78-11 Variance 880 Glendale Drive Scanned Planning FileCITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: July 13, 1978
TO: City Manager, Don Ashworth
FROM: Assistant City Planner, Bob Waibel�
SUBJ: Front Yard Variance Request �;} r
APPLICANT: Kenneth Morrill
PLANNING: P-565
Petition
Mr. Morrill is proposing to construct an addition onto the existing
structure at 880 Glendale Drive. The proposed construction is to
utilize front yard setbacks of 21 feet,whereas 30 feet are required by
ordinance 47.
Background
1. Community Location: As shown in enclosure 1, the subject property
is located in the northwest quadrant of the intersection of Glendale
Drive and Nez Perce Avenue in the Carver Beach neighborhood.
2. Existing Zoning: The subject property and it's environs are presently
zoned R-1, single family residential district.
3. Utilities: Sanitary sewer and municipal water are available to
the subject property.
4. Comprehensive Plan Proposal:
a. Land Use: Pursuant to the adopted Comprehensive Plan, the
subject property and it's environs are to assume and maintain a low
density single family residential identity.
b. Transportation: The adopted city transportation plan indicates
Nez Perce and Glendale Drive to function as local streets.
Mr. Don Ashworth -2- July 13, 1978
Planner's Comments
1. Mr. Morrill intends to add a.24' x 36' addition, and a 22' x 14'
redwood deck which are to be extended along the present alignment of
the existing structure. As shown on the attached site plan, the existing
structure is positioned 21 feet from both Glendale Drive and Nez Perce
Avenue.
2. The Board of Adjustments and Appeals duly held a public hearing on
July 6, 1978, to consider the subject request. The Board of Adjustments
and Appeals found approval of the request to be consistent with similar
past variance requests and voted to recommend the council approve a
9 foot front yard variance to Nez Perce Avenue and Glendale Drive as
requested by Mr. Morrill.
Planner's Recommendation
In concurrence with the Board of Adjustments and Appeals, I recommend
that the city council approve the request of Mr. Morrill as proposed.
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0 CITY'OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147oCHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: July 3, 1978
TO: Board of Adjustments and Appeals, and Staff
FROM: Assistant City Planner, Bob Waibel
SUBJ: Front Yard Variance Request, Kenneth Morrill
APPLICANT: Kenneth Morrill
PLANNING CASE: P-565
Petition
Mr. Morrill is proposing to construct an addition onto the existing
structure at 880 Glendale. The proposed construction is to utilize
front yard setbacks of 21 feet whereas 30 feet are required by
Ordinance 47.
Background
1. Community Location: As shown in enclosure 1, the subject property
is located in the northwest quadrant of the intersection of Glendale
Drive and Nez Perce Ave., Carver Beach.
2. Existing Zoning: The subject property and its environs are
presently zoned R-1, Single Family Residential District.
3. Utilities: Sanitary sewer and municipal water are available to
the subject property.
4. Comprehensive Plan Proposal:
a. Land Use - Pursuant to the adopted comprehensive plan, the
subject property and its environs are to assume and maintain a low
density, single family residential identity.
b. Transportation - The adopted City Transportation Plan indicates
Nez Perce and Glendale Drive to function as local streets.
Planner's Comments
Mr. Morrill intends to add a 24 x 36 foot addition and a 22 x 14 foot
redwood deck which are to utilize the same setback alignment of the
existing structure.
D
Planning Report P-565
N
July 3, 1978
Planner's Recommendation
I recommend that the Board of Adjustments and Appeals look with favor
upon Mr. Morrill's request due to the existing structure and its
location on land platted under past platting practices.
BOARD OF ADJUSTMENTS & APPEALS
MOTION SHEET
PLANNING CASE:
APPLICANT: yse c(!
REQUEST:
MOTION BY: 0
SECOND: pm.
MOTION: Recommend that the City Council , %x
GROUNDS FOR RECOMMENDATION:
PUBLIC COMMENTS:
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
Donald Ashworth , being first duly sworn, on oath deposes
and says that he is and was on June 26 , 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 Kenneth Morrill
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
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
Thursday
and Appeals will conduct a hearing on,this appeal on
July 6, 1978 at
7:00 P:m. at City Hall,,7610 Lareao Drive
All interested persons may appear and be,heard at said time and.
place.
APPLICANT: Kenneth. Morrill
PLANS: Mr. Morrill Plans to construct an addition onto the existing
The addition as proposed would utilize
house at 880 Glendale Drive.
30 foot front yard setbacks
are required by Ordinance 47.
Albert Otterdahl
✓ 6.711 Nez peace.
Excelsior, Mn. 55331
John Macy
0 6711 Nez Perce
Ex�. -)5331 Exc., Mn. 55331
Kenneth Mills, Jr. Emma Wiest
6661 Nez Perce 840 Carver Beach Rd.
Exc., Mn. 55331 Exc., Mn. 55331
John F. Johnson 6690 Laredo Dr.
Occupant
Excelsior, Mn. 55331
6725 Nez Perce
Exc., Mn. 55331
Keith & Mary Perhus
105 N. Blake Rd.
LeRoy Berg
Hopkins, Mn. 55343
940 Carver Beach Rd.
Exc., Mn. 55331
Ernst Keefer
6681 Laredo Dr.
Charles Collver
Exc., Mn. 55331
6686 Kiowa
Exc., Mn. 55331
Marie T. Michelsen
4929 10th Ave. S.
John Morrill
Mpls., Mn.
880 Glendale Dr.
Exc., Mn. 55331
Peter Geurts
Rt. 1 Box 153-D
John Bautstanmay
Chaska, Mn. 55318
6711 Nez Perce
Exc., Mn. 55331
Harvey Berg
12901 Arrowwood Ave.
Brian Evans
Anoka, Mn. 55303
6600 Nez Perce
Exc., Mn. 55331
Roger Holm
8220 151 Lane NW
Andrew Borash
Anoka, Mn. 55303
6725 Nez Perce
Exc., Mn. 55331
Jack Ernst
6735 Nez Perce
John Myskevitz
Exc., Mn. 55331
920 Glendale Dr.
Exc., Mn. 55331
Harlan Koehnen
Rt. 5 Box 249
Dunn & Curry Real Estate
Excelsior, Mn. 55331
4940 Viking Dr.
Pentagon Office Park
Jerry Bailey
Mpls., Mn. 55435
c/o Jonathan Village Center
Chaska, Mn. 55318
Harry Ahrens
Hamburg, Mn.
Ray Ryba
790 Carver Beach Rd.
Exc., Mn. 55331
Daniel Berger
6730 Kiowa
Excelsior, Mn. 55331
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: June 23, 1978
TO: Planning Commission, Staff and Kathy Ryan, 100 No. lst St.,
Minneapolis
FROM: Assistant City Planner, Bob Waibel
SUBJ: Criteria, Inc. - Planned Residential Development, Sketch
Plan Review
APPLICANT: Criteria Architects, Inc.
PLANNING CASE: P-565
Petition
Criteria, Inc. has submitted to the Planning Commission sketch plan
for an 82.5 acre parcel proposed to be developed into single family
and multi family residential units.
Background
1. Community Location: As shown in enclosure 1, the subject property
is located near t e southeast quadrant of the intersection of Minnesota
Trunk Highway 5 and Trunk Highway 101.
2. Existing zoning: The subject property is presently zoned P-2,
Planned Unit eve opment. Contiguous area to the east of the subject
property is zoned R-1, Single Family Residence District, and the property
directly west of the subject property is zoned R-lA, Agricultural
Residence District.
3. Utilities: Sanitary sewer and water are available to the subject
proper
4. Comprehensive Plan Proposal:
a. Land Use: Pursuant to the adopted Comprehensive City Plan,
the subject property and its environs, are to assume and maintain a
single family residential identity.
b. Transportation: Pursuant to the adopted City Transportation
Plan, Minnesota Trunk Highway 5 was to function as a primary Highway
Planning Case P-56 -2- ne 23, 1978
and Minnesota Trunk Highway 101 to function as a secondary highway
with a proposed change of alignment to traverse the subject property.
Planner's Comments
1. As shown in enclosure 2, the applicant is proposing to develop 44
single family lots at a density of two units per acre, a 36 unit apartment/
condominium facility density of 9 units per acre and either a 110
unit condominium development at a density of 18 units per acre or
40 townhouse units at a density of 8 units per acre. Net density
of the entire development, with the condominium proposal, will be 2.6 units
per acre and with the townhouse option, net density will be 1.7 units
per acre.
2. There presently is an existing right-of-way, that was planned for access
from Chanhassen Estates to these properties to the west and ultimately
to MTH 101 this right of way is designated as West 80th Street.
3. Shown in enclosure 3, a transportation study done by Bathex,Ringrose,
and Wolsfeld, recommends that the frontage road to serve properties
south of Minnesota Trunk Highway 5, be routed across the subject
property. This frontage road should be designed to maximize mobility
which will subsequently necessitate such design considerations as
no direct access from individual residential properties, and curves
that will facilitate flow of traffic.
Since the need for this frontage road is well founded, the applicant
should take into account the following parameters when designing and
prepraring preliminary development plans:
a. The applicant should work closely with the City Engineer
in arranging for the alignment of a proposed frontage road.
b. The applicant should prepare preliminary development plans
that will separate the traffic of the multi residential areas of
that of the single family residential areas.
c. The applicant should indicate in preliminary development
plans any additional right-of-ways which the City Engineer may request
for such items as turning and stacking lanes.
4. City Engineer has indicated that there exists sufficient capacity in
the existing infra -structure to handle the densities as proposed.
5. The Planning Commission at this time, should restrict their comments
to the applicant's plans consistency with the City's plans for land
use, zoning, transportation, and utilities.
Planner's Recommendation
In reviewing the subject's plans, I find that the applicant's plans
are significantly consistent with the City's plans with the exception
of transportation. I recommend that the Planning Commission encourage
the applicant to proceed with preliminary development plans, and
advise applicant to work closely with City Staff in the preparation of
said preliminary development plans.
r
0( 0
CHAPTER THREE
VARIANCE PETITION
-20- (�
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.
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.-
-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.
5. 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.
VARIANCE PETITION CASE NO. VAR.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Appliecation
Fee Paid 35. a Date -
Received
Daytime Phone # 8iO a2360
Applicant:
Name: /¢.
Last First Initial
Address: ( 8'eO G4€A144tC 420 E,CC€LS/d2 14410y SJ331
Number and Street City State Zip Code
Owner
Name:
Number and Street City State Zip Code
Address of Property in Question: '
Legal description of property in question:
[ OT.S � ,F - .77/fL - 9 o fo •9.y4 ��•? 9-�%2.ae
Reason for Request:
/JG.�i✓.cr�iJ 19,04,,776,v 7-0 st-?ear-7g;2c`
z-S �9L/ZcAOv i 2/.-5waE �ti �dd•reo.v _wooed
CGS p /,� c� zN ✓i9-/Zi An'c.C' /.,� KT o rYLy T'O Ti'�C S rg-/`+.E
/�cCn.2c`L`
Present zoning of property:
Present use of property: c5'.K}�+�t
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..
Signature of Applicant
Signature of Owner
Date
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 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
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-
graphical conditions of the
specific parcel of 1ar�d
involved, cause a particular
hardship to the owner, as
distinguished from a sere
inconvenience, if the strict
letter of the regulations
were to be carried out?
(2) Are the conditions upon which
a potition for a variation is
113sud unique to the Parcel el of
land for which the variance,
is sought acid not applicable,
generally, to other property
within the sane zoninj
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
Wbat is the i ?
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No