2. Vacation Kirkham Rd Right of Way & Drainage Utility Easement CITY T
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Don Ashworth, City Manager
' FROM: Sharmin Al-Jaff, Planner I
' THROUGH: Paul Krauss, Planning Director
DATE: September 4, 1991
SUBJ: Vacation of a Portion of Kirkham Road and a Drainage and
Utility Easement
' BACKGROUND
On February 10, 1976, the City approved a partial vacation of
unimproved Kirkham Road, located to the west of Lot 35, Block 4,
' Red Cedar Point (Attachment #3) .
Lot 35, Block 4, Red Cedar Point is located southeast of the
intersection of South Cedar and unimproved Kirkham Road. It has an
area of 19, 147 square feet and has a frontage of 48 feet on public
right-of-way. Eleven feet of the 48 feet abut an improved public
' right-of-way. Therefore, a lot frontage variance was necessary as
the ordinance requires a frontage of 90 feet. The applicant
applied for a lot frontage variance for the purpose of constructing
a single family residence on the lot. This lot is a lot of record
and Red Cedar Point is an older subdivision which predates the
Zoning Ordinance, we found that a number of properties within 500
feet of the subject property had lot frontages of 30 feet (90 feet
required) . The Board of Adjustments and Appeals approved this
variance with a condition that the applicant provide a turnaround
at the intersection of South Cedar and Kirkham Road (Attachment
#1) . The intent of the turnaround is:
1. To provide easy maneuver for emergency vehicles.
2 . Provide 42 feet of lot frontage on an improved public right-
of-way.
The street alignment requested by the city for the turnaround has
been provided and the remaining portion of Kirkham Road may be
vacated in exchange for a part of the northerly edge of the subject
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PRINTED ON RECYCLED PAPER
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Kirkham Road/Utility Vacation
September 4, 1991
Page 2
lot as shown on Attachment #3. Staff is in support of the
requested vacation. The applicant has paid the required fee for
paving the turnaround and the city has completed the work.
The applicant is also requesting vacation of the westerly 10 feet
' of the easterly 15 feet of an existing drainage and utility
easement on the east lot line. The city has no need for a 15 foot
easement on the east side of the subject lot as there are no
utilities or drainageways located on that side of the lot (5 feet
' required) . The natural drainageway occurs on the west side of the
property and the applicant has dedicated a 20 foot wide drainage
and utility easement centered on the westerly lot line of the
subject property.
For the above mentioned reasons, staff is recommending approval of
the westerly 10 feet of the easterly 15 foot utility and drainage
easement vacation.
The applicant is also proposing to realign the westerly property
line of the lot. This realignment will result in increasing the
area of Lot 35 from 19, 147 square feet to 20,431 square feet.
Because this is a riparian lot, the Zoning Ordinance requires
20, 000 square feet in area. Thus, this request is also bringing
the lot area into compliance with the ordinance. This realignment
will not have any bearing on the area of the lot located to the
west of vacated Kirkham Road as its area exceeds 60, 000 square
' feet. The applicant must submit a survey reflecting the
realignment and showing both lots. This realignment and exchange
of land between the two properties located east and west of vacated
Kirkham Road can be approved administratively and City Council need
not vote on this.
' In conclusion, we are recommending approval of this proposal as it
is an improvement to an old neighborhood. The new turnaround is
necessary for emergency vehicles and the realignment of the
westerly lot line will increase the lot area to meet the required
' 20, 000 square feet as the lot is a riparian lot.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves Vacation Request #91-1 to vacate a
portion of Kirkham Road as described on the survey and vacation of
the westerly 10 feet of the easterly 15 feet of the drainage and
utility easement as shown on the survey dated July 26, 1991, with
the following condition:
1. The applicant shall comply with the conditions of approval of
Variance Request #91-4. "
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Kirkham Road/Utility Vacation r
September 4, 1991
Page 3
ATTACHMENTS 1
1. Staff report and Board of Adjustments minutes dated May 20, II 1991.
2. Memo from Sharmin Al-Jaff and Dave Hempel dated June 27, 1991.
3 . Plan showing vacated portion of Kirkham Road. II 4 . Survey dated July 26, 1991.
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
' MEMORANDUM
TO: Board of Adjustments and Appeals
FROM: Sharmin Al-Jaff, Planner I
Dave Hempel, Sr. Engineering Technician
1 DATE: June 27, 1991
1 SUBJ: Update on a 79 Foot Lot Frontage Variance for the
Construction of a Single Family Residence, Lot 35, Block
4, Red Cedar Point
On May 20, 1991, the Board of Adjustments and Appeals reviewed the
application of Mr. William Haugh for a 79 foot lot frontage to
1 construct a single family residence. The Board tabled action on
this application and requested that staff work with the applicant
and research the following:
1. Design a turnaround which is acceptable to the Public Safety,
Engineering and Planning Departments and provide the required
frontage.
1 The Sr. Engineering Technician has developed a design which is
acceptable to all parties involved. The turnaround is in a "T"
shape and has dimensions of 70 ' x 20 ' as shown on the certificate
of survey (Attachment #3) . The city has already started the
process of preparing the turnaround for paving. The Public Works
staff has removed vegetation and regraded the turnaround in
' preparation for paving. Paving will be taking place shortly. This
turnaround will provide the subject parcel with 42 feet of frontage
on an improved public right-of-way which exceeds the standard found
1 within 500 feet of this lot. This turnaround will require a slight
change of the existing property line. The city is in favor of
vacating the southerly 15 feet of Kirkham Road in return for the
' northwest corner of the subject parcel to provide an adequate
radius for a turnaround.
2 . Commissioner Watson requested that the house pad be shown on
the certificate of survey to ensure that no additional
variances are required.
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Haugh Variance I
June 27, 1991
Page 2 '
The applicant is in the process of designing a home. The buildable
area on the lot is adequate to accommodate a home that is
compatible with adjacent homes in the neighborhood. Furthermore,
the vacation of the southerly 15 feet of Kirkham Road will result
in reducing the front yard setback and enlarging the buildable area
of the lot. '
The applicant is also proposing to readjust the westerly property
line to add additional square footage to the subject parcel to
bring it up to meet the 20, 000 square footage as required by the
ordinance. This is a definite improvement to the existing
situation.
3. The third issue was easements on the lot.
The applicant has submitted a revised certificate of survey showing
the existing easements of record on the property (Attachment #4) .
The survey also reflects the proposed easements requested by the
city which will require vacating the westerly 10 feet of the
easterly 15 foot drainage easement. The vacated drainage easement
will be relocated and centered on the westerly lot line (Attachment
#4) . The revised survey also reflects the typical drainage and
utility easements (10' front and 5' sides) . '
All issues of concern have been addressed satisfactorily. Staff is
recommending approval of this variance with appropriate conditions. 1
RECOMMENDATION
As all the major issues seem to have been resolved, staff is
recommending approval of Variance #91-4 for a 79 foot lot frontage
for the construction of a single family residence with the
following conditions: I
1. Type III erosion control be maintained during the construction
season along Lake Minnewashta. '
2 . The applicant shall provide security in the amount of $2,500
to guarantee installation of the required paving of the
turnaround at the end of South Cedar and Kirkham Road.
3. The applicant shall submit a registered land survey showing
the proposed easements requested by the city which will
require vacating the westerly 10 feet of the easterly 15 foot
drainage easement. The vacated drainage easement will be
relocated and centered on the westerly lot line .
4. Approval of this variance is contingent upon vacating the
existing drainage easement and a portion of Kirkham Road as
shown on Attachment #3. "
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1 Haugh Variance
June 27, 1991
i Page 3
ATTACHMENTS
1 1. Board of Adjustments minutes dated May 20, 1991.
2. Staff report.
II 3 . Turnaround design.
4 . Survey reflecting proposed changes.
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BOARD OF ADJUSTMENTS AND APPEALS
MINUTES OF MAY 20, 1991
MEMBERS PRESENT: Carol Watson, Willard Johnson and Tom Workman.
STAFF PRESENT: Sharmin Al-Jaff, Planner I and Dave Hempel, Senior
Engineering Technician.
The meeting was called to order at 6:30 p.m. ,
A 5. 000 Square Foot Lot Area Variance for the Construction of a
Single Family Residence, 6610 Mohawk Drive, Eric Meester
Sharmin presented the staff report. The public hearing was opened
for discussion. ,
Eric Meester stated that he agreed with staff's recommendation and
he would like to start construction on his home. ,
Watson moved, seconded by Johnson, to close the public hearing.
Watson moved, seconded by Johnson, to approve Variance Request #91-
2 with the condition that the applicant maintain the natural
drainage pattern. All voted in favor and the motion carried.
A 79 Foot Lot Frontage Variance to Construct a Single Family 1
Residence, 3727 South Cedar, William Haugh
Sharmin presented the staff report and made a correction to what
was previously stated in the report in regards to the applicant not
fulfilling the conditions of vacation of Kirkham Road. The
applicant had fulfilled the conditions by installing a layer of
crushed rock. That portion of the road was not maintained over the
past 15 years, therefore, the area has revegetated.
Dave Hempel presented three different options to install a '
turnaround to increase the frontage on the lot. He also showed the
differences between a typical cul-de-sac and a temporary cul-de-
sac.
Ken Smith stated that he is the owner of the lot and Bill Haugh is
the purchaser and applicant. He brought up the issue that a
turnaround is not necessary in that area as snow plows normally
turn in the subject property's private driveway.
Staff stated that this is not acceptable. A turnaround is required '
and the Board fully agreed with staff and requested that a
condition of approval remain by requesting that the applicant
provide an adequate turnaround.
Watson requested that a house pad be shown on the survey and asked
the applicant to work with staff to resolve the frontage issue and
the turnaround construction.
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Board of Adjustments Minutes
May 20, 1991
Page 2
Johnson requested that the drainage easements be shown on the .
survey. The Board of Adjustments tabled action on this 'variance -
' and directed staff to further research to solve the issues at hand
and then bring the item back to the Board.
Johnson moved, seconded by Watson, to adjourn the meeting at 7:10
p.m.
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BUA _ATE: May 2 0 19 91
�, � rY of y ,
CC DATE:
CIIAIHACEI
CASE #: 91-4 Variance
�1� _ • • By: Al-Jaff/v '
4111.11.11.111.1111111m.m."11111111.11.1.11mm.-----------------,
STAFF REPORT
PROPOSAL: A 79 Foot Lot Frontage Variance for the Construction of
a Single Family Residence
z LOCATION: Lot 35, Block 4, Red Cedar Point
Z
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U APPLICANT: William Haugh
5441 James Avenue South
^ Minneapolis, MN 55419
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PRESENT ZONING: RSF, Residential Single Family
IIACREAGE: 19, 147 square feet
DENSITY: 1
ADJACENT ZONING AND
LAND USE: N - RSF; single family
II
S - Lake Minnewashta
E - RSF; single family
QW - RSF; single family
d , WATER AND SEWER: Available to the site. II
a
W PHYSICAL CHARACTER. : The site is a riparian lot on Lake 1
Minnewashta. .
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2000 LAND USE PLAN: Low Density Residential
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Haugh Variance
May 20, 1991
Page 2 '
APPLICABLE REGULATIONS
The Zoning Ordinance requires a residential single family lot to
have a 90 foot frontage on an improved public right-of-way.
BACKGROUND ,
On February 10, 1976, the City approved partial vacation of Kirkham
Road located to the west of the subject property. The conditions
of approval for the vacation were as follows:
1. Granting of a drainage easement across the easterly 15 feet of
Lot 35, Block 4, Red Cedar Point.
2 . Pay all legal and engineering expenses associated with the
vacation. '
3 . Remove debris from the portion of the roadway to be vacated.
4 . Clear all trees, brush and rock from that portion of the
unvacated Kirkham Road lying 45 feet northerly and 45 feet
southerly of the intersection of the centerline of said
Kirkham Road and South Cedar Drive.
5. Raise and level the portion of the unvacated Kirkham Road,
described in #4 above, 12 inches above the grade of the
blacktop of South Cedar Drive with its intersection of said
Kirkham Road. Said elevation and grade change to be achieved
by using typical driveway materials, crushed rock sufficient
to handle city street equipment.
Staff contacted Carver County and found that the drainage easement
has been recorded although it is not reflected on the survey. The
applicant has failed to fulfill condition #5, yet a resolution to
vacate Kirkham Road was filed with Carver County Auditor's Office.
PROPOSAL
The applicant is requesting a 79 foot lot frontage variance.
Currently, the lot has an eleven foot frontage on South Cedar
Drive. It also have a 36 foot frontage on Kirkham Road, although
Kirkham Road is an unimproved public right-of-way. The lot has an
area of 19, 147 square feet which is a sufficient buildable area.
Should the applicant fulfill the original conditions of approval
for the vacation of Kirkham, the lot will have sufficient lot
frontage. ,
The Board of Adjustments and Appeals shall not recommend and the
City Council shall not grant a variance unless the following
criteria are met:
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Haugh Variance
May 20, 1991
' Page 3
a. That the literal enforcement of this Chapter would cause undue
hardship. "Undue hardship" means the property cannot be put
' to reasonable use because of its size, physical surroundings,
shape or topography. Reasonable use includes a use made by a
majority of comparable property within five hundred (500) feet
' of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that in developed
neighborhoods pre-existing standards exist. Variances that
blend with these pre-existing standards without departing from
them meet this criteria.
* Staff surveyed the area within 500 feet of the property
and found a number of lots with a 30 foot frontage but
none of the lots have an 11 foot frontage. Some lots
exceeded the 90 feet required by the ordinance. The
' hardship is created by the applicant not fulfilling the
condition which was required with the vacation of Kirkham
Road by paving the portion of the street that remained
unvacated on Kirkham Road. Should the applicant decide
' to pave that portion, the lot would have a 31 foot street
frontage abutting an improved public right-of-way.
' b. That the conditions upon which a petition for a variance is
based are not applicable, generally, to other property within
the same zoning classification.
* The conditions upon which this petition for a variance is
based are not applicable, generally, to other property
within the same zoning classification. They are unique
to the Red Cedar Point neighborhood.
c. That the purpose of the variation is not based upon a desire
' to increase the value or income potential of the parcel of
land.
* The purpose of this variation is not based upon a desire
1 to increase the value or income potential of the parcel
of land but actually to allow the applicant to locate a
home on the property.
1 d. That the alleged difficulty or hardship is not a self-created
hardship.
' * The difficulty or hardship is not self-created but rather
one that can be remedied. Should the applicant agree to
improve the unvacated portion of Kirkham Road, the lot
' would have additional frontage which is a standard that
can be found in the Red Cedar Point neighborhood. Only
then could staff support recommending approval of this
' variance.
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Haugh Variance
May 20, 1991
Page 4 '
e. That the granting of the variance will not be detrimental to
the public welfare or injurious to other land or improvements
in the neighborhood in which the parcel of land is located.
* Granting of the variance will not be detrimental to the
public welfare or injurious to other land or improvements
in the neighborhood in which the parcel of land is
located.
f. That the proposed variation will not impair an adequate supply
of light and air to adjacent property or substantially
increase the congestion of the public streets, or increases
the danger of fire, or endanger the public safety or
substantially diminish or impair property values within the
neighborhood.
* That the proposed variation will not impair an adequate
supply of light and air to adjacent property or
substantially increase the congestion of the public
streets, or increases the danger of fire, or endanger the
public safety or substantially diminish or impair
property values within the neighborhood.
A variance does exist on this property but the situation can be
remedied. The applicant had an obligation to improve that stretch
of Kirkham Road which abuts the northwest 36 feet of the property.
Staff will support recommending approval of this variance if the
applicant improves that portion of the road abutting the property,
as this improvement will allow the lot to meet the standards of the
Red Cedar Point neighborhood. The amount of $4,000 shall be
submitted to the city to cover the cost of paving the road. Any
money left over after completion of the road improvements will be
returned to the applicant.
RECOMMENDATION
Staff recommends the Board of Adjustments and Appeals adopt the
following motion:
"The Board of Adjustments and Appeals approves Variance Request 1
#91-4 as shown on the site plan dated May 15, 1991, with the
following conditions:
1. Type III erosion control be maintained during the construction
season along Lake Minnewashta.
2. A revised survey shall be submitted reflecting the 15 foot
wide drainage easement located to the east of the property.
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Haugh Variance
May 20, 1991
Page 5
3 . A "T" type cul-de-sac shall be constructed of the city's
typical urban pavement section. A 20 foot wide by 40 foot
' long road extending 20 feet south of the northerly lot line.
Due to the existing substandard street, concrete curb and
gutter will not be required. The applicant shall submit
' $4, 000 to the city to perform the required paving.
4 . The vacation is described wrong on the certificate of survey.
A revised survey and an accurate description of the vacation
shall be submitted. "
ATTACHMENTS
' 1. Copy of conditions of approval of the vacation of Kirkham
Road.
2 . Site plan.
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.ZUSSELL H. LARSON I
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
RUSSELL H.LARSON AREA CODE 512
CRAIG M.MERTZ TELEPHONE 335-9565
February 6 , 1976
Mr. Jerry Schlenk
City Clerk-Administrator
Box 147
Chanhassen , Minnesota 55317
Re: Vacation of Kirkham Road ,
Dear Mr. Schlenk,
Enclosed you will find the original copies of our proposed final resolution for the
Council action on December 15, 1975, in vacating said roadway. We ask that you I
insert the appropriate resolution number and present this document to the Mayor for
his signature. After this has been done , please provide us with a photocopy of the
executed resolution to which has been attached your certification as acting clerk.
For your convenience , I enclose such a certification. page.
By this resolution the City Council is in effect reserving a T-type cul-de-sac at
the junction of Kirkham Road and South Cedar Drive. In his December 2 , 1975
letter to the City Council the petitioner, Mr. Kenneth Smith, agreed to do the
following in exchange for the Kirkham Road vacation: '
1. Grant a drainage easement across the easterly 15 feet of Lot 35 ,
Block 4, Red Cedar Point.
2. Pay all legal and engineering expenses associated with said
vacation.
3. Remove debris from the portion of the roadway to be vacated. '
4. Clear all trees , brush and rock from that portion of unvacated
Kirkham Road lying 45 feet northerly and 45 feet southerly of
the intersection of the center line of said Kirkham Road and '
South Cedar Drive.
5. To raise and level that portion of unvacated Kirkham Road
described in #4 above 12 inches above the grade of the black-
top of South Cedar Drive with its intersection with said
Kirkham Road. Said elevation and grade change to be achieved
by using typical driveway materials (crushed rock) sufficient
to handle City street equipment.
If the five above mentioned commitments formed the basis of the Council's resolution I
of December 15 , 1975 , the City Attorney should be instructed to refrain from filing
the formal resolution with the County Auditor and with the Register of Deeds until
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Mr. Jerry Schlenk
Page 2
February 6, 1976
such time as the City Clerk has verified Mr. Smith's fulfillment of said commitments.
.
Very truly yours ,
RUSSELL H. LARSON
CHANHASSEN CITY ATTORNEY
I
By Craig M. Mertz
' Assistant City Attorney
C M/m
' Enclosures
cc: Mr. Kenneth Smith
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CERTIFICATE OF
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N :..'60 rne° ,,,..2.---- :.EGAL DESCRIPTION
' _ t Lot 35, Block 4, RED CEDAR POINT,
� Carver County, Minnesota. Toget
... o ROAD described as follows:
m \5 Commencing at the intersection of
the center line of said KIRKHAM F
center line, a distance of 45.00
\ degrees to the left, a distance o
\ , 35; thence southerly, along said
t Minnewashta; thence southwesterly
ko /5.00 line of said KIRKHAM ROAD; thence
N 90° W �o the point of beginning.
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66� $ 2993m N t�
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\ fk Property Address:
I3727 South Cede
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I — - EXISTING PAVEMENT
' AREA PROPOSED TO BE PAVED
PROPOSED TURNAROUND
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