78-04 Variance Lot 3 Block 1 Trolls Glen 1st AdditionCITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: June 7, 1978
TO: City Manager, Don Ashworth and City Attorney, Russ Larson
FROM:, Assistant City Planner, Bob Waibel
SUBJ: Agreement for the Andrus Variance
As you remember, the council voted to approve a variance request
for Bud and Darlene Andrus conditioned upon the execution of an
agreement between the applicant and the City concerning any
possible problems resulting from the granting of a front yard
variance and the phisography of this property. Attached hereto
is a draft of the agreement. I would appreciate your comments
as to any changes that could be made to this draft.
4
AGREEMENT OF VARIANCE
The following "Agreement of Variance" is hereby entered into between
Nelson (Bud) Andrus and Darlene Andrus, petitioners for variance, and
the City of Chanhassen whereby both parties agree to the following in
connection with the approval for a front yard variance of 1312 feet on the
property legally described as lot 3 block 1, Trolls Glen First Addition:
The Petitioners, Nelson (Bud) Andrus and Darlene Andrus, and any future
fee owners, hereby agree that the City of Chanhassen is held free of
responsibility to any structural or architectural problems resulting
from the granting of said variance and the physiography intrinsic to
this property.
In witness whereof, the parties have executed this agreement this
day of , 1978.
PETITIONERS
Nelson (Bud) Andrus
rlene Andrus
In Behalf of the City of Chanhassen
Don Ashworth, City Manager
F.
CITY OF 9
CHANHASSEN ��
7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
pru
PLANNING REPORT
DATE: June 1, 1978
TO: City Manager, Don Ashworth
FROM: Assistant City Planner, Bob Waibel
SUBJ: Front Yard Setback Variance Request for Nelson "Bud" Andrus
,irtinn by Council:
PLANNING CASE: P-547
Endorsed
Modified___-_
Petition Rejected
Date��¢.l
IZEI
Mr. Andrus is proposing to construct a single family residential
residence on Lot 3, Block 1, Trolls Glen lst Addition. His proposal
will.r.equire a 132 foot variance to the 30 feet required by ordinance
47.
Background
1. Community Location: As shown in enclosure 1, the subject property
is located in the Trolls Glen Addition on the southwest shore of Lake
Minnewashta.
2. Existing Zoning: The subject property and it's environs are zoned
R-1, single family residence district.
3. Utilities: Sanitary sewer and municipal water are available to
the subject property.
Planner's Comments
1. As shown in enclosure 2, the subject property has a significant
amount of local relief between the street and the lake shore. The
estimated high water elevation of Lake Minnewashta is 944 feet ASL.
Also indicated in enclosure 2, are the location of the trees the
applicant hopes to retain which is essentially the reason for the
request.
2. City file P-239 has record of a similar variance granted to the
owner of the adjacent lot to the north. This property was given a
10 foot variance to the front yard setback requirements under the
condition that a signed agreement between the city and a certified
architect be executed whereby the city has no liability for any and
Mr. Don Ashworth -2 June.5, 1978
all hazards intrinsic to the property.
3. The subject property is located on the outside of the curb on
Lone Cedar Lane, as such that any traffic site distance problems are
non-existent.
4. The Board of Adjustments and Appeals held a public hearing on May 16,
1971, and voted to recommend approval of the request subject to the
execution of an agreement such as the one in city file P-239
between the city and the architect and/or owner.
Recommendation
I recommend the city council approve this variance request in concurrence
with the conditions stated by the Board of Adjustments and Appeals.
section by C" AdminWrIW
Endorsed_L�
Modifies+— --
Rejected____—
Dat
pate Submitted io COmmiSliOA
7tCd W C A!'Cll
��- 7
-24-
VARIANCE PE'ITION
VAR•
CITY
ASS
CARVER AND iiENKEPI
F' CiiA1VH' EN CASE NOS
APPLICATION Pon
CONSIDERATION
N COUNTIESMIN
CONSIDE NESOTA
RATION .
OF PLANNING REQUE
ST
Applicant:
Name:
Last
Address:
N
V�
r and $ tree t ?l .�...
owner
i•Iame ;
and S twee tom__
Address Of
0 �iL. Property
In Q'I Lion :
Date o
Fe,e PafdApplication
Recei Ved b Date
.?
Daytime Phone
�S C3 �!
First
InY ti al
c� F; .
Y Tate 5��
zip e.
Ci ty ---,
State
Legal
descr.ipt1on of
[,roPe�ty in question:
Reason —~
for Recjuest:
1-4
h
Present
zoning oy
Pre Property:
Sent use of Property.
The following documents sha 1 1
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 stt a the attached documents are I- ram- - - of Chanhassen for all City x _
application.
(Following to be completed by -
CHRONOLOGY
Report Written
Copies for Comments to: rlgr
Treas . ( ) , Atty. .
Bldg. ( )
Public Hearing Ordered
Adjacent property owners no-t -
L
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 true and that I shall reimburse the City
of Chanhassen for all City expenses incurred in processing this
application.
ignature of Applicant
U
T-Signature of Owner
-71
r
Date
Received by Title Date
(Following to be completed by Zoning Administrator or City Official).
CHRONOLOGY
DATE
BY
Report Written
-
-
Copies for Comments to: M ( ).
Treas. ( ) , Atty. ( ) , En.gr.
Bldg.
Public Hearing Ordered
Adjacent property owners notified
Public Hearing by Board of
Adjustments and Appeals
-
Public Hearing
Application on Council Agenda
— -
Council Postponed to
—
Council Action
CITY'OF
CHANHASSEN
76.10 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: May 11, 1978
TO: Board of Adjustments and Appeals
FROM: Assistant City Planner, Bob Waibel
SUBJ: Nelson (Bud) Andrus Variance Request
PLANNING CASE: P-547
Pai-i -ti nn
Mr. Andrus is proposing to construct a single family residence on
Lot 3, Block 1, Trolls Glen lst Addition. His proposal would
require a 132foot front yard setback variance.
Background
1. Community Location: As shown in enclosure 1, the subject property
is located in the Trolls Glen Addition on the southwest shore of Lake
Minnewashta.
2. Existing Zoning: The subject property and its environs are zoned
R-1 Single Family Residential District.
3. Utilities: Sanitary sewer and municipal was are available to the
subject property.
Planner's Comments
1. As shown in enclosure 2, the subject property has a significant
amount of relief between the street and the lake shore. The estimated
high water elevation is 944 feet A.S.L. Also indicated in enclosure
2 are the location of the trees the applicant hopes to retain which
is essentially the reason for the request.
2. City file P-239 has record of a similar variance granted to the
owner of the adjacent lot to the North. This property was given a
10 foot variance to the front yard setback requirements. In planning
case P-239, the Board of Adjustments and Appeals recommended
approval with the stipulation that a signed agreement between the City
and the certified architect be executed whereby the city has no
liability for any and all hazards intrinsic the property.
Board of AdjustmE =s
and Appeals -2- May. 12, 1978
3. The subject property is located on the curb as such that any
traffic sight distance problems are non-existent.
Planner's Recommendation
I recommend that the Board of Adjustments and Appeals look with
favor upon the subject request. I would also recommend that an
agreement such as the one in P-239 between the City and the
architect and/or owner be required before any building permit be
issued.
1
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 5 , lg 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
Variance request for Mr. Nelson L. Andrus
in the
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 I -
Notary Public
Don Ashworth
City Manager -
CITY OF CHANHASSEN
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 No. 47.. The Board of Adjustments
and Appeals will conduct a hearing on.this appeal on'. Tuesday
May 16, 1978 at 7:20 p.m._at City Hall;:7610 Laredo
All interested persons may appear and be heard at said time and
place.
APPLICANT• Mr. Nelson L. (Bud) Andrus
PLANS: Mr. Andrus -is proposing to construct a single family residence
on Lot 3, Block 1, Trolls Glen lst Addition. A variance
of 10 feet is being requested to the R-1 front yard setback
requirements of 30 feet:
-nernard Schneider
[.
IMr.
r. o. Box 399
1
Waldo Bun er
g
Chanhassen, MN 55317
4627 Wye Wayelane
Knoxvi:. le., TN 379.20
Mr. Gordan Freeburg
8012 Cheyenne -
Mr. John Peterjohn
Chanhassen, MN 55317
16237 The Strand
Minnetonka Village
G
Minnetonka, MN 55343
Mr.. Daniel Herbst
3890 Lone Cedar
Chaska, MN 55318
Mr. David Tester
Mr. James McCleary
3897 Lone Cedar Lane
1233 N. Trailwood.:
Chaska, MN 55318
Hopkins, MN 55343
Mr. Dick Pearson
Mr. Nelson Andrus `
7307 Frontier Trail
110705 Kings Lane
Chanhassen, MN 55317
Chaska MN 55318
Mr. Dick. Matthews'.
Mr. Jerome Ahlman
8017 Cheyenne Ave.
�,.6741
14th Ave. No.
Chanhassen, MN 55317
t7',
Rir-hfi mlil - MN �[;a?'l
Mr. Willard Johnson
1660 W. 63rd Street
Excelsior, MN -55331
Mr. Clifford Carson
917 llth St. S.E.
Rochester, MN 55901
Mr. Arnold Hed
3860 Lone Cedar
Chaska, MN 55318
Mr. James Li:pe
3880 Lone Cedar Circle
Chaska, MN 55318
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a.-.eYw'._..1G��s�-ra`..;i�.-..:Sra�,:�Yec"4 ¢'. ;�.��....%.-.. -
{: i Y ♦ !�,'
a
Mr. Ivan Underdahl
7502 W. 77th St.
la'
Chaska, MN 55318
a
-'
j
1 Mr. James McManus
1, 12128 Riverbend
GrandBlane, Mich. 48439
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'i BOARD OF ADJUSTMENTS & APPEALS
/,;-j
MOTION SHEET
PLANNING CASE: p"S 4t 7
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APPLICANT: I fa AP/0/� I f#le;.406
REQUEST: FROX, r y At -"4f (/
MEMBERS PRESENT: P.Al W. J. y �JV•
MOTION BY: G, fit/.
SECOND: V.
MOTION: Recommend that the City Council
�Co u,E'S y- d /-*� �'�,1'
GROUNDS FOR RECOMMENDATION:
�Q �c oFrM� �a �Tioie�
Or-
PUBLIC COMMENTS:
U
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 TELEPHONE
(612) 335-9565
June 12, 1978
Mr. Bob Waibel
Assistant City Planner
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
Re: Variance for Bud Andrus.
Dear Bob:
Enclosed you will find a revised variance agreement
and release which I have prepared in connection
with the set back variance which was granted to Mr.
and Mrs. Andrus;.. If you find this document to be in
order, it should be signed by Mr. and Mrs. Andrus
prior to the issuance of any building permit. The
original copy of the document should be returned to
this office.
Very truly yours,
0 ~ -);,, -)�
CRAIG M. MER,TZ
,�p111213
.VoJ
fro `INN 1 s78''i.
y
cor C}jak Gt
I
VARIANCE AGREEMENT AND RELEASE
WHEREAS, the undersigned are the present fee owners of the
property legally described as Lot 3, Block 1, Trolls Glen First
Addition; and
WHEREAS, the undersigned have, by way of petition dated
, a copy which is attached hereto and made a part
hereof, sought a variance concerning the use of the above property;
and
WHEREAS, said petition being approved and the variance being
heretofore granted;
WHEREAS, the undersigned understand that the City of Chanhassen
has in no way represented, warranted or guaranteed that the lot
subject to said variance is suitable for any use or uses contemplated
or allowed by said variance;
NOW THEREFORE, the undersigned, in recognition of the above
premises, do hereby for themselves, and for their successors, heirs
and assigns,. release, acquit, and forever discharge the City of
Chanhassen, its agents, servants and successors from all claims,
actions, causes of action, demands, rights, damages, costs, expenses,
and compensation whatsoever, which the undersigned now have or may
hereafter accrue on account of or in any way growing out of any
and all known and unknown damages and the consequences thereof, or
damages arising in the future, by reason of landscaping, structural,
architectural or other physical problems resulting from or related
to the granting of said variance and uses made thereunder.
AND FURTHERMORE, the document shall, upon execution and after
filing with the Register of Deeds in and for Carver County; con-
stitute constructive notice to all future owners, successors or
assigns of the subject property; and all such parties shall take
their interest in said property subject to the terms and conditions
of this agreement.
Signed and delivered this day of , 1978.
Nelson (Bud) Andrus
Darlene Andrus
VARIANCE AGREEMENT AND RELEASE
WHEREAS, the undersigned are the present fee owners of the
property legally described as Lot 3, Block 1, Trolls Glen First
Addition; and
WHEREAS, the undersigned have, by way of petition dated
, a copy which is attached hereto and made a part
hereof, sought a variance concerning the use of the above property;
and
WHEREAS, said petition being approved and the variance being
heretofore granted;
WHEREAS, the undersigned understand that the City of Chanhassen
has in no way represented, warranted or guaranteed that the lot
subject to said variance is suitable for any use or uses contemplated
or allowed by said variance;
NOW THEREFORE, the undersigned, in recognition of the above
premises, do hereby for themselves, and for their successors, heirs
and assigns, release, acquit, and forever discharge the City of
Chanhassen, its agents, servants and successors from all claims,
actions, causes of action, demands, rights, damages, costs, expenses,
and compensation whatsoever, which the undersigned now have or may
hereafter accrue on account of or in any way growing out of any
and all known and unknown damages and the consequences thereof, or
damages arising in the future, by reason of landscaping, structural,
architectural or other physical problems resulting from or related
to the granting of said variance and uses made thereunder.
AND FURTHERMORE, the document shall, upon execution and after
filing with the Register of Deeds in and for Carver County; con-
stitute constructive notice to all future owners, successors or
assigns of the subject property; and all such parties shall take
their interest in said property subject to the terms and conditions
of this agreement.
Signed and delivered this day of k' 1978.
N son (Bud) Andrus
�� v� 1
.'JUL 1978
Darlene Andrus
a � vEC�E o�'D
Na F v