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10. Lot Area Variance Request, Corner of Lone Eagle Dr & Nez Perce I . , ,0 _ CITY OF ./.,:---,, 4 , . \ 1 -Tki CHANHASSEN \,L, , 690 COULTER DRIVE •• P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ti. ?lc:ion 6v C■c- MEMORANDUM d V :- TO: Board of Adjustments and Appeals 4, FROM: Jo Ann Olsen, Asst. City Planner ' ' �Y� . DATE: August 2 , 1988 ,cSr=�/ :� SUBJ: Update on the Lotus Realty Lot Area Variance Request Located on the Northeast Corner of Lone Eagle and Nez Perce - Lots 2275-2279 On July 25 , 1988 the Board of Adjustments and Appeals tabled action on the proposed lot area variance for the subject site until it could be confirmed that it was a legally separate lot of record. Staff has confirmed that Lots 2275-2279 and Lots 2299-2236 , Carver Beach, were all under the single ownership of Mr. James Wegler with a total square footage of 25, 273 square feet until June 13 , 1986 ( see Attachment #1) . On June 13 , 1986 , Lots 2275-2279 ( subject property) were split off from Lots 2299-2236 , and recorded at Carver County as a separate lot of record (see Attachment #2 ) . The lot split did not receive City approval and is, therefore, an illegal lot split and a self created hardship. The subject lot has since been sold to a separate property owner (Kakach) . The illegal subdivision resulted in a nonconforming lot ( subject property) which is now requesting a lot area variance for a 9 ,273 square foot lot. Since the lot is a result of a self created hardship, the City has the power to deny the lot area variance. The Board of Adjustments and Appeals shall not recommend and the Council shall not grant, a variance unless they find the following facts : I A. That the literal enforcement of the Ordinance would cause undue hardship and practical difficulty. * If the lot area variance is denied, a home would not be permitted at Lots 2275-2279 (subject property) . There is an existing home on Lots 2299-2236 and, therefore, the original property owner still has use of 1j the whole site. �! CERTIFICATE OF SURVEY FOR: Go TUS REA G T}-- S E,eY/C ES II I , NI, / • a I 4' '1 o,`, — --- � 0 3/.7 / �� -x t 9,7/ • \ a. / ,,; K / I ...cry .___.______ _ r CL. , ., o �b3 _ • 'I �d 5 _ /5.' // ic‘.) �. ,05) 1 14- ,r — -4- o / / / / o o I S ,1:11. --6;:z. '4'1 419.z:64-/es./ /:-r- - t /I I . Ni lie•Az.. 663., '..— ---- 11:1"- e'- "6.-- ------- 1` v b it I 3 N I - 'IN°I 7�1 �'7 wn M I �Vv/ 0 904.1 Al 9.39 Cr , .„.." , I f:, } 073.3 — /// "' — n3 o i r � [ 4 P �r�l•L X99.2- �� 6”VJIfe, �/ In•Sery M/� d„siwer� • /1 -;= ;As.a L o n/a EA G G e roe' 0 / 1 (---, , .I ?J & A L DSc'4/PT/c AJ 4 o S 2Z7S, 2274., 2277, ZZ78 / ZZ7,, c,4 ,I ./G„e ,BEAcAl ` Area ; 92 73 S • o Denotes iron monument 9 f/ Proposed lowest floor elev. _ o Denotes offset stake Proposed top of foundation elev.= x 000.o Denotes existing elev. BENCH MARK: • ,o of My (000.o) Denotes Proposed elev. Denotes surface drainage ¢ '�eZ •417•.-.c Or ire —•• Proposed garage floor elev... 90(,oo 6 Gone. 6(19/e. Ago oq! EY.= ,ed. 9o, (/nverle 'RAs.) I hereby certify that this is a true and correct representation of a survey of File No. the boundaries of the above described land and of the location of all buildings, DEMARS -GABRIEL if any, thereon, and all visible encroachments, if any from or on said land LAND SURVEYORS, INC. As surveyed by me is /.ay of - / ! 19 98 Book — Page 3030 Harbor Lana No. , 9 76 I Plymouth MN 55441 ` . / Phone:(812)559-0408 Scale Minn. Reg. No. (16' 4 /„,30 , v i.i. • , ,..,......-.... . ..,.:.. _ t .GarN+ .e34".4-ta .' p'>:.f LOTUS REALTY SERVICES 545 WEST 78th STREET, P.O. BOX 100 CHANHASSEN, MINNESOTA 55317 (612) 934-4538 July 7, 1988 Ms. Barb Dacy City Planner ' City of Chanhassen Chanhassen, MN 55317 RE: Lot Size Variance Carver Beach ' Dear Ms. Dacy: Lotus Realty Services, Inc. as an agent for the owner, Jeff Kakach, is requesting a variance in a single family lot size. Mr. Kakach owns lots 2275, 2276, 2277, 2278 and 2279 which are part of the Carver Beach recorded plot. These lots, when combined, contain ' approximately 9723 square feet. The reason for this request is that the current single family ordinance requires lot sizes to be 15,000 square feet or a minimum where allowed of 75% of 15,000 square feet which is 11,250 square feet without the need for a variance request. These lots are located in the northeast corner of Nez Perce and ' Lone Eagle Road. Lotus Realty Services feels that this request is warranted based upon their combined comparable size to other sites that single family homes are built on in the Carver Beach area. ' Also, the location of the property does not allow for additional lots to be added. The property is bounded on the north and east by existing single family homes and on the south and west by city streets. ' Mr. Kakach plans on building a single family home that will be marketed to first time home buyers, priced under $100,000.00 ' dollars and be compatible with the neighborhood. No other variances are being sought in connection with this lot size variance request. Mr. Kakach and Lotus thank you for the opportunity to present this request. S'ncerely, elL/ [/ ' Harold Ness Lotus Realty Services, Inc. (Agent) HN:cj *-4 LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive ' Chanhassen, MN 55317 (612) 937-1900 APPLICANT: Lotus Realty Services OWNER: Jeff Kakach , ADDRESS P.O. Box 100 ADDRESS 7000 Eden Prairie Road Chanhassen, MN 55317 Eden Prairie, MN 55344 Zip Code Zip Code TELEPHONE (Daytime ) 934-4538 TELEPHONE 934-3434 ' REQUEST: Zoning District Change Planned Unit Development ' Zoning Appeal Sketch Plan Preliminary Plan Zoning Variance Final Plan Zoning Text Amendment Subdivision , Land Use Plan Amendment ' Platting Metes and Bounds Conditional Use Permit Street/Easement Vacation Site Plan Review Wetlands Permit PROJECT NAME NA PRESENT LAND USE PLAN DESIGNATION Single Family ' REQUESTED LAND USE PLAN DESIGNATION Single Family PRESENT ZONING Single Family REQUESTED ZONING Single Family USES PROPOSED Residential SIZE OF PROPERTY Approximately 9700 Square Feet LOCATION Northeast corner of Lone Eagle Road and Nez Perce Road REASONS FOR THIS REQUEST See attached summary LEGAL DESCRIPTION (Attach legal if necessary ) lots 2275,2276,2277,2278,2279 a s-. - • • -. plo City of Chanhassen I Land Development Application Page 2 pp on FILING INSTRUCTIONS : ' This application must be completed in full and be typewritten clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions . Before ' filing this application , you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application . FILING CERTIFICATION: ' The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances . Signed By 17/4/1/41/U-Q- 1�' Date 7 7 ��3 Applicant _ 1 The undersigned hereby certifies that the applicant has been authorized to make this application for the property herein described . ' Signed B . �a g �' Date 7 / 7 / C!� Fee Owner ' Date Application Received Application Fee Paid • ' City Receipt No. * This Application will be considered by the Planning Commission/ • Board of Adjustments and Appeals at their ' meeting. 1 • II