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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 BW: jm ati ' �"•. e� � .� � t. curl ", �r! ��- � �dl X#, #! ;, , a� �� � to r t•� � < ���, ,�. she.? l �•,r i n y t .,�Y rir ;� {, r ��.. .• . �i.M.rr.nw.rr \ _ ....x � . . � t d r a- r�&K� , , r. r , ��.r�; •.� v I;,+fir .4 4 Ow >_ �r � A /tyf � t I rj lYa,KVT�I! Q v trq ci � ' t � 3�t► y F t �L� x c4, { I .'! q � . ,, <°��Ki �- . 4 — . - \J1 4' . �. �. _ .. _ '•�'rl. �v F $ �,.p t a "+. r 1 •r �+v { c-- /I pry' L� tia s:. i Ar t� ' __�L_. _ l_..�-•-..........,..- t cam" 'i'L a r, t )1 �. ,, � N \, ;., ,• t � 1, rzy��" ��� N .il • f. i f''�!'1+s'':, TYxt 4. w': f{ F._ +i.!4g1 �4.r �';+ ,.'!.'G's;5 i� y �' ' �� �rs{Y`R�'e'{, � �� f�� �... c Y ;� �.tS•,._! , r.�4 e. ;!� ' a�✓t. , i�jh'�+ '� ���F � v�1� � (� �. . •: �, t t �"'� kA t��„» t+ir�Fa gF�,,a � �F i+A�: r �;+1t� t . ,, 7 i , •r ka x F Y I �` � , � Y'z'u� t r F n a . :{ <�'� r � � ) arY''.`x NnlL'- . .. ` 7' '-y _ ..,. ... r r. -"".':'''.,'." ,..{r..iser�'LA " :k*rt§'_'lra, 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- -Be'Fc' d. �l/�17$ f,\ 1 t� wo Q m a �CCDp � •ran-___ . uu uu u u n[, n[, €In n� LillUU nn nu �■, �,5� L 1 r • Liu u nn nn C7NU .�' Liu cj nnOF nt'�F=[7:[TI'1.11'.aII7 Ii d•FL�T/S1 �yL�EI t7!�� �' � a::_ - Il:r � �� OF elk W � i.Pi / 34 34 i o ■Riley r_ I +� •F 1F ,� �vcLOSURE LI 'yo ' 17 r ' 100 < 130 �o AND.. SCHOOL DISTRICT NO, 112 BK 6 MISC, P 528 . . f 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 A F- tam N �` ••••» 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 • P\Vo 990 n 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) . ` 'ems �� do I • 'S/o .6esm 100 I y � IND. SCHOOL DISTRICT NO, 112 SK 6 MISC, P 528 JOHN P BROSE 8K 39, P 300 So So ku VILLAGE OF CHANHASSEN o BK 90, P 43 BK 96. P 358 I• t i�� 8K 115, P 204 RICHARD STEINER BK 120, P. 33 dc PU6/c righ �- SCHNEIDER AGENCY, INC. of- way esmh �. SK 97, P 722 / _ • �. 139.98 I O Z ,o z N v i JOHN P BROSE •( p1 1 m = d bK 39. P. 300 $I F = N N 81 H V m 33 I 588006'20"6- CARVER COUNTY. l 8K 115, P. 264 �. `C L J 17 \ ti S/0 a e mnl .1. too do `` .,R.,a'3 '�•,,...`y• ,+ i . UA do 130 IND... SCHOOL DISTRICT NO. 112 0 8K 6 MISC, P 528 I I JOHN P BROSE SK 39, P 300 5o So i i 1I W � VILLAGE OF CHANHASSEN o SK 90, P 43 SK 96,P 358 OSK 115, P 204 I RICHARD STEINER h 8K 120, P. 33 9h a SCHNEIDER AGENCY, INC. of- woy esm _ > : sic97, P vz2 .� , N v JOHN P BROSE D1 c .4 .0 BK 39, P 300 S} A 2 N N W 2 N I B I • mum , cl -- �359.9 •- CARVER COUNTY. ` 11ifY-"-- _ I �"� S8S�O6`2O"E V. Sf'�\•••••• /3¢9.97..... •..•-I . SK 115, P. 264 ' •. O i a �p 990 �O o i IND. SCHOOL DISTRICT NO. 112 e BK 6 MISC, P 528 . ---- -- - I i JOHN P BROSE SK 39, P 300 50 So 33 QNi VILLAGE OF CHANHASSEN ` BK 90,P43 i� BK 96, P 358 0 BK 115, P 204 8 RICHARD STEINER n w BK 120, R 33 U, II Pubic ri ftt- SCHNEIDER AGENCY, INC. Of- WO/ esmf BK 87, F 722- �� ,l ozw Lu w �{•/ v z v JOHN P BROSE Dic ! F m = a m BK 38, P. 300 SHi N FW Q N N S K F V Y � 4 33 1 - S88006'20"C `CARVER COUNTY. /3¢9.97""' _- " •• i uj 17 S� \ S/o a esm . i Joo I R,9 UJ i + � .� '•tip • � IJ3 ��li� • p 990 O IND. SCHOOL DISTRICT NO. 112 SK 6 MISC, P 528 JOHN P BROSE SK 39, P 300 so 6o 0 n, VILLAGE OF CHANHASSEN i c BK 90, P 43 BK 96, P 358 BK 115, P, 204 E RICHARD STEINER I BK 120, P. 33 ` .L. ..... ' ....»....».�,��,... %90 ... .. r ,. 433 f c/ 6%iC I'i fiat- fir+.:; SCHNEIDER AGENCY, INC. _P �. 139.98 N to v JONN P BROSE I' 01( rl m d Q a m S BK 38, P. 300 $H .' ti N cmW = N BK yVm . A •� 33 359.9%.... .. , SS8�O6zp��6' CARVER COUNTY. •••••• 43¢9.97..... 'i'WY-- -,�,i -�� may° ", . , 1 • , � � 17`` .. Nvop i f S/0,0e esm . J3 IND.. SCHOOL DISTRICT NO. 112 { SK 6 MISC, P 528 I I i JOHN P BROSE SK 39, P 300 So So ILU Iti � VILLAGE OF CHANHASSEN o BK 90, P 43 • 0 j BK 96, P 358 OBK 115, P 204 f RICHARD STEINER BK 120, P. 33 L✓ ._557—.._ �qd 433 f4 I y " SCHNEIDER PAGENCY, INC. ' P. of- woy esmh •�. G 89 97 722 139.98 I JOHN P BROSE D11 BK 39, P. 300 Sk 33L x- 1 L,..... :359.97-.. � T •tir 588006'20"Cr CARVER COUNTY. ...... /3¢9.97..... .•� f BK 115, P. 264 . 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 h +�� K rj ' ,ell n r 9� v - 1 )w 2' I IN ...,�. �•. ( T = V K' r (r I u1 • I ! h ! f" r` 1 ,�--41 —