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2 Variance Planning Case 05-19 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 Finance Phone 952.227.1140 Fax 952.227.1110 Park & Recreation Phone 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 Senior Center Phone 952.227.1125 Fax 952.227.1110 Web Site www.ci.chanhassen.mn.us c;z MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al-Jaff, Senior Planner I/....,. O<:v July 11,2005 DATE: SUBJ: Variance to allow a substandard driveway to serve as a private street to serve more than one lot located west of Powers Boulevard, north of Bretton Way, and east of Teton Lane, Jerry Story - Planning Case No. 05-19 EXECUTIVE SUMMARY The development was reviewed and recommended for denial by the Planning Commission on June 21, 2005. ACTION REQUIRED City Council approval requires a majority vote of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on June 21, 2005, to review the proposed variance request. The Planning Commission voted 7 to 0 to deny the proposed development. The summary and verbatim minutes are item 1a of this agenda packet. The Planning Commission directed staff to obtain a written legal opinion explaining if the site is landlocked or if it has access. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion denying the variance request as specified on page 5 of the June 21, 2005 staff report (attached). ATTACHMENTS 1. Letter from Robert A. LaFleur, Attorney, dated June 22, 2005. 2. Legal Opinion From Roger Knutson, City Attorney, dated July 6, 2005. 3. Letter from Naomi Carlson dated June 21, 2005. 4. Letter from Kirk and Cami Swanson dated June 21,2005. 5. Planning Commission Staff Report Dated June 21,2005. g:\plan\2005 planning cases\05-19 story variance\executive summary.doc The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails. and beautiful parks A great place 10 live, work. and play Jack L Chestnut Karl L Cambronne Cort C. Holten Dennis B. Johnson Janet Waller Robert A. LaFleur' Stuart C. Bear Brian N. T oder * Timothy P. McCarthy Jeffrey D. Bores Stewart C. Loper Becky L. Erickson Mylene A. Peterson ** Jennifer A. Lammers Carey A. Goetz *** CHESTNUT & CAMBRONNE 3700 CampbeD Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 (612) 339 - 7300 (612) 336 - 2940 (fax) PROFESSIONAL ASSOCL4 TION ATTORNEYS AT LA W Kelly Inn, Suite 820 161 St. Anthony Avenue St. Paul, MN 55103 (651) 291 - 1900 (651) 291 - 0063 (fax) Of Counsel: William F. Brooks, Jr. Robert A. LaFleur Direct: (612) 336-2919 rlafleur@chestnutcambronne.com 204 North Star Bank 4661 Highway 61 White Bear Lake, MN 55110 (651) 653 - 0990 (651) 653 - 4647(fax) +Also licensed as a CPA 'Also admitted in Colorado u .< l1so ::dm:t:CG in Penn5J'lyania ... Also admitted in North DakOGJ and Kansas www.chestnutcambronne.com June 22, 2005 City of Chanhassen Attention: Sharmeen Al-Jaff Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 MCfIYF.D JUN 2 3 2005 CITY OF CHANHASSEN Re: Planning Case No. 05-19 Dear Ms. Al-Jaff: Enclosed is a copy of my written remarks from the June 21 sl Planning Commission Meeting. I would like this to be made part of the file regarding Planning Case No. 05-19. On behalf of the various property owners who allowed me to present their side at the Planning Commission Meeting, I want to thank you for your professional handling of this matter. One issue which I did not address at the meeting should also be addressed now. Mr. Story indicated in his presentation that Robert Rabe no longer lives at 6307 Teton Lane. In fact, the 6307 Teton Lane has been Robert Rabe's legal address for ten years and continues to be his legal address at the present time. He has no intention of abandoning that address. S \WPDOCSIRALIRIRABE\Sharmeen AI JafT Itrdoc lCANNeD June 22, 2005 Page 2 Thanks again for your attention to this matter. Very truly yours, CHESTNUT & CAMBRONNE, P.A. ~(}-~ Robert A. LaFleur RAL/djb Enclosure Cc: Robert Rabe June 21,2005 Re; Request for driveway variance at 6281 - Teton Lane by J. Story. Planning Case No. 05-19. Dear Chanhassen City Planners, Staff, and Council, Thank you for your time. My name is Rob LaFleur. I am an attorney. I have been asked to speak on this matter on behalf of several nearby property owners including; Robert Rabe, who owns the adjoining property to the west, with an address of 6307 Teton Lane; Naomi Carlson, who owns the adjoining properties to the south, with addresses of 6397 and 6411 Bretton Way; Gary and Karen Dohse, who own the adjoining property to the northwest, with an address of 6251 Teton Lane; Kirk and Cami Swanson, who live on Teton Lane directly across from the subject easement, with an address of 6340 Teton Lane; and Greg and Patty Bazany, toward the south, with an address of 6420 Bretton Way. 1 I have had an opportunity to review the staff report on the subject proposal. I have also viewed the property and have had discussions with Mr. Rabe and Ms. Carlson about this project. They, in turn, have had discussions with other neighbors and I would like to share with you some of their insights as they are relevant not only with regard to this specific proposal, but also with regard to the surrounding properties. First of all, I want to be clear that the citizens and neighbors listed above strongly support the staff recommendation for the denial of the requested variance. Not only is the request contrary to city ordinance, it is a bad idea for the neighborhood. Although it is not a part of the existing request, it appears from a number of sources that the ultimate plan Mr. Story has for his property is to subdivide it into four lots and sell them individually. The access he is proposing would be far from adequate for that purpose. What he is asking for is a substantially substandard private street. As the staff has noted, this substandard private street would be serving at least five dwelling units. In fact, Ms. Carlson has indicated (and it would be reasonable to expect) that she may want some access off of this easement as well, which means that it would then be serving six separate dwellings. That is a full fifty percent more than the ordinance contemplates. Even without Ms. Carlson's personal use of the private road, her property and Mr. Rabe's property would have the burden of essentially abutting a driveway that serves five adjoining properties. I would certainly not want to be in that position, especially if one or two of those adjoining properties happen to 2 have teenage drivers and I had young children. The use of a substandard private road under those circumstances could be very dangerous. It is interesting to note that the staff had a list of conditions extending over one page that it recommends in the event you decide to recommend approval of the variance. The burden of enforcing that long list of conditions would be substantial. The staff report also includes an indication that the lack of adequate access has been the primary deterrent to the development of this site. Although it mayor may not be true that the lack of adequate access has been the primary deterrent, it is certainly not the only deterrent. The property is (according to the staff report) served by an individual sewage treatment system. Although that may be adequate for a single unit, it is not likely to be adequate for four units. Even if the access issue is resolved, sewage issues (and possibly the need for other utilities) remain. At one point, there may have been discussion of developing this property in conjunction with a property to the north and west at 6251 Teton Lane currently owned by Gary and Karen Dohse. The Dohse property was previously owned by Mr. Loscheider who had expressed an interest in developing it. However, he has since sold the property to the Dohses. They have made significant improvement since they owned the property and have no plans to develop it in the near future. Mr. Rabe is clear that he has no desire to subdivide or develop his property at any time, and Ms. Carlson has no desire to subdivide her property for multiple dwelling units. It may very well be that the cost of extending sewer lines to these 3 four units will be too great to make it economically feasible to subdivide that property. Public safety is another significant reason that this request should be denied. That is clear from the various conditions that staff has recommended in the event the commission decides to recommend approval of this request. Drainage is another issue which has not been adequately considered. Also, Mr. Rabe's property contains a substantial building, historic trees, and a significant uphill slope directly adjacent to the existing easement, all of which would obstruct widening. Factors like these point to the conclusion that Mr. Story is essentially wearing blinders with regard to development of his property. He sees only a potential profit to be made and, since he will not be living in the area after the subdivision, he is showing little concern for what is left behind in terms of public safety, drainage and inconvenience to his neighbors. He goes so far as to state in his application that the property is landlocked when, in fact, it is not. The existing access is adequate for the existing use of the property and, therefore, stating that the property is landlocked, is incorrect. He also states that the property is excluded from a major street. Although it is not clear what he classifies as a major street, a land owner has no right to access to a major street. It certainly only makes sense that every property should have access to a public right of way. However, that does not mean access to a major street. The standards set forth in city ordinances for private streets are well thought out and make good sense. They need to be designed to withstand the 4 intended usage, provide reasonable drainage, serve as an access for adequate police and fire protection and meet the needs of the neighborhood. This proposal does not meet any of those standards. In Mr. Story's letter of June ih, he attempts to paint the picture that the world is against him and people keep abusing his property. He repeats his statement that the property is landlocked. That simply is not true. I also think it is likely that the abuse of his property is more the result of his absence than from its location. He apparently lives in Maple Grove and his only real interest in Chanhassen is whatever profit he can make off of owning real estate here. He states that he tried to buy three different properties when they were for sale but they were all sold to someone else. That is likely because other people were willing to pay more for those properties than he was. Since his motives are driven purely by a goal of making a profit, his willingness to pay is apparently not sufficient to actually purchase the properties. For all of these reasons, we respectfully request and encourage the commission to deny the requested variance. Thank you for your time and attention. 5 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Marguerite M. McCarron Gina M. Brandt ~ Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317. Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-Iaw.com CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6215 E-mail Address:rknutson@dc-Iaw.com July 6, 2005 Ms. Sharmeen Al-Jaff City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 RE: JERRY STORY VARIANCE ApPLICATION Dear Sharmeen: Mr. Story owns a 1.56 acre parcel that is accessed by a 14 foot wide private easement. You asked me if the property is "landlocked". Although the property does not have frontage on a public street, it does have access to a public street by the 14 foot wide access easement. Although the term can have different meanings depending upon the context, in my opinion the property is not "landlocked" because of the access easement. Regards, RNK.:srn TSON ciation ICANNIO To: Chanhassen Planning Commission Re: Planning Case No. 05-19, a variance request by Jerry Storey for property located at 6281 Teton Lane Dear Commissioners, Although I will be represented by counsel at the public hearing Tuesday, June 21, 2005, I would like to submit my letter requesting denial and ask that it be part of the file. I am the fee owner of the 14' easement in question. Use of this easement as a substandard street accessing Mr. Storey's proposed development would have a detrimental effect, not only on my property, but the surrounding ones as well: 1. It appears that the property owners on the east side of Teton Lane prefer to have their properties remain undeveloped, and their quality of life should be considered, particularly if it means using a 14' easement to access 4 lots. The property owners on the west side of Teton Lane would be subject to much more traffic than they ever anticipated when they moved into Curry Farms. 2. Rob Rabe, adjacent property owner, would have 8 or more cars per day using his own 14' easement, more if teenagers lived there with their families. 3. Regarding my own property, more cars than for 1 home on Mr. Storey's property would destroy any sleep or other means of peace and quiet for occupants in the home at 6397 Bretton Way. The home is very close to the edge of the 14' easement. 4. Allowing the 14' easement to be used as access for a development would hinder future improvement of my property. 5. Mr. Storey bought his property knowing that the access to it was only 14' wide, and current property owners should not have to sacrifice their quality of life for his financial gain. In my opinion, Mr. Storey's land should remain 1 homestead, accessed by the same 14' easement it has used since 1969. Yours very truly, Naomi Carlson Owner: 6397 Bretton Way and 6411 Bretton Way, both across which the easement runs. 952-474-1376 ICANNID Dear Planning Commissioners: We live at 6340 Teton Lane. We have received the notice on the request from Jerry Story to receive a variance in order to allow a street to be placed directly across the street from our home. We understand this request is to allow his land to be subdivided into four lots. We strongly oppose this request. Our home currently has a great deal of traffic in front of it. All traffic to the cul-de-sac on Teton Lane must pass our home to get in and out. A great deal of traffic comes up Bretton Way to cross in front our home to get to Aldrich or Ithilian. Adding a street with four new homes could add 8 cars or more to this mix. Aside from increased traffic flow, a street will not be a pleasant view for us. The area across the street from our home is very natural. Our children watch the deer come out in the evening. It is peaceful. This was a big part of why we chose this home. We don't feel like we live in a standard development. We feel as if we live in a somewhat secluded area, full of nature and beauty. We respectfully ask that this request be denied. Please feel free to call us, if needed. Respectfull y, Kirk & Cami Swanson 6340 Teton Lane Chanhassen, MN 55317 952-380-1503 ICANNED ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ 00. PC DATE: June 21, 2005 [1] CC DATE: July 11, 2005 CITY OF CHANHASSEN REVIEW DEADLINE: July 17,2005 CASE #: 05-19 BY: AI-Jaff, PO, ML, ST STAFF REPORT PROPOSAL: A variance to allow a substandard driveway to serve as a private street to serve more than one lot. LOCATION: 6281 Teton Lane. ~ APPLICANT: Jerry Stoz 12137 88 Place North Maple Grove MN 55369-3005 (763) 493-2920 storybrook@msn.com PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential-Low Density (Net Density 1.2 - 4.0 units per acre) ACREAGE: 1.56 Acres SUMMARY OF REQUEST: The applicant is requesting to utilize an existing 14-foot wide driveway that serves two homes as a private street that will potentially serve five homes. Staff is recommending denial of the request. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. ICNUIU Jerry Story Variance Planning Case No. 05-19 June 21,2005 Page 2 BACKGROUND~ROPOSALS~RY The applicant is requesting a variance to allow a substandard driveway to serve as a private street and a variance from private street standards required by the subdivision ordinance. The ordinance requires a 30-foot wide easement with a 20-foot wide pavement. The existing driveway easement is 14 feet wide. The subject site is zoned RSF, Residential Single Family, and is served by an Individual Septic Treatment System. The site is located west of Powers Boulevard, north of Bretton Way, and east of Teton Lane. The site contains a single family home that gains access via a 14-foot wide access easement. This access easement is also utilized by the property owner to the west of the subject site. The existing driveway easement is utilized by two homes. The applicant, Mr. Jerry Story, has had conversations with staff regarding the development of his property since 1991. Staff appeared before the Planning Commission, under open discussion, to get direction on how to proceed with this application. The Commission advised the applicant to pursue marketing the property as a small estate. The applicant wanted to further pursue development of the site. Rather than require the applicant to submit a full set of plans to subdivide the property, staff advised the applicant to request a variance to allow a private street to serve the future subdivision and a variance to allow a substandard private street. If the City approves the variances, then the applicant can invest in preparing engineered subdivision plans. Ultimately, the applicant wishes to subdivide his property into 4 lots. This means 5 homes will gain access off of the private street which will require another variance since the ordinance allows a maximum of 4 homes to be served via a private street. Since this request did not include a subdivision, staff did not address the number of homes served via the private street. This is a subdivision variance. Therefore, this item will be forwarded to the City Council who will make the final decision. ANALYSIS The subdivision ordinance allows the consideration of variances to allow private streets to serve up to 4 homes if they meet specific criteria for private streets and findings of subdivision variances. Private streets must also be designed to specific standards. Staff will compare the applicant's request against ordinance requirements and prepare an evaluation accordingly. Jerry Story Variance Planning Case No. 05-19 June 21, 2005 Page 3 (r) Private streets serving up to four lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. There are no wetlands on this site and as such the construction of a private street will not save natural resources. The requirements for a private street are not satisfied since a public street will be required for the development of the surrounding property. - -, -,. ~R[NI .....JiI'. 1150 Finding: Staff has evaluated access to this property. There are other properties within the surrounding area that have the potential for further subdivision and will require a public street. The sketch plan shows one alternative that would provide access to the property by using a public street. Access can also be provided, should the property farther north decide to subdivide. The use of a private street to provide access for the development of this parcel does not meet the standardslcriteria for a pri vate street. 1225 ~ 1321 1311 ~ :; ~ GARY A & KARIN J DOJlllI . 6~ON" . ~ -- 6330 - ..'211 TrinlL.. ..21 ..31 As mentioned earlier, the applicant is also requesting a variance from the private street standards (30-foot easement or strip of land, and the 20-foot pavement width requirement as underlined below). Private street standards. If the use of a private street is to be allowed, it shall be subject to the following standards: (1) The common sections of a private street serving two units or more in the A-2, RR, RSF, and R4 districts must be built to a seven-ton design, paved to a width of 20 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based upon guidelines provided by applicable fire codes. Private streets serving R-8, R-12, and R-16, shall be built to a seven-ton design, paved a minimum width of 24 Jerry Story Variance Planning Case No. 05-19 June 21,2005 Page 4 feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Private streets serving business, industrial and office districts shall be built to a nine-ton design, paved a minimum width of 26 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based on guidelines provided by applicable fire codes. Plans for the street shall be submitted to the city engineer. Upon completion of the private street, the applicant shall submit a set of "as-built" plans signed by a registered civil engineer. (2) Private streets must be maintained in good condition and plowed within 24 hours of a snowfall greater than two inches. Covenants concerning maintenance shall be filed against all benefiting properties. Parking on the private street or otherwise blocking all or part of the private street shall be prohibited. (3) Private streets that are not usable by emergency vehicles because of obstructions, snow accumulation, or poor maintenance are a public safety hazard. The city may remedy such conditions and assess the cost back to the property pursuant to M.S. ~ 429.101, subd. I(C). (4) The private street shall be provided with adequate drainage facilities to convey storm runoff which may require hydrologic calculations for a ten-year storm should be included. In the R-8, R-12, R-16 business, industrial, and office districts, these improvements shall include concrete curb and gutter. (5) Street addresses or city approved street name sign, if required, must be posted at the point where the private street intersects the public right-of-way. (6) The private street shall be designed to minimize impacts upon adjoining parcels. The city may require revised alignments, specific building orientation, increased setbacks, and landscaping to minimize impacts. An erosion control plan should be completed and approved prior to construction. (7) The private street in the A-2, RR, RSF, and R-4 districts, must be located within a strip of property at least 30 feet wide extending out to the public right-of-way or covered by a 30- foot wide easement that is permanently recorded over all benefited and impacted parcels. Private streets serving R-8, R-12, R-16, business, industrial, and office districts, must be located within a strip of property at least 40 feet wide extending out to the public right-of- way or covered by a 40-foot wide easement that is permanently recorded over all benefited and impacted parcels. (8) Maintenance and repair of utilities located within the private street shall be the responsibility of the benefiting property. Sec. 18-22. Variances. The City Council may grant a variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 1. The hardship is not a mere inconvenience 2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; 3. The condition or conditions upon which the request is based are unique and not generally applicable to other property; Jerry Story Variance Planning Case No. 05-19 June 21,2005 Page 5 4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findim~: The applicant is requesting a 16-foot variance from the 30-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width requirement, and a variance to allow a private street. The existing home is accessed via a driveway easement across an adjacent parcel. This access is adequate for one home but not potentially 5 homes. There are other opportunities to provide access for the further development of the site. Therefore, the alleged hardship is a mere inconvenience. The City requires all properties being subdivided to provide an adequate access. This development appears premature without the development of adjacent parcels and the construction of a public street for access. In other instances, properties must wait to develop until adjacent properties develop. The granting of the variance will create a potentially detrimental environment due to inadequate access. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends denial of Variance 05-19 for a 16-foot variance from the 30-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width requirement and a variance to allow a private street based on the findings of fact in the staff report." Should the Planning Commission recommend approval of the application, staff recommends adoption of the following motion: ''The Planning Commission recommends approval of Variance 05-19 for a 16-foot variance from the 30-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width requirement and a variance to allow a private street with the following conditions: 1. The City requires verification that the existing driveway easement benefiting your property will permit additional dwelling unit access. 2. Fire Marshal Conditions: a) A lO-foot clear space must be maintained around fire hydrants, i.e., streetlamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. b) Fire apparatus access roads (driveways) shall have an unconstructed width of not less than 20 feet per Minnesota Fire Code Section 503.2.1. Jerry Story Variance Planning Case No. 05-19 June 21,2005 Page 6 c) Dead end fire apparatus access road (driveways) in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit cul-de-sac radius dimensions to Chanhassen City Engineer and Chanhassen Fire Marshal for review and approval per Minnesota Fire Code Section 503.2.5. d) Approved fire apparatus access roads (driveways) shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of Section 503 and shall extend to within 150 feet of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: The fire marshal is authorized to increase the dimension of 150 feet where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Pursuant to Section 503.1.1 2000 Minnesota Fire code. e) Fire apparatus access roads (driveways) shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. f) No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. g) The new proposed private street will be required to have a street name. Submit proposed street name to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. h) Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 3. Building Official conditions: a) Each lot must be provided with separate sewer and water services. b) Address numbers must be posted on each home and on Teton Lane at the private drive entrance. c) Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 4. The private street shall be built to a seven-ton design and meet all private street standards with the exception of those for which a variance is being granted. Jerry Story Variance Planning Case No. 05-19 June 21,2005 Page 7 ATTACHMENTS 1. Findings of Fact. 2. Issue paper dated March 15,2005. 3. Letter from Jerry and Karon Story dated June 7,2005. 4. Application. 5. Sketch of potential subdivision. 6. Affidavit of Mailing Notice. g:\plan\2005 planning cases\05-19 story variance\variance report pc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Jerry Story for a 16-foot variance from the 30-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width requirement, and a variance to allow a private street - Planning Case No. 05-19. On June 21,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Jerry Story for a 16-foot variance from the 30-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width requirement, and a variance to allow a private street on property located in the Single Family Residential District at 6281 Teton Lane. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential - Low Density (Net Density Range 1.2 - 4u/ Acre). 3. The legal description of the property is: Tract B of RLS No. 28 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The hardship is not a mere inconvenience b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property; d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. 5. The planning report #05-19 Variance dated June 21, 2005, prepared by Sharmin AI- Jaff, et aI, is incorporated herein. ACTION The Chanhassen Planning Commission denies the variance for a 16-foot variance from the 30-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width requirement, and a variance to allow a private street. ADOPTED by the Chanhassen Planning Commission on this 7th day of June, 2005. CHANHASSEN PLANNING COMMISSION BY: Planning Commission Chairperson g:\plan\2005 planning cases\05-19 story variance\findings of fact.doc CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 Finance Phone 952.227.1140 Fax 952.227.1110 Park & Recreation Phone 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone 952.227.1300 Fax: 952,227.1310 Senior Center Phone 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us w TO: Planning Commission FROM: Sharmeen AI-Jaff, Senior Planner Matt Saam, Asst. City Engineer DATE: March 15,2005 SUBJ: Development of 6281 Teton Lane BACKGROUND Mr. Jerry Story sent staff a letter regarding the potential development of 6281 Teton Lane. Staff has had conversations with Mr. Story regarding the development of this parcel since 1991. The site is zoned Residential Single Family and has an area of 1.59 acres. The site is located west of Powers Boulevard, east of Teton Lane, and north of Bretton Way. It contains a single family home that is served by an Individual Sewage Treatment System. The existing home gains access off of Teton Lane via a private access easement. The elevation of the subject site is approximately 32 feet above Powers Boulevard. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks A greal place to live, work, and play, lCANNED Planning Commission Issue Paper - Jerry Story Property March IS, 200S Page 2 Lack of adequate access has been the primary deterrent to the development of this site. ACCESS OPTIONS 1. Utilization Of Existin2 Private Drivewav Easement For Access a) This would require that the existing driveway be upgraded to current standards for a private street, i.e. 7-ton design, 20 feet wide, and a 30-foot easement. b) Use of a private street would limit the number of lots accessing off of it to four (4). c) Would require additional easement across property not owned/controlled by applicant. d) Could create double frontage lot for property to the south. e) Variance required for private street. f) Could contain sewer/water lines for development. 1225 :1 1311 ~ ~ F-< GARY A & KAREN J DOHSE 6251 TEroNLN 330 ROBERT L RABE 6307 TITON LN ~JERRY STORY 6281 TITONLN Legal Non-confurming Business 6411 BREITONWAY 6421 6420 6430 6431 L: Planning Commission Issue Paper - Jerry Story Property March IS, 2005 Page 2 2. New Public Street Off Teton Lane a) The new public street would have to meet current standards, ie. 31 feet wide, 60-foot right- of-way, etc. b) The street would have to align with existing Ashton Ct. on the west side of Teton Lane. c) Would require additional right-of-way across property not owned/controlled by applicant. d) The street right-of-way would provide adequate area for utilities. e) The public street would maximize the potential subdivision of the adjoining parcels in the future. A <..; -- ~ ...... 1150 1225 ~ 1321 1311 is f;;j f-< GARY A & KAREN J DOHSE . 62.0NL~C~ ; .. . ... . Ff1r:!",W!& -- - ROBERTLRABE 6307 TETON LN --..., ~1~. YSTORY I f!il!f{flif . WilW!IW@$1i281 ON LN """ 6330 6421 3. New Drivewav Off Of Powers Blvd. a) This would require Carver County approval since Powers Boulevard is a County road. b) Powers is classified as an arterial roadway in the City and, as such, direct access to the road is discouraged. Planning Commission Issue Paper - Jerry Story Property March 15, 2005 Page 2 c) This would require severe grading and tree removal due to the steep slopes along the east side of the property. d) Any new road would have to meet current standards. e) Any road in this area would cross over City-owned property. f) Could contain sewer/water lines for development. ROBERT L RABE 6307 TETON LN JERRY STORY 6281 TETONLN 1150 S 1321 1311 S .... "" .... GARY A &. KAREN J DOHSE 6251 TErONLN A '-' 6330 6421 Property oftlte City ofClwtlw:sen 6420 6430 6431 CONCLUSION Staff presented three options for the development of this site and is requesting direction as to how this area can best be developed. ATTACHMENTS 1. Letter from Jerry Story dated February 4, 2005. 2. Letter from Jerry Story dated May 7,2002. 3. Contour Map of 6281 Teton Lane and Surrounding Area. g:\plan\sa\jerry storyl.doc <.'- .") Jerry Sto~ 12137 88 Place North Maple Grove, MN 55369 612-275-9897 763-493-2920 February 4, 2005 Kate Aaneson Community Development Director 7700 Market Boulevard Chanhassen, MN 55317 Dear Ms. Aaneson: Your consideration regarding a development opportunity would be greatly appreciated I am the property owner of 6281 Teton Lane, property ill R25.6820060, which is land locked. I have owned this property for 14 years, and during this time, have tried to negotiate with each of my neighbors for an easement with no success. The property is 1.59 acres and could be better utilized if it were divided. I would like the property to be divided into two separate lots. One lot would need a private drive and water and sewer access through a small, unused portion of land owned by the city of Chanhassen. Please see the attached plan for details. I respectfully request that this item be added to the agenda at the next Planning Commission meeting on February 15,2005 for a preliminary discussion. Thank you for your consideration and attention to this matter. Sincerely, Jerry Story -/ E. roA./ L AJ. [ll - " . w " """. 'l ", <<J """ .~ "'- -", ~ . ' . ".. '" <:> . - '" .,.~-.,~. "'.. '-, ". . ""''-''- ~'\. ", ." ... ", '. ~ " '. '. ,hL 'fFe ",y"Y 5 5-# /-I (Vb' V::J .::I 0 ~..11 J 1J~ o ""t 7' 0 r- . o ":2:.. -l ~ E ~~ ~ ~ ~ '" \.I' ~ . ~ ~ , \ ~ ~ ~ ): .J' V\ ~ ~ ~ ~ - ('\1' C -\ 1 ~ -....1' ',', "'t,' ", ~\ 1'\" ~ ',' "'-< ' Y\.. M ,~,..' ,ii. ~I . 0 -"',.1". , " "\'-' - ..t \ \t..-\ .~ --L./ . ... ,~ < City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 Gerald Story 510 Sweet Briar Lane Hopkins, MN 55343 (952) 935-9179 May 7, 2002 RECEIVED MAY 1 5 2002 CITY OF CHANHASSEN RE: 6281 TETON LANE-PARCEL #25,6820060 Attention: Chanhassen Planning Commission The purpose of this letter is to infonll and update you regarding my land. J purchased this property in 1991 with the plan of dividing it into buildable lots. I sent the attached letter in March, 1991 and was told it would be considered. At that time the expense was too great, and J decided to wait to develop the land. In 1999 I received a notice of a public hearing to discuss the proposal to subdivide land adjacent to mine and build two habitat for humanity homes on that property. I wanted to protest this, but the meeting was canceled several times and I was not infonlled of the final meeting date. The meeting took place without my knowledge, and penllission was granted to divide the small piece ofJand and build two houses on it. I talked to Robert Generous last year and requested access to my land from Powers Boule,'ard oyer the small piece of city property next to my mine, At that time Generous said that the city would not allow a road to come in from Powers Boulevard, but wanted a road to come in from Teton Lane instead, across Frank Natale's property. I spoke with Mr. Natale and he did not want to develop the land or grant me access. This left me with the same problem; being landlocked and unable to develop my land. A short time ago I was informed that Mr. Natale sold his land to a developer. The developer will most likely bring a proposal to the city for the development of the property. When this happens, please consider what Robert Generous told me. He said the city would like me to gain access to my land through a road across Natale's property. This road would mutually benefit both Natale's fanner property and mine, and ,,,auld solve the issue of my property being landlocked. It would also benefit the city because my land ,,,,auld be developed, new homes would he built on the property and revenue would be brought in to the city in the form of real estate taxes and permit fees for a new development. Please see the attached diagram. Thank you for your consideration. Sincerely, ~.'. _"'n" ,GeralL Jtory- (952)935-9179 . . ~ ~ TO: CITY OF CHANHASSEN ATT: PAUL KRAUSE RE: EASEMENT OF LAND DATE: MARCH 8,1991 FROM: Dear S1 rs, I would like to petition the city of Chanhassen for the right and permission for a 30 ft wide private drive easement across city property at or about the northern tip of b1k 100 P.84 at Powers Blvd. Also utility easement at same place for water/sewer/natural gas. I Gerald Story own the property directly east of said city property RLS NO 2B part of tract B. Easement to be on northern most property line. Easement to be approximately o 30 ft wide x 70 ft long and intersect at a 90 angle to Powers Blvd.(see sketch) The reason for such action is after contacting all property owners on all sides of my property I find that none of them are willing to give me proper easement for city water & sewer and private drive. This leaves my property land locked which is against Hn ST Statute# 160.1B. Access to the county road would be granted by the county if all requirements are met. An inspection of this site will show that this is the best place to access at the county road. After talking to Bill Weckman the county engineer, the county would go-along with what the city approved. Sincerely, b~~ Gerald Story 1!'i<'" ~ '-. .;Jf - - :.'-'-1 , . .. e>> .. eft .. e~ ;~...~~~-:..-'!-';,v__,,",,'___~"t~.... . :~~~ ....fff. -Eli ..-:;n~..M:'l~;-'iiO:'''.i\J-; .,. .:.\1.,. .au'C'.', ~:J~;J, .a....lv i'UUU. .,.>:;" J.I.1 .l\4.tt. I)'" " 160.171. Repealed by Laws 1959, c. 500, art. 6, ~ 13 Historical Note The repealed section related to temporary roads. See, now, if 160,12, 161.25. 160.18. Access to roads; approaches Subdivision I. Culvert to be furnished on existing highways. Ex- cept when the easement of access has been acquired, the road authori- ties, other than town boards and county boards, as to highways already established and constructed shaJI furnish one substantial culvert to an abutting owner in cases where the culvert is necessary for suitable approach to such highway, A town board shall furnish one substantial culvert to an abutting owner in cases where the culvert is necessary for suitable approach to a town road, provided that at an;y annual town meeting the electors of any town may by resolution authorize the town board to require that all or part of the costs of the furnishing of all culverts on the town roads of such town be paid by the abutting owner. A county board, by resolution, shall, before furnishing any culverts after August I, 1975, establish a policy for the furnishing of a culvert to an abutting owner when a culvert is necessary for suitable approach to a county and state-aid road, and such policy may include provisions for the payment of all or part of the costs of furnishing such culverts by the abutting landowner. Subd. 2. Approaches to newly established highways. Except when the easement of access has been acquired, the road authorities in laying out and constructing a new highway or in relocating or reconstructing an old highway shall construct suitable approaches thereto within the limits 45 ;_:.<0::'100 -.-. . ~".. ,,< ;.:" . ',~ ~9- ~ \) ~o~ '" " - :b r ~ f\\ 6' () ~ 1 ()r ~ -1-1./ ~-^ ...,.~ .f~ ~~,.. :.fy ~""1 ~( , ~ s o '.A I o , -L/r- - ./ 'C-- .J>' ~ 160.18 HIGHWAYS; ROADS of the right-of.way where the approaches are reasonably necestary and practicable, so. as to provide abutting OWners a reasonable means of access to such highway. Subel. 3. Approache. to .erve Particular Uses. The OWner or occu. pant of Pl'O)>erty abutting upon a public highway, having a right of direct private access thereto, may provide such other or additional means of ingress from and egress to the highway as will facilitate the eff"lcient Use of the property for a particular lawful PUl]>Ose, subject to reasonable regulation by and pennit from the road authority as is necessary to Prevent interference with the construction, maintenance and safe nse of the highway and its appurtenances and the public Use thereof. Laws 1959, c. 500, art. I, g 18. Amended by Laws 1975, c. 24, ~ 1. Interim Commission Comment, 1959 Minn.St.1957, g 160.241 pro\'ides that, except where the easement of access has been acquired, the road authority shall provide suitable access to a road and install culverts where they are reasonably neces- sary. Such a Jaw could be interpreted to mean that the road authority must provide a suitable approach to a highway on demand of the abutting property owner, whether it is practicable or not. In certain instances the cost of providing suitable access to property could be more than the \'aJue of the entire property. The proposed revision provides that in cases where' a highway is already established and constructed the road authority shall furnish a substantial cuh'ert where it is necessary for suitable approach to Such highway, except where the easement of access has been acquired. It also provides, except when the easement of access has been acquired, that the road authority in laying out and constructing a new highway shall construct suitable approaches where they ate necessary and practicable so as to provide abutting Owners a reasonable means of access to Such highway. Historical Note Derivation: Mi!in-SU957, ~ 160.241. Laws 1957, c. 943, t 25. Minn.St.l953, t 160.31. St.l927, t 2612. Gen.St.1923. ~ 2612. Laws 1921, c. 323, ~ 72. Laws 1915, c. 117, ~ 15. Gen.St.l913, ~ 2567. Laws 1913, c. 235. t 80. The 1975 amendatory act, in subd. 1. in- serted "other than town boards and COunty boards" in the first sentence and added the last two sentences. ""ormer section: Minn.St. t 160.18 was repealed by Laws 1957, c. 943, t 72. See. now, ~ 160.06. Drive\o''a)'s. see Mn. Rules pt. 8810.4100 et seq. Administrative Code References Library References Highways ~99, 120(1), (2). C.J.S. Highways n 178, 186 to 188. .46 ~ ~ ~~ ~ 0 ~ Of i,t2 f.." . I .... 2. Cu Towl stantia where. such ( suitabl drive\\' Gen., :. 1940, 1 Wht Iished ken u: ~ 160.: only t! origin~ 26, 19; The ary w No. 13 Dut: rests . Op.At! Ifet out th: ting I:; repair Atty.G Ahu tion 0 12A ROA 'n It I CU'Vt. Drain. Fill ( Ntcrs Reaso Sepan l. 'n ForT. did not been a 9, 195f Pub' means premls but pI author road II with ~r cuunty 377-B- Prnp of dril' have a . ; -1 <t t/\ ~ o ~ V) v-:. \LJ '-> '"':.:::J '1' ..j <:t V\ o ~ <) ~ ~ ,. "'.' ~ (j) c en .-J f . ~",-"",'i'{~"""dI ".., ,&-~-,-_;~,f,t..~ _. p'~. "'_W,J C\J() - ct~ \'() ~''-o ~}Q '06. , I--~~ C\J . .\J ~ CJ) ...: ~ ~ <: "''c.? .. ;;l~ . - I on ~ - , I H . I : i , IT> ~ t,so '" c:\) 1 0' i ~____._.-.J e,J - \Y"6- \)~. ~ . I 0(,5' ~!~ !'I ;2 - --. -._-- -t OttJ ...\ .. - - - ~~c5 'ILl i.jS ~~ I iz -:s ~~~.~ I~~'a ~ 1t~ ~ .l::>~a.L .(0 ~ -......... ..- -:-.~ i-.. ...., ~ - . -, .... ("'\ '__.0 , .i ,.-.. r-r; '. I ..~ ~~r: -7 1/.__ :'L i:.U -? ~ ~"''''. ~..:,; !.-.: ,-- L~ ; ,., - ........ 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Q) ~ June 7, 2005 Ms. Sharmeen AI-Jaff Planning Commission Re: Planning File: 05-19 CITY OF CHANHASSEN RECEIVED JUN 1 4 2005 From: Property Owners Mr. and Mrs. Jerry Story 612-275-9897 CHANHASSEN PLANNING DEPT Dear Ms. AI-Jaff: This letter is to familiarize you with our unique property situation. This is a short history of 6281 Teton Lane. We purchased this property fourteen years ago with the intent to subdivide and build houses. We approached the City over the fourteen years with different options for access and subdivision and we were told to try to purchase additional easements from the surrounding property owners. We tried to purchase three different properties when they were for sale. Those properties were all sold to someone else. We then tried to purchase two properties to the north and west of our land and they were sold to someone else. We also tried to obtain an easement for access to our property from all surrounding owners and the answer was always no way, no how. Over the fourteen years people have used our property as their own land and as a dump site. We have removed 42 car tires, 12 car batteries and numerous car parts . Our land also is used to dump leaves, brush, tree branches, bottles and cans. Since this property is landlocked to a main road access and people would prefer to use my property as their own . This makes the situation very unique for this property. When the city suggested to use the existing 14 ft. ingress/egress access for subdivision, we thought this was a good idea. The best utilization for this property is to divide it into four lots/four houses. This will prevent anyone from coming back at a later time to subdivide again from Powers Blvd. This also would generate the best revenue for the City and County. This will not affect in anyway future subdivision of the surrounding properties, since each of them can be subdivided within themselves. Our wish is that the variances are granted to end the ongoing problem of this landlocked property once and for all. Forever Grateful Jerry & Karon Story Planning Case No. 05 -, ~ CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION MAY 1 8 2005 CHANHASSEN PLANNING DEPT Owner Name and Address: SO-l'h L PLEASE PRINT Applicant Name and Address: J E R,R.Y STO~ y -'d.' 3'1 g & /1+, PI<:tc..e. We # I'lQP Ie. Gr 0 ve. ft..1 A) S S 3/aCJ - ~"os.: Contact: J~(,(Y Phone:'7lo3- L./Q3- ~ 0,.;1. 0 Fax: 5A_l\'"\ e... Email: St'OR'< f>R.oOK <?- HS"l. CoM Contact: Phone: Email: Fax: Comprehensive Plan Amendment Temporary Sales Permit Conditional. Use Permit Vacation of Right-of-Way/Easements Interim Use Permit L Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Subdivision* Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPR/V ACNAR/W AP/Metes & Bounds - $400 Minor SUB TOTAL FEE $ 250, t2a- Site Plan Review* x An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. * Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy for each plan sheet along with a diqital copy in TIFF-Group 4 (*.tif) format. ** Escrow will be required for other applications through the development contract. (i '. '/. f:b;l.11 Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each applicatio~ PROJECT NAME: LOCATION: RL5. ~ ~ TOTAL ACREAGE: WETLANDS PRESENT: YES PRESENT ZONING: REQUESTED ZONING: Rsr-:: RSF PRESENT LAND USE DESIGNATION: S (N GLC r AM I C>/ REQUESTED LAND USE DESIGNATION: S , I\J 6 LC F IT MIL '-/ REASON FOR REQUEST: ROAD VAR'IlI\JQ.~ TO LAS~ ExrST/N<S- lLJ.ft.-eGSefl-\.eflT -f() V' f Y I vat -e. dr, \I E '+ wAlE R.. Is. ~ /J.Jf= Ie .. ., -It T S AD.4 D LV () tL. L C> .:r~(EASt rO ~O ~-t Q -r (>P-...o PE r2..T'1 L fNE . ,H-G: S LA \" YDOfIJ D , '" ('.,.- PRop E t'GT'-j ()WVt::Rs' HAVe=. RE.PusE.() TD .~r=.LL- ~'tTR..A ADrJED EASEMEVr JO ptzop~eT 'I ~bR . 14- l{Ef\R S .l1-JE- Cri'J'1 COUlJt'/ /1JCI.:;'f- G-r-/7~ 4CL~.s. O~f POWE.RS. '11ft;" -f)/l-R/15if:IP FoR -r1ft:.S UNI6.uE ~RoPE2-ri IS 7/16 LAuD :J:S LItVOLoc.-I</EC "'I- E:.x.C!-LuoE 0 F,eo!<-1 A ."l-f-"'J..:roR. Sr,.e..EET: This application must be completed in full and be typewritten or 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 Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of TItle or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge; S-le-05 Date ICWINIO Signature of Fee Owner Date G~~orms\Development Review Application.DOC Rev. 3105 11"",-, . i;\ "",- . I . "- : ; "-'" Ii ~ ii" i ! "'-, ' . '. I I ! i I i ! t( '.[I .... " t'- N1 IVI '0 () " ~ : \.~ ~ ~ 'rJ'I :,;", i I i I lL 1<.. "'''-. " " ',,- ".:.. ". d I- o --.I l- o -.J ~'"""" ", ~ ~ "' () " <::> "" , :J"",/ "~,I, rl'\ I- () -....\ ~ o "", , ,~/ o,~/ ~ C)~ "0, "'-:... ,tJlJl j?i ~61 ';U;;l.' "'-'-., ~ ~ ,~ ~ v~ --'1 1-. I i ! I i I I I ! \1' :s <+- {'J ..,J ':}- l- o " 1 c, f I I i . i !- ! i~ I I' I\JI I i -J . i" , I I 1 J 1 i i ! '... " I I I I >" . 5, I I ~..._~ il !j ~ '~t '-. . 1 I t i i \ \ j I .~! "(II ~ ~ 1 ul I < I ~ I ~""-"'. ""'-.., "",- 'c''-, " "" o '" -s: I.>l- ~ c.\J W -..I o \- '" '" "" '" .!> ~ l~ ... ~ '" ~ \.J ... t LJ ~ ~ i - II \- '" I ~ : I " I I I J,-4j l' \ ! I ' I : : ! I ! " I \ I l ...J <!. ~ :? .. Q '" ,+-'; , , ""I ~ <1-- , I I~ I~ I I D .. z z ~ \... ~ ~ ~ '<I V> 'l: (Ill :)- .... @} Q{, <oj 1 \,oj V' tAl ~ ... 't ~ .j l-- ~ 1: 0 J I' 10I Ll \- W I: ,,' C\ C\ '>( Il. LI.. C\ <t 05- I g CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE ST ATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 9, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Story Variance - Planning Case No. 05-19 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 mail 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, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this 9+hday of ~ ne ' 2005. "T I \I KIM T. MEUWlSSEN Notary Public-Minnesota My Commlsalan Exph8 J8n 31, 2010 8CAHH&D 0) c .- ... 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Disclaimer This map is nei1her a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various cily, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. "errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use(s access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various cily, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. " errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~66.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall nol be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use(s access or use of data provided. Public Hearing Notification Area Map (500 feet) Story Variance Planning Case No. 05-19 6281 Teton Lane CityofChanhassen Lilac Lane MOLLY M BROOKS 6209 POWERS BLVD CHANHAS$EN . MN 55317 -9434 LEONARD E & ANN B WARE 1225 LILAC LN EXCELSIOR, MN 55331 -9053 CHARLES H & DONNA J PICKARD 1215 LILAC LN EXCELSIOR. MN 55331 -9053 , RONALD W & KIMBERLY A OLSEN 1140 WILLOW CRK CHANHASSEN . MN 55317 -9435 ARROWHEAD DEVELOPMENT CORP 5400 OPPORTUNITY CT SUITE 150 MINNETONKA . MN 55343 -9088 CHARLES A STRICKHOUSER & FELICIA E STRICKHOUSER 1150 WILLOW CRK CHANHASSEN. MN 55317 -9435 ANN BWARE & LOIS A BOWEN TRUST 1225 LILAC LN EXCELSIOR. MN 55331 -9053 CHUE HER & TAO YANG 6250 POWERS BLVD CHANHASSEN . MN 55317 -9434 CLAUDETTE WHITE 6260 POWERS BLVD CHANHASSEN , MN 55317 -9434 GARY P & LEORA F MATTILA 1321 ITHILlEN EXCELSIOR. MN 55331 -9032 JOHN R & MARY JO FLATLEY 1311 ITHILlEN EXCELSIOR. MN 55331 -9032 BRUCE F DREBLOW & DIANE J YEAGER 1145 WILLOW CRK CHANHASSEN . MN 55317 -9435 GEORGE R & SHANNON BURKS 1155 WILLOW CRK CHANHASSEN , MN 55317 -9435 GARY A & KAREN J DOHSE 6251 TETON LN EXCELSIOR, MN 55331 -9054 JERRY STORY 12137 88TH PL N MAPLE GROVE, MN 55369 -3005 ROBERT L RABE 6307 TETON LN CHANHASSEN , MN 55317 -7528 PETER J & ANNETTE L KOROLCHUK 6330 TETON LN CHANHASSEN , MN 55317 -7527 KIRK A & CAMILLE M SWANSON 6340 TETON LN CHANHASSEN, MN 55317 -7527 NAOMI RUTH CARLSON 5955 CATHCART DR EXCELSIOR, MN 55331 -8916 BRENT W & DIANE E FESTER 6350 TETON LN CHANHASSEN , MN 55317 -7527 JAMES J JOHNSON & KRISTIN M SOLIE-JOHNSON 6421 BRETTON WAY CHANHASSEN. MN 55317 -7508 DAVID L & JOAN K PRIEM 6360 TETON LN CHANHASSEN . MN 55317 -7527 KURT R & GAIL A WOOD 6390 PLEASANT VIEW CV CHANHASSEN, MN 55317 -9263 FRANCO C LORIS PO BOX 415 EXCELSIOR. MN 55331 -0415 GREGORY S & PATRICIA J BAZANY 6420 BRETTON WAY CHANHASSEN , MN 55317 -7507 CATHERINE J GUY 6341 TETON LN CHANHASSEN, MN 55317 -7528 DANIEL J & PAMELA J FELLER 6430 BRETTON WAY CHANHASSEN , MN 55317 -7507 THOMAS K & ELIZABETH O'CONNOR 6431 BRETTON WAY CHANHASSEN . MN 55317 -7508 JOHN W JR & SUSAN E KUNITZ 6441 BRETTON WAY CHANHASSEN. MN 55317 -7508 CHRISTIAN S & MAUREEN CONNERY 6440 BRETTON WAY CHANHASSEN. MN 55317 -7507 LAWRENCE E & KATHLEEN M KERBER 6420 POWERS BLVD CHANHASSEN , MN 55317 -9434 PAUL T & MAUREEN M SINKLER 6451 BRETTON WAY CHANHASSEN. MN 55317 -7508 JIMMY D SHADLER 6450 BRETTON WAY CHANHASSEN. MN 55317 -7507 THOMAS & MOLLY BERGFALK 6461 BRETTON WAY CHANHASSEN. MN 55317 -7508 MARCUS R & JENNIFER A ZBINDEN 6460 BRETTON WAY CHANHASSEN , MN 55317 -7507 ~p.~