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78-02 - Carver Beach Replat pt 1li . RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don: August 31, 1978 T f. d TELEPHONE (612) 335-9565 Re: Partial Vacation of Hawthorne Road Enclosed is the original copy of Council Resolution No. 78421 partially vacating Hawthorne Road in the Carver Beach neighbor- hood. This document should be placed permanently in City files. Pleae provide this office with a certified copy of that resolution. I have enclosed the necessary certification which should be attached to the photocopy. Also enclosed you will find a Notice of Completion. If you find this document to be in order, please sign it where indicated and return_it_ to this office. If the Affidavit of Posting which I provided to you under cover of my July 21, 1978 letter has not been completed, it should be completed at this time. The affidavit should be retained in City files. CMM : mep Encl. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City ,Attorney CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date: u6d$T 2/, /97$ , 1978 Resolution No. W- VZ Motion by Councilman Seconded by Councilman PARTIAL VACATION OF HAWTHORNE ROAD WHEREAS, the City of Chanhassen has received a petition from an owner of property abutting on a portion of Hawthorne Road, more particularly described on Exhibit "A" attached hereto and made a part hereof, praying for the vacation of said roadway; and WHEREAS, a public hearing was held on said petition on August 21, 1978; and WHEREAS, said public hearing was preceded by two weeks' published and posted notice as required by §412.851 of Minnesota Statutes; and WHEREAS, there is no public interest to be served by the continued public ownership of the above -described platted roadway; NOW, THEREFORE, BE IT RESOLVED: That all that portion of Hawthorne Road as more particularly described in Exhibit "A" attached hereto and made a part hereof, is hereby vacated. Passed and adopted by the Council of the City of Chanhassen this 21st day of August, 1978. Formal Resolution executed this a1 — ay ofAgyga r 7 1978. &a MAYOR ATTEST: City Clerk -Manager YES lea 5 fN Kew 12Sa n/ GJ A trt- RES 3 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0.. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 ' ' MEMORANDUM TO: Mayor and City Council ' FROM: City Manager, Don Ashworth DATE: August 21, 1978 SUBJ: Partial Vacation of Hawthorne, Carver Beach Neighborhood In June of this year, the city council considered the Jacobson replat at Ivy and Nez Perce. As a part of the discussion of this item, staff noted that a partial vacation of Hawthorne should be considered. The city council acted to approve the subdivision and set August 21st as the public hearing date for the partial vacation of Hawthorne issue. Hawthorne is proposed to be vacated from Nez Perce to a point perpendicular to the eastern lot line of lot 1648 in Carver Beach. The Planning Commission has reviewed the proposed vacation and is recommending approval. Staff continues to recommend that the vacation be approved. A 4/5ths vote is required. REGULAR PLANNING CO? ISSION MEETING JUNE 14, 1°-8 Walter Thompson called the meeting to order at 7:30 p.m. with the following members present: Les Bridger, Mal MacAlpine, and Jerry Neher. Roman Roos came at 8:30. Hud Hollenback and Dick Matthews were absent. MINUTES: Jerry Neher moved to approve the May 24, 1978, Planning Commission minutes. Motion seconded by Les Bridger and unanimously approved. It was noted that Dick Matthews comment on page 4 of the May 24, 1978 Planning Commission minutes referred to the lack of sanitary sewer for the proposed Hesse Farm and that the City will not be installing sewer to the development. Les Bridger moved to note the Council minutes of June 5, 1978. Motion seconded by Jerry Neher and unanimously approved. PUBLIC HEARING JACOBSON REPLAT, IVY ROAD AND NEZ PERCE CARVER BEACH Walter Thompson called the public hearing to order at 7:45 p.m. Russell Larson and Bill Brezinsky were present. No one from the public was present. Members waived the reading of the official notice. Mr. Jacobson is proposing to subdivide Lots 1622-1626, 1632-1637, west 10' of 1638,-east 10' of 1638, 1639-1643, 1627-1631, and 1644-1648, Carver Beach into four single family residential lots. The property has been assessed four lateral and trunk water and sewer units. The City Engineer and Assistant City Planner have studied the property and decided that no grading plan will have to be submitted. Hawthorne Road should be vacated to a point perpendicular -to the eastern lot line of Lot 1648. The Assistant City Planner suggested the Planning Commissic include in its motion -that Mr. Jacobson furnish an application for the vacation of the street. This he has done. Provide a plat for the area, after -Council approval, -that would indicate the plat as requested plus the inclusion of the vacated Hawthorne Road and also furnish the City a $300 escrow to assure the City that the plat.will be filed. He furthe7 recommended the Planning Commission include in its motion a recommendatic on lot area and frontage variances for these four lots. Les Bridger moved to close the public hearing. Motion seconded by Jerry Neher and unanimously approved. JACOBSON REPLAT, IVY ROAD AND NEZ PERCE: Mal MacAlpine moved to recommend the City Council approve t e replat for Cliff Jacobson with the stipulation that the vacation of Hawthorne Road be petitioned and that a plat of the area be submitted (after Council approval) to the Assistant City Planner and that a $300 escrow be placed as required by the Assistant City Planner and recommended.- The Planning Commission further recommends a corner frontage variance for Lot 1 and lot area variances for Lots 1, 2,_and 3 be,granted. The_Planning Commission notes that this replat does -conform to the.Carver Beach Guide Plan. Motion seconded by Jerry Neher and unanimously approved. HIGHWAY 5'FRONTAGE' ROADS: The City Engineer presented a study of the frontage roads along Hig way_-5. The -south frontage road is proposed to be 28 feet wide and would like up with a future extension to the CITY OF �y a CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: July 17, 1978 SUBJ: 14-a; Consent Agenda - Set Public Hearing Date for Partial Vacation of Hawthorne. As a part of the Anderson property division in Carver Beach (Hawthorne, Nez Perce and Ivy), the staff noted that a partial vacation of Hawthorne should be considered. It is recommended that the city council establish August 21st as the public hearing date on this vacation proposal. 7610 LAREDO DRIVEoP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 DATE: June 15, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Jacobson Replat, Ivy Road. & Nez Perce, Cambine Smaller lots into 4 Residential Lets APPLICANT: Clifford Jacobson PLANNING CASE: P-525 Petition Mr. Jacobson is requesting to subdivide the property that is listed in the legal description portion of the attached Application for Consideration of Planning Request. This replat .requires preliminary plat approval by the Planning C andssion and Council and variances to the lot area requirements of Zoning Ordinance 47 and the corner lot frontage requirements of Ordinance 33. Background 1. Cz mtunity Location - As shown in enclosure 1, the subject property is bounded by Nez Perce on the West and Ivy Road on the North, and Hawthorne Road to the South. 2. Existing Zoning - The subject property is presently zoned R-1, Single -Family Residential District. The property inve-diately West of the subject property is zoned P-1, Planned Residential District. 3, Utilities - Sanitary sewer and water are available to the subject property. 4. Transportation - Mandan Drive, Nez Perce, and Ivy Road, pursuant to the adopted transportation plan, are to function, as local streets. Planner's Comments 1. Pursuant to the Carver Beach Neighborhood Plan, and Staff requests, the subject proposal does include the vacation of a portion of Hawthorne Road. Due to slope consideration and lack of potential benefitting properties through street dedication, it has been determined by Staff that Hawthorne Road should be vacated to a point perpendicular to the Eastern lot line of Lot 1648 of Carver Beach. Additionally it was determined by Staff that no grading plan for those building sites will be Alanning peport P-525 -2- June 15, 1978 required. 2. The subject property, 447-DO has been assessed four lateral and trunk water and sewer units. As shown in the applicant's plans, lot #1 contains approximately 10,200 square feet, lots #2 and 3 contain 11,000 square feet, and lot #4 contains approximately 18,200 square feet. Lot #1 has 103 feet of frontage on Nez Perce whereas Subdivision Ordinance 33 requires 105 feet. 4. Shown on the attached as -built photograph, lot #2 will need to receive sewer service through an extension of the existing line in the Eastern portion of Ivy Road. The City Engineer has indicated that the situation poses no problem to the development of these lots. .Y 5. Proposed to be vacated Hawthorne Rd., is presently an undeveloped public �1 rightof-way. 6. In view of the fact that this proposal consists mostly of already platted lots, and has public streets and utilities servicing it, it has been determined by Staff that hardshells should not be required in order for the applicant to proceed with building plans. However, since this proposal does include a lot split (reference commn lot lines of lots 2 & 3), and the vacation of Hawthorne Road, Staff would recnd that: a. the applicant submit a request for stream vacation, b. the applicant prepare and file a hardshell for the proposed Plat immediately upon City Council decision regarding the vacation of Hawthorne Rd. and c. the applicant remit to the City Treasurer an escrow deposit in the amount of $300.00 to assure that said hardshell is drafted and filed. 7. Shown in the attached Planning Commission Minutes of June 14, 1978, the Planning Commission moved to recom-end that the City Council approve the Jacobson replat contingent to the above stated conditions, (reference A, B, C) and that the lot area variances and corner lot frontage variance be included in the Council decision. Planner's Reccunendation I recommend in concurrence with the Planning Commission decision of June 14, 1978 that the City Council vote to approve the plat proposal of Clifford Jacobson. i 1 I 'NNIV4 ',klNnoo M3MV0 80),3Amns Aj�noo NOSCIVV4 3-]S1dVo 12E9 'ON AID I tl'qt7l -!]0NVM0I'8 CJ�IVHDIU 3,,Ot,1132o1 N Mg 'ON A13 p Z! 0 M.,09.0fl, ot, S , A . �,,OZ,12ogS N pa I 0 L co Cl) 0 OV L 0.33� 4'3141" -- jp - 9 , jD3 M 0 G Vo /I LQ I �!� �� s . i �A -�o�z I 40g2 I I [//, " s f ; % n nl /lnw A u /, ,BA co 6—M5 14:D 0 . �ti6t C,> EOtrt 13 3� 1.4 0.4 LS (13 J.V L (PD08 jadiunr) 1 ot, u v kid iLol 1 780 C) —1 1, 0 X C-) LX t 6zol zoz10 U-OT -N Q (Pooh FF 1 ZX/ 7T17 r •J �) O � t`. JI _,z � . , , is �• : . M' , =�•, �4 ; �• �� "' e ill � � b '" �' :, Ps _ � � 0 � �`� � ! tIt ' 71 %%Z to qcn / ;' �°�► , ! ! t t., r. fa 4,5 _ \ pCL (\ Y\ IQ,�- Z-11 Ir Ml fit 'K 'Y- sf� 14 ~D-AlEr � � o �. „1 u � ' // �/� iT / � :!K/ � �/ g! �-' A� I ' �- . y y, �`%��✓ �� tits '��§RQCi , 7~aAD of �,NZ ^1 .t o/� :.� al �� ia� \ ,�'•-'� .A. � �� u - `� / �iAjjr'.4�-7�-��y� (p a �'';'� • �.f1 '1 #A4s. ri ,`ram: , �;? � "l y %�� .•` + � r-#�'�Y�� 2 �I ,-� � �j ro �a t y i , Gam , 1'r,: Wit, ., ��} b a " +� V e a l \ •� va 39 In - I `4 `mac e rrvl 4 p ua�2 -� �-s. _ N CITY OF CHANHASSEN C-"fk, : j,o�z� f • �� w CARVER AND HENNEPIN COUNTIES, MINNESOTA _66s NOTICE OF PUBLIC HEARING ON PROPOSED C- � `-�l REPLAT FOR CLIFFORD JACOBSON, CHANHASSEN, MINNESOTA .� , NOTICE IS HEREBY GIVEN, That the Planning Commission of the City, of Chanhassen, Minnesota, will meet on Wednesday, the 14th day of June, 1978, at 7:45 p.m., at the City Hall, 7610 Laredo Drive, cc_ 9.1 oo Chanhassen, Minnesota, for the purpose of holding a public hearing to consider the replat of the following described property into four residential building sites: Lots 1622,.-1623, 1624, 1625, 1626, and 1632, Map of Carver Beach Lots 1633, 1634, 1635, 1636, 1637, and the westerly 10 feet of Lot 1638, Map of Carver Beach East 10 feet of Lot 1638, Lots 1639, 16.40, 1641, 1642 and 1643 Map of Carver Beach Lots 1627, 1628, 1629, 1636, 1631, 1644, 1645, 1646, 16,47 and 1648 Map of Carver Beach A plan showing said replat is available for inspection at the City Hall. All persons interested may appear and be heard at said time and place. Daited: May 16, 1978 BY ORDER OF THE -PLANNING COMMISSION Bob Waibel, Assistant City Planner (Publish in the Carver County Herald on May 24, 1978). CITY OF W. CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 Modified — --------- Rejected_ Dt DATE: June 15, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel Lo.)� L "/ 42--� i Clio SUBJ: Jacobson Replat, Ivy Road & Nez Perce, Combine Smaller lots into 4 Residential lots %a.(--J APPLICANT: Clifford Jacobson PLANNING CASE: P-525 Petition Mr. Jacobson is requesting to subdivide the property that is listed in the legal description portion of the attached Application for OJnsideration of Planning Request. This replat requires preliminary plat approval by the Planning Commission and Council and variances to the lot area requirements of zoning Ordinance 47 and the corner lot frontage requirements of Ordinance 33. Background 1. Ccmmmity Location - As shown in enclosure 1, the subject property is bounded by Nez Perce on the West and Ivy Road on the North, and Hawthorne Road to the South. 2. Existing zoning - The subject property is presently zoned R-1, Single -Family Residential District. The property immediately West of the subject property is zoned P-1, Planned Residential District. 3. Utilities - Sanitary sewer and water are available to the subject property. 4. Transportation - Mandan Drive, Nez Perce, and Ivy Road, pursuant to the adopted transportation plan, are to function as local streets. Planner's Carunents 1. Pursuant to the Carver Beach Neighborhood Plan, and Staff requests, the subject proposal does include the vacation of a portion of Hawthorne Road. Due to slope consideration and lack of potential benefitting properties through street dedication, it has been determined by Staff that Hawthorne Road should be vacated to a point Perpendicular to the Eastern lot line of Lot 1648 of Carver Beach. Additionally it was determined by Staff that no grading plan for those building sites will be Planning Report P-525 -2- une 15, 1978 required. 2. The subject property, 447-DO has been assessed four lateral and trunk water and sewer units. As shown in the applicant's plans, lot #1 contains approximately 10,200 square feet, lots #2 and 3 contain 11,000 square feet, and lot #4 contains approximately 18,200 square feet. Lot #1 has 103 feet of frontage on Nez Perce whereas Subdivision Ordinance 33 requires 105 feet. 4. Shown on the attached as -built photograph, lot #2 will need.to receive sewer service through an extension of the existing line in the Eastern portion of Ivy Road. The City Engineer has indicated that the situation poses no problem to the development of these lots. 5. Proposed to be vacated Hawthorne Rd., is presently an undeveloped public rightof-way. 6. In view of the fact that this proposal consists mostly of already platted lots, and has public streets and utilities servicing it, it has been determined by Staff that hardshells should not be required in order for the applicant to proceed with building plans. However, since this proposal does include a lot split (reference common lot lines of lots 2 & 3), and the vacation of Hawthorne Road, Staff would reccmTend that: a. the applicant submit a request for street vacation, b. the applicant prepare and file a hardshell for the proposed Plat immediately upon City Council decision regarding the vacation of Hawthorne Rd. and c. the applicant remit to the City Treasurer an escrow deposit in the amount of $300.00 to assure that said hardshell is drafted and filed. 7. Shown in the attached Planning Cmudssion Minutes of June 14, 1978, the Planning GaTmi.ssion moved to recommend that the City Council approve the Jacobson replat contingent to the above stated conditions, (reference .A, B, C) and that the lot area variances and corner lot frontage variance be included in the Council decision. Planner's Recommendation I recommend in concurrence with the Planning Commission decision of June 14, 1978 that the City Council vote to approve the plat proposal of Clifford Jacobson. SUBDIVISION PLAN CASE NO. SUB. City of Chanhassen Carver and Hennepin Counties, Minnesota - APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid --Date Received by Applicant Name: Last CENTURY 21 Hopkins Realty, Inc. Jacobson; Clifford L. Address: 112C Number owner: Anderson' Last i i irsr- Minnetonka, MN 55343` State 'L B. Init Address: Minnewashta Ma 55331 Number an Street City State zip Code Address of property in question: Four lots located as follows: (1) Corner of Nez Perce (2) Ivy Road (3) Ivy Road (4) Nez Pere 597-DO _ Legal description of property in question: (1) Lots 1622 1623,1624 1625,1626 + 1632, Map of Carver Beach (2) Lots 1633 1634 1635,1636,1637 + W .10' of Lot 1638 , Map.of Carver Beach (3) East 10' of Lot 1,638, Lots 1639, 1640,1641,1642 & 1643, Map of.Carver Beach (4) Lots 1627,1628,1629,1630;1631,1644,1645,1646,1647 & 1648, Map of Carver Beach Present zoning of property: Single family residential Present use of property: Raw lots Proposed use of property: Single family residential The following documents if appropriate shall be attached to this application: .etonka Mills Rd. Street 1. Sketch Plan 2. Preliminary Plat 3. Escrow Account Manor City )nald First Excelsior MN Date Received Initial V) fly iItz icy I 1I I I I 11 I'l 1 1 11 J I 'I ! 0 :`King Road) -t %.- IN,, I - 1-5 0 0 m CJ VAGAtED 'z VALASgD N Tfo ADD .4ACA -T ED 1,4. ya 2yal 2. (s C.JL 2503f �4%9 40'%A 17' IN co 40 0 M""UP W4 6 c a't e—d N 88031,20"w, 135.41 EMBER 0WILL H. KERBER S 40 5050W ............ ... 15 CTF NO. 3227 3227 L N 1028!40E RICHARD R. TORRANCE---�.- �145'41 CTF NO. 6331 S68031'20"E CARLISLE MADSON COUNTY SURVEYOR CARVER COUNTY, MINN. IDRAWN RY:JF i PFVIqFr); 012 N r IC 2 Al 0"ff - ?go ThR W uniper Road) 13�6 Al 11 WO 11 1409 7 113 5-. 2w 4ril S 0 1665 c' 8 co co =7-171 O 2 2 ff709 REGULAR PLANNING COMMISSION MEETING JUNE 14, 1978 Walter Thompson called the meeting to order at 7:30 p.m. with the following members present: Les Bridger, Mal MacAlpine, and Jerry Neher. Roman Roos came at 8:30. Hud Hollenback and Dick Matthews were absent. MINUTES: Jerry Neher moved to approve the May 24, 1978, Planning Commission minutes. Motion seconded by Les Bridger and unanimously approved. It was noted that Dick Matthews.comment on page 4 of the May 24, 1978 Planning Commission minutes referred to the lack of sanitary sewer for the proposed Hesse Farm and that the City will not be installing sewer to the development. Les Bridger moved to note the Council minutes of June 5, 1978. Motion seconded by Jerry Neher and unanimously approved. PUBLIC HEARING JACOBSON REPLAT, CARVER BEACH IVY ROAD AND NEZ:PERCE Walter Thompson called the public hearing to order.at 7:45 p.m. Russell Larson and Bill Brezinsky were present. No one from the public was present. Members waived the reading of the official notice. - Mr. Jacobson is proposing to subdivide Lots 1622-1626, 1632-1637, west 10' of 1638, east 10' of 1638, 1639-1643, 1627-1631, and 1644-1648, Carver Beach into four -single family residential lots. The property has been -assessed four lateral and trunk. -water and sewer units. The City Engineer and Assistant City Planner have studied the property and decided that no grading plan will have to be submitted. Hawthorne Road should be vacated to a point perpendicular -to the eastern lot line of Lot 1648. The Assistant City Planner suggested the Planning Commissic include in its motion that Mr. Jacobson furnish an application for the vacation of the street. This he has done. Provide a Dlat for the area, after'Counci;l approval, -that would indicate the plat as requested plus the inclusion of the vacated Hawthorne Road and also furnish the City a $300-escrow to assure the City that the plat will be filed. He further recommended the Planning Commission include in its motion a recommendatio on lot area and frontage variances for these four lots. Les Bridger moved to close the public hearing. Motion seconded by Jerry Neher and unanimously approved. JACOBSON REPLAT, IVY ROAD AND NEZ PERCE: Mal MacAlpine moved to reco=crd the ,pity Council approve t e replat for Cliff Jacobson with the stipulation that the vacation of Hawthorne Road be petitioned and that a plat of the area be submitted (after -Council approval) to the Assistant City Planner and that.a $300 escrow be placed as required by the Assistant City Planner and recommended.- The Planning, Commission further recommends a corner frontage variance for Lot 1 and lot area variances for Lots 1, 2, and 3 be granted. The Planning, Commission notes that this replat does -conform to the Carver Beach Guide Plan. Motion seconded by Jerry Neher and unanimously approved. HIGHWAY 5 FRONTAGE ROADS: The City Engineer presented a study of the frontage roads along Hig way.5. The south.frontage road is proposed to be 28 feet wide and would like up with a future extension to the ■ CITY OF CHANHASSEN 7610 LAREDO DRIVEeP 0. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 9, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: Jacobson Replat, Ivy Road, Carver Beach, Public Hearing APPLICANT: Cliff, c bson PLANNING CASE: P-525/ Petition The petition before the Planning Commission at this time is to recommend an action for the City Council on this subdivision request. Planner's Comments As you remember, at the sketch plan review of this proposal, staff requested that the determination be made as to whether a grading plan will be needed, and whether or not Hawthorne Road should be dedicated or vacated. The City Engineer and myself, have since studied the property and have decided that no grading plan will be needed, and that Hawthorne Road should be vacated to appoint perpendicular to the eastern lot line of Lot 1648 of Carver Beach. A petition has been submitted by the applicant to vacate Hawthorne Road, and will be considered by the City Council in July. Planner's Recommendation I recommend that the Planning Commission look with favor upon Mr. Jacobson's proposed replat by recommending the City Council approve the plan as submitted. I feel that the replat of this property and the vacation of Hawthorne Road as recommended, can be executed as separate actions with no resulting consequences and thus recommend that Mr. Jacobson prepare a final plat as per the one he submitted, and proceed with his application for vacation of street as a separate action. I also recommend, to include in the motion to approve this replat, the approval of lot area and frontage variances. 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 May 16 _ 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 replat for Clifford Jacobson, Chanhassen, MN inthe 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. Subscribed. -and sworn to before me this day of , .11/ - — blic K;,Y KLINGELHUTZ .. w. „;�OTARYPU6LIC-MWNESOTA W— m -: 4� CARVER COUNTY .B, My c mmi-s:on Expires Jan_ 30, 198' Don Ashworth City Manager CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED REPLAT FOR CLIFFORD JACOBSON, CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN, That the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 14th day of June, 1978, at 7:45 p.m., at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, for the purpose of holding a public hearing to consider the replat of the following described property into four residential building sites: Lots 1622,_1623, 1624, 1625, 1626, and 1632, Map of Carver Beach Lots 1633, 1634, 1635, 1636, 1637, and the westerly 10 feet of Lot 1638, Map of Carver Beach East 10 feet of Lot 1638, Lots 1639, 1640, 1641, 1642 and 1643 Map of Carver Beach Lots 1627, 1628, 1629, 1630, 1631, 1644, 1645, 1646, 1647 and 1648 Map of Carver Beach A plan showing.said replat is available for inspection at the City Hall. All persons interested may appear and be heard at said time and place. Dated: May 16, 1978 BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Assistant City Planner (Publish in the Carver County Herald on May 24, 1978). Dunn & Curry `4946 Viking Drive Pentagon Office Park Edina, MN 55435 i Harlan D. Koehnen Rt. 5, Box 249 Excelsior, MN 55331 f� Robert J. Buesgens Twin City Federal 6790 Nez Perce 6725 Nez Perce Excelsior, MN 55331 ji Excelsior, MN 55331 f, F Donald Henderson 2851 Washta Bay Rd. Excelsior, MN 55331 James Knop 6800 Nez Perce Excelsior, MN 55331 Bill & J. Moore 845 W. 68th St. Excelsior, MN 55331 Daniel & C. Welsh 825 W. 68th St. Excelsior, MN 55331 John Story 6795 Nez Perce Excelsior, MN 55331 Jeuner Ermst 6735 Nez Perce Excelsior, MN 55331 Raymond Olson, Jr. d 841 Carver Beach Rd. Excelsior, MN 55331 Terry S1usa c/o Roger Smith 6750 Mandan Dr. Excelsior, MN 55331 Emma Wiest 840 Carver Beach Rd. Excelsior, MN 55331 i Jerry Bailey c/o Jonathan Village Ctr. Chaska, MN 55318 K. H. & L. N. Gustafson George & S. Herman C/o John E. Story 795 Carver Beach Rd. 6795 Nez Perce Excelsior, MN 55331 Excelsior, MN 55331 Ei Bruce G. & T. Sparrman Mark & Ella Headstream Rt. 7, W. 68th St. 784 Ivy Rd. Excelsior, MN 55331 `' Excelsior, MN 55331 i i �.I Dwight Imker 810 W. 68th St. Excelsior, MN 55331 Lewis Woitalla 6740 Powers Blvd. Excelsior, MN 55331 kIi Kermit & L. Johnson 1i 777 Carver Beach Rd. if Excelsior, MN 55331 I� Vernon H. & C. Bauman 741 Carver Beach Rd. Excelsior, MN 55331 r� t Joseph J. Kopp 306 Sommerville St. Shakopee, 1*1 55379 Harriet L. Morum 6776 Laredo Dr. Excelsior, PIN 55331 John L. & S. Brietner 6789 Mandan Ave. Excelsior, MN 55331 i Kleve & L. Anderson 750 W. 68th St. Excelsior, MN 55331 f M CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: April 5, 1978 TO: Planning Commission FROM: Assistant Citv Planner, Bob Waibel SUBJ: Subdivision for Donald Anderson Property, Carver Beach PLANNING CASE: P-525 APPLICANT: Cliff Jacobson Petition Mr. Jacobson is requesting to subdivide the property that is listed in the legal description portion of the attached Application for Consideration of Planning Request. This subdivision requires variances to the lot area requirements of Zoning Ordinance 47 and Subdivision Ordinance 33, and the corner lot frontage requirements of Ordinance. Background 1. Community Location: As shown in enclosure 1, the subject property is bounded by Nez Perce on the west, Ivy road on the north and Hawthorne Road to the south. 2. Existing Zoning: The subject property is presently zoned R-1, Single Family Residential District. The property immediately West of the subject property is zoned P-1, Planned Industrial District. 3. Utilities: Sanitary sewer and water are available to the subject property. 4. Transportation: Mandan Drive, Nez Perce and Ivy Road are to function as local streets. Planner's Comments 1. The subject property, 447DO, has been assessed 4 lateral and trunk water and ,sewer units. Planning Commissio.. -2 April 5, l978 2. As shown in the applicant's sketch plan, four lots are proposed, the largest of which is approximately 18,200 square feet. The remaining three lots are between 10,200 square feet and 11,000 square feet. 3. Presently, Hawthorne Road is an undeveloped public street. 4. A determination by staff must be made before the next Planning Commission review concerning: a). whether a grading plan will be needed. b). the manner in which a sewer connection can be made on proposed lot 2. c). The future of the installation of services on Hawthorne Road, and/or the possible dedication or vacation of Hawthorne Road. Planner's Recommendation I recommend that the Planning Commission encourage the applicant to pursue his proposal. The aforementioned staff determinations should be completed so as to allow the applicant sufficient time to prepare the necessary plans and submit said plans on or before April 26, 1978. An escrow deposit of $200.00 should be arranged with the City Treasurer to defray staff costs in processing this application. King .Road) A �0_Q Of _ _ N.1029 i. 1 0 N _ I K K2- m 3 z — jo 101140 1021 1 103 ROAD ' (Juniper Road) V ACAj gv 13DD VACRSED 1341 VACA.IED 1357 VA,;j 162► �e VACASED- ZHRU 1$ VAC AZ�D 131 j8q4 4H�V _ ! 18 40 l ST. (Grove Road) VACAtED N I 21g1 tHRH 2219 VACATED 25 is 22T ZHR� Nt-- t5 2 N�— VACAS-D z�°� G �yal9 VAC A.�ED 2142 4 H4� 1 ° L 226.0 2270 d ! N W Z 40 N 88031'20"W 135.41 ►ERBER s4°5o'So"w - o ��3 o WILL H. KERBER 3227 h CTF N0. 3227 N 1°28'40"E 9 CD, RICHARD R. TORRANCE— "145.41/�%i,•(.,(/Sr" CTF NO. 6331 S88031'20"E CARLISLE MADSON - C N OU TY SURVEYOR CARVER COUNTY MINN. DRAWN BY:JE I REVISED: 1 !A a f i w e( DER 5 -50- SUBDIVISION PLAN CASE NO. SUB. City of'Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid Date Received by Applicant CENTURY 21 Hopkins Realty, Inc. I Name: Jacobson,,' Clifford L. Last ! First Initial i Address: 11208 Minnetonka Mills Rd. Minnetonka MN 55343 Number and Street city State Zip Pode Owner: Ander Last I Donald Firs tia Address: Minnewashta Manor Excelsior, MN 55331 Number an, Street City State Zip Code Address of property in question: Four lots located as follows: (1) Corner of Nez Perce (2) Ivy Road (3) Ivy Road (4) Nez Perce 597-DO Legal description of property in question: 1) Lots 1622.1623,1624,1625,1626 + 1632, Ma;, of Carver Beach 2) Lots 1633,1634,1635,1636,1637 + W 10' of Lot 1638 , Map of Carver Beach (3) East 10' of Lot 1638, Lots 1639, 1640,1641,1642 & 1643, Map of Carver Beach (4) Lots 1627,1628,1629,1630,1631,1644,1645,1646,1647 & 1648, Map of Carver Beach Present zoning of property: Single family residential Present use of property: Raw lots Proposed use of property,: Single family residential The following documents if appropriate shall be attached to this application: Date Received 1. Sketch Plan 2. Preliminary Plat 3. Escrow Account Initial -51- Date Received Initial 4. Abstractor's Certificate 5. Final Plat I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for sub- division. �i _�^-�--�• Sig aLture of Appliddant Signature of Owner /4 7Y Date Receive y Title Da (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY DATE BY Sketch Plan on Planning Commission Agenda Planning Commission Postponed to Preliminary Plat on Planning Commission Agenda Planning Commission Postponed to Newspaper Pu ication Adjacent Property Owners Notified Pu lic Hearing Planning Commission Action Preliminary Plat on Council Agenda Council Postponed to Council Action Final Plat on Planning Commission Agenda Planning Commission Postpone to P� lanning Commission Action Final Plat on Council Agenda Council Postponed to Council Action Final Contract Executed Escrow Returned - Amount: -52- PLANNING COMMISSION RECOMMENDATION (Preliminary Plat) On this day of 19 , this preliminary plat was recommended for (approval), disapproval subject to the following conditions: Chairman of P anning Commission Action by City - Preliminary Plat On this day of 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapprove this Preliminary Plat subject to the following conditions: By order of the Chanhassen City Council Attest: City Administrator 1 �53 - PLANNING COMMISSION RECOMMENDATION - Final Plat On this day of 19 , this Final Plat was recommended for (approval), disapprova subject to the following conditions: Chairman of Planning Commission Action by City - Final Plat On this _day of 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapprove this Final Plat subject to the following conditions: By order of the Chanhassen City Council Mayor Attest: City Administrator Oo/ 00 p" I lo/ wfl Ilk tr .., I ik- ........... w 101 c 04 CHAPTER SIX VACATION.OF STREETS -54- VACATION OF STREETS The City Council may by resolution, vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the public way proposed to be vacated. CHRONOLOGY 1. Vacation of an existing public way can be initiated by either a petition signed by a majority of property owners abutting the proposed vacation, or by votes of four -fifths of all members of the City Council. Whichever party initiates the request for vacation, the following procedure should be followed. 2. The Zoning Administrator receives the petition or the Council's resolution and forwards the request for vacation to the Planning Commission. If the vacation request is initiated by a petition of property owners, the owners should complete the form entitled "Application for Consideration of Planning Request for Vacation of Streets". The signed petition should be referred to the City Attorney for validation. 3. The Planning Commission should determine through its staff that the proposed vacation will not be detrimental but rather will be in the public interest. 4. The Planning Commission should provide the Council with a written report stating its findings and recommendations. 5. The City Council upon receipt of the report shall hold a public hearing affording an opportunity for all interested persons to be heard. Notice of such hearing shall appear in the official City Newspaper two iacQks prior to the date of said hearing, public notice shall also be posted. 6. If the City Council decides that the action is in the public interest, it may by resolution, vacate the land concerned. 7. After the resolution has been adopted, the City Administrator shall prepare and present to the County Auditor and the County Register of Deeds a notice to the effect that the vacation pro- ceedings have been completed. This notice shall contain a state- ment of the time of the abandonment proceedings, name of the City who initiated the proceedings, and a description of the real estate and lands affected by the proceedings. B. When a street is lawfully vacated, the owner of abutting property holds title to the land in the former street, presumably to the center line, free of easements either in favor of the public or owners of other property abutting on the street. If the City actually owns the dedicated street, which is an unusual case and does not occur if the street has been dedicated by plat, the resolution vacating the street does not divert the City of its rights to the property, it still may dispose of the property on which the street was located. -5 5'- INSTRUCTIONS FOR COMPLETING THE ADMINISTRATIVE FORM ENTITLED "APPLICATION FOR CONSIDERATION OF PLANNING REQUEST - VACATION OF STREET" (Note: This instruction sheet should be given to each applicant requesting a Vacation of an Existing Platted Street.) 1. Case Number and date filed should be filled out by the Zoning Administrator or any other authorized person charged with accepting the form for the City. 2. Applicant refers to the person actually submitting the form. The address, street number, city and street refers to the Applicant's mailing address. 3. Name, address and signature of abutting property owners refers to the owners of all property whose property is abutting the proposed vaction. This information can be obtained from the County Register of Deeds. Signature of abutting property owners shall serve as the petition. A majority of abutting property owners shall sign the petition before the Planning Commission will hear the vacation request. 4. The remaining portion of the form is for City Administration use. 56- VACATION OF STREETS CASE NO. VAC. City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Received by Applicant Century 21 Hopkins Realty; Cliff Jacobson representing: Name: Anderson Donald B. Last First Initial Address: Minnewashta Manor Excelsior,, Mn Number and Street City State Zip Code Name, kddress aplgnature of Abutting Property Owners. 2. 3. 4. 5. 6, 7. 8. 9. 10. 11. 12. 13. 14. 15. (Use Additional Sheets) -57- I hereby declare that all statements made ,in this request and on the additional material are true. Signature of Applicant -/-�9—ZY Date Received by title Following to be filled out by Administrator CHRONOLOGY DATE BY Application on Planning Commission Agenda Planning Commission Postponed to Planniinq Commission Action lication on Council Agenda Council Postponed to Newspaper Publication Adjacent Property Owners Notified Public Hearin ouncil Action ffu�ilding Department Notified Applicant Notified Adjacent Property Owners Notified Tiled with County Planning Commission Recommendations On this day of ,19 this petition was (approved), (disapproved subject to the following conditions: Chairman of Planning Commission Action by the City On this _day of ,19 the Chanhassen City Council (approved), (disapproved) this petition, subject to the following conditions: Mayor s a,«, CHAPTER THREE VARIANCE PETITION -20- VARIANCE PETITION CHRONOLOGY Introduction: The purpose of granting a "Variance" is to provide relief from the strict application of the provisions of the Zoning Ordinance and impost conditions and safeguards where there are practical difficulties or particular hardships. Step-by-step Procedure for Processing an Application Involving a Variance Request. (Ref. Ordinance 47, Section 22.04). Step 1. PETITIONER. Initial Information. All applications for variance shall be filed in the office of the Zoning Administrator and shall be accompanied by ten (10) copies of a set of plans and graphics containing the following information: a. Sketch Plan showing all pertinent dimensions having an influence upon the Variance Request.. b. If topography or extreme grade is the basis on which the request is made, topographic contours at two (2) foot intervals shall be submitted. C. An Abstractor's Certificate showing the names and addresses of all property owners within three hundred fifty (350) feet of the property in question. d. Pays required filing fee. Step 2. ZONING ADMINISTRATOR. a. Reviews documents submitted in Step 1 above, and requests any missing information from petitioner. b. Forwards copies of the petition to other staff members or governmental agencies deemed appropriate at least fourteen (14) days prior to the Board of Adjustments and Appeals meeting. C. Sets date for public hearing within thirty (30) days after filing for variance. d. Notified Board of Adjustments and Appeals and adjacent property owners of forthcoming public hearing. Said notice of public hearing shall be mailed not less than ten (10) days prior to the date of public hearing. a -21- Prepares Planning Report which includes comments from other staff and forwards copies to Board of Adjustments and Appeals and petitioner no later than Friday prior to the scheduled public hearing. Step 3. BOARD OF ADJUSTMENTS AND APPEALS. a. Reviews documents and reports submitted in Step 1 and 2 above. b. Hears petitioner's formal presentation of the proposed variance. C. The Board of Adjustments and Appeals shall not recommend, and the Council shall not grant, a variance unless they find the following facts: 1) That there are special circumstances or conditions affecting the land, building or use referred to in the application for the variance. 2) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 3) That the granting of the application will not be materially detrimental to the public welfare or injurious to property in the area adjacent to the property for which the variance is sought. 4) That the granting of the variance will be in keeping with the spirit and intent of the Zoning Ordinance and City Plan. The Board of Adjustments and Appeals in recommending, and the Council in granting, a variance may impose conditions to insure compliance and to protect adjacent properties. The Board of Adjustments and Appeals and the Council shall not permit as a variance any use that is not permitted under this ordinance for property in the zoning district where the land which is the subject of the variance application is located. Step 4. ZONING ADMINISTRATOR. a. Forwards copy of the Board of Adjustments. and Appeals recommendation to the City Council. Step 5. CITY COUNCIL. a. The Council shall review, and may revise or reverse, any decision of the Board of Adjustments and Appeals. In reviewing such decisions the Council may conduct such hearings as it may deem advisable and shall prescribe what notice, if any, shall be given of such hearings. The Council shall conduct its review of any such decision and make its findings and order thereon within 60 days after receipt by it of the decision of the Board of Adjustments and Appeals. No permit for a variance shall be issued unless a decision of the Board of Adjustments and Appeals approving the same is reviewed and approved by the Council. • -22- b. Denial. Variances may be denied by the Council and such denial shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which hasbeen denied wholly or in part shall be resubmitted for a period os six (6) months from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustments and Appeals. C. Action Without Decision. If no decision is transmitted by the Board of Adjustments and Appeals within sixty (60) days after referral of the appeal or application for variance to the Board, the Council may take action without further awaiting such decision. -23- INSTRUCTIONS FOR COMPLETING ADMINISTRATIVE FORM ENTITLED: APPLICATION FOR CONSIDERATION OF PLANNING REQUEST, VARIANCE PETITION. (Note: This instruction sheet should be given to each applicant petitioning for a variance.) 1. The applicant should become familiar with the provisions setforth in Ordinance 47 as amended entitled "Chanhassen zoning Ordinance", and the City Administrative Procedures Manual. 2. If the applicant is requesting a multiple request, such as a variance which may also involve a rezoning or conditional use permit, separate forms must be filled out for each request. 3. Case No., fee paid and date will be filled out by the Administrator, or any other authorized person charged with accepting forms for the Planning Commission. 4. Applicant refers to the person actually submitting the form, if different than owner. If applicant is also the owner, write "same" after "name". Address refers to the applicants mailing address. 5. Owner refers to the actual person holding title to the property in question; it does not refer to a contract buyer, renter, or lessee. Address refers to the owners mailing address. 6. Address of property in question refers to subject property street name and number. If the property is undeveloped, the address may be obtained from the City Building Inspector. 7. Legal Description of property in question refers to the lot number, block number and name of subdivision, or if unplatted, the meets and bounds description or registered land survey as recorded of the subject property. This information may be obtained from the Carver County Register of Deeds, located in the County Courthouse, Chaska, Minnesota. 8. Present zoning of property refers to the specific zoning district in which the property is located. 9. Present use of property refers to the existing land use, i.e., single family residential, office building, agriculture, etc. 10. Proposed use of property refers to the specific improvement intended for the property in questions. 11. Documents attached are required by City Ordinance 47, Section 22. 12. The remaining portion of the application is for administrative use. -24-, VARIANCE PETITION CASE NO. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicapt- Name : ,l _� p r.6 L L Last Date of Application�116-1-;y Fee Paid Date Received by LEWIS Fir* st tia Address: Lo7q&' OWE►qS I�LVo 1rh1[j f �3 3 Number and Street City State Zip Code Owner Name: Last First Initial Address: Number and Street City State Zip Code Address of Property in question: Legal description of property in question: Present zoning of property: J� 6' Si IDE-41) T / R L. Present use of property: - Proposed use of property: S'�a,N ��i�n-►� y Uu' �� iit,' � Q -25- The following documents shall be attached to this application: Date Received Initial 1. 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. Signature of Applicant Signature of Owner Date Received by Title Date (Following to be completed by Zoning Administrator or City official) RONOLOGY - - Date ublic Hearing by oard of Adjustments and Appeals oard of Adjustments and Appeals ostponed to djacent property owners notified ublic Hearing pplication on Council Agenda ouncil postponed to ouncil Action By