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78-14 Variance9 CITY- OF CHANHASSE-H 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 12, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Front Yard Variance Request and Side Yard Variance Request, 6596 Huron APPLICANT: Bruce Stenerson PLANNING CASE: P-587 Petition Mr. Stenerson is proposing to construct a garage on the subject parcel using a front yard setback of 10 feet and a side yard setback of 5 feet. zoning ordinance 47 requires that parcels in an R-1 district, which is the present zoning of the parcel, utilize setbacks of 30 feet in the front and rear yards and 10 feet on side yards. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 40 feet north of the intersection of West 66th Street and Huron Ave. 2. Utilities: Sewer and water are presently available to the subject property, and the property has been assessed one sewer and water trunk unit as per the public improvement project 75-2. Planner's Comments 1. As shown in enclosure 2, Mr. Stenerson is proposing to pia.c:e she garage as proposed in order to use a portion of the present drive for entrance into the garage, to have as least encroachment as possible in the terraced flower bed area on the north side of the property, and to avoid jeopardizing the Oak located in the west central portion of the property. 2. The proposed egress would be off of what is known as Iroquois Road which is a dedicated right of way as per the Carver Beach Plat. It is my opinion that Iroquois at this point would have no reason Mr. Don Ashworth -2- October 12, 1978 to be extended further to the north since it would only serve to draw in traffic into an area with less than marginal circulation being that Devil's Slide is the only direct egress from the general area and Huron which has been designated as trail in the Carver Beach plan. The Board of Adjustments and Appeals duly held a public hearing concerning the subject proposal on October 3, 1978 and voted to accept the proposal in order for the applicant to maintain the terraced flower bed, the Oak tree previously mentioned, and the garden in the southern part of the property. 3. I believe on this particular request that the existence of the terraced flower bed is not paramount to the standards set by ordinance, that the Oak tree will not be any more greatly dangered by repositioning of the garage, that the garden area if built upon could be easily transferable to the north portion of the property, and that there is more than sufficient conforming buildable area fronting along Iroquois. Planner's Recommendation I recommend that the city council require she applicant 'to maintain the 30 foot front/rear yard setback along Iroquois, and a 10 foot side yard from either the north or south property line. Aet W by City Administrator, Modified ReJ#ctod VAN Veto Submitted to CommissioN Date --, to Coumg - I Z z� ul v l VJ diRVER COUNTY jc'(:ES. THIS MAP REFERENCE ;AND ITS AGENTS FCR ArIY ?ED THEREIN Rd1 40!:``o 34 BJFG m o m b� r WK ROAD o2 �j u70 ROAD u 3 lF J � \ �1 � l Y N 3 ` CD o \ \ J \� �`�GLosv oe AE tl BOARD OF ADJUSTMENTS & APPEALS MOTION SHEET PLANNING CASE: APPLICANT:'�1(� REQUEST: MEMBERS PRESENT: +LL- MOTION BY: PIP, /), All SECOND: MOTION: Recommend that the City Council GROUNDS FOR RECOMMENDATION: �rA- -r TPA=t AT PTJBL.TC COMMENTS: 6596 Fiur Excelsiorn Ave City of G September'5'Mv197831 7610 �,edha� ssen Gha Essen, ft 55317 Gentlemen: kat requests 30 feet by 24 a d S feet frVarlanco to build a feet. m the side image 10 feet f the nor reason for t l line . The garage Il he or the setback re request is be B garage loca �i4�rhe nt because ent the tree o large off hoPe to an Y removi er of .the � d have to � tree . To follow buil would ild the wt'Or'age shed Pr � mod• removed I haverjg an �NPr nt g1trageis is my t pinion a 2o ti°n x abut s�usse the new ' thet' here objeCtlo s s� thh re t}, ls th ay neighbor Property and neighborhood -request. Thanking YOU e locatiogal-age the . -1 be locatedWinters' whose Pro u in advance he has vo Perty e for any �onsidera tions given me on this Sincerely, Bzuce E Ste ersO 22 del ` Steverson'-' e ' 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 Sianature o Owner 4% 7 Date -- - -- -- --- Received by Title Date (Following to be completed by Zoning Administrator or City Official). CHRONOLOGY _ _ _ - -_ DATE_1 _ __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 departmentcon.cerning the attached are requested by DEPARTMENTAL COMMENTS: ` ,.. .. .... .... .,.i... u_..t':. .F.aG.»L..y.e: ... ...t... .,_ BOARD OF ADJUSTMENTS ANDyAPPEAL$ 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 mi potit.ion for a variat-ion is basudl unique to tyre yea r-cx--1 of land Eor wliic;li tlxa variance is sought and not applicable, generally, to other property within the same zoning 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 'ustment Jvh3t is the 2bvsiW ji.g&hi ? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No 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 September 26 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 proposed garage for Bruce Stenerson 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 and Appeals will conduct a hearing on, this appeal on� Tuesc.ay' October 3; 1978 at 7c00 p.ri. at -City Ha11;"'7610' Laredo'.Drive_ All interested persons may -appear and be heard at said time and. place. APPLICANT: Bruce Stenersoni PLANS: Mr. Stenersonas proposing to construct a garage. -'utilizing a 10 foot front yard setback: Zoning Ordinance 47 requires'-30 feet of front yard setback -.for property located in an R=1 district. CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 2, 1978 TO: Board of Adjustments and Appeals FROM: Assistant City Planner, Bob Waibel SUBJ: Variance Request, Bruce Stenerson APPLICANT: Mr. Bruce Stenerson PLANNING CASE: P-587 Petition Mr. Stenerson is proposing to construct a garage on the subject parcel utilizing a front yard setback of 10 feet and a side yard setback of 5 feet. Zoning Ordinance 47 requires that parcels in an R-1 district, which the parcel is presently zoned, utilize setbacks of 30 feet in the rear yard and 5 feet on a side yard. Background Community Location: As shown in enclosure 1, the subject property is located approximately 40 feet north of the intersection of W. 66th Street and Huron. Existing Zoning: Presently the subject property is zoned R-1, single family residential district. 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