3j Amendment to the Condition of Approval for Washta Bay Count 91-3 CITYOF
O. CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City Administrator
1 Endorsed_
MEMORANDUM
tected t - 0 U- y 3
D atr
TO: Don Ashworth, City Manager Date Submitted to Commission
FROM: Sharmin Al -Jaff, Planner I Ds Suhrnitted to Council
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DATE: August 19, 1993
SUBJ: Amendment to the Conditions of Approval for Washta Bay Court
Subdivision #91 -3
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On September 9, 1992, the City Council granted a lot area and lot width variance for Lot 1 and
Lot 2, Block 1, Washta Bay Court. The approval was issued subject to the plans dated
September 9, 1992, with the following conditions:
a. The applicant shall supply the City with a development plan indicating the
proposed house pad elevations, including the lowest floor and garage floor
elevations.
1 b. The applicant shall supply the City with a finished grading plan showing existing
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and proposed finished 2 foot contour elevations for review and approval.
c. Each lot should be restricted to one driveway access point, in an effort to limit the
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access points out onto Minnewashta Parkway.
d. The applicant shall obtain and comply with all conditions of the Watershed
' District and Department of Natural Resources permits, if any.
e. No additional variances will be granted in the future.
1 f. Park and trail fees are due at the time of building permit approval.
g. An escrow of $135 is required for recording of the final plat and attorney fees.
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Don Ashworth
I August 19, 1993
Page 2
I As part of the recording procedure, the clause "If within one (1) year of the issuance of this
variance the allowed construction has not been substantially completed, this variance shall
lapse" was included. This condition is valid for variances reviewed by the Board of Adjustments
I and Appeals, such as setback requirements which are linked to pulling a building permit.
Variances approved by the City Council are typically associated with subdivisions and site plans.
When the City Council approves a subdivision, and the subdivision is recorded with the county,
1 it becomes a permanent lot of record. If the subdivision has a variance attached to it, the
variance becomes part of the permanent record and would not expire. The City Ordinance does
not distinguish between the two types of variances that are approved by the City Council vs.
1 those approved by the Board of Adjustments and Appeals. Staff will propose an amendment to
that section in the near future and will bring it before City Council for review. However, the
variance at hand will expire on September 9, 1993, unless the City Council amends the
I conditions of approval by waiving the clause that reads "If within one (1) year of the issuance
of this variance the allowed construction has not been substantially completed, this variance
shall lapse."
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STAFF RECOMMENDATION:
1 Staff recommends approval of waiving the clause "If within one (1) year of the issuance of this
variance the allowed construction has not been substantially completed, this variance shall
1 lapse" attached to variance 91 -3.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
VARIANCE NO. 91 -3
1. Permit. Subject to the terms and conditions set forth herein, the City of
Chanhassen hereby grants the following variance: Lot area and lot width variance.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
Lot 1 and Lot 2, Block 1, Washta Bay Court
3. Conditions. The variance is issued subject to the plans dated September 9, 1992, 1
with the following conditions:
a. The applicant shall supply the City with a development plan indicating the 1
proposed house pad elevations, including the lowest floor and garage floor
elevations.
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b. The applicant shall supply the City with a finished grading plan showing existing
and proposed finished 2 foot contour elevations for review and approval.
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c. Each lot should be restricted to one driveway access point, in an effort to limit the
access points out onto Minnewashta Parkway.
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d. The applicant shall obtain and comply with all conditions of the Watershed
District and Department of Natural Resources permits, if any.
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e. No additional variances will be granted in the future.
f. Park and trail fees are due at the time of building permit approval.
g. An escrow of $135 is required for recording of the final plat and attorney fees. '
4. Lapse. If within one (1) year of the issuance of this variance the allowed
construction has not been substantially completed, this variance shall lapse.
Dated:
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1 CITY OF CHANHASSEN
1 BY:
Donald J. Chmiel, Mayor
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AND:
1 Don Ashworth, City Manager
STATE OF MINNESOTA )
I COUNTY OF CARVER ) (ss
The foregoing instrument was acknowledged before me this _ day of ,
19 , by Donald J. Chmiel, Mayor and Don Ashworth, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
1 authority granted by its City Council.
1 Notary Public
DRAFTED BY:
Campbell, Knutson, Scott
I & Fuchs, P.A.
Suite 317
I 1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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P. 02 FROM 16124740922
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AIMS 0E111
fartal ' • .,. �: f � r : ' +: Manlier ' . (! * XA
First Minnetonka City Bank Building I
14550 Excelsior Boulevard OfEce: (612) 931 -0365
Minnetonka, MN 55345 Fax: (612) 931 -9105
August 18, 1993
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Mr. Paul Krause 1
Planning Director
City of Chanhassen
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690 Coulter Drive
Chanhassen, MN 55317
Re: Variance #91 -3
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Dear Mr. Krause:
As we discussed this morning, Variance #91 -3, dealing with
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the lot area and lot width of Ken Lund's subdivided lot on Lake
Minnewashta, apparently has a lapse provision that should not have
been made part of this variance. 1 am representing Dean Simpson
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with respect to the purchase of one of these lots. Of course, we
are concerned about having this variance lapse before construction
commences. i
You mentioned to me that that you are fairly sure the city
council would revise this variance to eliminate the lapse
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provision, as such a variance typically is permanent once a lot
has been subdivided. I would appreciate your putting this matter
on the agenda of the next available council meeting.
For your information, this particular lot is legally 1
described as Lot 2, Block 1, Washta Bay Court, and its address is
6561 Minnewashta Parkway, Chanhassen. If you have any questions II regarding this matter, please contact me immediately. 1
appreciate your assistance.
with Best Regards,
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-•rg Al Ramler 1
cc: Dean Simpson
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