 of Block 2 . All voted in favor. Comment— Mr.& Mrs. Don Bros and Mrs. Lee Anderson were present. They voice there concern for 10 It. side yard set back fron 23 Ft. water easement on South side of Lot 2. Future use o-f out Lot B when Development of out Lot A occurs across. the road. I feel Lot A and B have no effect on variance. I Board of Adjustment and Appeals Dec. 69 1977 Will Johnson, Roman Roos, present Dick Pearson absent.. Variance Request- Daniel J. Woitalla A motion was made by Roman Roos, seconded by Will Johnson to recommend city council to Grant variance. All voted in favor. Variance Request- Robert Ritter A motion was made by Will Johnson seconded by Roman Rocatorecomend city council to Grant variance on Lot:l and 2 of Block 2 . All voted in favor. Comment- Mr.& Mrs. Don Bros and Mrs. Lee Anderson were present. They voice there concern for 10 Lt. side yard set back fro.a 20 It. water easement on South side of Lot 2. Puture use oi' out Lot R when Development of out hot A occurs across the road. I feel Lot A and B have no effect on variance. CITY OF CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Board of Adjustments and Appeals FROM: Assistant City Planner, Bob Waibel DATE: December 5, 1977 SUBJ: Change of Request for Ritter Variance PLANNING CASE: P-454 Since the Notices of Public Hearing have been sent out, a correction of the high water mark along the subject property has been made. This correction has made Mr. Ritter's proposal in conformance with Shoreland Management setback requirements. The only variance needed at this point is for the lot area requirements. r -20- VARIANCE PETITION CHRONOLOGY Introduction: - The purpose of granting a "Variance•" .1s .o provide relief from the strict application of the of the 'Zoning Ordinance and impose conditions and safegi.iards wbere there are practical difficulties or particular hardships,` Step-by-step Procedure for processing an kpplication Involving a Variance Request. (Ref. Ordinance '47, Sect PC04) Step 1. PETITIONER. Initial Information. All applications for variance shall be filedin the off c 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 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 in±`ormation from petitioner. b. forwards copies of the petition to other staff members or governmental agenc;:es deemed appropriate at least fourteen U4) days prior to the Soard of Adjustments and Appeals meeting. C. Sets c?„'t= for public hearing. d. NOtif'.eQ "%)ard of Adjustments and Appeals and adjacent property owner:, `_urthcoming public hearing. -21- e. Prepares Planning Report which includes comments from other staff and forwards copies to Board of Adjustments and Appeals and petitioner no later than Friday prior to the scheduled public hearing. Step 3. BOARD OF ADJUSTMENTS AND APPEALS. a. itevicws documents and reports submitted in Step 1 and 2 above. b. liears petitioner's formal presentation of the proposed variance C. 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 grant 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 ADMINISTRATO a. Forwards copy of the Board of Adjustments and Appeals recommendation to City Council. Step 5. CITY COUNCIL a. Grants or denies variance. If a variance is granted the Council instruct_- the Building Inspector to issue the appropriate permits. n -22- b. Denial.. Variances may be denied by the Council and such denial shall constitute a finding and determinationthat the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period os six (6) months from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustments and Appeals. C. Action Without decision. It no decision is transmitted by the Bo:iiU c Ad u� stments andppeals within sixty (60) days after referral of the appeal or application for variance to the Board, the Council may take action without further awaiting such decision. -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 set - forth 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 forms for 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. 5. 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. 3. 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, single family residential, office building, agricultural, etc. 10. proposed use of property refers to the specific improvement intended for the property in question. 11. Documents attached are required by City Ordinance 47, Section 22. 12. The remaining portion of the application is for administrative use. -24- VAMANCI{ PETITION CASE NO. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant:` Name: -- Last Address Owner Name 6 Las and str Date of Application Fee Paid 4'� Dated Received bvn,- r Address: /�� -i-�jTA ,BAN UemENTr Number and Street City State Zip Address oI Property in question: Legal description of property in question: Present zoiiinq uL property: Fresen L u�ja of property: 1� 4 C ,97 NT — Proposed us(. Of property _ ,T E 1- A w ti t �:/ hto rn &� __ -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 'J3-t�ached documents are true, and that I shall reimburse the City of,'Chan�hassen fQ.r-ail City expenses incurred in processing this o'g ature of Applic-� ant — 1 Signature of Owner // / 1 7 /'7 7 -- a Received by _ Ti— itle Date (Following to be completed by Zoning Administrator or City official) Date By Public Bearing by Board of Adjustments and Appeals Board of Adjustments and Appea s _Eostponedto Adjacent property owners notified A� lication 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--al� —for the following reasons: Chairman of Doard6f A4justments and Appea_ Action by City: On this day of , 19 , the Chanhassen City Counci , 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 ei CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) DON ASHWORTH and says that he is and was on Nov. 23 , being first duly sworn, on oath deposes , 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 Robert Ritter Variance Request in the City to the persons named on attached Exhibit "A" , by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid 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 77 this day of %/%rFiJa��t c, il974 Notary P4Yrric CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) DON ASHWORTH and says that he is and was on Nov. 23 , being first duly sworn, on oath deposes , 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 Robert Ritter Variance Request in the City to the persons named on attached Exhibit "A" , by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid 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 77 this day of %/%rFiJa��t c, il974 Notary P4Yrric .Mea,✓/�. �,as�a(a�. siau �1TP.A'�/o.NAA.�. J iZ CARVER COUNTY a mmss:on ExFires Jail. 30, 193' CITY OF CHANHASSEN NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENTS AND PEALS An appeal has been filed with the Zoning Administrator for a variance of Zoning Ordinance No. 47. The Board of Adjustments and Appeals will conduct a hearing on this appeal on Tuesday , December 6, 1977 at 7:20 p.m. at City Hall, 7610 Laredo.Dr. All interested persons may appear and be heard at said time and place. APPLICANT: Mr. Robert Ritter PLANS: Mr. Ritter proposes to construct houses on Lots 1 and 2 of Block 2 of the Minnewashta Creek First Addition, utilizing high water setbacks of 45 feet and 28 feet for lots 1 and 2 respectively. The subject properties are approximately 16,000 square feet each. The adopted Shoreland Management Ordinance requires high water setbacks of 75 feet and lot size areas of 20,000 square feet. All interested persons may appear and be heard at said time and place. Mr. Vincent Decker 3861 LP.slee Curve Excelsior, MN 55331 Steven Riley 3851 Leslee Curve Excelsior, MN 55331 Dale Menten Rt. 4 Box 836X Excelsior, MN 55331 Donn G. & Z. Brothers 7209 Heatherton Circle Edina, MN 55435 Ruth Swanson 4000 Marvelle Dr. Apt Edina, MN 55435 Lee Anderson Rt. 1 Box 836E Excelsior, MN 55331 K. W. Johnson Box A-700 Minneapolis, MN 55480 1 Commissioner William B. Nye 3rd Floor Centennial Building St. Paul, MN 55155 Dick Pearson 7307 Frontier Trail Chanhassen, MN 55317 Roman Roos 8001 Cheyenne Ave. Chanhassen, NEB! 55317 Robert J. Ritter ^y 3295 Hillsboro Ave. So. St. Louis Park, MN 55426 Arthur Baker 6541 Minnewashta Parkway Excelsior, MN 55331 Craig Miller 121 Courtland Excelsior, MN 55331 David Hamisch 6560 Minnewashta Blvd. Excelsior, MN 55331 Donald Berkey 102 Colle Cita San Clemente, CA 92672 Willard Johnson 1660 W: 63rq, St,.,,,,,, ai H }. -24- t,. ' VARIANCI; 1'1:111fTION CASE NO. VARoP-ya y CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPIACATION FOR CONSIDERATION OF PLANNING REQUEST ApPI icanL . Name:�j L;is t Address: wlxtr an Street Date of Application jl / Fee Paid 3s c at ty III g Owner i'ds t First Initial Addres: /G-_ _f}1_L_�S lTA ��AN �LemeNTe �ilr Numvcr and :;Lrcet City State Zip Code Address; ut lltojwrly in question: Legal doscripLion oC property in question: Q__M11y,&cA2 S,(, r# C REEK F R S r A D/ 714 /j Present zoning oL property:_ Present a:�u of prOPurty:_ /vG Proposed use oC property:_�S,w -25- 'e4 The followinU 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 theft ached documents are true, and that I shall reimburse the City op'Ch4nhassen f9X all City expenses incurred in processing this �'9iature of Applicant Siq_nature of Owner Date Receiv�cl by Title Date (Following to be completed by Zoning Administrator or City official) �rrunnrnr.nry — Date -- By Public llcarrng by Board of Ad)ustments and A peals Board of Adjustments and Appeals _postponed to — Ad'a�,-ent_Lro eP-rtY owners notified Application on Council Agenda Council postponed to —. Council action — -26. BOARD OF ADJUSTMENT AND APPEALS On this day of , 19 , this variance action was recommended for (-approval), sapprov—a—IT—for the following reasons: Chairman of Doardus ments an Appee Action by City: On this day of , 19 , the Chanhassen City Counci , Carver and Hennepin Count -es, Minnesota (approved), (disapproved) this variance petition for the following reasons: By order of the Chanhassen City Council Mayor Attest: City Administrator U.1 3'dM3NNIW ale.,arc �O S�cy0�3� (✓Odd `r Z v, s M dlrydM�NNrW ��d7 'szai, ' r ItAl c _ ,-sY N.tnos 3 AV 1 , o /viti 3xv� of aaoY '�l s �C v ►� z Jo? 8 �� > of ylrtos ( '� b�lno % ti N `soa`S�N / o S r HrLo rt( 3 N d v ct - a �o�o • � y�13f N 1,ysQd�d'c6 Sa' N N n. 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