78-17 Variance Lots 963-967 and 987-998 Carver Beach Plat Scanned Planning FilejOIUTION B�
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1776-1976
CITY OF
CHANBASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 553170(612) 474-8885
MEMORANDUM
DATE: September 17, 1975
FROM: Bruce Pankonin, City Planner
TO: Board of Adjustments and Appeals and Kermit Austad
SUBJ: Kermit Austad Variance Petition
Background:
1. Petitioner: Kermit Austad
2. Address: 980 Carver Beach Road
3. Legal Description: Lots 963 - 967 and 987 - 998, Carver Beach
4. Existing Zoning: R-1 Single Family
Petition: Rear Yard Variance
Public Hearing: September 18, 1975, 7:00 p.m.
Planner's Comments:
As stated in the Ken Morill variance report, the designation of
Glendale Drive as a pedestrian right-of-way is invalid by reason
of ownership pattern not having combination of lots with double
frontage. Therefore, it is reasonable to assume that sometime
in the future, Glendale Drive will be constructed to provide local
access to land locked parcels. Based upon this assumption, I recommend
Mr. Austad's variance request be denied and all required rear
yard setbacks be maintained.
1
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CITY OF CHANHAS SEN
AFFIDAVIT OF MAILING NOTICE OF
PREISMINARY IMPROVEMENT HEARING
STATE OF MINNESOTA }.
COUNTY OF CARVER' )
BARRY R. BROOKS
being first duly sworn, on oath deposes
and says that he is and was on September 4 19 75 the duly qualified
and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on
said data he caused to be mailed a copy of the attached notice of "nearing on a
Kermit Austad Variance Request improvement in
the City to.the owner oLeach parcel within the area proposed to be assessed for said
improvement as set forth in said notice, 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 Caiver County, Minnesota—and.bv. other annrooriate records_ ...._. ..........__:..
• CI;ERK ,
Subscribed and sworn to
before me this 4th day
o* September 19 75j- , KAY KL,NUELH,17z
NOTARY PU13LJC • M�NNESOTA
CARVER Co
to ¢1y Commission Eypires,Jgn 30 d98] "
otary P is
VILLAGE OF CHANIUSSEN
NOTICE; OF HEARING BEFORE THE BOARD OF ADJUSTMENTS AND APPEALS
An appeal. has been filed with the Zoning Administrator for
variance of zoning Ordinance No.. 47. The Board of Adjustments
and Appeals will conduct a hearing of this appeal on
Thursday, September�18, 1975 7:00 p.m. at the
H7lUX site.
APPLICANT: Kermit D. Austad 980 Carver Beach Road
PLANS: Mr. Austad wants to build a garage within 10 feet
of his property line. Ordinance 47, Section 7.05,
Subsection 4 states that there shall be a rear yard
having a depth of not less than 30 feet. Mr.
Austad therefore, needs a 20 foot variance. Any
interested persons may attend this hearing and be
heard.
Carver 3e:.
940 Carves peach Road l' Excelsior, MN 55331
Excelsior, MN 55331,
9 .
Mr. Lund
Mr. Thomas Redwing 960 Carver Beach Road
1000 Carver Beach Road y Excelsior, MN 55331
Excelsior, MN 55331
Mr. Reed Noble
1020 Carver Beach Road
Excelsior, MN 55331
Mr. Frank Kurvers
7220 Chanhassen Road ;
Excelsior, MN 55331
Mr. Dean Scheff
Rt. 3 Box 29
Chaska, MN 55318
Mr. Thomas Noonan
6241 Elm Tree Ave.
Excelsior, MN 55331
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1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVESP.O. BOX 1470CHANHASSEN, MINNESOTA 55317*(612) 474-8885
MEMORANDUM
DATE: August 29, 1975
FROM: Bruce Pankonin, City Planner
TO: Mayor and City Council
SUBJ: Kermit Austad Variance Petition
REF: May 5, 1975, Council Agenda
Background
1.) On April 23, 1975, the Board of Adjustment and Appeals
met to consider a request by Mr. Kermit Austad for a 28 foot
rear yard variance. The Board of Adjustment and Adjustment
and Appeals recommended to the City Council the following:
"A motion was made by Tom Gabbert and Second by Willard
Johnson to deny the variance request of 28 feet from the rear •�
yard setbacks for Kermit Austad. Motion carried. The Board
of Adustment and Appeals feels that a 20 foot variance is
reasonable, but not a 28 foot variance."
2.) On May 5, 1975, the City Council considered the Board
of Adjustment and Appeals recommendation and made the following
motion: A motion was made by Councilman Neveau$ and Seconded
by Councilman Hobbs that the Council deny the application for
a 28 foot variance to the rear yard seback. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad,
and Hobbs. No negative votes. Motion carried.
3. Mr. Austad, at this time, request that the City consider
the Board of Adjustment and Appeals recommendation of granting
a 20 foot rear yard variance:
Planner's Recommendation
1.) Based upon the Carver Beach Plan, the proposed variance
will cause no particular difficulties or peculiar hardships.
2.) Approve 20 variance as recommened by the Board of Adjustment
and Appeals
,jO-UTION ,,.
Z_
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1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 553170(612) 474-8885
DATE: April 30, 1975
FROM: City Planner
TO: Mayor, City Council, and Kermit Austad
SUBJ: Variance Petition
Background:
Attached hereto please find Application for Rear Yard
Variance initiated by Kermit Austad, 980 Carver Beach Road;
sketch plan of requested Variance, and Board of Adjustments
and Appeals minutes.
On April 23, 1975, the Board of Adjustments and Appeals duly
held a public hearing on the site to consider a 28 foot Rear
Yard Variance for Mr. Kermit Austad. In addition all adjacent
property owner, within 350 feet, were duly notified by the City.
Planners Comments:
1. The Board of Adjustments and Appeals shall- not recommend,
and the Council shall not grant, a variance unless they
find the following facts:
a. That there are special circumstances or conditions
affecting the land, building or use referred to in the
application for the variance.
b. That the granting of the variance is necessary for
the preservation and enjoyment of substantial property
rights.
11�, , ' N 1/�)
-.Planners Report - April 30, 1975 - Page 2
c. That the granting of the application will not be
materially detrimental to the public welfare or
injurious to property in the area adjacent to the
property for which the variance is sought.
d. That the grant of the variance will be in keeping
with the spirit and intent of the zoning ordinance.
2. Apparently City Board of Adjustment and Appeals could not
justify recommending approval of said variance request
after viewing the property under consideration.
Planners Recommendations:
Deny said variance request persuant to the Board of Adjustments
and Appeals recommendation.
w
Board of Adjustments and Appeals
April 23, 1975
7:15 p.m.
KERMIT AUSTAD VARIANCE REQUEST.
PERSONS PRESENT: Willard Johnson, Frank Kurvers, Tom Gabbert
A motion was made by Tom Gabbert and seconded by Willard Johnson
to deny the variance request of 28 feet for rear yard setbacks
for Kermit Austad. Motion carried.
The Board of Adjustments and Appeals feels that a 20 foot
variance is reasonable, but not a 28 foot variance.
Jerry Schlenk
Secretary
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VILLAGE OF CHANHASSEN
APPLICATION F5-f VKKTANCE
Date Filed _-A[V-7-5-
Fee Paid
Se tember 18, 1975
Hearing Set Foro 7: 0 p.m.
Applicant_ xmit Phone424- 190_q
Address_ 980 Carver Beach Rd. Fxc�lsior Mn. 55331
Legal description of property__ZX _,E_...4 t o 7 _
--- -- _911_i_...9-65-Ig 966
987 to 990
Variance requested from Ordinance $ q 7
From which section of the Ordinance do you seek a variance?
Why? Due to drainfield area and hillside
/tignature of r/
Applicant
Application should be supplemented with maps, plans or other
additional data which may aid the /11" 1 11 � ti 21
in the analysis of the proposed project. `%r �/