78-01 Variance Schneider Agency Subdivision Requesti
7610 LAREDO DRIVEoP.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
May 18, 1978
Mr. Charles Schneider
680 West 78th Street
Chanhassen, MN 55317
Dear Mr. Schneider:
It has been brought to my attention by the City
Treasurer's Office, that as of yet no escrow deposit
concerning the subdivision request of the Schneider
Agency has been made as prescribed by ordinance.
This escrow deposit will be used to defray the cost
of staff time in processing your request. Before
City Council review of the Schneider Agency subdivision
request, an escrow deposit in the amount of $150.00
will have to be posted with the City Treasurer.
After tabulation of staff costs, the remaining balance
will be returned to the Schneider Agency.
Thank you for your cooperation.
Sincerely,
Bob Waibel
Assistant City Planner
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b. Only Village approved incinerators
and trash and garbage compactors
shall be used.
5. Elevators:
a. All buildings in a C-1 District of
more than 2 stories shall be equipped
with no less than one public elevator.
6. Accessory Buildings:
a. Set back requirements established
for principal buildings in a C-1 District
shall. apply to accessory buildings, ex-
cept that accessory buildings located
within the rear yard of a site adjoining
any C-1, C-2, C-3 or 1-1 District may be
located within 10 feet of the rear or in-
terior side property line.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure.
9.07 Parking.
1. Spaces Required:
a. A minimum of one off-street park-
ing space shall be provided on the build-
ing site for each 300 square feet of gross
floor area within the principal struc-
ture; provided that on building sites uti-
lized primarily for medical and dental
offices, a minimum of six off-street
parking spaces shall be required for
each doctor or dentist maintaining pro-
fessional offices in the principal struc-
ture.
b. When the principal structure is of
such size or capacity as to allow for
accessory uses within said structure,
additional off-street parking spaces
shall be provided at the rate of eight
spaces for each 1000 square feet of
gross floor area devoted to such acces-
sory uses.
2. Design and Construction.
.a. Off-street parking areas shall be so
designed that vehicles may be parked
in a convenient and orderly fashion.
Parking areas shall be surfaced and
maintained with a hard, all-weather,
durable, dust -free surfacing material,
shall be properly drained, and shall be
maintained in a lightly and well -kept
condition. Each parking space shall be
clearly outlined or otherwise marked
and shall have a minimum width of 9
feet and a length of 20 feet exclusive of
aisles and maneuvering space. Clear
aisle widths shall be at least 12 feet for
45 degree parking, 18 feet for 60 degree
parking and 24 feet for 90 degree park-
ing. Open off-street parking which
faces either a public street or residen-
tially zoned property shall have a solid
wall or fence of not less than four feet
in height which shall be maintained in
good condition, and which shall be de-
signed to be architecturally harmoni-
ous with the principal structure. A
screen planting approved by the Coun-
cil may be substituted for the required
wall or fence. The wall or fence shall
.not be used for advertising purposes.
Any lighting used to illuminate off-
street parking areas shall be so ar-
ranged as to deflect the light away
from adjacent properties.
3. Location:
a. No parking area shall be located
closer than 25 feet to the front property
line nor closer than 10 feet to anv build-
ing.
4. Storage:
a. All supplies, equipment and motor
vehicles in excess of 2 of larger than
7,000 pounds licensed gross weight shall
be stored within a completely enclosed
building.
5. Loading:
a. There shall be provided a mini-
mum of one off-street loading facility
for a building having a gross floor area
of 20,000 to 100,000 square feet and one
additional facility for each 100,000
square feet or major fraction thereof
over 100,000 square feet. The location,
design and screening of loading areas
shall be subject to the same restric-
tions applicable to off-street parking
areas.
9.08 Landscaping.
1. All exposed ground areas of a permit-
ted use which are not devoted to drives,
sidewalks, patios or similar uses shall
be landscaped with grass, shrubs,
trees, or other ornamental landscape
materials, which shall be kept neat,
clean and uncluttered. No landscaped
area shall be used for the parking of
vehicles, or the storage or display of
materials, supplies, or merchandise.
9.09 General Regulations.
1. Additional regulations in the C-1 Office
Building District are set forth in Sec-
tion 19.
9.10 Boundaries of the C-1 Office
Building District. The boundaries of the
C-1 Office Building District shall include
the following described tracts and parcels
of land:
SECTION 10. C-2 COMMERCIAL DIS-
TRICT.
10.01 Purpose. The C-2 Commercial
District is intended to provide compact
centers for retail sales and services offer-
ing a wide range of goods and services.
10.02 Permitted Uses. Within a C-2
Commercial District, no building or land
shall be used except for the following
uses: -
1. General retail sales and services, but
not including automobile, truck, trac-
tor, trailer, boat, or other mobile pow-
er -driven equipment sales or services,
building material yards, or automobile
car wash establishments.
2. Financial institutions.
3. Business and professional offices.
4. Restaurants, theaters and taverns, but
not including "drive-in" type service.
5. Dry cleaning and laundry collection
stations and self-service laundries.
6. Mortuaries.
7. Government owned and operated civic
and cultural institutions including, but
not limited to, administrative offices,
libraries, public safety buildings, and
places of assembly.
10.03 Accessory Uses. Within a C-2
Commercial District, the following uses
shall be allowed as accessory to the per-
mitted use:
1. Subordinate uses which are clearly and
customarily accessory to the permitted
use.
2. Repair facilities when operated as
accessory to a retail sales permitted
use, provided that said accessory use
9
shall not occupy more than 30' of the
gross floor area of the principal struc-
ture.
10.04 Conditional Uses. Within a C-2
Commercial District, the following uses
may be allowed, but only upon the secur-
ing of a Conditional Use Permit:
1. Auto service stations for gasoline, oil,
tire, battery and accessory sales, ex-
cluding .body and major power train
repair; and provided that, in addition to
such other conditions as may be pre-
scribed by any conditional use permit,
the following minimum standards shall
apply:
a. No service station structure, park-
ing area or driveway except access
driveways shall be located within 100
feet of any portion of an R-lA, R-1 or 11-
2 Residential District.
b. A Service station site shall have a
frontage of not less than 150 feet on a
public street, and shall have not less
than two places of access to a public
street_ The total site area shall be not
less than 20,000 square feet.
c. Fuel pump islands shall be set
back not less than 25 feet from any
property line.
d. Hoists, pits, lubrication, washing,
and repair equipment shall be enclosed
within the principal structure.
e. All driveway and parking area
surfaces shall be constructed and main-
tained in the same manner as pre-
scribed for parking areas in this dis-
trict.
f. The storage of wrecked or junked
vehicles shall not be permitted on an
auto service station site.
2. Establishments of the "drive-in" type,
except drive-in theaters, offering goods
or services directly to customers wait-
ing in parked motor vehicles; provided
that, in addition to such other condi-
tions as may be prescribed by any con-
ditional use permit, the following mini-
mum standards shall apply:
a. No structure, parking area, or
driveway except access driveways
shall be located within 100 feet of any
portion• of an R-1A, R-1 or R-2 Residen-
tial District.
b. Each site shall have a frontage of
not less than 150 feet on a public street,
and shall have not less thau two 1221aces
of ae,cas o a o5Ui 1 s r rt The total
site area shall be not less than 20,000
square feet.
c. Parking areas shall have a front
yard having a depth of not less than 25
feet and a side yard having a depth of
not less than 10 feet.
3. Hotels and motels.
4. Parking ramps.
5. Private clubs and lodges organized as
non-profit corporations.
6. Passenger facilities for mass transit
services.
10.05 Height, Yard, Area, and Lot
Width and Depth Regulations
1. Height Regulations:
a. No structure shall exceed 45 feet
in height as measured from the average
grade of the surrounding lot area.
2. Front Yard Regulations:
a. There shall be a front vard having
a depth of not less than 25 feet, except
that a site facing on an R-IA R-1 or R-2
Residential is ric snall nlave a front
yard having a depth of not less than 100
feet.
b. A lot located at the intersection of
two or more streets shall have a front
yard depth -on each street side of not
less than the depth required under
subsection 2l a ► above.
3. Side Yard Regulations:
a. A site adjoining an R-1A, R-1 or
R-2 Residential District -shall have a
side yard having a depth of not less than
75 feet.
4.�ar Yard Regulations:
a. A site adiQinin an R-1A R-1 or R-
2 Residential Districts a rear
ara havinga ae t o not thjn T;)
f
5. Lot Area Regulations:
a. Not more than 25% of the lot area
shall be occupied by buildings.
6. District Area Regulations:
a. Each C-2 Commercial District
shall have an area of not less- than 5
acres, unless such district adjoins an-
other C-2 District or a C-3 District.
10.06 Building Design and Construc-
tion. Building design and construction
within a C-2 District shall be governed by
the provisions of Seption 9.06 of this ordi-
nance, except as hereinafter set forth:
1. Accessory Buildings:
a. Set back requirements established
for buildings in a C-2 District shall ap-
ply to accessory buildings.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure.
10.07 Parking.
1. Spaces Required:
a. The minimum number of off-street
parking spaces required on the building
site for each of the following permitted
uses shall be:
General Retail Sales and Services,
Financial Institutions: One spaceper
150 square feet of principal structure
gross floor area.
Business and Professional Offices,
except medical and dental-- One
space per 300 square feet of principal
structure gross floor area. -
Medical and Dental Offices: Six
spaces for each doctor or dentist
maintaining professional offices in
the principal structure.
Restaurants, . Theaters and
Taverns: One space per 300 square
feet of principal structure gross floor
area or one space per 3 seats in place
of assembly, whichever is greater.
Government Buildings: 10 spaces
plus one space per 500 square feet of
principal structure gross floor area.
Mortuaries: One space for each
employee and one space for each 3
seats in the place of assembly.
2. Design and Construction:
a. The design and construction of off-
street parking areas in a C-2 District
shall be governed by the provisions of
Section 9.07 of this ordinance.
3. Location:
a. The parking area may abut the
property line if the abutting property is
zoned C-2 or C-3. Parking areas adjoin-
ing all other districts shall not be locat-
ed closer than 25 feet to the side or rear
property line. Truck traffic shall be
routed around and not through automo-
bile parking areas.
4. Loading:
a. An off-street loading facility shall
be provided with an area of not less
than 12• feet in width and 65 feet in
length, exclusive of aisles and maneu-
vering space. Such facility shall be at
the rear of principal structure and shall
be used exclusively for the loading and
unloading of merchandise. All such fa-
cilities, aisles and maneuvering space
shall be surfaced in the same manner
as that prescribed for parking areas.
5. Storage:
a. All supplies, equipment, and mo-
tor vehicles in excess of 2 of larger than
7,000 pounds licensed gross weight shall
be stored within a completely enclosed
building.
10.08 Landscaping.
1. All exposed ground areas of a permit-
ted use which are not devoted to drives,
sidewalks, patios or similar uses shall
be landscaped with grass, shrubs,
trees, or other ornamental landscape
materials, which shall be kept neat,
clean, and uncluttered. No landscaped
area shall be used for the parking of
vehicles or the storage or display of
materials, supplies. or merchandise.
10.09 General Regulations.
1_ Uses permitted in the C-2.Commercial
Districts shall be subject to the follow-
ing conditions:
a. All business establishments shall
be retail or service establishments
which deal directly with customers. All
goods produced on the premises shall
be sold on the premises where pro-
duced.
b. All business, servicing or process-
ing, except for off-street parking and
off-street loading, shall be conducted
within completely enclosed buildings.
c. All activities involving the produc-
tion, processing, cleaning, -servicing,
testing or repair of materials, goods or
products shall conform with the perfor-
mance standards established for the I-1.
Industrial District in Section 12 of this
ordinance, provided that the perfor-
mance standards shall in every case be
applied at the boundaries of the lot on
which such activities take place.
2. Additional regulations in the C-2 Com-
mercial District are set forth in Section
19.
10.10 Boundaries of the C-2 Commer-
cial District.
The boundaries of the C-2 Commer-
cial District shall include the following
described tracts and parcels of land:
SECTION 11. C-3 COOYMERCIAL
SERVICE DISTRICT.
11.01 Purpose. The C-3 Commercial
Service District is designed to furnish
areas served by other retail business dis-
tricts with a wide range of services and
goods which might otherwise be incom-
patible with the uses permitted in retail
business districts. This district is intend-
ed as a business district which may be
located in separate areas adjacent to oth-
er retail business districts and thus help
to keep the basic retail areas compact
and convenient, and in other separate
areas to provide a district which may be
located in close proximity to a major tho-
roughfare or highway in order that high-
way service types of land uses can be
provided.
11.02 Permitted Uses. Within a C-3
Commercial Service District, no building
or land shall be used except for the follow-
ing uses:
1. Sales, services and major repair of
motor vehicles, boats, and mobile pow-
er driven recreational equipment.
2. Auto service stations, provided that
the minimum standards of Section
10.0401 of this ordinance shall apply.
3. Establishments of the "drive-in" type
offering goods or services directly to
customers waiting in parked motor
vehicles, provided that the minimum
standards of Section 10.04(2) of this
ordinance shall apply.
4. Greenhouses for retail sales only.
5. Financial institutions.
6. Hotels and motels.
7. Restaurants, theaters and taverns.
8. Dry cleaning and laundry collection
stations, and self-service laundries.
9. Retail plumbing, heating, television,
radioand appliance sales and repair.
10. Mortuaries.
11.03 Accessory Uses. Within a C-3
Commercial Service District, the follow-
ing uses shall be allowed as accessory to
the permitted use:
1. Subordinate uses which are clearly and
customarily accessory to the permitted
use.
11.04 Conditional Uses. Within a C-3
Commercial Service. District, the follow-
ing uses may be allowed, but only upon
the securing of a Conditional Use Permit:
1. Uses allowed in the R4, CA and C-2
Districts.
2. Commercial greenhouses and land-
scaping businesses.
3. Parking ramps.
4. Private clubs and lodges organized as
non-profit corporations.
5. Passenger facilities for mass transit
services.
11.05 Height, Yard, Area and Lot
Width and Depth Regulations.
1. Height Regulations:
a. No structure shall exceed 45 feet
in height as measured from the average
grade of the surrounding lot area.
2. Front Yard Regulations:
a. There shall be a front yard having
a depth of not less than 40 feet, except
that a site facing on an R-lA. R-1 or R-2
Residential District shall have a front
yard having a depth of not less than 100
feet_
b_ A lot located at the intersection of
two or more streets shall have a front
yard depth on each street side of not
less than the depth required under
subsection 2l a i above.
3. Side Yard Regulations:.
a. A site adjoining an R-1A, R-1 or R-
2 Residential District shall have a side
yard depth of not less than 75 feet.
10
CITY OF 9
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: June 15, 1978
TO: City Manager, Don Ashworth
FROM: Assistant City Planner, Bob Waibel
SUBJ: Schneider Agency Subdivision Request
PLANNING CASE: P-469
APPLICANT: Charles M. Schneider
Petition
The petition before the city council at this time is to consider for
approval,conveyance of land by metes and bounds from Schneider Agency
to the State Bank of Chanhassen. Specifically, this involves a
variance to Section 13.01 of Ordinance 33, which prohibits the conveyance
of land by metes and bounds.
Background
Community Location: As shown in enclosure 1, the subject property is
the Chanhassen State Bank site located about 600 feet west of the
intersection of West 78th Street and Laredo Drive.
Existing Zoning: The subject property is presently zoned C-2, commercial
district.
Utilities: Sanitary sewer and water are in service to the subject
property.
Planner's Comments
1. As shown in enclosure 2, the parcel requested to be conveyed extends
50 feet west of the most southwesterly point of the property presently
owned by the State Bank of Chanhassen, north a distance of 464 feet,
east a distance of 140 feet, south a distance of 185.5 feet, west
a distance of 139.98 feet and south to the point of beginning. This
parcel contains approximately 49,050 square feet.
2. In the attached letter (reference enclosure 3) dated March 21, 1978,
from Mr. Charles Schneider, this request is :being made because of past
Mr. Don Ashworth -2- June 15, 1978
understandings between the State Bank of Chanhassen
Agency, that the "Agency" would transfer property to
Also stated in the letter isth& the transfer of the
the accomodation of additional parking and drive -up
arises.
and the Schneider
the Bank as needed.
parcel is for
lanes as the need
3. In the attached Planning Commission minutes of April 12, 1978, it
was determined that the City Hall property to the north is incorrectly
zoned R-lA. Pursuant to section 10.04(2)(a), Ordinance 47, "No structure,
parking area, or driveway except access driveways, shall be located
within 100 feet of any portion of an R-lA, R-l.or R-2 residential
district." Also, Section 10.05(2)(a), Ordinance 47, states "There
shall be a front yard having a depth of not less than 25 feet except
that a site facing on an R-lA, R-1, or R-2 residential district shall
have a front yard having a depth of not less 100 feet." These
requirements are illustrated on the attachment labeled exhibit A.
Although this office does not have an original site plan of the Bank
building readily available, it would appear as though the latter of
the two aforementioned requirements would find the existing facility
non -conforming to the front yard requirements.
4. Section 10.04(2)(b) states that "each site shall have a frontage
of not less than 150 feet on a public street,&shall have not less than
two places of access to a public street." The proposal at hand would
place the subject property in conformance with the frontage requirements,
however, it would remain technically deficient to the second access
requirement. I believe, that due to the mobility function of West
78th Street, that the applicant should not be bound to the second
access requirement.
5. The above stated requirements are or will be, for all intents and
purposes, enforceable, but of less.:importance to conditions of subdivision
& cg greater importance to the future development of the property. I
would submit, that despite the residential zoning of some of the surround-
ing properties, most of these surrounding properties will assume a
more commercial identity as time goes on.
6. In attempting to assess the need for a conveyance of land such
as that proposed, it would seem appropriate to surmise, that a
banking facility such as Chanhassen State Bank, will expand along with
the community.
7. The future use of the to be added parcel for parking and drive up
lanes, will require no additional municipal services.
Planner's Recommendation
I recommend that the City Council look with favor upon the request of
Schneider Agency for the following reasons:
1. That there are no additional municipal service considerations to
be made if the new parcel is to be used for parking, or drive up lanes,
as mentioned in enclosure 3.
2. That it seems conveyance of the requested amount of land and it's
disposition is a reasonable variance request in considering the relative
uncertainty as to the ultimate size of the banking operation.
Mr. Don Ashworth -3- June 15, 1978
3. That the present residential zoning of the surrounding properties
will in all likelihood assume a more commercial identity in the future.
Action by CItY pdT"Istrator
Endorsed-
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AND.. SCHOOL DISTRICT NO, 112
BK 6 MISC, P 528 . .
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JOHN P BROSE
BK 39, P 300 So So
N in VILLAGE" OF CHANHASSEN
N SK 90, P 43
• ONp ! BK 96, P 358
O SK 115. P 204
' 0
• � . �- it �.• RICHARD STEINER
SK 420. R-33
Pub lc t-, q- SCHNEIDER AGENCY,
Of- Woy e$mk SK 97,' P 722
JOHN P RR D
;� •r M1 m s d ow 8K 39. P, 300 S
r
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�` ••••» S88o06.2OffE •4t;': CARVER COUNTY. •••• %3¢9, 7•.... 1
SK 115. P. 264 ,. 9
SCHNEIDER AGENCY, INC.
"For All Your Insurance Needs"
PHONE. BUS. 474-5401 PHONE. HOME 474.8902
CHANHASSEN. MINNESOTA
55.3L7 as6-2691
March 21, 1978
City of Chanhassen
Chanhassen, Minnesota
Subject: Variance Petition
Gentlemen:
We respectfully request a variance witY,irespect to a
conveyance to State Bank of Chanhassenna parcel of land
shown on the enclosed sketch plan.
Transfer of this parcel is necessary to accommodate the
need for additional parking area for the bank, and to
provide for additional drive -up lanes when the need arises.
Because of capital limitations, the bank purchased a min-
imum amount of land from Schneider Agency, Inc. at the
time the bank building was constructed, with the under-
standing that if the growth of the bank required more
land at a later date, Schneider Agency, Inc. would trans-
fer property to the bank as needed.
We expect that the bank will eventually acquire all or
most of the parcel owned by Schneider Agency, Inc.
We do not believe that platting of the Schneider Agency,
Inc. parcel is feasible at this time because of the rea-
sons mentioned above.
Very truly yours,
SCHNEIDER AGENCY, INC.
C. M. Schneider
Vice President & Treasurer l`^��;t'� ,
1978
.7/o oe eSlI7J�
loo
t.I.1
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990
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IND.. SCHOOL DISTRICT NO. 112
8i< 6 MISC, P 528 •
JOHN P BROSE
SK 39, P 300 50 50
N Am
svcoVILLAGE OF CHANHASSEN
o BK 90, P 43
p+� i' SK 96, P 358 YEcT cu
Oh 8K 115, P 204 Q 0• 7
RICHARD STEINER 0
• yt �/ f r� BK 120, P. 33
L.3 .».... ..` 55 7—. — r 433
SCHNEIDER AGENCY,
Pub/ic' righ�- +N�. -
OF- Way esrnl. 8K 97, P. 722
`• ,S�ctl6A
139.90
�J oxa
JOHN P BROSE C
.l BK 39, P. 300
359-97—
N 33
" 588006'20' CARVCR COUNTY. .... ��
l3yc9.97.....
BK 115, P 264
•t
., 1..
Planning Commission Meeting May 10, 1978 -4--
SUBDIVISION - JAMES MC CLEARY; Dick Matthews moved to table the
public hearing discussion until May 24th at,which time the developer
will submit alternative locations for the outlot, comments with respect
to covenants, the purpose of the trail, and comply with Sections 7
and 8 of the Subdivision Ordinance. Motion seconded by Les Bridger
and unanimously approved.
PUBLIC HEARING
SUBDIVISION - SCHNEIDER AGENCY
Roman Roos called the hearing
interested persons present:
Charles Schneider;.680 West
Bernard Schneider, 680 West
Russell Larson
Bill Brezinsky
to order at 9:30 p.m. with the following
78th Street:
78th Street
Bob Waibel read the.official-.notice. as published in the Carver County
Herald.
The purpose of this hearing is to consider -the conveyance of 48,993
square feet of land by metes and bounds to the State Bank of Chanhassen
to.all.ow for additional.parking and for future expansion of a drive -up
lane.:
The City Attorney explained that the City Hall is -a non -conforming use
as it was constructed prior to.the:enactment of the Zoning Ordinance.
Dick Matthews moved to close the public hearing. Motion seconded by
Jerry Neher and unanimously -approved. _Hearing closed at 9:45 p.m.
SUBDIVISION SCHNEIDER AGENCY: The. City Attorney stated he felt
. -t e rezon ng.o City Hall -is not_r.el-ated to the.Schneider Agency
subdivision.
Jerry Neher moved to recommend the Council approve the subdivision
of 48,993.square feet of land by metes and bounds to the State Bank
of Chanhassen. Motion seconded by Walter Thompson and unanimously
approved.
PUBLIC HEARING
SUBDIVISION - JOHN SCHEVENIUS
Roman Roos called the hearing to order at-.9:48 p.m. with the following;
interested persons present:--,
John Schevenius
Joseph Smith
Russell:Larson
_:.Bill Brezinsky
The Assistant City Planner read the official notice as published in
the Carver County Herald.
The purpose of this hearing is to consider subdivision of Lots 11, 12,
13, 16, 17, 18, 54',!55, and 55, Pleasant View Addition into four lots.
The proposal is to sell the easterly most 45 feet of Lots 17, 12, and
55, excepting the northern 140 feet of Lot•12, to the owner of Lots 18
and 56. The Council-will.deal.with the question of the sewer and water
assessments.
planning
Commission �aeting April 12, 1978 '9'
the preliminary development plan for..Minnewashta Creek First
Addition. Motion seconded by Hud Hollenback and unanimously approved.
pRELIMINARY PLAT - JAMES MC CLEARY: Mr.'McCleary is proposing to
su ivi e . -acres into seven single family lots and one,outlot.
Mr. McCleary stated it.is his intention to sell 1/3-undivided interest
in Outla dockachof the The outlotfhaske lots. He oea:good swimmingsnot proposed to
constructbeach
Dick Matthews moved to hold a public hearing on May 10, 1978, at
or
outl p.m.
for James McCleary.-Mootionasecondedtby Hud Hollenback ional use -permit fand
Outlot A McCleary.- -� _ - -
unanimously approved._
SKETCH PLAN COLONIAL GROVE SECOND ADDITION: Mr. Bloomberg was
present to iscuss isrproposed subdivision.of 16.4 acres into 30
single family lots -and one common lot on property located on the._
west side of Chanhassen Road adjacent to Colonial Grove.
The Planner recommended that the -Planning Commission encourage the
applicant to.prepare'a preliminary development plan in accordance
with Sections 7 through 9 of Ordinance 33 and the Zoning'Ordinance.
Said plan should include a narrative statement and drawings that
describe the proposed use of the common -lot and detailed dimensions
of the sedimentation pond and --the lots adjoining the pond.
Frank Kurvers was present and expressed concern about the drainage.
The Engi.rieer:explained that the existing culvert under Cheyenne
has been blocked and-the.water from .this proposed subdivision will
gather in the sedimentation pond and flow through a storm sewer to
the north.
Mr. Bloomberg was told to proceed with preliminary development plans.
SCHNEIDER AGENCY, INC. - VARIANCE REQUEST: Charles Schneider was
present requesting a -variance to Section 3.01 of Ordinance 33
to convey by metes and bounds, 48,993 square feet of land to the
State ,Bank -:of --Chanhassen to be used : for additional .parking 'and to
provide for:=additional drive -up lanes when the`_ -need arises-.-.--
During-the=discussion on' setback requirements it,�_was discovered that
the -City Hall property.is incorrectly -zoned. This will be taken care
of -.at a later time.:-.- -
Hud Hollenback moved to hold a public hearing on May 10, 1978, at
9:15 p.m. to consider -the variance requested by the Schneider Agency,
Inc.- Motion,: seconded by* Walter. Thompson-�and-iznanimously. approved.
SUBDIVISION REQUEST -FOR LOTS 11, 12, 13,,16:'17;-18, 54, 55, AND 56,
PLEASANT IEW ADDITION: Jo n Sc evenius was present requesting to
subdivide the above listed lots into four lots proposed as Tracts A,
B, C, and D. The proposal is to essentially sell the easterly most
45 feet of Lots 17, 12, and 55 excepting the northern 140 feet of Lot 12,
to the owner of Lots 18 an& 56. Lots- 55; 54,-17 and 16 have two water
�. and sewer laterals and two water and sewer trunk units assessed.
Lots 56 and 18 presently have one -.sewer -and water lateral and one
sewer and water trunk unit assessed. The geometry of the existing
propertysplit• in: Lots 12 : and 13 has --created a substandard lot
deficient in lot 'area: The Planner recommended-the.Planning Commission
111 -�ida it of Publication
Sate of Minnesota )
) ss.
County of Carver )
CITY OFCHANHASSEN
William McGarry
CARVER AND HENNEPIN
— being duly sworn, on oath says he is and during
COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING ON
all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full
knowledge facts herein follows: Said is in the English language in format
PROPOSED
SAGENCYUBDIVISION OF LAND FOR
of the stated as (1) newspaper printed newspaper
SCHNEIDER
EGIVEN
and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly
NOTICE IS HEREBY That the Planning
and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest
Commission of the City of Chanhassen, Minnesota will
to the community which it purports to serve and does not wholly duplicate any other publication and is not made up
meet on Wednesday, the loth day of May, 1978, at 9:15
p.m. at the City Hall, 7610 Laredo Drive,
entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which
Chanhassen,
Minnesota, for the purpose of holding a hearing
it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75'% of its
public to
consider the subdivision by metes and bounds of the
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local
following described property:
"All
post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known.,
that part of the East 623 feet of the Southwest
Quarter (SW % of the Southwest 1/4)
office of issue in the City of Chaska in said county, established and open during its regular business hours for the
Quarter (SW of
Section 12, Township 116, Range 23, Carver
gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said
Minnesota, lyCounty,
ing Southerly of the North 884.98 feet
newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at
thereof, excepting therefrom the East 433 feet
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State historical
thereof."
Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates
A plan showing said conditional use is available for
inspection at the city hall.
of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,
persons
lltiime iplacested may appear and be heard
1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the
said and at
managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper.
Dated: April ORDER
RO
BY ORDER OF THE PLANNING COMMISSION
Public Hearing
He further states on oath that the printed _
y Planner
(Publish in the CarverBruce CountyyaHerald ontApril 26,
1978)
hereto attached as a part
hereof was cut from the columns of said newspaper, and was printed and published therein in the English language,
once each week, for Onesuccessive weeks; that it was first so published on Wed. the 26th
day of AA nr� 19--7&d was thereafter printed and published on every to and
including the day of 19_ and that the following is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and
publication of said notice, to wit:
abcdefghijklmnopgrstuvwayz
Subscribed and sworn to before me this J 8&day of
(Notarial Seal)
Notary public, —Countu.Nwineauta
My Commission Expires 19;t
--------------------------------------
LORRAINE LAND
` �t NOTARY PUBLIC — MINNESOTA
`� CARVER COUNTY
�•^ My Commission Expires June 29, 1982
'tJ•id iIP1JL'i'PI1OI11' NN'oI0A1
1
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: May 3, 1978
TO: Planning Commission and Staff
FROM: Assistant City Planner, Bob Waibel
SUBJ: Subdivision Request, Schneider Agency, Public Hearing
PLANNING CASE: P-469
APPLICANT: Charles M. Schneider
Please include the attached with your copy of Exhibit 1, Schneider
Agency Subdivision request.
Enclosures
1. Planning Commission minutes dated April 12, 1978.
2. City Planner's report dated May 3, 1978.
3. Exhibit "A" Setback Graphic.
Planning Commissic- Meeting.April-l2, 1978 -9-
e preliminary-development."plan for.-.Minnewashta Creek First
ition. Motion.sedonded by-Hud Hollenback.and unanimously approved.
PRELIMINARY PLAT - JAMES-MC CLEARY:- Mr. McCleary is proposing to
subdivide k.,.acres.~into seven single family.lots and.one.out ot.
Mr. McCleary stated it. is his intention: to self, 1/3..undivided -interest
in Outlot A to each of the off -lake lots. He does not proposed to
construct a- dock-: .The outlot has a: good- swimming beach .. -- . -_.
Dick Matthews moved to hold a public hearing on May 10, 1978, at
8:30 p.m.- to -consider 'subdivision- and, a :conditional use -permit.-for
Outlot- A for James McCleary. -- -Motion --seconded=by.-Hud-_Hollenback :and
unanimously. approved-: ,. _.. ..
SKETCH PLAN - COLONIAL GROVE SY�CONU-ADDITION: -Mr.--Bloomberg was 7.
present to iscuss is -propose sub vision.of,16:4 acres. -into 30
single family -lots rand one- -common lot on property located_.: on the
west side of Chanhassen Read adjacent to Colonial Grove..
The Planner redommende.dthat the,:Planning-Conmaission encourage the
applicant to.prepare`a preliminary.development plan in accordance
with Sections 7 through 9-of Ordinance-- 33-.and the Zoning -Ordinance.
Said plan should Laclude a.narrative statement and drawings that
describe the proposed use of.the common -lot and detailed dimensions
of the sedimentation -pond--and--the. lots :adjoining the-. port
Frank Kurtrers was present and expressed concern about the draln.age.
The Engineer explained that the existing culvert under -Cheyenne
has been blocked and`the°water from this proposed subdivision will
- -gather in the -sedimentation -pond .and flow through. a 'storm- sewer to
t north.
r. Bloomberg,was-told to:proceed with preliminary development plans..
SCHNEIDER AGENCY, INC-. -- VARIANCE REQUEST: Charles Schneider was
present requesting a -variance to ectzon- 3.01 of Ordinance�33
to convey by metes and bounds, 48,993 square feet of land to the
State.--Bank-:of-:Chanhassen to ;be used -for additional -.parking -"and to
provide for: additional'.: drive -Up. lanes:_when' the_ -heed arises :
During --the discussion on -setback requirements it_was discovered that
the -City- Hall property: is -incorrectly-zoned., -.This will be' taken care
of-_ at-- a later time. -
Hud Hollenback moved to hold a public hearing on May 10, 1978,. at'
9:15 p.m. to -con'sider .the variance requested by .the Schneider Agency,
Inc.- Motion -:seconded by Walter -Thompson -,and -unanimously -approved.-
I IVISION REQUEST FOR -LOTS 11, 12; 13, 16;:.1 y 55 AND 56,
PL' VIEW ADDITION: Jon Sc evenius was P'� sent requesting to
subdivide the -above liiTted lots into four lots proposed as Tracts A,
B, C,=and D. The'proposal-is to essentially.sell the easterly most
45 feet of Lot's."Al, 12, and 55 excepting . the. northern 140 feet of Lot 12
to the owner of-7Lots 18 and. 56.. - - ots-:-55; - 54,:-17 :and 16 have two water
and sewer laterals and two water and sewer trunk units assessed.
Lots-56.`and 18 presently•have.one.se-wer-and water .lateral and one
sewer and water trunk unit assessed. The geometry of the existing
property split.': in: -Lots 12': and 13 has-: created a substandard lot -
deficient in -lot-area�' The-- Planner recommended- the Planning- Commission
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP 0 BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: May 3, 1978
TO: Planning Commission, Staff and Charles M. Schneider, 680 West
78th Street, Chanhassen, MN 55317
FROM: Assistant City Planner, Bob Waibel
SUBJ: Subdivision Request, Schneider Agency, Public Hearing
PLANNING CASE: P-469
APPLICANT: Charles M. Schneider
Petition
The public hearing being held for this request is to consider the
conveyance of land by metes and bounds to the State Bank of Chanhassen.
Planner's Comments
1. As indicated in the attached Planning Commission minutes, it was
determined that the City Hall property to the north is incorrectly
zoned R-lA. Pursuant to Section 10.04 (2)(a), Ordinance 47, "No
structure, parking area, or driveway except access driveways shall be
located within 100 feet of any portion of an R-lA, R-1 or R-2
Residential District." Also, Section 10.05(2a), Ordinance 47 states:
"There shall be a front yard having a depth of not less than 25 feet
except that a site facing on an R-lA, R-1, or R-2 Residential District
shall have a front yard having a depth of not less than 100 feet.
These requirements are illustrated on the attachment labeled Exhibit
"A". Although this office does not have an original site plan of the
bank building readily available, it would appear as though the latter
of the two aforementioned requirements would find the existing facility
non -conforming to the front yard requirements.
Section 10.04 (2)(b) states that "each site shall have a frontage of not
less than 150 feet on a public street and shall have not less than two
places of access to a public street." The proposal at hand would place
the subject property in conformance with the frontage requirement,
however it would remain technically deficient to the second access
requirement.
'Planning Commission -2- May 3, 1978
These stated requirements are or will be, for all intents and purposes,
enforceable, but, of less importance to conditions of subdivision
and of greater importance to the future development of the property.
I would submit that if the Planning Commission is to give a positive
recommendation to this subdivision, it should simultaneously make
a commitment to expedite the rezoning of the City Hall property thus
allowing optimum economical use of the subject property.
If and when expansion of the bank facility eventuates, I suggest that
alternatives to the second entrance requirement be studied.
Planner's Recommendation
I recommend that the Planning Commission look with favor upon this
request, contingent to its own initiative to properly rezone the City
Hall property, and recommend the City Council approve the request
as proposed.
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 __April 25 19 78 , 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
proposed subdivision of land for Schneider Agency, Chanhassen, MNinthe
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 other
appropriate records.
Subscrib-d and sworn to before me;
this L/ day of
Nota ublic
Don Ashworth
City.Manager
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING ON PROPOSED
SUBDIVISION OF LAND FOR SCHNEIDER AGENCY, CHANHASSEN,
MINNESOTA
NOTICE IS HEREBY GIVEN That the Planning Commission of the City
of Chanhassen, Minnesota will meet on Wednesday, the loth day of May,
1978 at 9:15 p.m. at the City Hall, 7610 Laredo Drive, Chanhassen,
Minnesota, for the purpose of holding a public hearing to consider
the subdivision by metes and bounds of the following described property:
"All that part of the East 623 feet of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of Section 12, Township 116, Range
23, Carver County, Minnesota, lying Southerly of the North 864.98
feet thereof, excepting therefrom the East 433 feet thereof."
A plan showing said conditional use is available for inspection
at the city hall.
All persons interested may appear and be heard at said time and
place.
Dated: April 24, 1978 BY ORDER OF THE PLANNING COMMISSION
Bruce Pankonin, City Planner
Publish in the Carver County Herald on April 26, 1978.
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: March.22, 1978
TO: Planning Commi s s;ion
FROM: Bob Wa,ibe.l, Ass;ist4nt City Planner
SUBJ: Variance Request for Schneider Agency, Inc.
PLANNING CASE: P-469
PETITIONER: Charles M. Schneider
Petition: Mr. Schneider (.Schneider Agency) is requesting to
corivey by metes and bounds, 48,993 square feet of land to the
State Bank of Chanhassen. A variance is being requested to Section
13.01 of Ordinance 33, which prohibits the conveyance of land by
metes and bounds.
Background:
1. Community Location: As shown in enclosure 1, the subject
property is the Chanhassen State Bank site located about 600
feet west of the intersection of West 78th Street and Laredo
Lane.
2. Existing Zoning: The subject property is presently zoned
C-2, Commercial District.
3. Utilities: Sanitary sewer and water are in service to the
subject property.
Planner's Comments:
1. As shown in enclosure 2, the parcel requested to be
conveyed extends 50 feet west from the most southwesterly point
of the property presently owned by the State Bank of Chanhassen,
north a distance of 464 feet, east a distance of 140 feet, south
a distance of 185.5 feet, west a distance of 139.98 feet and south
to point of beginning. This parcel contains approximately 49,050
square feet.
2. As shown in enclosure 3, this request is being made because of
past understandings between the State Bank of Chanhassen and the
Schneider Agency, that the "Agency" would transfer property to the
bank as needed.
10
PLANNING REPORT -2- MARCH 22, 1978
3. The applicant at this time, should indicate the probable
use of the land to be conveyed, and also indicate if the use(s)
are of a permanent or temporary nature.
Planner's Recommendation:
I recommend that the Planning Commission order a public hearing for the
proposed subdivision for the following reasons:
1. That there are no additional municipal services considerations
to be made if the new parcel is to be used for parking, or drive -up
lanes, as mentioned in enclosure 3.
2. That is seems conveyance of the requested amount of land'and its
disposition is a reasonable variance request in considering the
relative uncertainty as to the ultimate banking operation that will
take place.
SCHNEIDER AGENCY, INC.
"For ,f11 Your Insurance Needy"
PHONE. BUS. 474•5401 PHONE, HOME 4I4-8902
CHANHASSEN, MINNESOTA 35317 g26.2691
March 21, 1978
City of Chanhassen
Chanhassen, Minnesota
Subject: Variance Petition
Gentlemen:
We respectfully request a variance witYeespect to a
conveyance to State Bank of Chanhassen4a parcel of land
shown on the enclosed sketch plan.
Transfer of this parcel is necessary to accommodate the
need for additional parking area for the bank, and to
provide for additional drive -up lanes when the need arises.
Because of capital limitations, the bank purchased a min-
imum amount of land from Schneider Agency, Inc. at the
time the bank building was constructed, with the under-
standing that if the growth of the bank required more
land at a later date, Schneider Agency, Inc. would trans-
fer property to the bank as needed.
We expect that the bank will eventually acquire all or
most of the parcel owned by Schneider Agency, Inc.
We do not believe that platting of the Schneider Agency,
Inc. parcel is feasible at this time because of the rea-
sons mentioned above.
Very truly yours,
SCHNEIDER AGENCY, INC.
C. M. Schneider
Vice President & Treasurer
AIAR 1978
.
VARIANCE PETITION P CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application
Fee Paid Dat-e
Received�,y
March 21, 1978
Applicant:
Name: Schneider Agency, Inc.
Last First Initial
Address • 680 West 78th St., Chanhassen, Minnesota 55317
Number and Street City State Zip Code
Owner Schneider Agency, Inc.
Name: _
Last First Initial
Address: 680 West 78th St., Chanhassen, Minnesota 55317
Number and Street City State Zip Code
Address of Property in question:
680 West 78th St., Chanhassen, Minnesota
Legal description of property in question:
All that part of the East 623 feet of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of Section 12, Township 116, Range 23, Carver County,
Minnesota, lying Southerly of the North 864.98 feet thereof, excepting therefrom
the East 433 feet thereof.
Present zoning of property:- Commercial
Present use of property: Bank parking space, and :part agricultural
Proposed use of property: Bank parking space, and future drive -up lane.
-25- Q
The following documents shall be attached to this application:
Date Received Initial
Sketch Plan
2, Abstractors Certificate
3. Fee 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.
Schneider Agency, Inc.
Signature of Applicant,
Schneider Agency, Inc.
Signature of Owner a
.3, �/_ 7f
Date
Received by Title Date
(Following to be completed by Zoning Administrator or City official)
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CITY 01=
CHASHA SEX
7610 LAREDO DRIVEeP.O. BOX 1470CHANHASSEN, MINNESOTA 56317
(612) 474-8885
January 12, 1978
Mr. Charles Schneider
Schneider Agency, Inc.
680 W. 78th Street
Chanhassen, Mn. 55317
Re: State Bank Contract for Deed
41 Dear Mr. Schneider:
I have enclosed the copies of the Application for Variance
Request and Sections 13 through 20 of the Chanhassen Subdivision
Ordinance 33 which pertains to your request. The procedure that
follows completion and submission of the application, is review
of your request by the Board of Adjustments and Appeals, and
subsequent City Council review, taking into account the recom-
mendations of Staff and The Board of Adjustments and Appeals.
Should you have any questions or comments, please do not hesitate
to contact me.
Sincerel
Bob Waibel
Assistant City Planner
BW:n
Enc.
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL 41le-
HARVEY E. SKAARL 65
Mr. C.M. Schneider
Schneider Agency, Inc.
680 W. 78th Street
Chanhassen, MN 55317
Dear Charlie:
LAR801V & MERTZ, LTD.
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA S5402
TELEPHONE
(612) 33S-9665
December 29, 1977
Re: State Bank Contract for Deed
With reference to your request
preparation of a warranty deed
Chanhassen that parcel of land
contract for deed of January 2,
comments:
of December 21, 1977 regarding
conveying to State Bank of
which is the subject of the
1974, I offer the following
The conveyance called for under the contract will necessitate
the use of a metes and bounds description, and as such, will
conflict with the Chanhassen Subdivision Ordinance, which has
the effect or prohibiting the recording of conveyances wherein
the lands are described by metes and bounds unless a variance is
granted by the City Council. You should contact the City Planning
Department to institute the variance request.
In order to shorten and clarify the description, I propose that
the initial parcel conveyed by the Agency to the Bank in 1973 be
included in the description to be used in the present conveyance.
The new description would read as follows:
All that part of the East 623 feet of the Southwest
Quarter (SW 1/4) of the Southwast Quarter (SW 1/4) of
Section 12, Township 116, Range 23, Carver County,
Minnesota, lying Southerly of the North 864.98 feet
thereof, excepting therefrom the East 433 feet thereof.
This description should be used for the variance application.
I hesitate to prepare the necessary deed until the Council has
acted favorably on the variance. Bob Waibel is the assistant City
Planner, and the person you should talk with concerning the matter.
Attached are two copies
outlined in blue and the
I will hold the abstract
until I hear from you.
RHL:mep
Enc 1.
of a sketch showing the initial bank parcel
proposed additional land outlined in red.
of ti and contract for deed in my file
Ve y ruly urs,
/Gdi4
RUSSELL H. LARSON
Chanhassen City Attorney
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