1990 04 23BOARD OF ADJUSTMENTS AND APPEALS MINUTES
APRIL 23, 1990
MEMBERS PRESENT: Carol Watson, Willard Johnson and Jay Johnson
STAFF PRESENT: Jo Ann Olsen, Senior Planner and Sharmin A1-Jaff,
Planner I.
VARIANCE TO THE LOT AREA AND LOT DEPTH REOUIREMENTS TO CONSTRUCT A
SINGLE FAMILY RESIDENCE, NORTH OF YUMA DRIVEAND CARVER BEACH ROAD
INTERSECTION ON LOTS 1083-1089, CARVER BEACH, DAN CASTONGUAY
Dan Castonguay stated that city staff had contacted him to advise
him that a new ordinance had been passed in regards to private
driveways and that option would allow him to build his lot that he
had spent approximately $1000 on getting a land survey and some
additional costs to show how sewer and water could be hooked up to
the site.
Jay Johnson stated that it would be hard to support a variance for
a lot area.
Carol Watson agreed with Jay.
Jay Johnson presented different options to the applicant. The
first option was partial vacation of Yuma Drive. The portion that
is adjacent to Lots 1083 and 1089. This vacation will result in
giving the applicant enough area so that he will not need to apply
for a lot area variance. The second option was full vacation of
the portion of Yuma Drive that is unimproved. This vacation will
cause the parcel to be landlocked if the applicant manages, to
purchase that portion of Yuma Drive that allows him access to his
property then that will give him sufficient area but will result in
a road frontage variance. At the present time staff is working on
a private driveway on public right-of-way ordinance amendment. It
would be a wise decision to table this matter for now. He stated
that another option would be to purchase the lots that are located
to the north of the subject property. This again will result in
eliminating the lot area variance. He stated that a fourth option
would be to construct a street to city standards and stated that
this option would not be financially feasible. The city would
construct the street if the applicant would bear the costs°
The applicant decided to have the Board table the application.
Robert Lee stated that the subject property is a natural
drainageway and the Department of Natural Resources has an interest
in the property. He stated that in fact the DNR is interested in
any lot that might be located within 1000 feet of a lake and as the
subject property is a natural spillway it should be reported to the
DNR. He also stated that when sewer lines were installed on Carver
Beach, he and five other neighbors were assessed $3000.
Gary Bass, 760 Carver Beach Road, stated that should the Board
Board of Adjustments Minutes
April 23, 1990
Page 2
grant this variance, they will be setting precedence to build on
smaller lots. He also stated that the reason why he located in
Chanhassen is because he took a lot at the zoning ordinance for the
city and he realized what all of the restrictions were and he knew
that this specific lot would be unable and therefore he located
there, otherwise he would have lived in south Minneapolis.
Jay Johnson asked him if he was the person that came before the
Board two years to apply for a variance to install a garage.
Gary Bass confirmed that yes he did apply for a variance.
Jay Johnson then stated that he (Mr. Bass) is asking the Board not
to grant variances?
Mr. Bass said that he is not telling the Board what to do, he
stated that it would set a precedent.
The applicant decided to table action on the request.
The Board of Adjustments and Appeals will give the applicant 90
days to submit new alternatives for the application of building on
the subject site. He should also weigh his options to decide which
route to go.
Robert Lee, one of the neighbors, requested that the neighbors be
notified if a building permit was issued.
Jo Ann Olsen informed the Board of Adjustments that this is not
common procedure, the city does not inform neighbors when a
building permit is issued, but in this case the city will do so.