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78-16 Variance 822 Elm Road Scanned Planning FileCITY 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 October 30 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 Larry Dahl Variance 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. Subscribed and sworn to before me this day of Notary Public A � e 7610 LAREDO DRIVE`P.O. BOX 147oCHANHASSEN, MINN ESOTA 55317 (612) 474-8885 October 30, 1978 Dear Property Owners: Last week you received a Notice of Public Hearing Before the Board of Adjustments and Appeals for the City of Chanhassen, Minnesota within which an error has been found. Please note for your records, that the hearings will be at their respective times on Tuesday, November 7th, 1978 in place of the error of Tuesday, November 3rd. Sincerely,4,111 Bob Waibel Ass't. City Planner BW:njo CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING. 1 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 27 , 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 Dahl variance reauest 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 / 7 Don Ashworth, City Manager 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 Ordinance No. 47. The Board of Adjustments and Appeals will conduct a hearing of this appeal on Tuesday, November 3rd, 1978 at 7:20 p.m. at the City Council Chambers, 7610 Laredo Drive, Chanhassen, Mn. 55317 APPLICANT: Larry Dahl LOCATION: 822 Elm Road, Excelsior, Mn. 55331 PLANS: Requesting a 25' front yard setback variance to construct a proposed garage and family room onto the existing residence. Vernon J. Kerber 'T`N John Hasselblad Rt. 4 Box 850 f"1 Welch, Mn. Exc., Mn. 55331 p James L. Wegler Lentto Bldg. & novel. _ Rt. 7 Box 664 5705 Grove St. Excelsior, Mn. 55331 Edina, Mn. State of Mn. Richard Torrance State Dead Div. 6901 Nez Perce Centennial Office Bldg. Exc., Mn. 55331 St. Paul, Mn. ,Paul E. Reynolds ' Clystene Wilson ,10441 Decatur Circle 5239 Black Friars Ln. Bloom., Mn. 55438 Mtka., Mn. 55343 r 'Lydia M. Swanson 824 Forest Rd. Exc., Mn. 55331 Arnold Madsen 4125 Toledo Ave. `Mp15., Mn. Charles Dwight Raymond Reitan 855 Forest Rd. 1p, 3621 Blaisdell Ave. S. EXC., Mn. 55331 Mpls., Mn. 55409 Eugene Ernest 825 Forest Rd. Exc., Mn: 55331 James Tretten 9934 199th Way Lakeville, Mn. 55044 Donald B. Anderson 2851 Washta Bay Rd. Exc., Mn. 55331 r Dennis- Otteson 6850 Mandan Exc., Mn. 55331 Jurgen & Clara Johnson 832 Elm Rd. 'Exc., Mn. 55331 Jerre Johnson 6861 Nez Perce Exc., Mn. 55331 Marie J. Hilyer 'Harry Ahrens 7636 S.E. 34th ';Hamburg, Mn. Mercer Island, Wash. 9&.)40 f i Bill Moore * 845 W. 68th St. Excelsior, Mn. 55331 Daniel Welch 825 W. 68th St. Exc., Mn. 55331 R J" Frank. Mitchell 325 S. llth - Apt B ;;Las Vegas, Nevada 89101 Harlan Koehnen 1 Rt. 5 Box 264 a'Exc., Mn. 55331 Dunn & Curry 4940 Viking Dr. Suite 608 Edina, Mn. i :� s CITY OF G" CHANHASSEN 7610 LAREDO DRIVE*P.O PLANNING REPORT BOX 147*CHANHASSEN (612) 474-8885 C.� DATE: November 16, 1978 `"" "'"` "" TO: Mr. Don Ashworth, City Manager FROM: Assistant City Planner, Bob Waibdl MINNESOTA 55317 SUBJ: Front Yard Variance Request, 822 Carver Beach Road APPLICANT: Larry Dahl Petition / �3,/31 7J' Mr. Dahl is proposing to construct an attached garage and family room to the existing residence at the address mentioned above and in doing so is requesting a front yard setback variance of 24 feet. Ordinance 47 require that properties in an R-1 district maintain a 30 foot front yard setback. Background Community Location: As shown in enclosure 1, the subject property is located on the north side of Elm Road between Nez Perce and Mandan Drive. Existing Zoning: The subject property and it's environs is presently zoned R-1, single family residential district. Planner's Comments As mentioned in the attached application, the applicant is requesting a variance to the exceptional grade (18%) of Elm Street in front of the subject residence. Elm Road is in effect a one way street going to the east as a result of Mandan Drive being a one way street to the north at a point where West 68th Street intersects Mandan Drive, thus the only approach to the Dahl residence is from the west on a down grade. It is the opinion of this office that there are numerous options available to the applicant to construct a double garage in conformance with the city zoning ordinance, such as extensive excavation to alleviate the deceleration problems from the downgrade approach, the acquisition of adjacent property in order to carry out appropriate excavation to alleviate the problem, and to petition the city to consider the changing of the one way status of Mandan Drive and Elm Road to provide for upgrade access. Y Mr. Don Ashworth -2- /_'N, November 16, 1978 The Board of Adjustment and Appeals duly held a public hearing on November 7, 1978, and voted to recommend approval of the variance as requested due to the extreme topographic problems. Planner's Recommendation I recommend that the city council deny the request and urge the applicant to pursue the aforementioned courses of action as potential solutions to Accommodate the property with a garage in conformance with the provisions as set forth in ordinance 47. 9AX Action by City AdministMbIr Endorsed_ az Modified Rejected_ Date_...._..—. Date Su"MOed to C0111mlSaiolf Date SuLmitted to Coundil _Ll./a01700' _. 2A400-1 la� - l�. • N ,�c ��P.• ;-taco oe vs�111 ��,�0��1��e ,_�► moo e•�Qo►om �a��000�/Oo�oMEeo� a oOCD,A � C:•Qo0o7 ��dQa aaac� � nopo ooac��i CCCCCCR cf`� Q uu uo w vp wI O' ouu uo�0 �� P0o nYi uo nu �� ��,ee iYi fi' 3 `n'% f3g yI'LI 1 Fnio v� �R Z n,cr� �n �ml� yI i i�l� m Lei Rpm ���- i � , moil r�4 FK .F Lake Susan I Rice p Marsh _ I Lake �^ � LF .F � •F ' 34 �3`4(� 1 5 n i w � _ I I _ 12 } i I Board of Adjustments and Appeals Tuesday, November 7, 1978 Chanhassen City Hall Applicant: B.T. Land Company, Lot 31, Block 2, Lotus Lake Estates A motion was made by Dick Pearson and seconded by Willard Johnson in the respect that the subject case is in a new subdivision with no development taking place, the Board of Adjustments and Appeals voted to refer the decision to the City Council as a whole. Applicant: Larry Dahl, Front Yard Variance A motion was made by Willard Johnson and seconded by Dick Pearson to recommend approval of the variance as requested due to extreme topographic problems. CITY OF CHANHASSEN `D 7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 6, 1978 TO: Board of Adjustments and Appeals FROM: Assistant City Planner, Bob Waibel SUBJ: Front Yard Variance Request, 822 Carver Beach Road APPLICANT: Gogine Dahl Petition Ms. Dahl is proposing to construct an attached garage and family room to the existing residence at the address mentioned above.and in doing so is requesting a front yard setback variance of 24 feet. Ordinance 47 requires that properties in an R-1, single family residential district maintain a 30 foot front yard setback. Background Community Location: As shown in enclosure 1, the subject property is located on the north side of Elm Road between Nez Perce and Mandan Drive. Existing Zoning: The subject property and it's environs is presently zoned R-1, single family residential district. Planner's Comments As mentioned in the attached application, the applicant requesting the variance due to the exceptional grade of Elm Street in front of the existing residence. Elm Road is in effect a one way street going to the east as a result of Mandan Drive being a one way street to the north to a point where West 68th Street intersects Mandan Drive. The only approach to the Dahl residence is thusly from the west and on a down grade. This downhill approach does make the entrance into the driveway more difficult than the opposite direction. However, the entrance place proposed does not prohibit the construction of a garage to conform with the zoning ordinance standards. Planning Report -2- Planner's Recommendation I recommend that the Board of Adjustments recommend denial of the request at hand on sufficient room on the subject property to garage. vember 6, 1978 and Appeals move to the grounds that there is construct a conforming -24- VARIANCE PETITION CASE NO. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application ) o a-s 7 Fee Paid Date Received Daytime Phone # Applicant: Name: .7�hL �i O C-� Last First Initial Address: Y Number and Street Owner Name: Number and Street Address of Property in Question: 25 Legal description of property in question: 7C—/J I Reason, for Request: 7n- OF(�//1 e 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. G 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), (disapproval) subject to the following conditions: Chairman, Board of Adjustments & Appeal 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 r Attest: City Administrator (1) Will the particular physical surroundings, shape or topo- graphical conditions of the sc�::ific rarc%al of land involvad, cause a particular hardship to the owner, as distinguished from a mere incarvenience, if the strict letter of the regulations were to be carried out? (2) Are the conditions upon which a Lk!tition for a variation is lkrse(3 unique to the pa ra'_l of Ieind for which the vcArianc e, is sought and not applicable, generally, to other property within the saire zonirx3 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? StaffAdjustment Board of . Flat is the i hi ? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Valley Abstract 9 Title Service, Inc. P.O. Box 160 105 West Third CHASKA, MINNESOTA 55318 Phone: 448-6608 October 23, 1978 To Whom it may Concern; The names on the attached sheet where the address is not available are the record owners in the Office of the County Recorder. Most of these have been sold for forfeited taxes and have been purchased by someone or title vests in the State of Minnesota. Current addresses are not available on these people. i� J�r-c- /J�v�Le✓ October 20, 1978 Larry Dahl 822 Elm Road. Excelsior, Minnesota 55331 Following is a list of landowners within 350 feet of Carver Beach Lots 2556 and 255 Charles Dwight & Margaret G. Fisher 855 Forest Road Excelsior, Mn. 55331 .2, Eugene Ernest & Anita M. Drum 825 Forest Road Excelsior, Mn. James S. Tretten 9934 199th Way Lakeville, Mn. 55044 Max Shapiro no address available /y- Jerre Johnson 6861 Nez Perce, Excelsior, Mr.. Minneaxie Folsom Baldwin no aaddress /.% Harry Ahrens - Hamburg, Mn. /6,John Hasselblad Welch, Minn. ,/,Donald B. Anderson /7,Lentto Building & Development Inc. 2851 Washta Bay Road 5705 Grove St. Excelsior, Mn. Edina, Mn. 6',Marie J. Hilyer / B,Richard R. Torrance 7636 S.E. 34th. 6901 Nez Perce Mercer Island, Wash. 98040 Excelsior, Mn. John P. Kerber -.-No address 09 e Vernon J. Kerber Clystene Wilson Rte. 4 Box 850 5239 Black Friars Lane' Excelsior, Mn. Minnetonka, Mn. 55343 Dana W. Heck No address ,Z.o_ Bill C. & Joyce Ann Moore 845 w 68th. St. Excelsior, Mn. "7, James L. Wegler & wife E.. 21. Daniel Louis & Christine C. Welch Rte. 7 Box 664 825 w. 68th. St. Excelsior, Mn. Excelsior, Mn. Halvor 0. Dahl No address George Mand�enNo address „ State of Minnesota State of Minnesota State Deed Division Centennial Office Building St. Paul, Mn. 9, Paul E. Reynolds 10441 Decatur Circle Bloomington, Mn. 55438 /0. Lydia M. Swanson 824 Forest Road Excelsior, Mn. Arnold Madsen 4125 Toledo Ave. Minneapolis, Mn. Oscar A. & Lillian B. Olson No address / Z. Raymond Reitan 3621 Blaisdell Ave. S. Minneapolis, Mn. 55409 13 ,Dennis C. & Janet H. Otteson 6850 Mandan Excelsior,Mn. Process of being sold 2 S Jurgen & Clara Johnson 832 Elm Road Excelsior, Minn. Z 4, Frank Mitchell 325 South llth Apt. B Las Vegas, Nevada 89101 Louise M. Folsom No Address Zj , Harlan Koehnen Rte. 5 Box 264 Excelsior, Mn. John H. & Irene H. Kienzle No address Catherine Costello No address 2 y_ Dunn & Curry Real Estate Management Inc. 4940 Viking Drive Suite 608 Edina, Mn. Bill Schneider - Manager Valley Abstract & title Service Inc. Chaska, Minn.