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78-07 Variance 3637 South Cedar Drive Scanned Planning FileCITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA COUNTY OF CARVER Don Ashworth ss. ) being first duly sworn, on oath deposes and says that he is and was on June 5, , 1978 , 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 Chester Lobitz 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 Notary Public 1 Don Ashworth City Manager z 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 7:20 p.m. at City Hall , 7.610 Laredo Drive All interested persons may appear and be heard at said time and place. APPLICANT• Chester Lobitz PLANS: Mr. Lobitz proposes to construct a garage on a parcel of land containing approximately 11,000 square feet and utilizing a front yard setback of 10 feet. Zoning Ordinance 47 requires front. yard setbacks of 30 feet and the Shoreland Management Ordinance requires lot area size of 20,000 square feet. /Ir. Chester Lobitz F; Erik Dundurs ---�637 South Cedar Drive 3627 Red Cedar •Exceisior, MN 55331 Excelsior, MN Commissioner of Natural Resources Writ. Nye Capitol Square Building St. Paul, MN Mr. Edwin Seim 4401 San Roman Drive David, California 95616 MR. James Lockhart 5213 Chantrey Road Minneapolis, MN Mr. David Prillaman 3622 Red Cedar Point Dr. Excelsior, MN 55331 Ed Uram 3624 Red Cedar Point Dr. Excelsior, MN 55331 Samuel Potts 3628 Hickory Excelsior, MN 55331 Carl Peterson 2219 Arthur St. NE Minneapolis, MN 55418 Diane Simonson 6200 Oriole Lane Edina, MN 55436 Richard Bruzek 85 Lakeview Ave. Tonka Bay, MN.i 55331 Emil Souba 14025 Vale Court Eden Prairie, MN 55344 f� Point Dr.(� 55331 `1 Mr. Thomas Johnson 5125 Golden Valley Rd. Minneapolis, MN 55422 Charles Anding 3631 South Cedar Drive Excelsior, MN 55331 Robert Anding Rt. 1 Excelsior, MN 55331 Dorothy Collins 5075 W. 51st St. Edina, MN 55424 Laura Ebright 1233 Pleasant Lane Glenview, IL 60025 C.T. Erkson c/o Andrew L. Jenson Box 277 Excelsior, MN 55331 David Hempel 3707 South Cedar Dr Excelsior, MN 55331 Frank Boyce 3711 South Cedar Drive Excelsior, MN 55331 Clifford Pederson 3713 South Cedar Drive Excelsior, MN 55331 Carl E. Peterson 2219 Arthur St. NE Minneapolis, MN 55418 John T. Higgen 1920 South 1st St. Apt. 10 Minneapolis, MN 55454 John T. Higgen 50 Groveland Terrace Apt. Minneapolis, MN 55403 Joan Keesling 7201 Juniper Excelsior, MN 55331 Dick Pearson 7307 Frontier Trail Chanhassen, MN 55317 Dick Matthews 8017 Cheyenne Avenue Chanhassen, MN 55317 Willard Johnson 1660 W. 63rd St. Excelsior, MN 55331 t . . � CHAPTER THREE VARIANCE PETITION -20- J . 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. ✓ -21-C :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 has been 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. 0(, -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. S. 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. 0 -24- 0 VARIANCE PETITION CASE NO. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Fee Paid° Date 5•-3_ Received by j. Daytime Phone # Applicant: Name:c���/Z C�IY�✓/� Last First Initial Address: 3(03'% 6omLrp �EO/�Rc!/i�• ��cG�LS/o/� /y/ i/ Ss3�/ Number and Street City State Zip Code Owner Name: Number and Street City State Zip Code Addrer5s of Property in Question: Legal description of property in question: - GoTP7. EAr,--ryT 7/6E cf�ST /a��T��✓19�[ d� .. Reason:, for Request: 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. Date Received by Title Date (Following to be completed by Zoning Administrator or City Official). CHRONOLOGY DATE BY Report Written Copies for Comments to: tdgr 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 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), (d sapproval) 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- grat,hical 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 m p(!tition for a variation is 1aisu3 unique to Lhe parcel of land for which the variance is sought and not applicable, generally, to other prujxerty within the swa- zord"j 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? Staff Board of us t What is the Dhvsl ? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No AS FOLLOWS �Z�.� ; �.o��6eEerfiof«T �r x& 1B B„ l%� �0`3�' 90 60 -t 0 CERTIFICATE OF LOCATION OF BUILDING I hereby certify that on ry ' /s 19-.4 made a survey of the location of the building(s) on )ove described property and that the location of 3ilding ) is c ectly ahq p on above plat. 2M McClain Hedman I ,h 'PRoF05aD �9ARA(�E VAR my(I c r ; nl Pipe, r !. I IV 1_ r4 m 2 CERTIFICATE OF SURVEY I hereby certify that on --_— 19_ I surveyed the property described above and that the above plat is a correct representation of said survey. E. B. MG UGH. REGISTERED SURVEYOR, No. 1990 PAUL ANI No. 4449 JOH .RYAN. No. 4489 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 19, 1978 TO: Board of Adjustments and Appeals FROM: Assistant City Planner, Bob Waibel SUBJ: Front Yard Setback and Side Yard Setback Variance Request, Chester Lobitz, 3637 South Cedar Drive APPLICANT: Chester Lobitz PLANNING CASE: P-550 Petition Mr. Lobitz is requesting to construct a 22 x 24 foot garage on Lots 17 and 18 of Red Cedar Point. As proposed, the construction will require a 20 foot variance to the front yard setback requirements for an R-1 district of Ordinance 47. Background 1. Community Location: As shown in enclosure 1, the subject property is located near the intersection of Red Cedar Point Drive and South Cedar Drive, Red Cedar Point. 2. Existing Zoning: The subject property and it's environs are zoned R-1, single family residential district. 3. Utilities: Sanitary sewer and municipal water are in service to the subject property. Planner's Comments 1. The subject property is non -conforming in that it contains approximately 10,160 square feet whereas 20,000 square feet are required for sewered areas on Lake Minnewashta. 2. The existing structure on the property apparently has the accommodation of garage stall located in the lower northwest corner of the structure. 3. The natural topography of the lot, is approximately 8 feet lower at street level than at thenAPV,<404 of the existing structure. Board of Adjustmenlo and Appeals _ 2- June 19s 1978 4. In light of the existing garage on the premises, I have a difficult time in allowing the addition of a full size double garage so close to South Cedar Drive. 5. The subject property does have conducive qualities to accommodate a tuck under type garage on the east side of the existing structure. As shown in enclosure 3, there is sufficient room to place even a double garage between the existing structure and the east property line. Although a double garage constructed in this manner would encroach upon the side yard setbacks approximately 5 feet, it would be preferable to granting of a 20 foot variance as proposed in this request. Planner's Recommendation I recommend that the Board of Adjustments and Appeals move to deny the request to construct a double garage as proposed. I do believe that there is sufficient flexibility to allow for the alternatives of the construction of either a single or double garage with proximity between the existing structure and the eastern property line. 1 1/ ,z o a L .F pPL F FF ic 5 P. FF .F _ 4030R NM ® vICZ�V" I• �` • �F Fi as , r/� aesC44.0 AS _�Ec�.(s�%_�/1li.�r����ts/>��t �os�dcr lo'vs���/. /Y�i���•ro�a `, sko pop Ire 'f,�O F05 E D �a?,aGE fur( r ASH CERTIFICATE OF LOCATION OF BUILDING CERTIFICATE OF SURVEY I hereby certify that o �' /'� 1911L� I hereby certify that o» 19._. I made a survey of the location of the building(s) on the I surveyed the property described above and that the above r above described property andthat the location of sai plat is a correct representation of said survey. buildings) is co�ectl sh w opthe above plat. E. B. Mc UGH. REGISTEREDSURVEYOR. No. 1990 L. PAUANE. No. 4449 J0. JOH . RYAN. No. 4489 Form No. 133 2M McClain Hedman Srhuldt Co Dsscry;s:_[)AS FOLLOws_.�%��%P7.Sr/l7>['�'T 90 sV ` 16, u' s ` 67 V : �. '7 sS QQ - - CERTIFICATE OF LOCATION OF BUILDING _ CERTIFICATE OF SURVEY I hereby certify that on_ /'� 19-I hereby certify that on — I9-- I made a survey of the location of the building(s) on the I surveyed the property described above and that the above',, above described property, and that the location of sai plat is a correct representation of said survey. building(s) is^correety 4hgw7} ory,the above plat. �,( f✓ "tIv Sh /`yam0 i I E. B. MC UGH. REGISTERED SURVEYOR. No. 1990 PAUL ANE, No. 4449�G/ llfU!`C. JOH . RYAN. •, No. 4489 C.VJ Form No. 133 2M M,,Cinio M<dmen Scholdt Co. 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 7:20 p.m.i at City Hall,-'7:610 Laredo Drive All interested persons may .appear and be heard at said time and.. place. APPLICANT: Chester Lobitz PLANS: Mr. Lobitz proposes to construct a garage on a parcel of land containing approximately 11;.000 square feet and utilizing a front yard setback of.10 feet. Zoning Ordinance 47 requires front_. yard setbacks of 30 feet and the Shoreland Management Ordinance requires lot area size of 20,000 square feet. BOARD OF ADJUSTMENTS & APPEALS MOTION SHEET PLANNING CASE: APPLICANT: G� � j�p C � 4yi f4a REQUEST: oje4ko7 %%�%2(/ YID/?/,�M/G1c MEMBERS PRESENT: p.f- (— MOTION BY: W , S� SECOND: 1910, MOTION: Recommend that the City Council GROUNDS FOR RECOMMENDATION: PUBLIC COMMENTS: GOP,„ FAL f AJ6e .2 If 00,Cr 0 Rory► 4 d