Loading...
78-17 Degler Farm Temp Mobile Home CUP pt 1�' CITY OF CHANHASSEN �rr" 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 3, 1978 TO: City Manager, Don Ashworth FROM: Ass't. City Planner., Bob Waibel 2?.1 �f L ar /t ��✓/! CvV a wT Ott r SUBJ: Conditional Use Permit for Temporary Mobile Home APPLICANT: Dean Degler PLANNING CASE: P-574 Pa+-i i-i nn Mr. Degler is requesting to provide a second residence under a conditional use permit for a father/son farming operation. Background 1. Community Location - As shown in enclosure 1, subject property is located at the intersection of Co. Rd. 17 and Co. Rd. 117. The existing Degler residence is located approximately 600 ft. south of the inter- section of Co. Rd. 17 and Co. Rd. 117. 2. Existing Zoning - The subject property is presently zoned R-lA, Agricultural Residence District. 3. Comprehensive Plan Proposal - Pursuant to the adopted Chanhassen Generalized Guide Plan, the subject property is to assume and maintain a low desnity single family residential. identity. Pursuant to the general development plan for the City of Chaska, the land in the south- west quadrant of the intersection of Co. Rds. 117 and 17, is to assume an industrial identity. Planner's Comments Several months ago the Deglers had requested to construct a permanent residence for his son within the parcel indicated as site B on enclosure 1. During the review of that particular request, it was learned that the Carver Co. Highway Department had planned for the construction of a new intersection of Co. Rds. 117 & 17 with construction to be completed around 1981. Having learned this, I requested that the County Highway Department furnish our offices with alternative proposed alignments for this intersection (reference enclosure 2). It had been stated by the Deglers, Planning Report -2- November 3, 1978 before and after receipt of the County plans, that this general northerly area of their farm was the only area they would consider for use of a second residence accessory to the farm. Due to the uncertainty of the future alignments of this intersection, the DegleA subsequently requested that they be conditionally permitted to provide a temporary residence in the form of a mobile home, for their son and his wife, who are presently living in the Degler residence. The Planning Commission held a public hearing concerning the subject matter on October 25, 1978 and voted to recommend a conditional use permit be granted to the Deglers to provide a temporary residence for their son and family in the form of a mobile home, the conditions being that: 1. That the temporary structure be at least 20' removed from any existing buildings. 2. That the septic system meet all Health Department -standards. 3. That the conditional use be terminated within one year after completion of the improvements on the intersection of Co. Rd. 17 and Co. Rd. 117. Planner's Recommendation Due to the relative imminence of the intersection improvement project completion, and that urbanization of this particular area of Chanhassen appears somewhat distant, I recommend approval of a conditional use permit for a temporary residence as outlined in this report and in concurrence with the conditions setforth in a Planning Commission recommendation. Manager's Comments This office cannot support the application as presented. Specifically, I fail to see where the road alignment issue is any more of a factor today versus whenever such may be completed. The original proposal by the applicant was to purchase the city owned property for a building site. This concept was never acted upon by the City either in regards to whether we should sell city property or whether the parcel, if sold, should be considered for residential development in the unsewered area (the parcel is small), Now to use the position of the road alignment change as a basis for the necessity of a mobile home cannot be supported. Additionally, similar to the temporary mobile home request on Highway 5, temporary structures very seldom are temporary. Under this proposal the entire buelden of removal rests on the City and, again, I fail to see what conditions will have changed if and when a new road is constructed. Given the overall size of the Degler Farm, this office continues to believe that a division of the property could be feasible and allow for the construction of .permanent housing. 0 Or OF OF PATE \F OF • OF Lake Susan OF OF CJ OF OF OF OF OF LYMANEED BOULEVARD - ]F' II OF OF %*F cc F-1 OF OF PION EP_ TH CO. RD. 14 OF PK OF OF k PIP. 0 0. G, osox, Office of Director of Public Works Patrick B. Murphy � l �I. I. I� CARVER COUNTY COURTHOUSE 6W EAST 4TH CHASKA, MINNESOTA 55318 COUNTY OFL Cl�RVER October 2, 1978 Mr. Bob Waibel City Planner City of Chanhassen Chanhassen City Hall _ Chanhassen,Minnesota 55317 `��� Re: Future Lyman Blvd Extension �� COT- .3 Jk Sec. 22, T116, R23 R Ctrl Degler Building Proposal vr�� � !.:,[~jANf- Dear Bob: Enclosed herewith please find a composite half -section map illustrating alternate alignments of a future westerly Lyman Blvd. extension. Our desirable alignment is shown in blue. This alignment would require a total 100.0 foot right-of-way width centered on the line. The connection of CSAH ##17 to the east -west segment is also shown, and would most likely require at least a portion of the land presently owned by the City of Chanhassen. A residential building proposal near the intersection would present problems for both the design and construction of the future east -west minor arterial connecting T.H. 41 in Chaska and T.H. 101 in Chanhassen. A residence within close proxmity of the proposed intersection could experience problems with noise and air quality. Without executing a more detailed design study, we would recommend further communications with the Deglers to. explore an alternate building location separated some distance from the proposed roadway alignment. I appreciate the time and attention you have given this letter. Please contact me if you have further questions. Sincerely, Donald C. Wisniewski Chief Engineer DCW:kam An Equal Opportunity Employer Planning Commissioi_ Aeeting October 25, 1978 -5- 11 PUBLIC HEARING CONDITIONAL USE PERMIT - DEAN DEGLER Roman Roos called the hearing to order at 8:50 p.m. with Mrs. Dean Degler present. The Assistant City Planner read the official notice as published in the Carver County Herald. The purpose of this hearing is to consider the temporary placement of a mobile home to furnish a secona residence.for a father/son farming operation. Mr. Degler had previously been before the Planning Coim,ission requesting permission to erect a home for his son at the intersection of Galpin Blvd. and Audubon. Since that time it has been found that the.Carver County Highway Department is planning construction of a new intersection which involves this property. It is for the uncertainty of the exact location of the new alignments that the Degler's are requesting to provide temporary residence in the form of a mobile home next to the existing residence. The road is programn ed for completion in 1982. Bob Waibel - I would recommend that due to the uncertainty of the future county road alignment that temporary residence on the Degler property be allowed as a conditional use with said conditions being that the mobile home is maintained 20 feet from any existing structures on the farm property, that the septic system meet all State Health Department standards, and that the conditional use be terminated within 90.days after the completion -of the county improvement of the intersection of County, Road 17 . and- Galpin Blvd. Mrs. Dean Degler - The way this is written'up I don't think we even want a permit fora mobile home.- Within 90 days of that road then the mobile home has got to go out, -you can't'afford to buy a new one, you don't know what you can get in a used one, it just plain_ stinks. The first time I came to the meeting we were to get pert tests and if we got the pert test .we would get the permit. Well we spent the money for the pert test. Then:it had to go through the -county.and:we-didn't choose a mobile home. That was an alternative plan because we were told we can't build a house there. When you are in agriculture you aren't going to set a house on a good piece of farm ground or :you .are not in agriculture or you are not going to stay there long.and if we weren't we wouldn't need a separate quarters. .The ball just rolled and rolled the wrong way and I don't think that under these circumstances we would even want to take the permit for a -mobile home... Bob Waibel - That time period can be changed. Mrs. Dean Degler -•.I started this -last April.and the ball has just been tossed back and -.forth and here it's winter and we :still have nothing and.then within 90 days of the completion of.that_road the mobile home is supposed to go.'' Roman Roos - You can't build a house that quick. Mrs. Dean Degler - You can't get through the'city that quick. Planning Commissic Meeting October 25, 1978 -6- Roman Roos - You have no problems with the trailer, do you on a temporary situation in order to alleviate this problem? Mrs. Dean Degler - It if weren't quite that temporary. Roman Roos - The thing you are concerned about is the time element from the time the road is completed until you get a house built. Mrs. Dean Degler - We don't like the idea of a mobile home instead of a house, no.. Roman Roos ---,But you can -live with that? Mrs. Degler - If we can get a mobile home -that is.a decent mobile home that you can turn over again because we don't have money to throw here and there and -yonder. ---- Jerry Neher - Instead,of,the 90 day period, how does one year -set? Mrs. Defiler - It sure is -a lot better than 90 days. Tim Stone moved-to:close the public hearing. Motion seconded by Dick Matthews and unanimously -approved. Hearing closed at 8:58 p.m. CONDITIONAL USE PERMIT DEAN DEGLER: Dick att ews - The reason for t e mobile home is to provide temporary residence until the known location of the road is -:known because they can't place the house? I am having trouble understanding-why_they;need, why they can't go ahead with the house. . Bob Waibel -.They-have-got-four--alternative alignments right now. If "-.-they take the red or the blue, the blue is the preferred alignment which is the one that runs right across the north line of the property, if they took the red or the blue- this, would mean that this .may -be restored back to its original state or tillable:land or else residential buildable area. Maybe it could be used for part of a driveway to a house. I -think the road should be completed and then. Dick Matthews - The problem is they can't place the dwelling even knowing what -the alternatives are? Bob Waibel - It may be.a great risk involved-. There intention is to economize on their farm land, keep the new residence close to the edge of their property in the northern part. Roman Roos - I guess rather than further the aggrevation that they have put-up with if they are willing to go with a mobile home and we have a situation where the county doesn't really know which alternate they are going to take, I for one have no problem with them living in a mobile home on a temporary -basis before that road is finally platted and if they -want to build a house from that point on, we didn't have a problem then, I sure don't have a problem now, I would definiately say that some reasonable amount of time and-.I•think a year is totally reasonable. Dick Matthews - It would seem to me that there would be plenty of time from the time that the road is surveyed to the time that.'the road is,completed. Once they get the survey stakes in they are going to know where they are going to put their house. Jerry Neher - They have also -got -an investment that they have got to recoup once they know where that road is going to be. I don't believe that a years time is unreasonable. Pat Swenson - I have to agree -with Jerry. Having had temporary abode in a mobile home waiting for our situation to clear up I do know it can be an expensive proposition. It's 3 Planning Commissio 211eeting October 25, 1978 -7- definitely a loss and particularly in a case where they are going to have to have a foundation of sorts. In a park a lot of these things are set up. I would have to feel that I would have to bend over backwards knowing that they would be going through this through no fault of their own. Roman Roos - We did not realize this road situation existed at that last meeting we had with you. Tim Stone Bob, am I.right in saying that the City of Chanhassen does not allow mobile homes anywhere within the community under the current ordinance except as a conditional use, is that correct? Bob Waibel - Mobile homes are only allowed in a mobile home park. Walter Thompson moved to recommend the Council grant a conditional use permit to the Dean Deglers for the installation of a mobile home under the standards required by staff to take care of their immediate living requirements and that the conditional use permit expire one year after completion of the road. Motion seconded by Dick Matthews. The following voted in favor: Roman Roos, Walter Thompson, Dick Matthews, Pat Swenson, and Jerry Neher. Tim Stone abstained. Motion carried. Tim Stone - I am -looking for consistency and intent and I am having some difficulty with the intent of the ordinance which does not permit mobile homes anywhere except in a park. I will -grant you�a conditional use permit is to allow for unusual circumstances but I don't feel comfortable with.the explanation.that-I received relative to the mobile home -that we denied before and the one that I see before us now. Dick Matthews - I wasn't here for the -previous request that was -denied by the Council. I really don't know why it was -denied because -'as I understood it, it was a temporary residence. I don't know under what conditions they were presenting it as a temporary residence I would have to presume that there house was either -being sold or destroyed or something and neededa place to reside until they found another :home. I. find that hard to understand. Roman Roos - That did not come before the Planning Commission. Dick Matthews - I never -saw -it. Jerry Neher - The house -that they were being moved out of was a piece of rental -property (Allen Kerber). I am quite sure that the-tennants:were aware of the fact that sooner or later that house was bound to go. It was sitting on industrial property: In the case of Deglers, it's the home farm. It's in -a completely agricultural area and it is permissable to have a second residence on the property. Roman Roos - I think also since we were talking initially that it was a permanent residence; a new home on a R-lA farm father/ son situation, and the only reason we are considering a mobile home now is that some new information came to -light that there is going'to be a modification in the roads.:.-. Tim Stone - The fact of the matter'is that in both cases the situation :from a land use -and from a fiscal planning point of view -is the same, a temporary residence -to satisfy a temporary Planning Commissir ;Meeting October 25, 1978 MIZ situation. I don't see any consistency here and I guess I would --like to make sure that.the Council is made aware of what•I think is an -inconsistency. AGNES ANDERSON - SKETCH PLAN: Mr. and Mrs. J. Harold Anderson were present requesting approva to subdivide five acres into three lots. The property is located at the intersection of Orchard Road and Oriole Lane and is -zoned R-1. The.Assistant City.Planner in his report of October 23, 1978, recommended that the City Engineer should render an opinion as -to the affect of.the local soil situation on the ability to construct Forest.Avenue,.extend.Oriole Lane and the further subdivision -of the.property•for.residential building sites. Luke Melchert, Attorney for.the.Andersons -:.Mr. and Mrs. Anderson own the property, it's one large piece now and they would like to.-subdivide-it.to recoup some of the costs:: that. they -have -and . they have..a developer that's interested -:in --buying it and.we:would like to know whether,there.is a building:site•available on the way south end -of the property and what.the city's interest is if they want park. land.- It is my under- standing that there -is park land.to the south of it. Roman Roos - Does the city intend to bring Oriole down? Bob Waibel --We have looked -at the -possibility -of getting an access to. the park. - Herman.:Field .is -landlocked presently. Dick Matthews moved •to _hold -:a. public _hearing -on .November 22, 1978, to consider the proposed.subdivision for Agnes Anderson.and also to consider the transportation layout for the area. Motion seconded by Walter Thompson and unanimously approved., HESSE FARM, PHASES II AND III - PRELIMINARY DEVELOPMENT -PLAN: Mr. and Mrs. Harold Hesse, Herb Baldwin, -;and Frank Burg were present. The Assistant City -Planner discussed his report of -October 24, 1978. Frank Burg answered the points raised in,the.Assistant City Planner's report. Frank Burg - The lots that are in question as -far as the development of the. -program. There are marginal soils on each one of the -lots that fall down in the low areas. Lot 1 is right_ -up here -on the ,south side of .Bluff Creek. Lot 2 is in the northeast, corner of it. Lot 3 has a fairly significant,drainageway that.comes-down along the very north edge of it. Lot 4 has the same drainage -way which continues on down into the main'.water feature. Lot 19 is the farm,proper.itself and that already has structures on it: Lot_20.has a low area -in -the southern most portion., -.It -is -our proposal. that the areas that I have delineated -with -the orange circle would be suitable building sites based on a site investigation. They are all high. One of the reasons, at the last meeting that we were here that we requested an opportunity to come back was that we had a road coming in to the north half of the proposal which was right adjacent.to an exception to this development and it was felt.that to protect the integrity of -this residential area that a road coming into this area would best be served if it were somewhere else. We looked at a number of alternatives and this 3 -17- CONDITIONAL USE PERMIT CASE NO. CUP City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid Date Received by Applicant r')" / �� J �►� Name • - ,t -- tJ •Easy first itial Address: P R 6- a X l F 7 C XC _C4- S /eR M /'h//✓ 6-,6 3_3 / Owner: 0 Last er and Street _ 0 City State Zip Code lnitza Address: f 1? 5 - a--& x- / % 4L�-t� �}� _ ' �a 3 % Number and Street Y City State Zip -Code Address of property inp question: Legal description of property in question: a C Firs Present zoning of property:._____ Present use of property: Proposed use of property:__ The following documents- if appropriate shall be attached to this application: Date Received Initial 1. Site development plan 2. Dimension plan--- 3. Grading plan 4. Landscape plan CITY "OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 25, 1978 TO;: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: Conditional Use Permit, Public Hearing APPLICANT: Dean Degler PLANNING CASE: P-574 Petition Mr. Degler is requesting to provide for a second residence under a conditional use for the purpose of establishing a father/son farming operation. Planner's Comments Section 6.04, subsection 7 provides for the establishment of living quarters for persons employed on the property of the permitted use as a conditional use within an R-lA agricultural residence district. As you remember a few months ago, Mr. Degler had originally proposed to place a residence for his son at the intersection of County 17 and Lyman Blvd. (reference enclosure 1). Since that time, it has been found that the Carver County Highway Dept. has planned the construction of a new intersection of Lyman Blvd. and County 17 which directly involved the previously involved property.. It is for the uncertainty of the exact location of the new alignments included in this project that the Degler's are requesting to provide temporary residence for his son and wife in the form of a trailer house next to the Degler residence. Upon extensive consultation with the Deglers, they have indicated that this area of their property would be the only area they would consider for the use of a second residence accessory to the farm. It is with this in mind that I would recommend that due to the uncertainty of the future county road alignment that temporary residence on the Degler property be allowed as a conditional use with said conditions being that the trailer is to maintain 20 feet from any existing structures on the farm property, that the septic system for the trailer meet all State Health Dept. standards, and that said conditional use of a temporary trailer house be terminated within 90 days after the Planning Comnissio. -2- O.c.tobex .25, 1978 completion of the county improvement of the intersection of County Road 17 and Lyman Blvd. r CA.�.��... W July 20, 1978 i:r. Bob Waibel Chanhassen City Hall Chanhl_ssen, T:innesota 55317 Dear Mr. I°Taibel: This is.to inform you that we would like to negotiate with the City for the purchase of the city property which lies in the corner between the county roads 17 and 117. This property also has two little corners across the ro-Ids or in the roadway with our property next to it. This property is in Section 22, and we would appreeiate hearing from you. Yours truly, Dean and Lois Degler Affidavit of Publication l� --------------- ---------- Sate of Minnesota ) CITY OF CHANHASSEN CARVER AND HENNEPIN ) SS. COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING County of Carver ) FOR DEAN DEGLER FOR PROPOSED CONDITIONAL USE PERMIT, CHANHASSEN, MINNESOTA, NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, will meet ua William McGarry Wednesday, October 25th,1978, at 8:45 p.m. at City Hall. being duly sworn, an oath says he is and during 7610 Laredo Drive, Chanhassen, Minnesota for the all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full purpose of holding a public hearing to consider the knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format conditional placement of a trailer house to furnish a second residence for a father -son farming operation on and in column and sheet form equivalent in printed space to at least 9W square inches. (2) Said newspaper is a weekly the following described tract of land: and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest The Northwest Quarter of the Southeast Quarter to the community which it purports to serve and does not wholly duplicate any other publication and is not made up (NW 1i of SE N) of Section 22, Township 116, Range 23, entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which Containing 40 acres of land, more or less. it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its Also, beginning at a post on South Line of Northwest total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local Quarter of Southeast Quarter (Nwu4 of SE14) Section Bice, (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known 22, Township 116, Range 23, One (1) chains West from the Southeast Corner of said Northwest Quarter of office of issue in the City of Chaska in said county, established and open during its regular business hours for the Southeast Quarter; thence South degrees West 2.38 gatheringof news, ale of advertisements and sale of subscriptions and maintained by the managing officer of said chains; thence South 73 degreeses West 4.35 chains; newspper, persons in its employ and subject to his direction and control during all such regular business hours and at thence South 36'f2 degrees West 1.90 chains; thence which said newspaper is printed. (6) Said newspaper files a copy of each issue Immediately with the State Historical South 1711 degrees West 3.70 chains; thence North 82 Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates degrees West 1.50 chains to a point in North and South of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, middle line of Southw. st Quarter of Southeast Quarter; thence North along said middle line 8.00 chains to a post 1986 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the in South line of Northwest Quarter of Southeast managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Quarter; thence East 10.00 chains to place of begin- ning,He situated in East Half of Southwest Quarter of P Southeast Quarter, Section 22, Township 116, Range 23, containing 3.60 acres. hereto attached asapart Alsu commencing at a post on center line of Section 22, Township 116, Range 23, which post bears South 4.28 hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, chains from center post of said Sec. 22; thence South 15.32 chains to Quarter Quarter post; thence North 44% r once each week, for One successive weeks; that it was first so published on tied • the 11 th degrees West 27.90 chains; thence East 15.32 chains; Oct- thence South 4.28 chains; thence East 4.28 chains to bey of 19�Pand was thereafter printed and published on every to and place of beginning, situated in Lot 2, Sec. 22, Township � 116, Range 23 and containing 17.37 acres, more or leas. including the day of _ 19_andthatthefollowin is printed of �►g y g p copy the lower case alphabet Also, beginning at the Quarter Section post on South from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and line of Section 22, Township 116, Range 23, running thence North along center line of said Section, 20.00 publication of said notice, to wit: chains to middle line of Southeast Quarter of said Section, thence East along said middle line 10.00 chains; thence South parallel with first mentioned line abcdefghijklmnopgrstu 15.75 chains to a point in the center of a creek; thence Southerly along center of said creek to South lin€ of said Section; thence West 7.00 chains to place of beginning, containing 19 acres of land, more or less, situated in West Half of Southwest Quarter of Southeast Quarter of Section 22, Township 116, Range 23. ^ All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob W aibel, Ass't. City Planner Publish in the Carver County Herald an October 11, 197a i ' Subscribed and sworn to before me this day of 19� (Notarial Seal) LORRAINE LANO !t NOTARY PUBLIC — MINNESOTA CARVER COUNT! My Commission Expires June 29, 1982 Notary public, `�1-%��'�-'" County, Minn My Commission Expires 19a 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 10-13- — _ 19 7$ 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 Dean Degler Conditional Use Permit 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. Don Ashworth, City Manager Subscribed and sworn to before me this day of , Notary Public r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR DEAN DEGLER FOR PROPOSED CONDITIONAL USE PERMIT, CHANH:ASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, will meet on Wednesday, October 25th, 1978, at 8:45 p.m. at City Hall, 7610 Laredo Drive, Chanhassen, Minnesota for the purpose of holding a public hearing to consider the conditional placement of a trailer house to furnish a second residence for a father -son farming operation on the following described tract of land: The Northwest Quarter of the Southeast Quarter (NW V4 of SE114) of Section 22, Township 116, Range 23, . Containing 40 acres of land; more or less. Also, beginning at a post on South Line of Northwest Quarter of Southeast Quarter (NWV4 of SE1/4) Section 22, Township 116. Range 23, One (1) chains West from the Southeast Corner of said Northwest Quarter of Southeast Quarter' thence South 38% degrees West 2.38 chains; thence South 73 degrees West 4.35 chains; thence South 36% degrees West 1.90 chains; thence South 17% degrees West 3.70 chains; thence North 82 degrees West 1.50 chains to a point in Northand South middle line of Southwest Quarter of Southeast Quarter; thence North along said middle line 8.00 chains to a post,-. in South line of . Northwest Quarter of Southeast Quarter; thence East 10.00 chains to place of, begin- ning, situated in East Half of Southwest Quarter of Southeast Quarter, Section 22, Township 116, Range 23, containing 3.60 acres. Also commencing at a post on center line of Section 22, Township 116, Range 23, which post bears South. 4.28 chains from center post of said Sec. 22; thence South 15.32 chains to Quarter Quarter post; thence North 44% degrees West 27.90 chains; thence East M.32 chains; thence South 4.28 chains; thence East 4.28 chains to - place of beginning, situated in Lot 2, Sec. 22, Township . 116, Range 23 and containing 17.37 acres, more or less. Also, beginning at the Quarter Section post 'on South I line of Section 22, Township 116, Range 23, running > thence North along center line of said Section, 20.00 chains to middle line of Southeast Quarter of said, Section, thence East along said middle line 10.00 chains; thence South parallel with first mentioned line 15.75 chains to a point in the center of a creek; thence Southerly along center of said creek to South line of said Section; thence West 7.00 chains to place of beginning;: containing 19 acres of land, more or less, situated in, West Half of Southwest Quarter of Southeast Quarter of Section 22, Township 116, Range 23. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Ass't. City Planner (Publish in the Carver County Herald on October- 11, 1978.) Mr. Dean Degler t Rt. 5, Box 187 Excelsior, MN 55331 Mr. Milo Wehking 9231 Audubon Rd. Excelsior, HN 55331 Jonathan Ventures Inc. Jonathan Village Center Chaska, MN 55318 Jonathan Development Corp Jonathan Village Center Chaska, MN 55318 wn in closur of the R-IA District as -outlined in0dy�a340'4x.1505 triangularnparcel 2, the area for the proposed structure _ � „__.�.�., �„�� 1 1 7 _ The conditional use method as previous Office of Director of Public Works Patrick B. Murphy n COUNTY OF Ct1RVER Mr. Bob Waibel City Planner City of Chanhassen Chanhassen City Hall CARVER COUNTY COURTHOUSE 600 EAST 4TH CHASKA, MINNESOTA 55318 October 2, 1978 Chanhassen,Minnesota 55317 ���t12 Re: Future Lyman Blvd Extension \" OCT1978 Sec. 22, T116, R23 e lRFC Degler Building Proposal ; VILL4G, ZO G'NAlO►�RS Dear Bob: Enclosed herewith please find a composite half -section map illustrating alternate alignments of a future westerly Lyman Blvd. extension. Our desirable alignment is shown in blue. This alignment would require a total 100.0 foot right-of-way width centered on the line. The connection of CSAH #17 to the east -west segment is also shown, and would most likely require at least a portion of the land presently owned by the City of Chanhassen. A residential building proposal near the intersection would present problems for both the design and construction of the future east -west minor arterial connecting T.H. 41 in Chaska and T.H. 101 in Chanhassen. A residence within close proxmity of the proposed intersection could experience problems with noise and air quality. Without executing a more detailed design study, we would recommend further communications with the Deglers to explore an alternate building location separated some distance from the proposed roadway alignment. I appreciate the time and attention you have given this letter. Please contact me if you have further questions. Sincerely, Donald C. Wisniewski Chief Engineer DCW:kam An Equal Opportunity Employer September 25, 1978 SOIL TESTING SERVICES OF MINNESOTA, INC. 2405 ANNAPOLIS LANE - - SUITE 280 MINNEAPOLIS, MINNESOTA 55441 PHONE 612-559-1900 Mr. and Mrs. Dean Degler R.R. 5,.Box 187 Excelsior, Minnesota 55331 RE: Soil percolation tests for proposed residential lot located in the northwest quadrant of County Load 117 and 17 in Chanhassen, Minnesota Dear Mr. and Mrs. Degler: In accordance with your letter of authorization of August 14., 1978, we have concluded the percolation.tests at the above referenced site and are submitting herewith, the results of our engineering services performed. Three copies of this report have been sent.to the above address. The tests were performed on August 24 and 25, 1978, in accordance with the methods and procedures as designated by the Minnesota Department of Health, 1971 and amended in 1978 by the Minnesota Pollution Control Agency in their publication WPC 40. The investigation consisted of two percolation tests extending to.a depth of 3 feet below the existing ground surface and a single soil boring extending to a depth of 15 feet below the existing ground surface to determine whether ground water was encountered within that depth.. The results of these tests and soil borings are included in the Appendix of this report. Ground water was not encountered to a depth of 15 feet either during or 24 hours after completion of the drilling procedures. The percolation test -rates varied from 12 to 15 minuts per inch of drop. Based on these test results, installation of an individual sewage effluent disposal system.should be acceptable in the area tested on this lot. We recommend that the system be designed for a percolation rate of 15 minutes per inch. All local ordinances and codes, as well as regulations of the Minnesota Pollution Control Agency should be followed in design and installation of this sytem. If you have. any questions, or if we may be of further assistance, please do not hesitate to contact us. Very truly yours, SOIL TESTING SERVICES OF MINNESOTA, INC. James H. Overtoom, P.E. Registered Professional Engineer, Minnesota J HO/ j ag _ William C. Kwasny, P.E. CHICAGO, PEORIA, ROCKFORD, ILLINOIS • WASHINGTON, D.C. • CEDAR RAPIDS, John P. Gnaedinger, P.E. DAVENPORT, DES MOINES, IOWA • KANSAS CITY, WICHITA, KANSAS • BAY CITY, Clyde N. Baker, P.E. DETROIT, GRAND RAPIDS, MARQUETTE, MICHIGAN • MINNEAPOLIS, VIRGINIA, James H. Overtoom, P.E. MINNESOTA • BISMARK, GRAND FORKS, NORTH DAKOTA • FAIRFAX, VIRGINIA R. Eric Zimmerman, Ph.D., P.E. GREEN BAY, MILWAUKEE, WAUSAU, WISCONSIN • MADRID, SPAIN • JEDDAH, William M. Perpich, P.E. I SAUDI ARABIA OCT 1978 RECEIVED VILLAGE OF W CHAPli-IASSEN, J MINN. r'' • Engineerin Y � � %Reports • Construction Quality Control • Foundation Borings and Testing • Environmental Testing and Evaluation Z C r0 n t = r0 O Y N C tU fu C L C N i M d C 41 cp Vl th U to rcl L s L ti O •L Z U z 0 p IL_ a U y W a it h U Z C O f" \ a � 4J O 7 CON t C w 0-M •E ul N t U z C O \ a O cc U 7 to W •E C M Ln ti ty > L Z O +c N 0 � — .- t to t+.- - LrN 0 O U U w . O 0 cz ! 9 y w w O gnomon �s i� stilttey ��ii"rrnti�r® [C7 C� w J XZ W .- u. Z o w ot<O ar Ift JIL) F- J O Z J r a: ui cr* LU �'v FFsiJ n. U C M -0 L- - 4- U (p A W >• 'O 4J (U 4-1 C fu n - •(/1 Vr +1 G C N U 3 v 3 >• > O c O ca M 1. rp L. .-- L. m (d m U rn C) cn t N L11 r . O N N U C rp p L - C 4-) 4- U (0 >1 U >� D +� U 4-J G • - (p (p - L. •(A - to •VI d-) G C U O "O >� > O O cc m a m U rn Lr1 c�1 r N L1 O N O U C ru C +-j C +1 U 4-J +J •— L — Uf •tn. •N U) 13 C C lU N G O O— O Lra L. L. fu M rn M U tr co to Lr1 0-% r Lf\ N Lr ; O N t31 i cn L C � +1 ra p'--RcapAsarivA" �-�sr SOIL TESTING SERVICES ellR 'o' 4'v S. roE.9R� .oe&4 le OF MINNESOTA, INC. C Hr9�f,+Assr�I!//y.✓ 2405 ANNAPOLIS LANE MINNEAPOLIS, MINN. 55441 9 9/s v A� 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED SUBDIVISION AND CONDITIONAL USE PERMIT FOR DEAN DEGLER, CHANHASSEN, MIN- NESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will p mtan Wednesday. the 9th of August, 1978, at 8:15 at he City Hall,, 7610 Laredo Dive, Chanhassen, Minnesota, for the purpose of holding a public hearing to consider a conditional use permit and the subdividing for a second agricultural single family residence, on the following 'described tract of land: The Northwest Quarter of the Southeast Quarter (NW'/4 of SE%) of Section 22, Township 116, Range 23, Containing 40 acres of land, more or less. Also, beginning at a post on South Line of Northwest Quarter of Southeast Quarter (NWv4 of SEV'4) Section 22, Township 116, Range 23, One (1) chains West from the Southeast Corner of said Northwest Quarter of Southeast Quarter; thence South 38% degrees West 2.38 'chains; thence South 73 degrees West 4.35 chains: thence South 36% degrees West 1.90 chains; thence South 17% degrees West 3.70 chains; thence North 82 degrees West i.PO chains to a point in North and South middle iine of Southwest Quarter of Southeas, Quarter; thence North along said middle line 8.00 chains to a post in youth line of Northwest Quarter of Southeast Quar- ter; thence East 10.00 chains to place of beginning, situ Sou usrter iSection 22, ToSouth ofwnsh p116, Range 23, containing 3.60 acres. Also commencing at a post on center line of Section 22, Township 116, Range 23, which post bears South 4.28 chains from center post of said Sec. 22; thence South 15.32 chains to Quarter Quarter post; thence North 44% degrees West 27.90 chains; thence East 15.32 chains; thence South 4.28 csituatedthence in Lot Z, Sec.i.28 chains to 22, Township place of beginning, 116, Range 23 and containing 17.37 acres, more or less. Also, beginning at the Quarter Section post on South line of Section 22, Township 116, Range 23, running thence North along center line of said Section, 20.00 chains to middle line of Southeast Quarter of said Section thence East along -said middle line 10.00 chains; thence South parallel with first mentioned line 15.75 chains to a point in the center of a creek; thence Southerly along center of said creek to South line of said Section; thence West 7.00 chains to place of beginning, containing 19 acres of land, more or less, situated in West Half of Southwest Quarter of Southeast Quarter of Section 22, Township 116, Range 23. A plan showing said proposed subdivision and con- ditional rinspection Hall. All persons interestedmay appearand be heard at said time and place. Dated: July 19, 1978 6Y ORDER OF THE PLANNING COMMISSION b B Assistant City'Planner (Publish in the Carver County Herald on July 26,1978) Affidavit of Publication Sate of Minnesota ) ) SS. County of Carver } Judy Blanchard - Editor ,being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and In column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska In the County of Carver and it has its Motown office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 190 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed U S e P e rmi t hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks; that it was first so published on Wed. the 26th c� day of July 19! oand was thereafter printed and published on every to and including the day of 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghi jklmnopgrstuvwayz Subscribed and sworn to before me this day of lY (Notarial Seal) LORRAINE LANO s+ f Ira NOTARY PUBLIC — MINNESOTA Er CARVER COUNTY \l-@ r fr, Cc^1mission Expires June 29, 1982 Notary public, 4-'a-' ` IA— County, Minne�pta My Commission Expires c 18 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 7, 1978 TO: Planning Commission, Staff and Dean Degler - Rt. 5 Bx. 187 Excelsior, Mn. 55331 FROM: Assistant City Planner, Bob Waibel SUBJ: Variance and Subdivision Request, Public Hearing APPLICANT: Dean Degler PLANNING CASE: P-575 pp+- 1 'i- i rin The petition before the Planning Commission at this time is to hold a public hearing to consider a proposed subdivision and conditional use for Mr. Dean Degler. Background 1. Community Location: As shown in enclosure 1, the subject property is located in the northern quadrant of the intersection of County Road 117 and County Road 17 (Lyman Blvd.). 2. Existing Zoning: Presently the subject property is zoned R-lA Agricultural Residence District. 3. Utilities: Sanitary sewer and water are presently unavailable to the subject property and it is anticipated it will be some time in the future before said utilities are available to the subject property. Planner's Comments 1. There are essentially two options by which the applicant can possibly construct a house on the parcel proposed to be subdivided. The first of these options is that no subdivision occur and that the residence to be constructed come under the conditional use provision of the R-lA District as outlined in Ordinance 47. As shown in enclosure 2, the area for the proposed structure is 340' x 150' triangular parcel lying north of County Road 117. The conditional use method as previously mentioned, would predicate that a structure to be built on this property would be required to have a front yard of not less than 50 feet, a side yard on one side having a depth of not less than 100 feet and a side yard on the other side having a depth of not less than 10 feet, and a rear Planning Report -2- August 7, 1978 yard having a depth of not less than 50 feet. Additionally, every lot or tract of land on which a single family dwelling is erected shall contain an area of not less than 2P2 acres. This requirement would, for all practicality, necessitate that the applicant acquire additional properties adjacent to this triangular parcel. The second option would be that the applicant would convey a parcel to his son that is a single parcel of land not less than 5 acres. Such a 5-acre parcel must have a width of not less than 300 feet and its conveyance should not result in the division of a parcel into two or more lots or parcels, any one of which would be less than 5 acres in area or 300 feet in width. Essentially this is what the applicant has proposed to do. However, these are the threshold requirements only for conveyance of the land for homestead purposes. As like the first option, before the homestead could be established, only if in fact there were 5 acres conveyed and that that 5 acre parcel be limited to one single family residential permit on a parcel having a front yard of not less than 50 feet, a side yard on one side of not less than 100 feet and a side yard on the other side of not less than 10 feet, a rear yard of not less than 50 feet, and shall adjoin a public road or village street. 2. The reason for the 211 acre requirement of Zoning Ordinance 47 was to set a minimum design standard for septic systems so that said systems can be kept at a functional density. It is for these reasons that this 2h acre requkenent be upheld for the parcel upon which the house is proposed to be constructed. Enclosure 3 contains a letter from Mr. and Mrs. Degler petitioning to purchase the City's property at i-As intersection for the proposed building site. Upon initial review, it is the opinion of this Planner that the sale of the City property would be of no detriment to the public interest. The Planning Commission should make their comments concerning the potential sale of property known to the applicant and various other committees before council review. 3. Any approval of this request should be conditioned upon the applicant furnishing the City at a later date with accurate information as to the placement of the proposed structure with respect to setback lines. Planner's Recommendation I recommend that the Planning Commission approve either a request to construct a second residence for the Degler Farm as a conditional use or convey the greater than 5-acre parcel part of which is for the purposes of building a single family residence with either of the requests being conditioned at the parcel north of County Rd. 117 comes into the ownership of the owner of the to be constructed residence and that that structure meets all the setback, requirements as outlined within this report. Lake Lucy z,i 00 QW0 oar Lake Ann —7 OF • OF F9 Cj Fe OF OF • 0 111 tj VA Hi 1 OF t:! OF OF • PpC1f IC A • OF OF OF Ad- • OF OF `�� t LYMAN [Ell BOULEV, OF .S�/3,TF�T •..i OF OF PK p3i ------YI --------- OF Lakc. "Itsan OF Of M�Uucam July 2j, 1978 fir. Bob Waibel Chanhassen City Hall Chwnhassen,=innesot 55317 Derr Mr. Waibel; This is ,to inform you that we would li e to negotiate with the City for the purchase of the city property which lies in the corner between the county roads 17 and 117. This property also has two Little corners across the roads or in the roadway .site our property next to it. This property is in section 22, and ti;-e would appresiute hearing from you. Yours truly, Dean and Lois Degler O 4.28C --TOWN OF 3� n -CHANHASSEN BK Q. P 222 71 .. ..� . - '..^��{�•`i�. � � - k -.e .:-:• _-w ~+ ^ .�.c.' _fir s �' 3. � �,.��. DEAF DEGLER X 'M' i''!s h M _ • "1 'X .- ��'g'� S '}t, .y 5?L. } - , ., z Bid JJ-. r - r F . VENTURES_ ; INC ",JONATH 41 ME p 6K.It2 :P63� f y _ _ - t .^ s- � r•-� ��,' �E„ _- _. a 'x• W�..� ,�.,. t:,.FT t �- _ ;- j' _?7 i _ - '�s�. `"� as '�'* a sC�.+eJ�'Ps.zk"`•=`2. �'-�.�K°'.w,j'� 3 � .; _ ? �.r '� � •; f- '2^ � � � �._ '` - u 's w ��"�� -a<� S i ._° A_ -6_ _ _ _. '` _ a , . _ ' _ x#' " t r y-ic-"''��+3`` _o.•"n.:-.... �\`s-uce F`"-- --- ��:� . _ _ sty r :, . - � s. .r 7 ..• �,r' <.r � � h. %,-- l� �„3s- �x "v-' ��+� ...,•, .. t.: -_-•s... r:`., .. -tt"d, -! x �' nw _ _a_ .9�-zle. - :`r ^+..�•�. in.'s: .'yam; �` -�w _ } _ .tti�x`i:aY _.: -_i- �--� '• '' -1� �'-a `^' ! _.3c�.,--mow 's. �.Ti r..+. - +3"A'i�^"�''Wdx:71•t •�- r L J •^� -` - �- - .r. ...- -++u - ,,,�-..w�+ "he.41 :�... .. .YnS.:-.�: a. Yr-�'�'s-J 'X:t .-,s9c'F.7�'.it[Cr.. ._ors°- :_'�2;a+e`fe:.r: -h`"'�.:�,.lt+`�C Y':���re`i..�.+-R+'�i:+te •:Y �'6.'..;L^}�.,"y�.'�'wl-..'.E,e-"'?�.-� ERRPLANE1IGoRA2 Living Area All Designs `—' Vi U er Level 1166 S Ft. Pp q Future Lower Level 572 Sq. Ft. ` 42 0_-_ - _4KE nB L142 '"BALCONY DSTORAGE 'OR - O BED RM. BED RM - LIVING RM. FVTVRE HOBBY NOOM '' B O� DINING i3' 10-3"+10' 9" 19' 6"A 16.-q" FUTURE-fAMILY'RM. 0': 12' 4" ' 21'-7". I I'- 4" - - ORES OjC. DININGDINEMALL GARAGE "BATH GI i C.GML DESK m N IB'-B". 25' ��„ C. m C. LINN --- - L`-i J L LIVING RM. H -W. T D' BED FUTURE BED RM 6 BED RM. 11'■U' 7" . BED RM.. (� 12'4"xB'3IL OU UPPER LEVEL PLAN 1 LOWER LEVEL PLAN 1 UPPER LEVEL PLAN 2 -4 'ellj . �.i...,ANi��th11�►'�1 COVERED PATIO t "r STORAGE `D_`W. .,, ,•,", _ FUTURE � FAMILY RM. .. �- O — -" GARAGE �D 19' 2".25' vP N• y� — CP. C. FUTURE ENTRY BED R M C'^'ID'-ID"3 B'-3" l v �y�{',t :''r "" .'i4�l. LOWER LEVEL PLAN 2 Please Specify Design A or B and Plan 1 ' DESIGN g t11 or 2 When Ordering Blueprint Plans -w.S4y-.• . �~ SEC& 22-. To. TOWN OF _ •� roc •. .Qi� ' 1 F u-CHANHASSEN x BK Q. R _tF :. - - • I - it i`f ^.'�..y.." /► - e. > ''A 'JJ rt � � .:,ham _ _ - � - _ _ ,`�`... . Wig, `.;,.. L ems,: s �,�" -'"`Mx P }--'�._..a :.`.. -xj� _ -r r,� �• r .ate+,*"- �"'� .?6.9�•��•,ti` - -m""F "�5.� a '--i..�`-`Y '� tf"�'�c'�'.', _Y•'y.".Y W..-r..,.. ...,,,,,,.�"` .r _ i�.ai - K`•'K 3 -;�' .. Q�FtFW-Li.l)6 R - �- �� � -�a xr x .ems- - •�. - � - •-s'•-- 6 -�"�- r." ? s. 4 a s ,s - �r. o y- �•J ,.� ,} -+,,,. 1 -�i Cam- 't.•��-+"• i� + _y-R 5�� `a 'r_ y '! S ! - �`.iY•-• r _-` +nr ' .�'L q 4 R G RQ.:.� ' - � .nar.��.i;�r�• tiS -„'' s ..l t.- -.:� - "s•:' ' �.,. _ � ... - ;_7--fit- •Z.''+- 7`,Y _ i- 5a #"^''�� _ sr •f � z .'-'-`6,�` �' : mot- _t-,.,.- � .. _ �, -�• � <. '° �i,. +dc•'� ,,,��:. ' s �-.: Bern.. '- _- � -. � 4 ''• .- _. � >rs• _�- Wit_ �. � �" � v e •..� �� � � �.�•. �n�' T bi HAN �...r '=� ,,..�=.�y1. a.4•�K.; VENTURES" I IC r _ wr �Y..� Kil. - —'• � BK:t12� 863� �, >.� "` Y .-- -,._.. -. � �. - � ' ',y _ _ f t �. � ... 3 ...r >- - !t ,vNr`-•_'� .� _ r _ - � -..•� •. �• . S-'-.�'� y...fe .A_ w- S.ii. •.,.+."-+•.-�„ •�--•1.•+` r .+., '- -. ems. r .. ""..e'+,.D ?w ` -- : "i•-.-. `*;t-:-1;'. _.ra i' k' - his. t= -';.-'aa,.. �i f'4L""e 'y'a•' �' ' < �•.,.,.. Y '`^ : -.r j ; y,' _✓ » .r.r . � ^' � _ _ -ice- %' - � � -! A ys - Y `4•P'£i�,���1+ � F eY�a � �.; _-" �„'�.y'rw�i+-. •f 2- ,i r, . u �. _ '-..* �.. �s-r-c's �'��-.�Q �r � s�ij••�.a�� _'-e aw}w.�k`,;�-•.a:._�• ... .: - .3' -awe �� n.t{• <+-•'4C' '.�_ -�� -_,� . - ._ s'�iY sT r-� .�. �:.� .✓�-.It ;� - -"•mac.• ,�r 1� 2, 'F;= � � ,y a --a;.• .: _ _ tr..,..•_. Y A ,f ivrt--f-�! � '.�_K.11-+!'f•' - _. _ 2Y. '+_.cZi��1`v3w.�un 'SL +.�. - "� o- - :, .� si . t .. ` 1 1'.�r`-•r • � ���.�'� �..•� ''s``�?" «'fir t�E �, :N-*► t> .L""tuti_,..srsa'�"^".pir .aat w-u_.�..+tvaa.i ��`-,rnk-"'�xym►'' 'pis - _. ._ a,'-•�^+1r'- 3+1''. �.' r:1�`'a '.^ -f-rya .+-:.�•:+_.'-• �:+ � --: ,.]•+.. ti •v`.�- .- _ P.. r '•4ti'.''-. r- -.a.�. - =v �'!= i��7=!?:{�_'.c des. �"_.__-�r-_..�-.. . - � �•..1y _*t^-'�'� .�F*-T"-'ie's'?;-a. _' _;a.�' '^i '='�i+-�L->.. '..%'.°-�i0! : r'�:'!*'!'s•_ ^'e+ tom. �:,+�;•�.,.r:.1�..�•�.�'r�`q�y._'�•'..�. . 3 -17_. CONDITIONAL USE PERMIT CASE NO. CUP City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid Received by Applicant Name: t- Last Address: y� © umber and Street Owner: Last Address : /? / 8 Number and-_ Street Address of property in question: vIt 1 C E/- S' i'o13 JS9 �1�1 City State Firs Date a Zip Co Initial City State Zip.Code Legal description of property in question: Present zoning of property: Present use of property: Proposed use of property:__ The following documents if appropriate shall be attached to this application: Date Received Initial 1. Site development plan 2. Dimension plan 3. Grading plan 4. Landscape plan Date Received Initial 5. Abstracters Certificate 6. Escrow Account I hereby declare that all statements made in this application and the attached documents are true, and that I shall reimburse the City for all expenses incurred in pro sing this application for conditional use. / 1 V� U7 to Received by Title (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY Date By Application on Planning Commission Agenda Planning Commission postponed to Newspaper publication -- Adjacent property owners notified Public Hearing Planning Commission action Application on Council Agenda Council postponed to Council Action Conditional use contract executed -- Escrow returned - amount: $ final Inspection PLANNING COMMISSION RECOMMENDATION On this day of , 19 , this conditional use permit was recommended for (approval), (disapproval) subject to the following conditions: Chairman of Planning Commission 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 Jul,-..,-. 20 _, 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 Proposed subdivision and conditional use permit for Dean Dealer inthe 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 -_ --- — /**4? , -6, , �_ '< Don Ashworth City Manager CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED SUBDIVISION AND CONDITIONAL USE PERMIT FOR DEAN DEGLER CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 9th day of August, 1978, at 8:15 p.m., at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, for the purpose of holding a public hearing to consider a conditional use permit and the subdividing for a second agricultural single family residence, on the following described tract of land: -ftThe 'orthwest Q Tarter of the SoutP:eas': :�u-�.rter (" 14 of ::.. ) of :Section 22, Torrnshi_;; 116, mirn!;e = 3, ContaininE 11-0 acres of land, rare or less. M,r beginninq at a post on South Line of North,•;est Quarter of Southeast Quarter. (N Jr_, of `7 'j Section 2;?, T-o,Tnship 116, ?anrre 23, One (1) ch ins West from the Southeast Corner of ^aid hcrth,•,re!-!t Z)zrtrter of South— east !.carter; thence South 3>': derees '•;est ��.3 ch;.inr..; thence :South 73 degrei:s '1-4'est 4.35 c?Ir;ins; thence South T6 ,- dez� ees :` e , 1 � h �� � r �t ,p0 chain ; thence South 17', 0egreeG ?lect -70 chains; thence 'forth �? :--F7F?E:s 'Test 1.r0 hhn.ing to a point. in north and :loath ni?L?ftle line of Southc•rect '.izarter of 'Southeast .4luarter; thence .�dorth aeon; sn.irj .n Idle 11.ne t.00 cbnins to a ::ost in South line of Nbrth,,rest k',liarter. of `Southeast quarter; thence E.a_st 10.00 chains to place of beginnirg, situated in ' :a;;t Half of. : outh,rest �: ii�: ,rter of So�zthe;gst Qtzr.•ter, .'section :??, To rn^hid 116, 'range %3, ront,inin�; 3.60 Rc:re"- Al.so commencing; at a. ,,ost on center line of. Section 2?, To•1­nshi_,? 1?6,. Range 23, which : ost bears South 4.?9 chains from center ;post of said Sec. 22; thende South 15.32 chn ins to ";,u^ r-ter r, tunrter post; thence North 44�; degrees ?'ig5t 27. °0 chain, thence Enst 15. 3 cbn.inn; thence South 4.29 chains; thence East 4.29'chnins to dace of beginning, situated in Lot 2, Sec. 22 T��,rn5ttip 116, �an�;e 23 ant containin , ? 7. ?7 sicrc3s, =.,ore or 7_e �r . Also, be ;innin r rat the ua,r :er >ection pool can "'buth line of Section 22, Township 11", :pan ;e ?3, running thence r;�rth along cent line of said. Section, 20.00 ch:71ns to riddle 11ne of Southe,-).st �tzzrter of r;ai d Secticr thence East along" 6a.id middle line •10.00 chin thence South pa.ra' lel :,rich first mentioned line 15.75 chains to n point in the center of a erect; thence 'Southerly Along center of sairi creek to South line of ,��.1�3. :Section; thence best 7.00 chains to ;lace of beginning containing., 10 ric�­e:� of t_an'l, mane or - containing less, situAted in °J_est Half of South,rrest Qunrter of :Southeast Quarter of Section �1,2, Township 116, ,:rn�;e 23, A plan showing said proposed subdivision and conditional use is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. Dated: July 19, 1978 BY ORDER OF THE PLANNING COMMISSION Bob Waibel Assistant City Planner (Publish in the Carver County Herald on July 26, 1978). Mr. Dean Degler Rt. 5, Box 187 Excelsior, MN 55 331 �. t Mr. Milo Wehking 9231 Audubon Rd. Excelsior, In? 55331 ! Jonathan Ventures Inc. Jonathan Village Center Chaska, MN 55318 Jonathan Development Corp Jonathan Village Center Chaska, MN 55318