79-01 McGinn Lot Split pt 1-YA-I
CITY OF
CHANHASSEN
0
7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: June 18, 1979
TO: City Manager, Don Ashworth
FROM: Assistant Manager/Planner, Bob Waibel
SUBJ: Subdivision/Lot Split Request, Lot 4, Block 1, Harvir Hill
Addition
APPLICANT: Frank McGinn
PLANNING CASE: P-620
Petition
Mr. McGinn is proposing to subdivide,via lot split an approximate
13,500 square foot parcel on the western side of the subject property
to wit a 1,500 square foot variance to the 15,000 square foot lot
area requirements is requested.
Comments
The subject property is located at 1800 Koehnen Circle. The subject
property has been assessed one sewer and water lateral and trunk unit
as per the north service area project.
Staff has recommended the applicant attempt to acquire land to the
west .of the existing property in order to have 15,000 square feet of
property for the new lot. It is not certain at this time, whether or
not any acquisition of this type would encroach upon the existing
driveway of the residence to the west of the subject property. If such
would be the case, any encroachment would be minimal, and shifting
of this driveway could be achieved at little or no cost.
The Planning Commission duly held a
request on May 23, 1979, and moved
grant a variance to the minimum lot
lot split as requested.
Recommendation
public hearing on the subject
to recommend that the City Council
size and grant the subdivision/
I recommend that the city council require the applicant to furnish an
affidavit as to. the ability or inability to acquire the necessary property
to the west to_make the new parcel 15,000 square feet. Should the
additional 1500 square feet be unobtainable, I would recommend that the
Mr. Don Ashworth -2-
June 18, 1979
lot split be able to be recorded by means of a survey and metes and
bounds description. Should the additional property be obtained, I
would recommend that the lot split/subdivision be in the form of a
replat due to the cul-de-sac and creation of a new westerly property
line.
Action by City Administrator
Endorsed
Modified
Rejected
Date ----
Date Submitted to COmmissioR
Datu -'.pitted to CDUncR
5
REGULAR PLANNING CLeIMISSION MEETING May 23, 1979 ^,
Roman Roos called the meeting to order at 7:30 p.m. with the following members
present: Pat Swenson, falter Thompson, Jerry Neher, Clark Horn and Gordon
Freeburg. Mal MacAlpine was absent.
MINUTES: Gordon Freeburg moved to approve the April 18, 1979 minutes of the
Planning Commission. Motion seconded by Walter Thompson and unanimously approved.
Jerry Neher moved to approve the April 25, 1979, Planning Commission minutes.
Motion seconded by Walter Thompson and unanimously approved.
Walter Thompson moved to approve the May 2, 1979, Planning Commission minutes.
Motion seconded by Jerry Neher and unanimously approved.
Walter Thompson moved to note the April 16, 1979, Council minutes. Motion
seconded by Gordon Freeburg and unanimously approved.
Gordon Freeburg moved to rote the May 7, 1979, Council minutes. Motion -seconded
by Pat Swenson and unanimously approved.
SUBDIVISION REQUEST, FRANK McGINN
PUBLIC HEARING - 1800 Koehnen Circle
Roman Roos called the hearing to order at 7:45 p.m. Mr. Frank McGinn was the only
person present for the public hearing.
The Official Notice as published in the Carver County Herald on May 9, 1979, was
read by the Assistant Manager/Planner.
Pair. McGinn is requesting to subdivide an approximate 13,500 square foot parcel
into one residential building site. The Assistant Manager/Planner recommended
that the planning commission require the applicant to acquire property from the
adjoining property to the west sufficiently enough to make the new parcel 15,000
square feet in size, and that this acquisition be recorded in a replat establishing
a newly created parcel.
Roman Roos - For the record, Mr. McGinn, I would like to go back to April 2, because
initially you made a presentation at that point in time it was 15,290
square feet?
Mr. McGinn - That was approximately - I had not gone into any expense as far as a
surveyor or anything else.
Roman Roos - Bob, what are you asking for, just a subdivision?
Bob Aaibel - It would be a variance to the 15,000 sq. ft. requirement.
Craig Mertz - The ordinance says "minimum lot area and dimension shall be as
specified in the respective zoning district of the village zoning
ordinance". This is R-1 property.Bob? So it is 15,000 feet.
Bob Iaibel - Right. It also implies a conditional hook up to city sewer and water,
and also an assessment. I think there is only one assessment on it..
Mr. McGinn - There is one now to my knowledge.
Walter Thompson moved to close the public hearing. Motion seconded by Clark Horn,
and unanimously approved.
OR
REGULAR PLANNING COITiISSION MEETING May 23, 197g Page 2
A discussion of the previous public hearing then took place.
Pat Swenson - I have no objections.
1-'alter Thompson - I don't know that I have any great problems with it.
Apparently the area there is large lots. This is obviously a lot
smaller than the other lots would be, but if he needs 15,000 and he
is approaching that, I don't believe I_have any resistance to this.
Jerry Neher - My feeling is that I can see nothing wrong with this.
Clark Horn - I have the same feeling as Jerry. I really feel we should enforce
the 15,000 sq. ft. limit. Looking at what has been done in the past,
I guess I can't see why we would draw the line on this property.
Gordon Freeburg - I have the same view.
Roman Roos - I have mixed emotions - we have core across this issue how many times,
15,000 sq. ft. We get into an area like Carver Beach we tend to be a
little more lenient because of existing lots in that area. Is every
lot on this side right now 15,000?
Mr. McGinn - Not in the area - on the block. The lots down across the street are
not 15,000.
Et
Roman Roos - The lots that we have given variances to have been one of the three
different conditions. I guess I would first like to see if you could
possibly acquire that piece of land, I would like to see you go that
route.
Gordon Freeburg - One other point too, if there was any opposition in the area,
there would have been someone in attendance tonight, and apparently
there is no opposition from any of the neighbors.
Pat Swenson moved to approve the subdivision granting a variance to the minimum
block size requirement of Section 806 of ordinance 33, to Mr. Frank McGinn. Motion
seconded by Jerry Neher. The following voted in favor: Pat Swenson, lWalter Thompson,
Jerry Neher and Gordon Freeburg. Clark Horn and Roman Roos voted no. Motion
carried..
Jerry Neher moved that the applicant get a formal plat. Motion seconded by
Pat Swenson, and unanimously approved.
SUBDIVISION REQUEST, ROBERT HENDRICKSON
PUBLIC HEARING - 1370 Pioneer Trail
Roman Roos called the hearing to order at 8:15 p.m. No one was in attendance for
the public hearing.
Mr. Hendrickson is proposing to subdivide an approximate 5 acre parcel in order
to create one single family residential building site. The Assistant Manager/
Planner recommended the planning commission recommend tht city council approve
the subject request with the following conditions:
1. That the applicant dedicate the ravine area for public open space;
2. That the applicant place the access on the eastern boundary of the property;
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CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: May 21, 1979
TO: Planning Commission and Staff
FROM: Assistant Manager/Planner, Bob Waibel
SUBJ: McGinn Subdivision Request
PLANNING CASE: P-620
APPLICANT: Frank McGinn
Petition
Mr. McGinn is requesting to subdivide an approximate 13,500 square
foot parcel into one residential building site.
Comments
The sketch plan report indicated the subject parcel :to be 15,290
square feet and has since then been determined to be the above stated
13,500 square feet. The only planning issues at hand are whether or
not a variance should be given to subdivide a parcel for a single
family residential building site that is less than 15,000 square
feet, and whether or not this request constitutes the necessity
for a replat versus the lot split.
Recommendation
For the purpose of consistency, I recommend that the planning
commission require the applicant to acquire property from the adjoining
property. to the west sufficient enough to make the new parcel
15,000 square feet in size and that this acqusition be recorded in
a replat establishing the ihbwly created parcel.
r
Planning Cowmissic Meeting April 4, 1979 -3-
from Chapparal would be reduced from about Ili cfs prior to development
to 54 cfs after development. The Engineer is engaged in a study
to determine whether this reduction in flow is enough to eliminate
the existing erosion problem in the creek. Additional controls
within the Chapparal development are not recommended. The storm
sewer system has adequate capacity except that a second catch basin
should be added in the most southeasterly cul-de-sac. The watermain
in Kerber Blvd. should be 18 inch instead of 16 inch. The slopes on
the pond should be 3:1 or possibly 4:1 for maintenance and safety
reasons.
Pat Swenson moved to recommend the Council grant final approval of
the plat as proposed with the shifting of the boundary of the second
addition to encompass the southern boundary of the road (Exhibit A,
Road A)and subject to the conditions of staff. Motion seconded by
Mal MacAlpine and unanimously approved.
DEVELOPIUNT CONTRACT AMENDMENT - HANSEN AND KLINGELHUTZ, BURDICK PARK:
Tom Klingelhutz and Doug Hansen were present requesting amendments -to
items 4 and 5 in their development contract.
Mal MacAlpine moved to recommend the council amend the development
contract, item #4 be amended to read licensed vehicle parking, item #5
increase the weight restriction from.7,000 to 9,000 lbs. for overnight
parking on the east and south, that outside storage be confined to the
west side of the building with no storage of vehicles larger than 8 x 20
feet. Motion seconded by Jerry Neher and unanimously approved.
MC GINN LOT SPLIT; LOT 4, BLOCK 1, HARVIR HILL: Mr. McGinn is seeking
approval to subdivide Lot 4, Block 1, Harvir Hill into two lots.
Pat Swenson moved to hold a public hearing on April 25, 1979, to
consider the lot.split conditioned upon receipt of an abstractor's
certificate by April 9. Motion seconded by Mal MacAlpine and
unanimously approved.
THE BALTIC COMPANY - SITE PLAN: The Baltic Company is requesting
rezoning of Lots 1 and 2, Minnewashta Park from R-1 to C-1. The
property currently is the site of__Cermak Sales and Service. Reynold
Roberts, representing the owners, gave a presentation. They are
proposing to remodel the existing building into an office building.
The remaining structures and equipment would be removed from the
property. Eleven parking spaces would be provided on the east side
of the building. The Baltic Company would be the owner/user of
the building. The Assistant City Attorney asked for vertification
of ownership of the property.
Mal MacAlpine moved to hold a public hearing on April 25, 1979, to
consider rezoning from R-1 to C-1 subject to proof of ownership.
Motion seconded by Jerry Neher and unanimously approved.
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: April 2, 1979
TO: Planning Commission and Staff
FROM: Assistant City Manager/Planner
SUBJ: McGinn Lot Split
APPLICANT: Mike McGinn
PLANNING CASE: P-620
Petition
Mr. McGinn is proposing to subdivide Lot 4 of Block 1 of the Harvir
Hill Addition into two residential lots, the newly created of which
is to be approximately 15,290 square feet in size.
Background
1. Community Location: As shown in enclosure 1, the subject
property is located at the west end of the cul-de-sac known as
Koehnen Circle.
2. Existing Zoning: The subject property and its environs are
presently zoned R-1 Single Family Residential District.
3. Utilities: Sanitary sewer and municipal water are presently
available to the subject property.
Comments
From the appearance of the plan submitted, this request complies with
all the ordinance standards, and additionally the soil and landscape
analysis and the USGS topography information indicate that this
property has good soils and slopes.
Due to the relative lack of issues regarding this request, I recommend
that the Planning Commission order a public hearing for the request
for April 25th, 1979.
-50-
SUBDIVISION PLAN
CASE NO. SUB.
I J City of Chanhassen
Carver and Hennepin Counties, Minnesota
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application
Escrow Paid
Received by
Date
Applicant ,`„ x
Name: `� Ic & IN N _
Last First Initial
Address: k
_ _
Number and Street City State Zip Code
Owner: Sd Yr) e
Last First Initial
Address: ,�
Number and Street City State Zip Code
Address of property in question:
Legal description of property in question:
__() �_o- ; 1 o ck
Hartii►- Hill
Present zoning of property: k� k S 1 17 E N T 1 A l
Present use of property:
Proposed use of property: rkun,/1 5 IT �
The following documents if appropriate shall be attached to this
application:
Date Received Initial.
1. Sketch Plan
2. Preliminary Plat
3. Escrow Account
-51-
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.
Signature of Ap_ licant
Signature of Owner
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 Publication
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
Planning Commission Action
Final Plat on Council Agenda
Council Postponed to
Council Action
Final Contract Executed
Escrow Returned - Amount:
-52-
PLANNING COMMISSION RECOMMENDATION (Preliminary Plat)
On this day of 19 , this preliminary plat
was recommended for (approval) , (disapproval) subject to the
following conditions:
Chairman of Planning Commission
Action by City - Preliminary Plat
On this day of 19 , the Chanhassen City
Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved)
this Preliminary Plat subject to the following conditions:
By order of the Chanhassen
City Council.
Attest:
City Administrator
' i t
1
--53-
PLANNING COMMISSION RECOMMENDATION - Final Plat
On this day of 19 , this Final
Plat was recommended =or (approval), (disapproval) subject to the
following conditions:
Chairman of Planning Commission
Action by City - Final Plat
On this day of 19 the Chanhassen City
Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved)
this Final Plat subject to the following conditions:
By order of the Chanhassen
City Council
Mayor
Attest:
City Administrator
T
A
USE THIS COPY FOR TAX REMITTANCE
STATEMENT FOR REAL ESTATE TAXES — PAYABLE 1977
Treasurer's Office, Carver County, Minn.
Chaska, Minnesota 55318
Sec. Twp. Sch. Dist.
or or Rng. ACRES
Lot, Block 0
TO
9,94DO Fran-cIs �Jr. .14"cl-Tinn 276
Rt. 5Rox-264V
Exae-lsior,.Minn. 55331
Harvir Hill
E OF ADDRESS HERE:
di
STATE TAX CREDIT FILING INFORMATION..:':!
(SEE INSTRUCTIONS ON BACK) - -
SECTION A INCOME ADJUSTED HOMESTEAD CREDIT
If you qualify for this credit use the amounts below to complete Form M-IHC.
1. Qualifying Tax Amoun! .............. I.T- 7 P-
Limited to dwelling and one acre adjoining land
(120 acres it Farm).
2. State Paid Homestead Credit ...............
3 el 1 '6 0
MAKE CHECKS PAYABLE TO:
DONALD F. DAHLKE, COUNTY TREASURER
SPECIAL ASSESS—M—E—N-T—S------1
INCLUDED IN TOTAL TAX
626.-88
01
no
CODE FOR SPECIALS:
C IE-
1- SEWER
2. WATER
3. SEWER AND WATER
4. CURB AND GUTTER
-_W 24
S. STREET IMPROVEMENT
tk2z
6. STORM SEWER
.,-7- MISC.
fl
-z
8_ DITCH
ET
_LIMITED MARKET VAL
UE
ASSESSED VALUE
12 .9 2
)N C — GROSS TAX DISTRIBUTION
6. ..State ........................... $000.00
7. County ......... ............... 387 . 26
8-•Township or City ................. 1 -3 5 . 42
9., School District_.............. _ _ _ _ _ 6 5 3
10. A-. I Other Taxing Districts .......... 65 42
B. 'Fiscal Disparities ...............
11. TOTAL GROSS TAX 1 2 " 1. 7 8
12. REDUCTIONS:
A. State Paid Agricultural Aid Credit
3. No Delinquent Taxes Unless Box is checked B. State Paid Homestead Credit %,
2 5 . 0 G
SECTION 6 SENIOR CITIZENS SPECIAL PROPERTY TAX CREDIT 13. TOTAL TAX 9 6 6. 7 8
If you qualify for this credit use the amounts below 14. Special Assessments ............... 62 da .88
to complete Form M-IHC.
15..!TOTAL AMOUNT PAYABLE r 0 3.66
❑ FIRST HALF INSTALLMENT . ? ? 6 . 3 3
4. Base Year Base Year -Tax ❑ SEC. HALF INSTALLMENT 7 9 -a' 8 3
PENALTY
5. Current Year Tax TOTAL
.................
THIS STATEMENT MUST BE RETURNED WHEN YOU PAY FOR BOTH 1st AND 2nd HALF
A 91,
Pay in Full or Pay 1st Half before June 1st, And 2nd Half before Nov -ember Ist. To Avoid Penalty,
COUNTY TREASURER
SEE REVERSE SIDE A TAX OF $10.00 OR LESS MUST BE PAID IN FULL
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CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR SUBDIVISION REQUEST FOR FRANK
MCGINN, CHANHASSEN, MINNESOTA .
NOTICE IS HEREBY GIVEN That the Planning Commission of the
City of Chanhassen, Minnesota, will meet on Wednesday the 23rd
day of May at 7:45 p.m. at the City Hall, 7610 Laredo Drive, for
the purpose of holding a public hearing to consider the subdivision
of the following described tract of land:
"Lot 4, Block 1, Harvir Hill Addition."
All persons interested may appear and be heard at said time
and place.
A plan showing said subdivision is available for inspection at
City Hall.
BY ORDER OF THE PLANNING COMMISSION
Bob Waibel
Ass't. City Manager/Planner
(Publish in the Carver Co. Herald, May 9, 1979.)
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 May 7 , 19 79 , 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
subdivision request for Frank McCinn
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 , � 9
Notary Public
KAREN J.ELHARDT
ty
NOTARY P!:l3 fC - MINNESOTA
CAFE,. %OUNTY
My ComrriissiC., cxpires Oct. 11, �p�
r
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR SUBDIVISION REQUEST FOR FRANK
MCGINN, CHANHASSEN, MINNESOTA .
NOTICE IS HEREBY GIVEN That the Planning Commission of the
City of Chanhassen, Minnesota, will meet on Wednesday the 23rd
day of May at 7:45 p.m. at the City Hall, 7610 Laredo Drive, for
the purpose of holding a public hearing to consider the subdivision
of the following described tract of land:
"Lot 4, Block 1, Harvir Hill Addition."
All persons interested may appear and be heard at said time
and place.
A plan showing said subdivision is available for inspection at
City Hall.
BY ORDER OF THE PLANNING COMMISSION
Bob Waibel
Ass't. City Manager/Planner
(Publish in the Carver Co. Herald, May 9, 1979.)
197�
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Council Meeting - June 18, 1979
Subdivision, Lot Area Variance Request, Frank McGinn:
Councilman Neveaux moved to table action pending notification from
Mr. McGinn on the outcome of his negotiations with the property owners
to'.the west. Motion seconded by Councilman Matthews. The following
voted in favor: Mayor Hobbs, Councilman Pearson, Neveaux and Matthews.
No negative votes. Motion carried.
Change to:
Councilman moved to approve the request conditioned that
should the applicant reasonably be able to obtain property to the west
to attain the 15,000 square feet required by ordinance, said subdivision
should be put in plat form for filing and recording. Should the
applicant be unable to reasonably acquire land to the west, the
applicant should be permitted to carry out the subdivision via lot
split with no requirement of plat.