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78-12 6225 Ridge Rd VAR-SUB pt 1CITY OF 9 CHANHASSEN '8` 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 16, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Variance and Subdivision Request, 6225 Ridge Road APPLICANT: Dr. James Meyer PLANNING CASE: P-582 Petition Dr. Meyer is requesting to subdivide the subject property and in doing so is requesting variances to record the -subdivision by mietes:7.and bounds and also to create parcels not fronting on a public s t The subject proposal is to subdivide thge property at b� 1idge Road into three residential sites, the northerly most parcel, neither one with the Meyer's residence and parcel A containing 2.93 acres and parcel B containing 2.08 acres. Background 1. Community Location: As shown in enclosure 1, the subject property is located in the northwest quadrant of the intersection of Ridge Road and Pleasant View Road. 2. Existing Zoning: The subject property is presently zoned R-1, single family residential district. The properties adjacently east and south of the subject property are presently zoned R-la, agricultural residential district. 3. Utilities: Presently sanitary sewer and municipal water are available to the subject property. Planner's Comments Sanitary sewer runs along the eastern boundary of the subject property, and municipal water and sanitary sewer abut the subject property along Ridge Road. The property in question has been assessed one sewer and water lateral and trunk unit. •lair. bon Ashworth -2- November 15, 1978 Ridge Road which runs along the west side of the subject property is not a public street. Subdivision ordinance 33 requires that all parcels subdivided have 90 feet of frontage on a public street. The staff concerns have been for the applicant to assure that potential purchasers of parcels A and B have unrestricted access rights to and along Ridge Road. This has been furnished in the proposed lot division legal description as shown on the attached sketch plans. The Planning Commission duly held a public hearing on the subject proposal on October 11, 1978 and subsequently moved to recommend that the city council approve the subdivision and variances for the Meyer request. The applicant was also advised to gain assurances of unrestricted access to Ridge Road and to investigate any potential drainage problems in the area. As previously mentioned, the proposed sketch plan attached hereto does contain a proviso for access to Ridge Road and additionally the city engineer and myself have found that the subject property does have suitable conditions for building with respect to drainage. Planner's Recommendation - I recommend that t-.e city council lock with favor upon this request with the following reasons and conditions: a. That the proposed metes and bounds legal description does not appear to make the cumulative description overly cumbersome. b. That the subject property be assessed additional unit assessments as per public improvement project 75-10. C. That proper provisions be made to assure unrestricted access rights to parcels A and B onto Ridge Road. d. That no public benefit is realized in making Ridge Road a public street. PLANNING REPORT -3- November 16, 1978 Manager's Comments It is not easy to say you have goofed, but this office failed to discuss this issue with the planner prior to presentation to the Planning Commission. In review, neither the attorney nor myself can concur with the recommendation of division by metes and bounds descriptions. Specifically, the City has allowed property transfers and divisions in the agricultural areas by metes and bounds, i.e. "the NW a of Section 12", etc. Also, Staff has previously endorsed, where other factors have warranted the division, lot splits in existing platted residential areas, i.e., "the east 50' of Lot.1, Block 1, Western Hills lst Addition". In these cases a clean line was established and questions as the location or specific description is readily recognizable. However, this request does not meet either of the two examples sited above. This fact coupled with the belief that the new description, if approved by the Council, will create numerous headaches and costs for future owners, the City, county, etc. over the next 10, 20, or 100 years forces this office to strongly recommend that approval additionally be conditioned upon platting of the property. I recognize that the cost to the applicant will be increased, but I would reference the Council to the description for these parcels if approved as presented, i.e. the new description would be both the added parcel A description and the old description as well as again duplicating this process for the parcel8description. This does riot appear in line with previous Council requirements or actions. i Tf1 x 7) cT 2.1400.1 Planning Commission Meeting September 13, 197R -11- JAMES PTEYER LOT SPLIT AND VARIANCE: Dr. Meyer is requesting to subdivide, t roug a of split into two residential sites, and is requesting a variance to record this lot split in a metes and bounds 4 description and subdivide without access onto a public street. The property is located in the northwest quadrant of the intersection of Ridge Road and Pleasant View Road. Sanitary sewer and water are available to the property. The property is served by Ridge Road which is a private street. Dick Matthews moved to hold a public hearing on October 11, 1978, to consider a lot split for Dr. James Meyer. Motion seconded by Tim. Stone and unanimously approved. BRUCE CAMERON, REZONING REQUEST; Mr. Cameron is requesting rezoning to R- on is property at 6291 Blue Jay Circle. The house is currently a duplex. The Cameron's are selling the home and to!obtain financing for prospective buyers it is necessary to rezone. Jerry Neher moved to hold a public hearing on October 11, 1978, to consider rezoning the subject duplex from R-1 to R-2. Motion seconded by Dick Matthews and unanimously approved. SUBDIVISION REQUEST - ROBERT SOMMER: Mr. Sommer is proposing to subdivide Lot 29, Murray Hill A ition and part of Lot D, Bardwell Acres into four lots. Prior to a public hearing Mr. Sommer must submit a plan demonstrating how the western portion of Lot 29 will comply with the frontage requirements of the Zoning Ordinance. The Assistant City Planner recommended that the Planning Commission hold a public hearing on the proposal contingent upon the following: 1. That the applicant submit a sketch plan for Lots A, B, C, and D to be reviewed by the Planning Commission at their September 27 meeting. Such plan to show the relationship of these lots to the western portion of Lot 29, Murray Hill. 2. That an escrow deposit be posted with the City Treasurer on or before September 20, 1978, to defray staff costs in processing this application. Jerry Neher moved to hold a public hearing on October 11, 1978, to consider the Robert Sommer subdivision request. Motion seconded by Dick Matthews and unanimously approved, Jerry Neher moved to adjourn. Motion seconded by Dick Matthews and unanimously approved. Don Ashworth City Manager REGULAR PLANNING TKISSION MEETING OCTOBER 1978 Prior to the meeting members interviewed Pat Swenson, Wally Coudron, and Lu Ann Wal'lentine to replace Hud Hollenback on.the Planning Commission. ti Members recommended the Council appoint Pat Swenson. Roman Roos called the meeting to order at 7:30 p.m. with the following members present: Dick Matthews, Mal MacAlpine, Tim Stone, Jerry Neher, and Walter Thompson. MINUTES: Dick Matthews moved to approve the September 13, 1978, Planning Commission minutes. Motion seconded by Jerry Neher. The following voted in favor:. Roman Roos, Dick Matthews, Jerry Neher, and Tim Stone. Walter Thompson.and Mal MacAlpine abstained. Motion carried. Walter Thompson moved to'approve the September 27, 1978, Planning Commission minutes. Motion seconded by Dick Matthews and unanimously approved. Dick Matthews moved to note the September 11, 1978, Council minutes. Motion seconded by Mal MacAlpine and unanimously approved. Jerry Neher moved to note the September 18, 1978, Council minutes. Motio- seconded by Walter Thompson and unanimously approved. Walter Thompson moved to note the October 2, 1978, Council minutes. Motion seconded by Jerry Neher and unanimously approved. RESIGNATION: Dick Matthews moved to accept Hud Hollenback's resignation from t e P anning Commission. Motion seconded by Walter Thompson and unanimously approved.-. - PLANNING COMMISSION APPOINTMENT TO COMMUNITY:FACILITIES STUDY COMMITTEE: Jerry Neher moved to appoint Tim Stone as Planning Commission representative to the Community Facilities Study Committee. Motion seconded by Dick Matthews and unanimously approved. JOINT MEETING WITH ECOLOGICAL COMMITTEE: No members of the Ecological Committee were present. Planning Commission members would like to review the charge of the -Ecological Committee at a future meeting. PUBLIC HEARING SUBDIVISION REQUEST, DR. JAMES MEYER Roman Roos called the public hearing to order at 8:15 p.m. Dr. Meyer was present. The Assistant City Planner read the official notice as published in the Carver County Herald... Dr. Meyer is requesting approval to subdivide his property at 6225 Ridge Road into two lots and requesting a variance to record the lots in a metes and bounds description and subdivide without access onto a public street.. . The Assistant City Planner recommended that -the applicant prepare a plan showing the proposed building sites outlined by elevations, agreements suitable to the City Attorney that assure that the lots created would have access rights to Ridge Road and documentation which will outline the ground -floor elevations of proposed structures. Jerry-Neher-moved to close -the public -hearing: -Motion seconded by Dick Matthews and -unanimously approved. Hearing closed at 8:21 p.m. Planning Commissi( ;Meeting October 11, 1978 -2- SUBDIVISION REQUEST, DR._JAMES MEYER: Tim Stone moved to recommend tze Council approve the u division and variances for Dr. Meyer and that the applicant work with staff to enter the conditions into the sale contract.(road easement, proper elevation of new home to avoid drainage problems). Motion seconded by Dick Matthews and unanimously approved. PUBLIC HEARING SUBDIVISION REQUEST AND CONDITIONAL USE PERMIT HAPPY CHEF AND ERICKSON PETROLEUM CORPORATION Roman Roos called the hearing to order at 8:40 p.m. with the following interested persons pr.esent:L. Zamor, J' Zamor, D. Zamor, Charles Towle, Robert Frederick, Richard Rice, John -Lee, Bill Brezinsky, and Craig Mertz. The Assistant City Planner read the official notice as published in the Carver County Herald. The Assistant City Planner gave his report dated October 11, 1978, Bob Waibel - Due to the existence of the building moratorium ordinance 47-K'and being that this proposal was the first to prove to be a possible impediment to the downtown concept plan, there has developed several problems which have made the review of the proposal significantly more difficult than usual. It was my opinion that the development be looked at solely in the context of general land use and the intentions of the HRA keeping the green space as shown in the downtown concept plan. As you well know, site plan considerations had entered into the discussion necessarily for the HRA to decide upon the extent of their green area. After reviewing the most recent plan presented to the HRA and the Planning Commission, I. have serious reservations about my recommendation of September 11, 1978, concerning the entire development. Further study.of the site plan has revealed some glaring deficits of the plan in it's relationship to the spirit and intent of the adopted city ordinances. First of all the proposed dual uses to be placed on what was originally created to be a single purpose property presents various problems such as four curb cuts in a relatively short distance along West 79th Street, the curb'cut nearest to the intersection of Highway 101 would allow for less than adequate stacking distance for cars which could create confusion among motorists, and that the plan proposes less than the setback as prescribed by ordinance for the parking area abutting the right-of-way of Highway 101. I believe that there is a strong liklihood that there will be significant pedestrian traffic between the two facilities, and since no trash container area for Holiday is indicated, this would be the likely spot for the containers which in the end would detract from both developments. My notes made on the subject proposal further substantial it as being over developed for the parcel in question, however, -based on the content of this report, I would have to recommend that the Planning Commission encourage the applicant to acquire more land or reduce the magnitude CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 10, 1978 TO: Planning Commission,, Staff and James J. Meyer, 6225 Ridge Road, Excelsior, Mn. 55331 and Dennis J. Percell, Wefald Associates, Inc., 12805 Highway 55, Mpls., Mn. 55441 FROM: Assistant City Planner, Bob Waibel SUBJ: Lot Split and.Varianee Request APPLICANT: Dr. James Meyer PLANNING CASE: P-582 PPt i t- i nn Purpose of this public hearing is to gather neighborhood sentiment to the subject proposal and to recommend action to the City Council. Planner's Comments 1. The applicant should mare available for staff review, the plan showing the proposed building sates outlined by elevations, agreements suitable to the City Attorney, that assures that the lots created would have access rights to Ridge Road and documentation which will outline the ground -floor elevations of proposed structures to be put on the newly created lots. Additionally, the applicant should indicate the proposed egresses for the new lots. 2. The subject property will receive special assessments for sewer, water and streets as per public improvement project 71-1. Planner's Recommendation I recommend that the Planning Commission look favorably upon the subject request upon the conditions outlined in the Planner's Comments above. The compliance with the above conditions should be demonstrated to Staff before any City Council review. Dr. James Meyer 6225 Ridge Road Excelsior, Mn. 55331 Dennis J. Purcel Wefald Associates, Inc. 2805 Highway 55 Mpls.., Mn. 55441 Al Klingelhutz 8601 Great Plains Blvd. Chanhassen, Mn. 55317 s Judy Blanchard Carver Co. Herald Chaska, Mn. 55318 Jerome 'Jensen 4567 W'. 80th. Mpls., Mn. 55437 Happy- Chef Res:taurants- 500 S. Front Street Mankato, Mn. 56001 Lawrence Zamor 170 Birch Bluff Rd. Excelsior, Mn. 55331 Bruce Cameron 6291 Blue Jay Circle Exc., Mn. 55331 Robert Sommer 6239 Chaska Rd. Exc., Mn. 55331 Pat Murphy Co. Engineering Carver Co. Court H.ous.e Chaska, Mn. 55318 Hanson &�Klingelhutz 516 Del Rio Ry Chanhassen, Mn.. 55317 t 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 2 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 James Meyer Subdivision request 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. CIO, .7 _ti Subscribed and sworn to before me this day of - --- --- -- --- Notary Public --� A plan showing said subdivision is available for inspection at City Hall. All interested persons may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel Assistant City Planner -- 1. James Meyer Pubic Hearix Mr. James Meyer 6225 Ridge Road Excelsior, MN 55331 Dean Wetzel Rt. 7 Box 854 Excelsior, MN 55331 Pat Cunningham Rt. 7 Box 846 Excelsior, MN 55331 Peter Price Rt. 7 Box 856 Excelsior, RIN 55331 City of Shorewood I f Excelsior, mN 55331 I Sewall Osgood 745 Pleasant View Road Excelsior, MN 55331 Wilma Thompson 542 3 rd Ave. Excelsior, MN 55331 John Edwards s Rt. 7 Box 852 Excelsior, MN 55331 Mark Parker 790 Pleasant View Road Excelsior, MN 55331 I CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 7, 1978 TO: Planning Commission, Staff, James J. Meyer - 6225 Ridge Rd., Excelsior, Mn. 55331 and Dennis J. Purcell, Wefald Associates, Inc. - 12805 Highway 55, Minneapolis, Mn. 55441 FROM: Assistant City Planner, Bob Waibel SUBJ: Lot Split and Variance APPLICANT: James Meyer PLANNING CASE: P-582 Petition Mr. Meyers is requesting to subdivide his property, through a lot split into three residential sites, and is additionally requesting a variance to record this lot split in a metes and bounds description and subdivide without access onto a public street. Background 1. Community Location: As shown in enclosure 1, the subject property is located in the northwest quadrant of the intersection of Ridge Rd. and Pleasant View Rd. 2. Existing Zoning: The subject property is presently zoned R-1, Single Family Residence District. The properties adjacently east and south of the subject property are presently zoned R-lA, Agricultural. Residence District. 3. Utilities: Presently sanitary sewer and municipal water are available to the subject property. 4. Comprehensive Plan Proposals: a. Land Use - Pursuant to the adopted City Comprehensive Guide Plan, the subject property and its environs are to assume and maintain a low density single family residential identity. b. Transportation - Pursuant to the adopted City Transportation Plan, the Ridge Road is to function as a local street and Pleasant View is to function as a secondary highway. PLANNING REPORT -2- September 7, 1978 Planner's Comments 1. As shown in the enclosed sketch plan, the applicant is proposing to divide up a parcel, called Parcel A, approximately 2.93 acres in size and directly south of that, Parcel B, approximately 2.08 acres in size. This office finds the sketch plan submitted to date marginally acceptable for sketch plan review in that there is a large desparity between the north/south measurements to the scale that has been depicted.le scale indicated in the margin is a 1 to 50 scale however, the northern portion of the proposed plan there is up to 2 to 1 exaggeration. 2. The plan submitted indicates that beside the parcels A & B previously mentioned, a third parcel will be created north of parcel A and bordering on Hennepin Co. line and comprising of approximately 4.4 acres in size. 3. Sanitary sewer runs along the eastern boundary of the subject property, and municipal water and sanitary sewer- abut the subject property along Ridge Road. The property in question has been assessed one sewer and water lateral a1d trunk unit. 4. Ridge Road which runs along the west side of the subject property is not a public street. Subdivision Ordinance 33 requires that all parcels to be subdivided have 90' of frontage on a public street. 5. The Planning Commission should restrict their- questions and comments to the proposed plant consistency with the City's adopted plans, ordinances and policies. Prior to any possible Planning Commission encouragement to the applicant to proceed with plans, it must be noted that a conveyance of land by metes and bounds must meet the criteria set forth in Section 13.02 and Subdivision Ordinance 33 whereby there is a burden of proof that compliance with these restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this ordinance, then the City Council may waive such compliance by adoption of a resolution to allow a given conveyance. 6. As can be seen in the enclosed sketch plan, the proposed metes and bounds legal description, does not appear to make the cumulative description overly cumbersome. 7. If the applicant choosessto proceed with his plans, an escrow deposit must be placed with the City Treasurer in the amount of $200.00 to defray the staff costs in processing this application. Planner's Recommendation I recommend that the Planning Commission encourage the applicant to proceed with his proposal and subsequently order a public hearing for the regular Planning Commission meeting of October 11, 1978 to gather neighborhood sentiment to the proposal. WEFALD ASSOCIATES, INC. )0( CONSULTING ENGINEERS ■ LAND SURVEYORS 12805 HIGHWAY 55, MINNEAPOLIS, MINNESOTA 55441 612-559-4300 REFER TO FILE: 1077107-3 August 21, 1978 Mr. Robert Waibel City Planner CITY OF CHANHASSEN 7610 Laredo'Drive Chanhassen, Minnesota 55317 re: DR. JAMES MEYER'S PROPERTY DIVISION Dear Mr. Waibel: Recently I visited your office and we discussed the division of a parcel of unplatted property belonging to Dr. James Meyer. Since talking to you I have been in contact with my client, Dr. James Meyer, and we feel strongly that the property division in question, a simple division of one parcel into two parcels, would be handled much more expeditiously by a resolution of the City Council rather than the very costly and time consuming method of platting. As you can see on the enclosed sketch plan, both new parcels would be in excess of two (2) acres and the Legal Description dividing the parcels would be a simple line description. Also enclosed you will find a planning request application. I have also taken the liberty of enclosing, for your information, copies of the City of Plymouth's procedure for Lot Division and their application form. Please call if you have any questions. Very truly yours, WEFALD ASSOCIATES, INC. P Dennis J. Purcell DJP/kvd Enclosure cc: Mr. Richard Thomson - Rees-Thomson-Scroggins, Inc. - Mpls., MN SUBDIVISION PLAN CASE NO. SUB. City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application_ Escrow Paid Received by Applicant Date Name : der _ James_ _ _ J . Last First Initial Address: 6225 Ridge Road Chanhassen Minnesota 55331 Number and Street City State Zip Code Owner : _ Meyer James J . Last' First Initial Address: 6225 Ridge Road _ Chanhassen Minnesota 55331 Number and Street City State Zip Code Address of property in question:. Same as above Legal description of property in question: See attached Sketch Plan Present zoning of property: Residential Present use of property: Proposed use of property: Residential The following documents if appropriate shall be attached to this application: Date Received Initial 1. Sketch Plan 2. Preliminary Plat 3. Escrow Account Date Received Initial 4. Abstractor's Certificate 5. Final Plat I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for sub- division. Date Received by Title. Date (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY __DATE By Sketch Plan on Planning Commission Agenda Planning Commission Postponed to Preliminary Plat on Planning Commission Agenda Planning Commission. Postponed to Newspaper.Pu lication Adjacent Property Owners Notified Public Hearing Planning Commission Action Preliminary Plat on Council Agenda Council Postponed to Council Action Final Plat on Planning Commission Agenda Planning Commission Postponed to P_lannin Commission Action Final Plat on Council Agenda Council Postponed to Council Action Final Contract Executed Escrow Returned - Amount: rt• ir. .r_ a � �I F' CJI 1. f) L N+` •J t- l _ Y -.- i y f7 N O _ 7 :l. 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E U '_ it N •r O N U J 4- d V •-^) {-' N Y N-- +J E_ L S O Y •r N m W >)-� cc > , :9 '' •r Y cox N C W I--) ej r P a },gin N m l IJ V G a C jl N � U O Cl C t _N fY C C O K w U I fY Li U O N N 1 , A Ij ) O :wc N d > L C VV) O H O '— """ C C N L y r J 11) r C el d W Z Y v GNJej CO �• C N G C N � f1 •r C V C a � J 2 O O_ N ro Y ro N +-• Y � S O U zE o I rn.r Ui U O C N O N N d J O C F= •r C n L L w N a P N q X O •.- N J O C H 0. U [C `� q F- � N Y O Ul C N •J Y � 4- p r9 •r a J aF. N I - y •• CO N .-- a d d .. 1UNCi 1 O L ro m• V 41�N " m �; /"\' _ +gym>I W ly 41 o I --1 NI •� fJ t7 V V) ) rJ 1 GN=� � 4tif K• APPLICATION FORM CITY OF PLYMOUTH, MINNESOTA Directions: Fill out form by typing or printing in ink. Attached required information. A ►1r11 T/+/IIIT_ Name: Last First Middle Official Use ONLY: Date Rec'd _ A -File No. Fee Paid — Rec'd By Address: Street City State Zip Phone: Business Home OWNER: (If different from applicant) Name: (_LastT_ Address: Street Phone: Business TYPE OF REQUEST: First Middle City Stated Zip Home Please check the appropriate blank below: REZONING SITE PLAN _ LOT DIVISION/CONSOLIDATION RESIDENTIAL PLANNED UNIT _ DEVELOPMENT BRIEF DESCRIPTION OF REQUEST: I A/`fl TTf%h1 Ar nnfNr%rrVrV TRIAIA1 yr r%_ CONDITIONAL USE PERMIT PRELIMINARY PLAT FINAL PLAT VARIANCE Signature Title N3 z mm c cn x x c) > ;a 0 rp, co v z 4 C-) X r rq M X c: 0 (A -< cn % cn M 'jk-" Omm c cl z-u 0ao to uJ m ut CD 0 x rq > P. z fA (A m 0 z rn .1 X 0 r c: cn X 0 M r z .-7'Z Z 0 M M Z, K G) G) -1 CD Z --i F r- (0 a cm 0 rn r -n 0c0 M h x r -fj, rn no > CHAINS 72H z 0 z m c') ... rn < 0 0 rn w -n m rn --4 m A m CD m --j z rri 0 (4 m 0 -4 P 03 M :0 x c-) mX M I 0 0 v" , ,g rn rA o c) fn co -0 0 M Z M r 0 mo rn 0 -< -4 j:j IZ9 cil z (p 0 Fri VI (a Fctl > ti to r Cn rn 0 Z4 PI) 0 -S 40' E --: r;. 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