78-06 Variance 512 W 76th Street Scanned Planning FileCITY OF
CHANHASSEN
7610 LAREDO DRIVEoP.O. BOX 147oCHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: June 19, 1978
TO: Board of Adjustments and Appeals
FROM: Assistant City Planner, Bob Waibel
SUBJ: Lot Area Variance and Front Yard Variance Request
from Michael Walsh, 512 West 76th Street
PLANNING CASE: P-553
Petition
Mr. Walsh is proposing to construct a garage and breeze way on the
west side of the existing residence. For this proposal Mr. Walsh
is requesting a front yard variance of 17 feet to the requirements
of zoning ordinance 47.
Background
1. Community Location: As shown in enclosure 1, the subject property
is located at the intersection of West 76th Street and Laredo Drive.
2. Existing Zoning: The subject property is presently zoned R-1,
single family residence district.
3. Utilities: Sanitary sewer and water are in service to the subject
property.
Planner's Comments
1. The subject parcel is non -conforming in that it contains 11,875
square feet, whereas 15,000 square feet are required by ordinance 47,
and that it has 95 feet of frontage on West 76th Street, whereas 105
feet are required by subdivision ordinance 33.
2. It has been indicated to me by the applicant, that the proposed
breeze way would be 6 to 8 feet wide. Installation of a 6 foot breeze
way and a standard 24 foot garage, would be 2 feet short of 50% of
the front yard setback requirements of ordinance 47.
Board of Adjustment_) n
and Appeals -2- June 19, 1978
3. Section 22.02 of ordinance 47 states that 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 this application for variance.
2. That the granting of the variance is necessary for the
preservation of 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 this variance will be keeping with the
spirit and intent of the this ordinance.
4. In light of the intent of the zoning ordinance and subdivision
ordinance requirements for corner lots, I believe that the proposed
breeze way should be considered as a non -essential item to this request.
I believe that the removal of the breeze way from this request would
be in order as to allow the construction of the standard 24 foot wide
garage adjoining the existing structure which would require a side
yard setback of 19 feet.
Planner's Recommendation
I recommend that the Board of Adjustments and Appeals move to recommend
the Council approve a front yard variance request of 11 feet to allow
for the construction of a garage at 512 West 76th Street.
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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
June 20, 1978 at 7:00 p.ri. at -.City Hal1y:7610 Laredo Drive
All interested persons may appear and be heard at said time and.
place.
APPLICANT: Michael Walsh
PLANS: Mr. Walsh is proposing to construct a garage/breezeway
on a lot containing 11,875 square -feet and utilizing a front yard
setback of 13 feet. Zoning ordinance 47=requires a lot area of
15,000 square feet and front yard setbacks of 30 feet for R-1, single
family residence districts.
We are in full agreement with his proposal. It would greatly
improve his property.
,lUNi9?8
RECEIVED
VILLAGE CV,,'
CHANHASM-V,
MINN, ,q
0
BOARD OF ADJUSTMENTS & APPEALS
MOTION SHEET
PLANNING CASE:
APPLICANT: MI G HAE L OVA�.SAO
REQUEST: FKO Ao/ YAn p 0A*f )4A0r—X
MEMBERS PRESENT: Af, L.
MOTION BY: p'Ap
SECOND: A M•
MOTION: Recommend that the City Council Aroot/ro
t/F
GROUNDS FOR RECOMMENDATION:
V5NTiot) , UAJ7RdL,LEIiCS�e�s
►l"QR11VGrE (itir$� R1AJ
PUBLIC COMMENTS:
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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 June 5 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
Variance Request for Michael Walsh
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
6 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
Notary Public
Don Ashworth
City Manager
J
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
June 20, 1978 at 7:00 P.,m. at City Hall-,.7610 Laredo Drive
All interested persons may appear and be heard at said time and.
place.
APPLICANT: Michael Walsh
PLANS: Mr. Walsh is proposing to construct a garage/breezeway
on a lot containing 11,875 square feet and utilizing a front yard
setback of 13 feet. Zoning ordinance 47 requires a lot area of
15,000 square feet and front yard setbacks of 30 feet for R-1, single
family residence districts:
Michael L. Walsh Mr. Mark G. Littfin Mr. Lyle Geibl
'`512 "W. 76th St. <)7604 Kiowa Del Rio Drive
Chanhassen, MN 55317 Chanhassen, 14N 55317 Chanhassen, MN 55317
School District 112
Highway 41
Chaska, MN 55318
Hansen and Klingelhutz
516 Del Rio Drive
Chanhassen, MN 55317
Mr. Thomas Faust
510 W. 76th St.
Chanhassen, MN 55317
Mr. John Bear
508 W. 76th St.
Chanhassen, MN 55317
Mr. Dwight Leatham
506 W. 76th St.
Chanhassen, MN 55317
Mr. Jeffrey Thomas
504 W. 76th St.
Chanhassen, MN 55317
Mr. Joeseph Warneke
502 W. 76th St.
Chanhassen, MN 55317
Mr. Clarence Peshek
7605 Kiowa
Chanhassen, MN 55317
Mr. Lawrence Kerber
7603 Kiowa
Chanhassen, MN 55317
Mr. Ronald Palmer
7602 Kiowa Box 125
Chanhassen, MN 55317
Mr. John Kreger
Box 252
Chanhassen, MN 55317
Mr. Fred Kerber
7609 Laredo Drive
Chanhassen, MN 55317
Mr. Richard Bruesehoff
7607 Laredo Drive
Chanhassen, MN 55317
Mr. Leander Kerber,
1620 Arboretum Blvd.
Excelsior, MN 55331 I
Mrs. Elaine Bjornson j
Box 261 !!
Chanhassen, MN 55317
Mr. Gordan Nagel
514 Del Rio Drive
Chanhassen, MN 55317
Mr. James Nye
512 Del Rio Drive
Chanhassen, MN 55317
Mr. William Richardson
510 Del Rio Drive
Chanhassen, MN 55317
Mr. Wilbert Aydt
515 Del Rio Drive
Chanhassen, MN 55317
Mr. Dennis Karlen
513 Del Rio Drive
Chanhassen, MN 55317 p'
William Bulgar
509 Del Rio Drive
Chanhassen, MN 55317
I
P U
VARIANCE PETITION
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Applicant:
Name: _&�
Last
Address: S42, /,0
Date of Applicationo -
Fee Paid 3 S 60 Date -/o -
Received by
Daytime Phone #i/yy— ggyj
'uAFI �
s
Owner ,y nn
Name: . 1yL01%'41- Z. Z- 1,44V
Number and Street CG
S/v2 Gd 7al ;! ST
Address of Property in Question:
Sim (.J 76 �57-
State
tate
Legal description of property in question:
L e) 7` Z. O r s: s C 1/O L
zo
Reason ,for Request:
A9,4eaq1P and.�
Present zoning of property: —
Present use of property: /f
The following documents shall be attached to this application:
Date Received Initial
1. Dimensioned Sketch Plan O
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 appli ation 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.
1�— %4
ved 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 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
Aak
PLANNING REQUEST
MEMORANDUM
DATE:
TO: Manager ( )
Engineer ( )
Treasurer ( )
Attorney ( )
Building ( )
FROM: Planning Department
SUBJ: Response Requested on Attached Variance Request
CONSIDERATION:
Comments from your department concerning the attached are requested
by
DEPARTMENTAL COMMENTS:
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 & Appeals
.Action by City - Variance Request
On this day of 19 , the Chanhassen City
Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved)
this Variance Request subject to the following conditions:
By order of the Chanhassen
City Council
Mayor
Attest:
City Administrator
(1) Will the particular physical
surroundings, shape or topo-
graphical conditions of the
specific parcel of land
involved, cause a particular
hardship 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
at petition for a variation is
Wsud unique to the parcx>1 of
land for which the variances
is sought and not applicable,
generally, to other property
within the sairc- zouintj
classification?
(3) Is the alleged difficulty or
hardship caused by this ordi--
nanoe 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?
' staff
Board of
us t
.. -
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No
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