79-14 Variance 7610 Laredo Drive9b
7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317
vT (612) 474.8885
January 25, 1980
Mr. Allen Rothe
750 Vogelsburg Trail
Chaska, MN 55318
Dear Mr. Rothe:
Thank you for providing me with the background concerning your
driveway connection to Highway 101. As I noted, this information
should be considered by the City Council. I will place this item
on the February 18, 1980, City -Council agenda. We attempt to
forward a copy of the agenda, showing approximate times of agenda
items, during the week prior to the meeting. However, I would
suggest that if you do not receive a copy of this agenda by
February 15th that you contact City Hall to verify the approximate
time.
The information submitted by you will be forwarded to the City Council,
as a part of their council packet in regards to this item.
Thank you for your consideration.
Sincerel
f x r
Don Ashworth
City Manager
DA:k
7610 LAREDO DRIVEap.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: City Manager, Don Ashworth
FROM: Sgt. Richard Anding
DATE: January 24, 1980
SUBJ: Douglas Schoen Easement Onto Highway 101
Mr. Schoen called and asked me
Vogelsburg Trail. He has stat
granted him an easement to Hig
safety opinion.
look at the area south of
hat the State of Minnesota has
101 and has asked me for a
I looked at the approximate location and it is of my opinion that
the access onto Highway 101 would be as safe, if not safer, than
Vogelsburg Trail. He will have full view of traffic coming from
the north and south when entering from the driveway.
The Rothe driveway has been"there fora long time and we never have
had any problems with that.
I would recommend approval of the driveway location.
CITY F
CHANHASSEN
7610 LAREDO DRIVEoP.O. BOX 147•CHANHASSEN, MINNESOTA 55317
(612) 474-8885
January 10, 1980
Mr. Alan Rothe
750 Vogelsburg Trail
Chaska, MN 55318
Dear Mr. Rothe:
-'_During City Council discussion of the Schoen variance request it
was noted that in addition to your driveway connecting to Vogelsburg
Trail, you have additionally constructed a driveway accessing
directly to Highway 101..
As a part of the City Council's approval of the original plat for
this area, the City Council was deeply concerned with the potential
traffic hazards associated with connections to Highway 101 and
_limited such connections to Vogelsburg Trail only. This letter is
co notify you that the construction of the driveway, on your
property, connecting directly to Highway 101 is illegal and must
be removed.
If you desire, this item will be placed on a City Council agenda
to appeal this notice. Should you fail to remove the driveway or
fail to appeal this notice to the City Council, this notice will
be forwarded to the City Attorney's office for prosecution.
Should you have any._ questions, please feel free to: contact me.
Sincerely, 1
-Bob waibel
Land Use Coordinator
CITY JF
CHANHASSEN
7610 LAREDO DRIVEeP.O. BOX 147oCHANHASSEN, MINN ESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager, Don Ashworth
DATE: January 7, 1980
SUBJ: Schoen Building and Variance Request, Highway 101 and
Vogelsburg Trail
The report prepared by the City Attorney's office represents the
staff recommendation for this item�l
The Board of Adjustments and Appeals requested to meet jointly
with the City Council, after the City Attorney had researched the
legal aspects of the issue, in- ,making.their recommendation.
1
3
T
uITY OF
CH ASHASSEN
7610 LAREDO DRIVE®P.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
FZTAu".:01 W
DATE: January 4, 1980
TO: Board of Adjustments and Appeals
FROM: Bob Waibel, Ass't. City Manager/Land Use Coordinator
SUBJ: Schoen Variance Request
PLANNING CASE: P-650
As you recall, the Board of
hearing on November 6, 1979
jointly review the proposal
the subject request contains
history of ownership of the;
for complicity to ordinance.''
_historical research, the sta
the City Attorney whose repo
attached hereto.
p stments and Appeals had a public
'the: subject proposal,and moved to
th the City Council. As you recall,
ignificant uncertainty as to the
operty which needed to be clarified
Since the request involves significant
recommendation is being given by
and recommendation you will find
The subject proposal:,`rwill be reviewed by
meeting of January,7', 1979 at 9:15 p.m.
is requested. I:f'you have any questions
not hesitate -to', contact me.
the City Council at its
t which time your presence
or comments, please do
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE
CRAIG M. MERTZ (612) 335-9565
OF COUNSEL .December 28, 1979
HARVEY E. SKAAR
MARK C. WCULLOUGH
Don Ashworth
City Manager
Box 147
Chanhassen MN 55317
Re: Schoen Variance Request
Dear Don:
Reference is made to the Douglas Schoen request for a grant of
a variance to Ordinance 45 to allow for the issuance of a
building permit to construct a single family residence on a
tract of land 0.7 acres in size located between the C&NW Rail-
road right-of-way and the southern line of Bluff Creek Highlands
Second Addition. The tract of land involved is shown as Tract A
outlined in yellow on the attached diagram.
Douglas and Mary Schoen acquired this property and Tract B by
unrecorded contract for deed covering both tracts in, June 1978
from. Jerome Koenke who owned fee title to both Tracts A and B
by virtue of a deed from Stephen Rowland and .wife filed June 22, s
1977.
The conveyancing history of both .Tracts A and B is of significance
in this matter:
Tract A. This 0.7 acre parcel of land was conveyed out of a
larger tract of land by the Teich family to Rose Hesse by, deed filed
May 11, 1959.`-Tract A was then conveyed to Harold Hesse by deed
recorded July 1, 1969. Neither of these deed recordings was in
violation of any state statute or local ordinance.
Tract B. This tract, consisting of approximately 4.'06,acres,
was part of a 50 acre tract of land acquired in 1953 by Edward
Hesse and subsequently conveyed to Harold Hesse by deed recorded
April ,24,"1967. Harold Hesse subsequently conveyed off parcels
of the 50 acre tract with the result that on June 7,""1976 he
owned Tract B, then approximately 4.07 acres in size.
Harold Hesse, on June 7, 1976, then owned Tract A (0.7 acres)
and Tract B (4.06 acres). Tract B is outlined in green on the
attached diagram.
r
Don Ashworth
December 28, 1979
'Page Two
Tracts A and B. These tracts were then conveyed by Harold Hesse
to Stephen Rowland and wife by a single deed filed March 5, 1977.
The recording of this deed as it related to Tract B was in vio-
lation of Minnesota Statute 462.358 (3) and ordinance 33-B as
itwasnot a separate parcel of .land on the date of the adoption
of .the Chanhassen Subdivision Ordinance on February 17, 1969.
Rowland then conveyed Tracts A and B by a single deed filed
June 22, 1977_to Koenke who, by contract for deed dated June 1978,
conveyed A and B to Douglas Schoen and wife.
The effect of these conveyances was to place under single
ownership (Schoen) two separately described land parcels, for one
of which (A), 0.7 acres in size, a building permit is sought.
Ordinance 45 at Section 2.02 restricts building permits in
unplatted areas to one single family residence for each 2-1/2
acre tract, with a front yard of 50 feet, a side yard of not less
than 100,feet on one side and 10 feet on the other side, a rear
yard of not less than 50 feet, and which tract abuts a public
street. In addition, the site must pass a percolation test.
The dimensional tests of Section 2.02 were designed to accommodate
platting of .the 2-1/2 acre parcel when sewer was available to the
property. :But this concept is not viable with respect to Tract A
as it is only,0.7 acres in :size, and further subdivision of the
tract is not possible for obvious reasons.
Is Tract A eligible for -a building permit (assuming a satisfactory
percolation test) because of the common ownership of Tract A and
B by Mr. Schoen, making a total contiguous land ownership of 4.67
acres in size of non -uniform dimension :as is shown by the :attached
drawing? We think not.
The topography of Tract B is a deep ravine with very steep slopes
and in all probability it :is an unbuildable parcel of land with
no road access except 'through Tract A. The only ;building site
potential is Tract A, but it is a separately described parcel of
unplatted land less than 2-1/2 acres in size and therefore ineli-
gible for a building permit under Ordinance 45.
Tract B abuts Outlot C of the Hesse Farm I which is owned by the
City to be retained .in itswild state until it is incorporated into
the greenway/trail system of the City.
We recommend denial of the, variance application for the reason
that the parcel of .land involved is less than 2-1/2 acres in
size and hence does not qualify for a permit under Section 2.02
of Ordinance 45. In addition, there is no effective means by
which the .City could prevent the conveyance of Tract B to 'a third
person as it is a separately described metes and bounds parcel
of land.
Don Ashworth
December 28, 1979
Page Three
Variances can be granted to Ordinance 45 by a 4/5ths affirmative
vote upon a finding that by reason of topography, soil condi-
tions, or other physical characteristics strict compliance with
the requirements of the ordinance would cause an exceptional or
undue hardship to the enjoyment of a substantial property right,
provided that the variance does not adversely affect the .purpose
and intent of the ordinance which was to prevent pollution of
water supplies, lakes and streams by on -site sewage disposal
systems.
(2:W
,
RUSSELL H. LARSON
City Attorney
RHL:ner
Enc
cc John Degnan, Esq.
Bob Waibel
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RICHARDS, MONTGOMERY, COBB S, BASSFORD, P.A.
LAWYERS
FRED B. SNYDER
EDWARD C. GALE
PRANK A. JANEB .. ,,1
NATHAN A. COBB
OECEASEO
BERGMANN RICHARDS 1430 DAIN TOWER
EDMUND T. MONTGOMERY --^�^"•"`^'
PAUL L. SPOONER, JR. MINNEAPO LIS
CHARLES A. BASSFORo ..---'^^—`^"` MINNESOTA 55402
MELVIN D. HECKT
GREER E.LOCKHART
LYNN G. TRUESDELL B[ -"`°""`December l 7, l f179
JEROME C. BRIGGS -------December 1 .LJ J
L. H. MAY, JR.
,
JOHN M.DEGNAN
KEVIN P. KEENAN 1 "•-•�'�
REBECCA L. MOOS
JOHN M.ANOERSON - „r.....
GREGORY P. BULINSKI I ' .....
Russell Larson, Esq.
Larson, Mertz
1900 �,F'irst National Bank Building /a /9r_?�,
Mi76apolis, Minnesota 55402 _
Re: Mr. and Mrs. Douglas Schoen
Schoen Variance Request
Dear I,ir. Larson:
Based on our previous telephone conversation and
your correspondence of December 6, 1979, I have recommended
to Mr. and Mrs. Schoen that they deposit the requested
$300.00 with the City of Chanhassen for the processing
of their variance request.
In reviewing this matter, I feel that you should
know some of the background involved. on April 8, 1978,
the Schoens entered into a purchase agreement with Mr.
Jerome Koenke to purchase the subject property. This
was based on the premise that they could build their
home on this property. This was discussed with Mr. Koenke
prior to entering into the purchase agreement and it was
represented to the Schoens that it was possible to build
on this property. Subsequent to the signing of this
purchase agreement, Mr. Schoen spoke with the Chanhassen
City Inspector who knew of this piece of property (actually
two adjoining parcels) and stated that Mr. Schoen could
build on that land.
In addition, as a part of my title examination,
I inquired at the City as to.whether several ordinances
or moratoriums would affect Mr. Schoen's desire to build
on this lot. I was also told that there would be no
problem.
Relying on the above, Mr. and Mrs. Schoen signed
a Contract for Deed with Mr. Koenke in June of 1978.
At that time they used the majority of their life savings
Rijssell H. Larson, q.
December 17, 1979
Page,two
for the down payment.
By setting forth the above facts I do not mean to place
the blame on anyone but merely to demonstrate the impossible
predicament and hardship which the Schoens are now in. Hence,
we respectfully request that you recommend the approval of
this variance to the City.
We thank you for your assistance in this matter.
If you should need anything further from us, please feel
free to call.
Yours very truly,
John M. Degnan
for
RICHARDS, MONTGOMERY, COBB & BASSFORD, P.A.
JMD:pak
cc: Don AshworthL/
Bob Waibel
.s . t� �• `f`
RICHARDS, MONTGOMERY, COBB & BASSFORD, P.A.
LAWYERS
FRED B. SNYDER
EDWARD C. GALE
FRANK A. JANES
NATHAN A. COBB
D ECEPSEO
612 340 -6950
BERGMANN RICHARDS IA30 DAIN TOWER
EDMUND T. MONTGOMERY M I N N EAPO L15
PAUL L. SPOONER, JR.
MIN NESOTA 65402
CHARLES A. BASSPORD
MELVIN O. HECKT
GREER E.LOCKHART
LYNN G.
JEROME TR BRIGGSL Il[ December 17, 1979
JEROME O.BRIDEL
L. H. MAY, OR.
JOHN M.DEGNAN
K EVIN P. KEENAN
REBECCA L, MOOS
JOHN M. AN DER50N
GREGORY P.BIILIN5K1
Russell x. Larson, Esq.
Larson & lertz
1900 Fi st National Bank Building
I�tinnea olis, Minnesota 55402
Re: Mr. and Mrs. Douglas Schoen
Schoen Variance Request
Dear Mr. Larson:
Based on our previous telephone conversation and
your correspondence of December 6, 1979, I have recommended
to Mr. and Mrs. Schoen that they deposit the requested
$300.00 with the City of Chanhassen for the processing
of their variance request.
In reviewing this matter, I feel that you should
know some of the background involved. On April 8, 1978,
the Schoens entered into a purchase agreement with Mr.
Jerome Koenke to purchase the subject property. This
was based on the premise that they could build their
home on this property. This was discussed with Mr. Koenke
prior to entering into the purchase agreement and it was
represented to the Schoens that it was possible to build
on this property. Subsequent to the signing of this
purchase agreement, Mr. Schoen spoke with the Chanhassen
City Inspector who knew of this piece of property (actually
two adjoining parcels) and stated that Mr. Schoen could
build on that land.
In addition, as a part of my title examination,
I inquired at the City as to whether several ordinances
or moratoriums would affect P4r. Schoen's desire to build
on this lot. I was also told that there would be no
problem.
Relying on the above, Mr. and Mrs. Schoen signed
a Contract for Deed with Mr. Koenke in June of 1978.
At that time they used the majority of their life savings
Russell H. Larson,.
December 17, 1979
Page two
for the down payment.
By setting forth the above facts I do not mean to place
the blame on anyone but merely to demonstrate the impossible
predicament and hardship which the Schoens are now in. Hence,
,we respectfully request that you recommend the approval of
this variance to the City.
We thank you for your assistance in this matter.
If you should need anything further from us, please feel
free to call.
Yours very truly,
John M. Degnan
for
RICHARDS, MONTGOMERY, COBB & BASSFORD, P.A.
JNID : pak
CC. Don Ashworth
%
Bob Waibel(
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December b, 1979
John M. Degnar, Eaq
1430 Dain Tower
Minneapolis MN 55402
Roc Douglas Schoen
City of Chanhassen
Dear Mr. Degnan,
Reference is made to your letter of November 20t 1979'to Don
Ashworth, City Manager, relative to the above matter.
e can understand your concern relative to the requirement of a
300 deposit by, . Schoen.before,proceeding with a staff
review of the variance requests however, this is a requirement
under Section 19.18 of the tinning ordinance, a copy of which i
attached.
The City is met with zany requests for variances, conditional
use permits, re onings, Ito,, which require more than routine
review and expense by ;the City staff, with the consequence that
the City Council has doterminedthat the applicant rattier than
the taxpayers of the City bear these casts.
It is our judgment that the $300 deposit request is reasonable and
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Sofa Waibel
C 6
h; DEC1979
RECEIVED .
V ELLALGE. OF,
t`- MANNe
s`°Z021k�7� a
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December 61 1979
John H. Degnant Esq
1430 Dain Tower
Minneapolis XN 55402
Re: Douglas Schoen
City of Chanhassen
Dear tor. Deguano
Reference is made to your letter of November 2.0f 1979 to iron
Ashworth, City Hanagerp relative to the above matter.
we can understand your concern relative to the requirement of a
300 deposit by Mr. Schoen before proceeding with a staff
review of the variance request, however, this is a requirement
under Section 19.1E of the zoning 9rdina4cef a copy of which is
attached.'
The City is met: with ny re uests'for variances, conditional
use permits, resonings, etc.$ which require more than 'routine
review and expense by the City staff, with the consequence that
the City Council has determined that the applicant rather than
the taxpayers of the City bear these cosh.
Y� x 7
I
i
e
RICHARDS, MONTGOMERY, COBS & BASSFORD, P.A.
LAWYERS
FRED B. SNYDER
EDWARD C. GALE
FRANK A. JANES
NATHAN A. COSS
OECEASEO
612 340-8950
BERGMANN RICHARDS 1430 DAIN TOWER
EDMUND T. MONTGOMERT
PAUL L. SPOONER, JR. MINNEAPOLIS
CHARLES A. BASSFORD MINNESOTA 55402
MELVIN D. HECRT
GREER E.LOCKHART
LYNN G.TRUESDELL II[ November 2O
JEROME O. BRIGGS , 1979
L. H. MAY, JR.
JOHN M. DEGNAN
KEVIN P. KEENAN
REBECCA L. MOOS
JOHN M.ANDERSON
GREGORY P. BULINSKI /
Mr. Don Ashworth
City Manager
City of hanhassen
7610 Las edo Drive
P.O. Box 147
Chanlxassen, Minnesota 55317
Re: Property of Mr. and Mrs. Douglas Schoen
Dear Mr. Ashworth:
We are the attorneys representing Mr. and Mrs. Douglas
Schoen with regard to the above entitled matter. They have
just transmitted to me a copy of your letter of November 16,
1979. I am happy to hear that your City Attorney will be
reviewing this reasonable request for a variance and. hopefully
will be recommending its acceptance. However, to suggest that
the Schoen's pay $300.00, or any amount, for your City Attorney
to research this matter is unreasonable and unheard of. I cannot
recommend to my clients that they acquiesce in this request.
Due to the particular circumstances in this matter,
particularly the hardship, I request that you make your
recommendation to the City Council without delay in accordance
with your Variance Ordinance. As I understand it, the City
Council may take action on the variance in any event if no
_decision is transmitted to them within sixty days after referral
of the application for variance to the board. We would respectfully
request that your recommendation be made to the City Council well
before the sixty days. In any event, under the circumstances, the
Schoen's will pursue whatever action is necessary to obtain their
variance in this most unfortunate situation.
We thank you for your assistance and cooperation in this 1
matter. If you should have any questions, please feel free t
contact me. t9i9
Yours very truly,
c� V i1LLAGF Of
<� cxwcaxASSF-°N,
xnsears. a
John M. Degnan lfGl
for
, /ZMD:pak RICHARDS, MONTGOMFRY, COBB & BASSFORD, P.A.
V cc: Bob Waibel, Asst. Manager/LUC
CHANHASSEN
7510 LAREDO DRIVE®P.O. BOX 147®CHANHASSEN, MINN ESOTA 55317
(612) 474-8885
November 16, 1979
Mr. Douglas Schoen
891 Howard Lane
Chaska, MN 55318
Dear Mr. Schoen:
City Council consideration of your variance request for the property
located at the intersection of MTH 101 and the Chicago and Northwestern
Railroad had originally been scheduled for the meeting of November
19, 1979.'+' The City Attorney upon reviewing the request, has indicated
that his office will need to do considerable research to ascertain
the conformance of the request to the city ordinances. In the
performance of said research, it has been indicated that an escrow
account in the amount of $300 will need to be posted with the city
treasurer to defray costs in processing your application. Additionally,
we will need copies of the updated abstracts for the properties
referenced on the F. C. Jackson survey dated March 26, 1973. For
your scheduling purposes, the city council meets regularly on the
lst and 3rd Mondays of the month, and the above mentioned abstracts
should be made available to the city attorney's office at least
seven days prior to any city council meeting you may wish to have
this rescheduled on.
If you have any questions or comments, please do not hesitate to
contact me.
Sincerely,
Don Ashworth
City Manager
cc: Russ Larson, City Attorney
Bob Waibel, Asst. Manager/LUC
MINUTES
BOARD OF ADJUSTMENTS AND APPEALS
Public Hearing - November 6, 1979
Schoen Variance Request
Persons present were: Willard Johnson, Dick Pearson, Bob Waibel,
Douglas Schoen, Mary Schoen, James Sulerud and Allen Rothe.
Bob Waibel gave a verbal presentation describing the request in
its relation to the policy on building permits in the unsewered
area and the proposed property access and site distance problems
in the vicinity. Mr. Waibel recommended approval of the request
with reservation for an opinion by the City Attorney regarding
the canpliance of the property holding to the conveyance provisions
of Ordinance 45 and also on the grounds that the subject property
is presently isolated by ravine to the west, railroad to the south,
Mn. Trunk Highway 101 to the east, and existing development to the
north which would pose no inhibiting problems to the future
urbanization of surrounding vacant lands. Mr. Waibel additionally
recommended that should the access be limited to the Schoen property
itself, that the applicants submit a grading and erosion control
plan for the access for the approval of the City Engineer.
Mr. Sulerud stated opposition to the proposal for the reasons stated
in his letter of opposition.
Mr. Rothe objected to the proposal stating that it would be a
detriment to his privacy.
The Board of Adjustments and Appeals, in light of the lack of
clarity on the history of the conveyance of the property, moved to
defer decision on the subject request until joint discussion with
the City Council accompanied by the City Attorney's opinion could
be scheduled. Motion made by Dick Pearson, seconded by Willard
Johnson. Unanimous.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENTS AND APPEALS
An appeal has been filed with the Zoning Administrator for
a variance of Zoning Ordinance 47. The Board of Adjustments and
Appeals will conduct a hearing on this appeal on Tuesday ,
November 6, 1979 , at 7:30 p.m. , at City Hall, 7610 Laredo Dr.
A plan showing said variance request is available for inspection
at ,City Hall. All interested persons may appear and be heard at
said time and place.
-APPLICANT: Douglas M. Schoen
PROPOSAL: To construct a single family dwelling on the property
shown in the attached graphic to wit a variance to Ordinance 45 for
building in the unsewered area of the city, and a variance to
subdivision ordinance 33 for a joint access is being requested.
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Minnesota Department of Transportation
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2TOF TPP2055 No. Lilac Drive
Golden Valley, Minnesota 55422 (612)545-3761
November 1, 1979
Mr. Douglas M. Schoen
891 Howard Lane
Chaska, MN 55318
In reply refer to: 325
C.S. 1009 T.H. 101
Permit #5AD-79-113 I
Loc: 1/8 Mile North of T.H. 212
Dear Mr. Schoen:
A driveway permit has been approved based on your application dated
October 16, 1979, at the above referenced location.
This permit may be obtained at the Golden Valley Office Permit Section
upon deposit of a certified check or surety bond in the amount of $100,
payable to the State of Minnesota, Department of Transportation.
Said permit, or a copy thereof, shall provide the applicant, or his
contractor, the right to construct the approved driveway on the high-
way right-of-way in accordance with the Rules and. Regulations, the,
Special Provisions, and sketches contained in the permit.
Sincerely,
�i �J, �Y✓�J J� ...V Yr ��
Thomas J. Andee��erle
Permit Technician
TJA:mrh
{031
-<
CD
An k;qual Oppnrhmlty Emplayar
This Permit 1 ..Approved subject 10 ItIc Pollow, ? l:vuU1.Llous:
1.) The location of the access is approved as shown on the applicant's
attached plan. The dimensions of the access are approved as shown
on the State's attached driveway construction form.
2.) If the access will be bituminous surfaced, the bituminous surfacing
shall extend to and match the existing bituminous roadway.
3.) The side slopes of the cut section through the backslope shall be
a minimum 4:1 slope.
4.), The applicant shall perpetuate the existing drainage.
5.) The attached "Special Provisions" shall be a part of this permit.
6.) The applicant shall notify Mr. Gordon McKinnon, at 545-3761, one (1)
week before starting work so State inspection may be arranged.
7.) The applicant has furnished the State with 1100.00 surety.
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September 28, 1979
730 Vogelsberg Trail
Chaska, Minnesota
Mr. Roman Roos, Chairman
Chanhassen Planning Commission
7610 Laredo Drive
Chanhassen, Minnesota 55317
Dear Mr. Roos:
I request that I be given time on your Planning Commision agenda on
the evening of October 10, 1979, to discuss with you the following
problem:
The Planning Commission will soon receive an application for a
variance to allow the issuance of a building permit on a piece of
land immediately to the northwest of the intersection of State High—
way 101 and the Chicago and Northwestern Railway line. This
property lies to the south and west of Bluff Creek Highlands 2nd
Addition.
I would like the Planning Commission and the City Council to go on
record with the findings (a) that this property is inappropriate as
a building site, and take action to remove the permissive zoning
designation that covers a part of the proposed five acre property
and (b) that any hardship experienced by the present or any subsequent
owner is far less than the hardship to be experienced by the neigh—
borhood and community at large in terms of safety and environmental
impact.
History
March 26. 1971 Chanhassen adopted Ordinance No. 45 that states
that no home may be constructed on unplatted
property after March 26, 1971 unless the
property is greater than five acres and was
described as such prior to that date.
May 19, 1972`Bluff Creek Highlands 2nd Addition Plat filed.
September 8, 1972 I purchased Lot 2, Block 1, Bluff Creek High—
lands 2nd Addition.
June 7, 1976 Steven Rowland purchased property in question
from Harold Hess for approximately $5,500.and
filed March 15, 1977. This was the first time
this piece of property was seperated and so
described.
I
page 2
September 28, 1979
Fall 1976 I informed Mr. Rowland that I thought his
property did not constitute a legal building
site.
June 1977 Property sold to third party on contract.
June 1978 Property sold to f6urth;+panty on contract.
September 1979 Property is presently for sale for about
$25,000.
Basis for Requested Findings
1. The series of sales and accompanying escalation of price con—
stitutes an assumed risk on the part of the property owner and
does not constitute a hardship. Any hardship that is perceived
by the property.owner is self—imposed and results from no action
or fault of the City or any other party other than the seller.
2. If the City were to grant a variance based on hardship, greater
hardship would result.
Access to State Highway 101 from the property would create a
general hazard. Mr. Reichow, Roadway Regulations Supervisor for
the District 5 (Golden Valley) Office of the Minnesota Department
of Transportation stated on this day that he is familiar with
the property in question. He feels that no access should be
permitted within 600 — 700 feet of the railroad bridge and that
he would deny such an application. He further stated that if the
applicant were to contest the denial in court, the applicant may
win due to the fact that this highway is not designated for
controlled access. However, their permits read that all local
permits, regulations, etc. must be met. The MDoT attorneys have
advised that MDoT may not absolve themselves of any resulting
liability for such access, even if they obtain such a signed
statement from the applicant. His implication was that the
City, too, is taking on a liability risk which may not be waived
by the applicant.
The construction of an access to State Highway 101 would also
require the removal of hundreds of yards of material and the
cutting of a stable oak and maple stand that now protects the
Bluff Creek hillside from erosion.
The present and subsequent owners of Lots 3 and 4 of Block 1,
Bluff Creek Highlands 2nd Addition would suffer hardship because
the homes on those lots were planned with the appropriate expec—
tation that no housing would be constructed on the property in
question.
All the property owners in Chanhassen wound suffer from the
g
j
Page 3
September 28, 1979
precedent set by the City and the resulting threat that other such
-financial hardships may be "created" by prospectors and "solved"
by variances granted by the City.
3. Futher, the City should find that this is an inappropriate build-
ing site and remove the permissive zoning designation. This
finding can be made independant of the question concerning
platting requirements. I feel confident that if 10, or even 100,
professional land use planners were consulted for their deter-
mination of an appropriate use for the property in question, 100%
would find it inappropriate as a residential building site.
I request an appearance before you at this time,.prior to a variance
application being filed, because I support your progressive compre-
hensive planning efforts and wish to avoid reactive planning as in
the variance process. Itseems appropriate to put prospective buyers
on notice and hpefully avoid the perpetuation of "hardship.,'
I am looking forward to our discussion on the loth.
Sincerely,
JanlKs M. Sulerud
I
I
,a
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 October 24, , Ig 79 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
Variance for Douglas M. Schoen in the
4
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.
Don Ashworth, City Manager
Subscribed and sworn to before me
this . day of Lsin
// Notary Public
b KARENJ. ERGELNARDf
NOTARY PU BUC MINNESOTA.
CAR\ RCOUNTY
.... MY co -miss, - .spires Oct. it, 1985
Mr. Pazl Allen
14."_v Bluff Creek Driv'
A.T. Rosen
Chaska, MN 55318
4143 Colfax Ave. Sou
Minneapolis, MN 554u9
Mr. Harold Hesse
Mr. John Malzahn
Mr. Richard Pearson
1425 Bluff Creek Drive
2
7307 Frontier Trail
Chaska, MN 55318
Rt.
Chaska, PIN 55318
Chanhassen, MN 55317
Mr. John Force
Mr. James Pederson
Mr. Willard Johnson
1001 Hesse Farm Road
480 Mandan Circle
1660 W. 63rd St.
Chaska, MN 55318
Chaska, MN 55313
1- Excelsior, MN - 55331
Mr. John Phillips et al
Rt. 1 Box 30-1
Mr. Ervin Remmich
Mr. Tom Droegemuller
Chaska, MN 55318
1190 Bluff Creek Drive
508 Laredo Lane
Chaska, MN 55318
i Chanhassen, MN 55317 -
Mr. James Sulerud
730 Vogelsberg Trail
Mr. Todd Alcott
Chaska, MN 55318
1161 Bluff Creek Drive
Chaska, DIN 55318.
r�
1
Occupant
'
740 Vogelsberg Trail
Mr. Spencer Boynton
Chaska, MN 55318
- 777 4th Street
Chaska, MN 55318
Mr. Allen Rothe
Q
750 Vogelsberg Trailo-.�
"
Chaska, MN 55318
Mr. George Burshek
5 S'
i
675 Lakota Lane
Chaska, MN 55318
s
Esther Teich
`+
c/o Roy Teich
.;
Rt. 1
Chaska, MN 55313
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6 -24-x
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VARIANCE PETITION
CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application
-Date
Fee Paid A
Received by¢�-
l --
Applicant:
Daytime Phone # 448--2854
Name:
Last
first Initial
Address: 891 Howard Lane
Chaska, Minnesota 55318
Number and Street
City State
Zip Code
Owner
Name: 891 Howard Lane
Chaska, Minnesota 55318
Lumber and Street
City State
'Lip d
Address of Property in Question*
Located on the west side of Highway
101-and bounded on the south by the
Chicago Northwestern Railroad.'
Legal description of property in
question:
s' *see attached -description
Reason for Request:
We wish to construct a single family
dwelling on thioperty,-
Present zoning of property: g 1
ReSidonti"a7
Present use of property: This p=pertry
is presently vacant
The following documents shall be attached to this application:
'Date Received Initial
1. Dimensioned Sketch Plan
2. Abstractors Certificate
(Names and addresses of
property owners within
350 feet of subject
property).
3. Signatures
I hereby declare that all statements made in this application and on
the attached documents are tau atthat 1 shall reimburse the City
of Chanhassen for all City ee ns��s .incu d�y,,f pro es--ng this
application_
� 9
Sig atur ' pp` u ca t
✓fl✓f P /
Signature of Owner
Dat
:Received by Title. Date
(Following to be completed by Zoning Administrator or City Official).
CHRONOLOGY
DATE
BY
Report Written
Copies for Comments to: Mgr
Treas. ( ), Atty. ( ), Engr. (.).
Bldg. ( )
Public Bearing Ordered
Adjacent property owners notified '
Public Hearing by Board of
Adjustments and Appeals
Public Hearing
Application on Council Agenda
Council Postponed to
Council Action
Staff Board of
'ustmen
wP9
(1) Will the particular physical Yes No Yes No
surroundings, shape or topo-
graphical conditions of the
specific parcel of land
involved, cause a particular
JL3ad,hip to the owner, as
distinguished from a mere
inconvenience, if the strict
letter of the regulations
were to be carried out?
(2) Are the conditions upon which
m Ex.tition for a variat.ion is
IklstAd unillue to the pa roe'_1 of
land for Vnich the variance
is soughL and not applicable,
generally, to other pxlLx:rty
within the sawe zoning
classification?
(3) Is the: alleged difficulty or
hardship caused by this ordi-
nance and not by any persons
presently having an interest
in the parcel of land?
(4) Will the granting of the
variance be detrimental to
the public welfare or injurious
to other land or improvements
in the neighborhood in which
the parcel is located?
(5) will the proposed variation
impair an adequate supply of
light and air to adjacent
property or substantially
increase the congestion of
the public streets, or increase
the danger of fire, or en-
danger the public safety
or substantially diminish or
impair property values within
the neighborhood?
Yes
No
Yes
hb
Yes
kb
Yes
nb
No IYes
No IYes
BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION (Variance Request)
On this day of 19 , this Variance
Request was recommended for -(approval), (disapproval) subject to the
following conditions;
Chairman, Board of Adjustments & Appea
'Action by City - Variance Request
On this day of 19 , the Chanhassen City
Council, Carver and Hennepin Counties, b3innesota (approved), (disapprove(
this Variance Request subject to the following conditions:
By order of the Chanhassen
City Council
Mayor
Attest:
City Aclminzstrator
r
C
RICHARDS, MONTGOMERY, COBB SL BASSFORD, P.A. 7 >r
LAWYERS
FRED B.SNYDER
EDWARD C.GALE
FRANK A.JANES
NATHAN A. COBB
DECEASED
612 340-5950
BERGMANN RICHARDS 1430 DAIN TOWER
EDMUND T. MONTGOMERT MINNEAPOLIS•
PAUL L. SPOONER,JR.
CHARLES A. BASSFORD MINNESOTA 55402
MELVIN D. HECHT
GREER E. LOCKHART
LYNN G. JEROME C. L BRIIGGS
L. H. MAY, OR. July 2, 1979.
JOHN M.DEGNAN
KEVIN P. HEENAN
REBECCA L. MOQS
JOHN M. ANDERSON
Mr. Robert Waibel
City of Chanhassen
7610 Laredo
Chanhassen, Minnesota 55317
Re: Jerome Koenke Property
Dear Mr. Waibel:
Pursuant to our telephone conversation of July 2, 1979,
I. have enclosed a copy of the legal description and plat maps
with regard to the above property. After you have had an
opportunity to review the same, please advise as to what
steps must be taken to build on this property.
Thank you for your assistance on this matter.
r
our(ve y`truly,
�y
f or
RICHARDS, MOI{TGOMERY, COBB & BASSFORD, P.A.
JMD:pak
enclosure
hZ) CP
cii%I.�u'f�.`� t�
Ln v
&ft
-fit
7
That part of the NE 1/4 Sec. 35-116-23 described as follows:
Comm. at NE cor. of said NE 1/4; th. S. assumed bearing,
along the E. line of said NE 1/4 a dis. of 1119.0 ft to the
actual pt. of beg; th. N. 85* 47' 06" W. par. with the N. line
of said NE 1/4 a dis. of 253.14 ft; th. N. 34* 17' W. a dis.
of 137.66 ft more or less to a line 330.0 ft W. of , measured
at right angles to, and par. with the E. line of said NE 1/4;
th. S. -par. with said E. line 684.07 ft. more or less to Nly
.
rt/wy line of Chgo. N.W. RR; th. N. 87* 19; 30" E. along said
RR rt/wy line to E. line of said NE 1/4; th. N. along said E.
line to pt. of beg. Also, that part of Nil 1/4 of Sec. 36-116-23
described as follows: Comm. at intersection of Wly. boundary
of T.H. No. 101 and the Nly. boundary of Mpls. & St. L. RR and
running th. Wly. along said Nly. boundary a dis. of 240.7 ft
to W. line of Sec. 36; th. N. along said W. line a dis. of
170.0 ft; th. SEly. to a pt. on said Wly. boundary and a dis.
of 80.0 ft. Nly. of pt. of beg. th. Sly. to the pt. of be.
All of above property contains 5.0 acres more or less.
GRADING PERMIT NO. 92-15
PERMIT dated October 26 , 1992, issued by the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City"), to
STEVE ROWLAND/WM. MUELLER & SONS. INC. , ("Applicant").
1. Request for Grading Permit. The Applicant has asked the
City to approve a grading permit for filling a ravine along Trunk
Highway 101 near Vogelsburg Trail with approximately 500 cubic
yards of material. The land is legally described as:
P.I.N. 25-0360100 NW h SEC 36 T 116 R 23
2. Conditions of Approval. The City hereby approves the
permit on condition that the Applicant abide by its terms and
furnish the security required by it.
3. Plans. The property shall be graded in accordance with
the following plans. The plans shall not be attached to this
permit. If the plans vary from the written terms of this permit,
the written terms shall control. The plans are:
Plan A --Grading Plan
4. Time of Performance. The Applicant shall complete the
grading and erosion control by November 30 , 1992. The
Applicant may, however, request an extension of time from the City.
If an extension is granted, it shall be conditioned upon updating
the security posted by the Applicant to reflect cost increases and
the extended completion date.
5. Erosion Control. Plan A shall be implemented by the
Applicant and inspected and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast-growing seed
suitable to the existing soil to provide a temporary ground cover
as rapidly as possible. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling
erosion. If the Applicant does not comply with the erosion control
plan and schedule or supplementary instruction received from the
City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Applicant in
advance of any proposed action, but failure of the City to do so
will not affect the Applicant's and City's rights or obligations
hereunder. If the Applicant does not reimburse the City for any
cost the City incurred for such work within thirty (30) days, the
City may draw down the letter of credit to pay any costs.
6. Clean up. The Applicant shall daily clean dirt and
debris from streets that has resulted from construction work by the
Applicant, its agents or assigns.
7. Security. To guarantee compliance with the terms of this
permit, the Applicant shall furnish the City with a cash escrow or
irrevocable letter of credit from a bank ("security") for
$ N/A . The bank and form of the letter of credit shall be
subject to the approval of the City Administrator. The letter of
credit shall be for a term ending N/A , 1992.
8. Responsibility for Costs.
A. Except as otherwise specified herein, the Applicant
shall pay all costs incurred by it or the City in conjunction with
the grading and erosion control, including but not limited to
inspection expenses incurred in connection with approval and
acceptance of the permit.
B. The Applicant shall hold the City and its officers
and employees harmless from claims made by. itself and third parties
for damages sustained or costs incurred resulting from permit
approval and work done in conjunction with it. The Applicant shall
indemnify the City and its officers and employees for all costs,
damages, or expenses which the City may pay or incur in consequence
of such claims, including attorney's fees.
C. The Applicant shall reimburse the City for costs
incurred in the enforcement of this permit, including engineering
and attorney's fees.
D. The Applicant shall pay in full all bills submitted
to it by the City for obligations incurred under this permit within
thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all work and construction.
9. Applicant's Default. In the event of default by the
Applicant as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Applicant
shall promptly reimburse the City for any expense incurred by the
City, provided the Applicant is first given notice of the work in
default, not less than four (4) days in advance. This permit is a
license for the City to act, and it shall not be necessary for the
City to seek a court order for permission to enter the land. When
the City does any such work, the City may, in addition to its other
remedies, assess the cost in whole or in part.
10. Notice. The Applicant must notify the City Engineer in
writing a minimum of 48 hours prior to construction.
11. Watershed District Permit. The Applicant shall comply
with the conditions of the attached Watershed District permit,
especially as it relates to seeding and restoration of vegetative
cover. NOT APPLICABLE UNDER ONE ACRE IN SIZE-
12. site specific Conditions.
A. Clean fill material only. No landscaping or
construction debris.
B. All disturbed areas shall be seeded and mulched upon
completion.
C. Remove trees from ravine prior to filling.
CITY
BY
(SEAL)
BY:
STATE OF MINNESOTA )
{ ss.
COUNTY OF CARVER }
Don Ashworth,
ty Manager
The forego' q instrument was acknowledged before me this
o day of'. ��m.�tiU✓ 1 1992, by Donald J. Chmiel, Mayor, and
by Don Ashworth, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
/N¢TARY(5UBLIC
KA N J.ENGELHARDT
STATE OF MINNESOTA
}
NOT451 PUBLIC-NNNESOTA
j�
( ss.
j`y"j t-j CARVER COUNTY i
COUNTY OF (= n, 0 7
}
— _... _-Co—msmExPirs— 76. i997+
The foregoing
instrument
was acknowl,dged before me his
,�Q_ day of ylrrre
L��,� ,
1992, byO
NOTARY PUBLIC
DA M. KAUHER
NOTAAY PUBLIC
7CARVERCOUNTY
E07
DRAFTED BY:
MY MWI0i E+ Pa 41&0
City of Chanhassen
690 Coulter Drive
n ,
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
VICTORIA E. CHURCHILL
NOTARY PIsUC • MINNEW: TA
CARVER COUNTY
Syr croon Y 6N
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That _cart of the Northeast 1/4 of Section 35, TowrisTip"i16, Rani�e
CarvE_- County, Minnesota, described as follows: COLImencing at the_North-
east corner of said Northeast 1/4; thence South, assumed bearing, albb
, feet to the
the east line of said Northeast 1/4 a distance of 11190 f actual point of beginning; thence North 85°-4710611 west parallel wlq;':p�the
north line of said Northeast 1/4 a distance of 253.14 feet; thence North
341 17' West a distance of 137.66 feet, more or less, to a line 330.0
feet west of, measured at right angles to, and parallel with the east line!
of said Northeast 1/4; thence South parallel with said oast line 684.07
feet, more or less, to the northerly right of way 'Line of the Chicago
Nor ar?estern Railroad; thence North 870 19°3001 East along said Railroad
right of way line to the east line of said Northeast 1/4; thence North
alo.. said east line to the point of beginning. Also, that part of the
Northwest 1/4 of Section 36, Township 116, Range 23, Carver County, Min-
nesoua, described as follows; Commencing at the intersection of the
Wesuerly boundary of Trunk Highway No. 101 and the northerly boundary :
of the Mpls. and St. Louis Railroad and running thence westerly along t,
said northerly boundary a distance of 240.7 .feet to the west line of Section,36; thence north along said west line a distance of 170.0 feet
thence southeasterly to a point on said westerly boundary and a`distance
of 80.0 feet northerly of the point of beginning; thence southerly to
at of beginning. All of the above property contains 5.0'acres,
"more or less,
4, .i�
Ok
0 ❑❑❑❑❑❑
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