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78-02 - Sheds in R-1 Districts ZOA pt 1a&1. CITY OF CHASHAOSSH 7610 LAREDO DRIVEOP 0 BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 r PLA14NING REPORT 06 XI-11-1" '. 4f DATE: August 17, 1978 *K Z' n� �TO: City Manager, Don Ashworthfe). FROM: Assistant City Planner, Bob Waibel La , SUBJ: Storage Sheds in R-1 Districts PLANNING CASE: P-163 You will note on your copy of this evening's agenda, this item is being presented as a discussion item before the council prior to a first reading for any changes of ordinance. The Planning Commission held a public hearing on July 12, 1978, to formulate a basis upon which an ordinance can be developed (Reference enclosure 1). 4-1 There are numerous areas in the city that have homeowners covenants and restrictions governing the new development of neighborhoods. In coordinating ordinances with these covenants and restrictions, it is essentially a situation wherein the most restrictive is applied. In reviewing the various covenants and restrictions throughout Chanhassen, it has been found that the degree of control allowable to the covenants and restrictions ranges from blanket allowance of out buildings incidental to residential uses of the area to review by the development corporation, to review by an architectural committee within the organization, to allowances only if said storage structures are constructed of materials identical to those of the residence, and to prohibition of any detached storage structure. As you know, presently zoning ordinance 47 allows these storage structures in an R-1 district only upon the securing of a conditional use permit. Additionally, the general regulations section 19 of ordinance 47, states that all outside storage structures in residential zoning districts shall be architecturally harmonious with the principal structure. Additionally, there is ordinance 22 which is complimentary to ordinance 47 in that it can control the sightliness of these structures so that there is no diminution of property values. The existence of storage sheds presently appears to be predominantly in the older section of Chanhassen, and whose residents appear to be most strongly supporting the allowance of these storage sheds. At present it appears that the degree to which the city is able to establish a policy concerning this matter and in doing so treating all properties equal, necessitates a bilateral approach of ordinance retention or a •' Mr. ,Dan Ashworth -2- August 17F .1.978 modification. The problem with ordinance retention is that carrying out enforcement and monitoring proves to be administratively cumbersome. There are several methods of ordinance modification known to this office at this time which are as follows: 1). The ordinance could be modified to allow sightly storage sheds on a geographicly selective basis. This could possibly provide for the allowance of the shed in the older districts of Chanhassen where some of these may have been constructed before the adoption of zoning ordinance 47, and did not have the benefits of restrictive covenants at the time of their development. Methodsof geographical selection must be tested through the public hearing process so as not to be arbitrary or capricious. 2). The ordinance may be modified to allow for discretionary administration of the use of the storage facilities. This is what the Planning Commission had essentially recommended as a result of their public hearing. 3). The ordinance may be modified to affect new development whereby a similar restriction which as those found in the Trolls Glen Addition where storage areas are allowed only as an intrical part of the residential structure. This sort of action would preclude that a standard be adopted acceptable to the fire marshal because of the inherent nature to store a certain amount of combustibles for residential use. Again, this item and this report are presented for discussion purposes only so to provide staff with some direction before calling a public hearing or -preparing a draft of an,ordinance or an ordinance amendment. APPLICABILITY OF VARIOUS RESTRICTIVE COVENANTS TO STORAGE SHEDS 1. Blanket Allowance (Superceded by Ordinance 47) a. Bandimere Heights b. Sunrise Hills 1st Addition. c. Greenwood Shores d. Sunrise Hills 2nd 2. Required Plan Review by Seller or Architectural Committee (Superceded by Ordinance 47). a. Pleasant Acres b. Minnewashta Shores C. Chanhassen Estates d. Moline Addition e. Bgyer Sterling Estates 3. Prohibition (Supersedes Ordinance 47). a. Trolls Glen b. Scholers 2nd Addition CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON THE PROPOSED AMENDMENT TO ZONING ORDINANCE 47, CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 12th day of July, 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 amending of Section 7.04 of Zoning Ordinance 47 to include residential yard storage buildings as a permitted use in an R-1 Single Family Residential District. All persons interested may appear and be heard at said time and place. DATED: June 26, 1978 BY ORDER OF THE PLANNING COMMISSION Bob Waibel Assistant City Planner Published in the Carver County Herald on June 28, 1978. Affidavit of Publication Sate of Minnesota ) ) ss. County of Carver ) William McGarry ,being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Hearing 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 On successive successive weeks; that it was first so published on Wed . the 2 O th day of June 19 r nand 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: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me this ay of 19 (Notarial Seal) Notary public, County Minnesgta My Commission Expires 19 � 1� LORRAINE LANO 2 NOTARY PUBLIC —MINNESOTA CARVER COUNT: CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Bruce Pankonin, Zoning Administrator FROM: Jerry Schlenk, Building Inspector DATE: November 22, 1977 SUBJ: Ordinance Violations Enclosed is a list of ordinance violations in the R-1 District. This list includes Sections 1, 2, 3, 4, 5, 8, part of 11, 12, part of 13. SS on the list stands. for storage shed, RV stands for recreational vehicle. I may have missed.a :dew in these areas, but once you send out notices of violation, I am sure the neighborhood will let you know who you missed. cc: Don Ashworth, City Manager Russ Larson, City Attorney �s . Name Address Ray Roufs 7615 Laredo Drive SS Ralph Fuhrmann 7614 Kiowa SS Ivan Payne 7612 Kiowa SS Jack Kreger 7606 Kiowa SS Ray Peitz 7607 Kiowa SS Clarence Peshek 7605 Kiowa SS Lawrence Kerber 7603 Kiowa SS Mike Kerber 7605 Laredo Drive SS Joe Hedtke 7611 Laredo Drive SS Frank Kohman 7615 Kiowa SS Steven Daniel 503 Chan View RV Mark Littfin, Sr. 7609 Kiowa SS Cherill Knutson 7609 Kiowa SS Ray Knott 7602 Great Plains Blvd. Lambert Peters 7607 Huron SS Fritz Coulter 7616 Frontier Trail SS George Sho rba, Sr. 306 Chan View SS David Morrow 7609 Great Plains Blvd. SS Dorothy Bongard 7551 Great Plains Blvd. &aZ NdC5-5 Elroy Williams 7554 Great Plains Blvd. SS Gene Coulter 7550 Great Plains Blvd. RV Gareth Templeman 413 Santa Fe Trail RV Lyle Rickleffs 507 Del Rio Drive RV ,To ,C Kasper 411 Cimarron SS Conrad Winkel 505 Highland RV Robert Siegel 411 Highland SS Michael Rosenwald 7440 Longview RS John Spalding 7336 Frontier Trail SS Dick Pearson 7307 Frontier Trail RV Name Address John Peters 7230 Frontier Trail RV Harold Kerber 7216 Frontier Trail SS T.J. Wieber 7210 Frontier Trail RV -SS Walter Bielski 7209 Frontier Trail RV Steven Holter 7201 Frontier Trail RV Evelyn Bakke 7200 Frontier Trail SS Henry Niemola 2841 Washta Bay Road RV Ronald Olston 2851 Washta Bay Road RV Lloyd Schneider 2971 Washta Bay Road SS ,T6#h' Schumacher North Manor RV John Rocap 2800 Sandpiper SS Ken Hall 3231 Dartmouth RV Norman Hansen 6211 Cypress Drive SS Warren Rietz 6210 Cypress RV William Coleman 6221 Cypress SS L.W. Hagen 6300 Cypress RV Larry Oppegaard 6310 Cypress RV A8,15Ri Marlows 6331 Dartmouth&y?ej� SS A.M. Langum 3311 Shore Drive RV Gerald Wintheiser 3321 Shore Drive RV F.D. White 3351 Shore Drive RV Donald Carsik 3342 Shore Drive RV Donald Brandt 6311 Dogwood RV James Marr 6301 Dogwood SS Willis Macklin 6251 Dogwood SS Lorin Neske 6221 Dogwood RV SS Paul Becker 6240 Dogwood SS Melvin Oestrich 6320 Dogwood RV Ronald Schroer 6321 Elm Tree SS Jack Stone 6311 Elm Tree RV Name Addre s s John Neveaux 6240 E,lm. Tree SS Richard Clark 6300 Elm Tree RV SS Keith Arntsen 6320 Elm Tree RV Morris Mullin 3451 Shore Drive RV Lawrence Hallback 6321 Fir Tree SS Arland McCaul 6311 Fir Tree RV Eugene Olson 6301 Fir Tree SS Thomas Robb 6220 Fir Tree SS C.E. Fiene 6310 Fir Tree RV J. Anthony Mitchell 6340 Fir Tree Ave. AA--V Prieditis 7401 Frontier Trail SS Donald Goetze 7610 Frontier Trail SS Tom Klingelhutz 225 W. 77th St RV -SS Paul Rojina 220 W. 77th St. SS Mike Sorenson 7606 Erie SS Wayne Hagman 7602 Erie SS Earl McAllister 7510 Erie SS Harold Lund 7508 Erie SS Jerry Neher 205 W. 77th St. SS Craig Larson 200 Chan View SS jgxr,0 S-ellyiu- 7721 Erie RV Richard Cavert 7701 Frontier Trail Rv Ted Bentz 7570 Chanhassen Road RV SS �3Fy'VeA J'o#IV F 7530 Chanhassen Road RV -w,C5 #RSAF7H 7520 Chanhassen Road SS Kermit Austad 980 Carver Beach Road SS f,NkD� u RV �A ROY RkRe' 940 Carver Beach Road SS Math Jacobs 941 W. 65th St. RV SS Bill Schoberg 982 W. 65th St. RV SS Name Address 1022 W. 65th St. SS :T'4;t4f4p 4,61' - 6725 Iroquois RV Dale Gregory 696/ Redman SS RV Robert Hruska 6940 Redman RV Jerome Pilkington 6yao keAN/3A) RV Melvin Schmid 1620 W. 63rd St. Duplex Don Ripple 1702 W. 63rd St. RV Mark Kuhnly 1799 Koehnen Cir. West RV Gary Brown 1801 Koehnen Cir. West RV Melvin Anderson 1600 Koehnen Circle East RV 11, ?- W(RTZ 1640 Koehnen Circle East RV Jerry Clark 2161 Melody Hill Road SS 6220 Hummingbird RV TE Gallagher 6271 Hummingbird SS 6280 Hummingbird RV E.J. Mattson 2020 Crestview SS Arnie Reese 2080 Crestview RV William Lehmer 6461 Oriole Lanel. SS Donald Dudycha 6451 Oriole Lane SS RV William Ziegler 6441 Oriole Lane SS Cermaks 2500 Orchard )3as>,vFs,$ Richard Brown 2630 Orchard SS Ralph Livingston 2631 Orchard RV 2661 Orchard RV Obed Melom 2540 Orchard S.S 6321 Sandpiper SS Lot 9 Block 3 RV 2851 Sandpiper RV Oliver L. DeGray 2841 Sandpiper RV ly',-k f, tv i( / ,V Jr --A 6 y so a; P rI RAJ R i Name Address 2837 Sandpiper RV Frank Scott 2730 Sandpiper SS RV Harlan Ninow 2740 Sandpiper SS Allan Tollefson 2831 Washta Bay Road RV Richard Wing 3481 Shore Drive RV Francis Faber 3471 Shore Drive RV Charles Grover 6301 Greenbriar RV Charles Rienstra 2511 Maplewood Cir. SS William Gleason 3501 Maplewood Circle RV Stan Nickle 6530 State Highway 7 Z-Va.Sivfss Willis Friberg 3851 Cartway SS Alvin Gelchus 3841 Cartway RV Dale Wald 6580 Pipewood Curve RV SS Rich Kruger 390.1 Leslee Curve RV Geo Groenke 3811 Glendale RV Keith Anderson 3881 Leslee Curve RV J.D. Conners 3901 Red Cedar Point SS Bernard Leach 3830 Red Cedar Point SS RV John McLeod 3720 Red Cedar Point SS Chuck Anding 3631 Red Cedar Point RV Lockhart -4619 Red Cedar Point RV Ed Uram 3624 Red Cedar Point RV Ed Peterson 3632 Hickory RV Earl Morgan 3724 Hickory RV Philip Morgan 3737 Hickory SS RV Philip Morgan 3735 Hickory SS Robert Thompson 3733 Hickory SS Sydney Krueger 3734 Hickory SS Chester Lobitz 3637 South Cedar RV Arnold Hed 3860 Lone Cedar RV Ralph Kant 3820 Lone Cedar RV Name. Address Larry Buchheit 3820 Lone Cedar RV Mel Lenander 8101 Dakota RV/ Rick Kartak 6450 Chanhassen Road SS R.V. Abresch 55 Pleasant View Road RV J.G. Schroers 65 Pleasant View Road SS H.J. Kask /1-'; rl, , jI-pw Rv,00 ss Arnie Schroeder 175 Pleasant View Road 55 nj¢ViG Larson 345 Pleasant View Road SS ,tc+ti5 �t,12�{ 551 Iroquois RV 520 Iroquois RV (�oTTfi4i�=D ,(orSCf}�� 520 Pleasant View Road SS 665 Pleasant View SS RV 695 Pleasant View RV Sewall Osgood 745 Pleasant View SS RV Peter Price 6250 Ridge Road SS John Edwards 6270 Ridge Road SS Miles Lord 1010 Pleasant View Road RV Ronald Metcalf 6240 Powers Blvd. RV 1065 W. 65th St. RV Gordon Tock 111 W. 34th St. Mpls. 55408 RV c eorD wd'AA f1✓ 631 W. 69th St. SS 6811 W. 68th St. SS Syl. Babatz 6840 Carver Beach Road SS Foster Janich ('7,77 &ARtI4-R 8i't6,z1D SS Richard Ro s s i ng 79 Z E#,qp9--A gam #Y�li ki? Jack Ernst 6735 Nez Perce RV SS J. Infanger 6701 Kiowa SS Lewis Woitalla 6lgv P"O' 'RS 'WAvo RV Name Jerry Bouche-- 7NBk4 puso6Al D.B. Hedlund Brian Windschitl Address 1042 W. 67th St. RV 1022 W. 67th St. Ss 6820 Utica Lane RV 'f RV 6940 Tecumseh Lane RV 6840 Tecumseh Lane RV 6689 Laredo Drive RV