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CAS-19_STORY, JERRY,a 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. 0 0 05-/,F CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6215 E-maitAddress: rknu(son@ck-law.com December 6, 2005 Thom2 J. Campbell Roger N. Knutson RECHVEb Thomas M. Scott Elliott B. Knetsch Mr. David G. Keller DEC o 7 2005 joclj.jamnik Grannis & Hauge, P.A. Andrea McDowell Pochlcr 200 Town Centre Professional Building CITY OF CHANHASSEN Matthew K. Brokl* 1260 Yankee Doodle Road John F. Kelly Eagan, Minnesota 55121-2201 Soren M. Mattick Henry A. Schaeffer, in RE: JERRY AND KARON STORY Alina Schwartz Marguerite M. McCarron Dear Dave: Gina M. Brandt Also Licensed in Wisconsi, The bottom line is that the City's engineer and planner don't think the access would be safe. Regards, C BELL ON Pro sional A iation Roger N. Knutson Chanhassen City Attorney RNK:sm. cc: Todd Gerhardt, City Manager Kate Aimenson, Community Development Director Paul Oehme, Public Works Director/City Engineer 1380 Corporate CentcrCune Suite 317 - F�gan, MN 55121 651-452-5000 Fax 651-452-5550 �.ck-lawxom 0 0 GRANNIS&HAUGEP.A. LWAL SERVICES To INDWIDUALS, BUSINESSES AND CMES SINCE 1908. WARD R. ANDERSON MICHAEL 1. DWYER' VANCIE B. GRANNIS, IP DAVID G. KELLER BARRY L WFrrENKELLER** VIRGINIA A. DWYER November 23, 2005 JEFFREY D. CAHILL WILLIAM L. BERNARD Mr. Roger N. Knutson STEPHEN A. BAKER*** Campbell Knutson, P.A, PAULH.HAUGE (of Coumel) 1380 Corporate Center Curve, 4317 - AM adrNtred W pracke In Eagan, MN 55121 VAK.�§n - - AM drHined to pracum in Illinois Re: Mr. and Ms. Story * * AM adinkled W pracda in norda Dear Mr. Knutson: Thank you for your letter of November 18, 2005. 1 have forwarded a copy to our client Jerry and Karon Story. I am somewhat confused by the response as my clients are not proposing a direct access from an individual lot to a highway or collector. Rather this would be a public street for the subdivision. In addition, it is our understanding that the interval issue is only an issue because of an existing drive that the city has allowed within a quarter mile of the proposed new street connection. Again, we believe the Story development street connection would be at a better location and perpendicular to Powers Boulevard creating a safer entrance and exit off of the road then the existing driveway which could be moved when future development occurs. If this is incorrect please enlighten me. In addition, we would be interested in why the city engineer thinks that the new access would not be safe. Finally, we would like to know what is the proper process to make this request so that the city may act officially so Mr. and Ms. Story will have exhausted their administrative remedies. Thank you for your attention in this matter. Sincerely yours, Grannis & Hauge, P.A. David G. Keller DGK/ral c: Jerry and Karon Story r,(D'Fl (651)456-9000 Facsimile: (651)454-4232 200 TOWN CENTRE PROFESSIONAL BUILDING - 1260 YANKEE DOODLE RD. - EAGAN, MINNESOTA 55121-2201 SCANNE!) www.grannishauge.com Thomas]. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Pochler Matthew K. Brokl* John F. Kelly Soren M. Mattick Henry A. Schaeffer, 111 Alina Schwartz Marguerite M. McCarron Gina M. Brandt * A]" Liccs�d in wi�,0�1, 1 11 1390 Corporate Center Curve Suite 317 - Eagan, MN 55121 651452-5000 Fas: 651-452-5550 www.ck-law.com 0 0 CAMPBELL KNUTSON Professional Association Dired D14f. (651) 234-6215 E-mailAddress. rknuison@ck-law.com November 18,2005 Mr. David G. Keller Grannis & Hauge, P.A. 200 Town Centre Professional Building 1260 Yankee Doodle Road Eagan, Minnesota 55121-2201 RE: JERRY AND KARON STORY Dear Dave: OS -11 fqov 2 2 2005 CITY OF I was directed to respond to your November 11, 2005 letter to the Mayor and City Council. The City cannot support direct driveway access onto Powers Boulevard which is classified as an arterial roadway. City Code Section 18-57(L) provides: " Where a proposed subdivision is adjacent to a limited access highway, arterial or collector, there shall be no direct accessftom individual lots to such highway or streets. To the extentfeasible access to arterial streets shall be at intervals of not less than one-fourth mile through existing and established crossroads. 4ccess along collector streets will be restricted and controlled at thefinalplat. " Your clients' proposal would violate both the no direct access requirement and the spacing limitation. Existing accesses onto Powers Boulevard are within a quarter file. In addition, the City Engineer does not think a new access would be safe. RNK:sm Roger N. Knutson Chanhassen City Attorney cc: Mayor and Councilmembers Todd Gerhardt, City Manager Kate Aanenson, Community Development Director Paul Oehme, Public Works Director/City Engineer .0 Re: Jerry and Karon Story Dear Mayor and City Council Members: We are writing on behalf of Jerry and Karon Story who have been the owners of property known as 6281 Teton Lane, Chanhassen since 1991. Mr. and Ms. Story purchased the property with the intent to develop it. The property is accessed by a long 14 foot wide easement out to Teton Lane. Obviously this drive is insufficient for subdivision of the property and the adjacent land owner is unwilling to work with our client to sell additional property or cooperate in any kind of development. Land owners to the south and north are also uninterested in cooperating in any kind of development. The only possible means to develop the property to highest and best use as single family which surrourids the property is to have access across the triangle of property owned by the City located between on.- client's property and Powers Boulevard. It is our understanding that triangle was picked up by the City from Carver County in 1969 and has been used for no purpose other than to provide temporary access for another development in the area to Powers Boulevard. Our clients understand that the City would prefer that access and development would occur from Teton Lane. However, that is not possible because the adjacent land owners will not let their property be sub -divided in their lifetime.go It is also worth noting that the City has allowed two unusually shaped lots with a shared drive way to develop immediately north of our client's property with direct access onto Powers Boulevard. This access is at an awkward angle to Powers Boulevard and certainly more dangerous than the access that would be purposed for Mr. and Ms. Story's property. We are requesting that the City allow Mr. and Ms. Story to obtain access across the triangular piece between their property and Powers Boulevard onto Powers Boulevard. This will allow the orderly development of property with an access point perpendicular to Powers Boulevard with a (651) 456-9000 Facsimile: (651) 454-4232 ZOO TOWN CENTRE PROFESSIOW WILDING - 1260 YANKEE DOODLE RD. - EAGARMININESOTA 55121-2201 www.graFirdshauge.com SCANNED 4RECEIVED NOV 16 2005 GRANNIS&HAUGERA . LEGAL SERVICES TO INDIVIDUALS, BUSINESSES AND CITIES SINCE IWY OF CHANHASSEN WARD R. ANDERSON MICHAEL 1. DWYER' VANCE B. GRANNIS, Ill DAVID G. KELLER BARRY L. WITTENIKELLER" VIRGINIA A. DWYER JEFFREY D. CAHILL WILLIAM L BERNARD STEPHEN A. BAKER*** PAULH.HAUGE (of Counsel) November 11, 2005 v Also adminsd In practce In Wisconsin Also admitind to practsce in VIA EMAIL; ORIGINAL BY US M10AL ffiso admi"d to practice I. noma Mayor Tom Furlong Chanhassen City Council Members City of Chanhassen City of Chanhassen 7700 Market Blvd. 7700 Market Blvd. P.O. Box 147 P.O. Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 Re: Jerry and Karon Story Dear Mayor and City Council Members: We are writing on behalf of Jerry and Karon Story who have been the owners of property known as 6281 Teton Lane, Chanhassen since 1991. Mr. and Ms. Story purchased the property with the intent to develop it. The property is accessed by a long 14 foot wide easement out to Teton Lane. Obviously this drive is insufficient for subdivision of the property and the adjacent land owner is unwilling to work with our client to sell additional property or cooperate in any kind of development. Land owners to the south and north are also uninterested in cooperating in any kind of development. The only possible means to develop the property to highest and best use as single family which surrourids the property is to have access across the triangle of property owned by the City located between on.- client's property and Powers Boulevard. It is our understanding that triangle was picked up by the City from Carver County in 1969 and has been used for no purpose other than to provide temporary access for another development in the area to Powers Boulevard. Our clients understand that the City would prefer that access and development would occur from Teton Lane. However, that is not possible because the adjacent land owners will not let their property be sub -divided in their lifetime.go It is also worth noting that the City has allowed two unusually shaped lots with a shared drive way to develop immediately north of our client's property with direct access onto Powers Boulevard. This access is at an awkward angle to Powers Boulevard and certainly more dangerous than the access that would be purposed for Mr. and Ms. Story's property. We are requesting that the City allow Mr. and Ms. Story to obtain access across the triangular piece between their property and Powers Boulevard onto Powers Boulevard. This will allow the orderly development of property with an access point perpendicular to Powers Boulevard with a (651) 456-9000 Facsimile: (651) 454-4232 ZOO TOWN CENTRE PROFESSIOW WILDING - 1260 YANKEE DOODLE RD. - EAGARMININESOTA 55121-2201 www.graFirdshauge.com SCANNED 'r -1 Mayor Tom Furlong and Chanhassen City Council Members November 11, 2005 Page 2 excellent sight line for traffic conflicts. As the area develops we assume the two houses built by Habitat for Humanity would take access off the future development to the west, eliminating a very bad access on the Powers Boulevard. The access would insure that Mr. and Ms. Story would receive equal treatment with other developments in the area and prevent the potential of a taking of their property. This matter was heard in July on the basis of a variance for the 14 foot driveway at the recommendation of staff. This is not a request for a variance but simply one to have access across city property that is not being used, that is directly adjacent to Powers Boulevard and which if used will have to have access on Powers Boulevard. Our clients would appreciate having this heard at the earliest possible convenience of the city council. Sincerely yours, Gpiunis,& Hauge, PA traVid G. Keller c: City Administrator Roger Knutson City Attorney CMOF CHMSEN July 18, 2005 T700 Market Boulevard PO Box 147 Chanhassen, MN W7 Administration This letter is to formally notify you that on July 11, 2005, the City Council denied Prow 952,227.1100 Mr. and Mrs. Jerry Story Fax: 952.227.1110 12137 88rh Place North Building Inspections Maple Grove, TON 55369 Phone 952.227 1180 Fax: 952.227.1190 in the staff report. Recreation Center Re: Variance No. 05-19 Engineering If you have any questions or need additional information, please feel free to Phone: 952.227.1160 Fax: 952.227.1170 Dear Mr. and Mrs. Story, Finance This letter is to formally notify you that on July 11, 2005, the City Council denied Phone: 952.227.1140 Fax: 952.227 1110 your request for 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 Park & Recreation requirement and a variance to allow a private street based on the findings of fact Phone: 952.2271120 Fax: 952.227 1110 in the staff report. Recreation Center 2310 Coulter Boulevard If you have any questions or need additional information, please feel free to Phone: 952.227.1400 contact me. Fax: 952.227 1404 Planning & Sincerely, Natural Resources Phone: 952,227.1130 Fax: 952,227 1110 VZ4! Public Works Kate Aanenson, AICP 1591 Park Road Phone: 952.227.1300 Community Development Director Fax: 952.227.1310 Senior Center WAlplanUM planning mm\05-19 stmy varimm*nff of denial.clim Phone: 952.227.1125 Fax: 952.227.1110 Web She www6chanhassen.nonus 111"HINED The City of Chanhassen - A growing community with clean lakes, quality schools, a churning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Building Inspections Phone: 952.227.1180 Fax: 952,227.1190 EXECUTWE SUM[MARY Engineering The development was reviewed and recommended for denial by the Planning Phone: 952.227.1160 Faxi 952.227.1170 Commission on June 21, 2005. Finance ACTION REQUIRED 0 proposed variance request. The Planning Commission voted 7 to 0 to deny the MEMORANDUM proposed development. The summary and verbatim minutes are item I a of this TO: Todd Gerhardt, City Manager CITYOF FROM: Sharmeen A]-Jaff, Senior Planner. CMNSEX Fax: 952,227.1110 RECOMMENDATION Public Works DATE: July 11, 2005 7700 Market Boulevard Phone: 952.227,1300 the variance request as specified on page 5 of the June 21, 2005 staff report PO Box 147 Chanhassen, MIN 55317 SUBJ: Variance to allow a substandard driveway to serve as a private street to Phone: 952.227.1125 serve more than one lot located west of Powers Boulevard, north of Administration Bretton Way, and east of Teton Lane, Jerry Story — Planning Case No. Phone: 952.227.1100 Fax: 952.227.1110 wwwci.chanhassen.rnn.us 05-19 Building Inspections Phone: 952.227.1180 Fax: 952,227.1190 EXECUTWE SUM[MARY Engineering The development was reviewed and recommended for denial by the Planning Phone: 952.227.1160 Faxi 952.227.1170 Commission on June 21, 2005. Finance ACTION REQUIRED Phone: 952.227.1140 proposed variance request. The Planning Commission voted 7 to 0 to deny the Fax: 952.227 1110 proposed development. The summary and verbatim minutes are item I a of this Planning & City Council approval requires a majotity vote of City Council present. Park & Recreation opinion explaining if the site is landlocked or if it has access. Phone: 952.227.1120 PLANNING COMM[ISSION SUMMARY Fax: 952,227.1110 RECOMMENDATION Recreation Center 2310 Coulter Boulevard The Planning Commission held a public hearing on June 21, 2005, to review the Phone: 952,227.1400 proposed variance request. The Planning Commission voted 7 to 0 to deny the Fax: 952.227.1404 proposed development. The summary and verbatim minutes are item I a of this Planning & agenda packet. The Planning Commission directed staff to obtain a written legal Natural Resources opinion explaining if the site is landlocked or if it has access. Phone: 952.227.1130 Fax: 952.227.1110 RECOMMENDATION Public Works 1591 Park Road Staff and the Planning Commission recommend adoption of the motion denying Phone: 952.227,1300 the variance request as specified on page 5 of the June 21, 2005 staff report Fax: 952.227.1310 (attached). Senior Center Phone: 952.227.1125 ATTACHMENTS Fax: 952.227.1110 Web She 1. Letter from Robert A. LaFleur, Attorney, dated June 22,2005. wwwci.chanhassen.rnn.us 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 Conumission Staff Report Dated June 21, 2005. gAplan\2005 plaitning cwes\05-19 story vari;rn"\cx=utive surnnory.doc The City of Chanhassen - A growing community with clean lakes, quality schools, a craning downtown, thriving businesses, winding trai'ST and beautiful parks. A gieat place to live. work, and play. GOAMM 0 0 Jack L Chestnut Rar/L Clunbronne 3700 Cknipbeff Afithun Tower C�rt C. Holean 222 South Ninth Suret ,nmois B..fohnson C HESTNUT MmeapeAs, MN 55402 Janet Wz&r (612) 339 - 7300 Robert A. LaRcur, Stuart C Bear & (612) 336, 2940 (fjK) Brian N. Touer Kelly Ion, Suite 820 1-mothy A McCarthy CAMBRONNE 161 St Anthony Avenue Jeffrey D. Bores St. Paul MAT 55103 Stewait C. Leper (651) 291,19W Becky L Eyickson PROFESSIONAL ASSOCL4 7YON (651) 291 - 0063 (f") My1ene A. Peterson ATTORNEYSATLAW Jennifer A. Jrarn . 204 North Star Bank CZury A. Goetz ... 4661 High "y 61 Robert A. LaFleur White Bear Lake, AIN 55110 Of Counsel, Direct: (612) 336-2919 (651) 653, 0990 Willi= F Brooks, Jr. rMew@chfttinut�bmme.com (651) 653 - 4647(f") �Al. B�..dss. CPA -Al�ad=ffedmCokmdo �ch,,stuutcambrvnnecmn ... AJ. ��a�d i. N�h Dk� .d K.. June 22, 2005 City of Chanhassen Attention: Sharmeen AI-Jaff Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Planning Case No. 05-19 Dear Ms. Al-Jaff-. wfr,FIVFn JUN 2 3 ZOO -3 CITY 0F CHANHASSEN Enclosed is a copy of my written remarks from the June 21" 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. SCANNED S�W�S�E'Sh.M]�Iwd. 0 0 June 22, 2005 Page 2 Thanks again for your attention to this matter. Very truly yours, CHESTNUT & CAMEBRONNE, P.A. Robert A. LaFleur RAL/djb Enclosure Cc: Robert Rabe 0 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. 0 0 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 may or 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 0 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 7 th , 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. W Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poebler Matthew K. Brokl* John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Marguerite M. McCarron Gina M. Brandt * Also Licensed in 1380 Corporate Center Curve Suite 317 - Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com 0 Eli CAMPBELL KNUTSON Professional Association Dired Did: (651) 234-6215 E-maUAd*=: rknuison@ck-low.com July 6, 2005 Ms. Sharmeen A]-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. RNK:srn Regards, OUNNED 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, 1 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 traff ic 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'easoment 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 WANNED 0 0 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. Respectfully, Kirk & Cami Swanson 6340 Teton Lane Chanhassen, NM 55317 952-380-1503 SCMNED E* Z 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 Stor 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. 0 0 Jerry Story Variance Planning Case No. 05-19 June 21, 2005 Page 2 BACKGROUNDIPROPOSAL SUMMARY 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. i ne appncam, mr. jerry btory, has had conversations with staff regarding the development of his property since 1991. Staff appeared 14'Access Easement before the Planning 0& 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. Utimately, 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. 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 standards/criteria for a private street. Th. A. fu; ;*- 14 �YA&�JDOM �MON� &11B�OMWAY . � � an ss an 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. 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 0 0 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 Lnvate street in the A-2, RR, RSF, and R-4 districts, must be located within a strip of p—roperty 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. See. 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; Jer7y 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. Finding: 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. RECONBIENDATION 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: The City requires verification that the existing driveway easement benefiting your property will permit additional dwelling unit access. 2. Fire Marshal Conditions: a) A 10 -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 tc 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 503.1.12000 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 ATrACHMENTS 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. gApbn\2005 pinnning ems\05-19 story varimmWarimm report pc.dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: 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 Al- Jaff, et al, is incorporated herein. 0 0 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 7'h day of June, 2005. CHANHASSEN PLANNING CONBUSSION 6" Planning Commission Chairperson gAplan\2005 plamnin cases\05-19 story varinc6findings of fwt.doc 0 0 F51 TO: Planning Commission FROM: Sharmeen Al-Jaff, Senior Planner MYOF Matt Saam, Asst. City Engineer CHORSSEN DATE: March 15, 2005 7700 Market Boulevard SUBJ: Development of 6281 Teton Lane PO Box 147 Chanhassen, MIN 55317 BACKGROUND Administration Phone: 952.227.1100 Fax:952.227.1110 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 Building Inspections parcel since 1991. Phone 952 227 1180 Fax: 952 227.1190 The site is zoned Residential Single Family and has an area of 1.59 acres. The site is Engineering located west of Powers Boulevard, east of Teton Lane, and north of Bretton Way. It Phone: 952.227.1160 Fax. 952.227 1170 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 Finance easement. The elevation of the subject site is approximately 32 feet above Powers Phone: 952.227.1140 Boulevard. 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 She wwwo.chanhassennnos 14'Access Easement The City of Chanhassen - A growing coownunftt� with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. SCANNED r - L Planning Commission Issue Paper —Jerry Story Property March 15, 2005 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 1311 F� 6250 6260 GARYA &KAREN JDOHSE 6251 TETONLN 3330 ,IPRYSTORY ROBERT L RABE 6281 TETONLN 6307 TETON LN 6340 6 ces emn to 6281 Teton Lane 3"' OR k) 6340 Legal Nox-con%rndng Bwiness 6411 BREYTON WAY 6421 6420 /0 6431 Planning Commission Issue Paper — Jerry Story Property March 15, 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. 1225 1150 LO S- 1321 1311 6250 6260 850 GARY A &KARENJDOHSE 625WN LW2W. LA 6330 YSTORY YS' ROBERT L RABE f=81ONLN 63V TFrON LN 6340 6350 LegA No�confbrming Bwi�s 411 BRErrON WAY 6421 6420 6430 6431 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. 0 0 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. 1150 1321 1311 6250 6260 850 GARY A &KARENJ DOHSE 6251 TTTON ILK 6330 JERRY STORY ROBEIZTLRABE 6281 TIETON LN �Ied 6307 new A�ess 6340 cess emut T, 639 " s 6281 tDn Lane Legal Nen�nforvdng Bwi�s Propeny efthe City 6411 BREITON WAY 6421 qfchae]�S.. 6360 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.dw . 1 0 0 Jerry Story 12137 8e 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 Law, property ID 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 respeaffilly request that this itern 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 /�k n /-Y 3e 5-b, /-/ r -w ie e -d ---f C? -4 11 D n Poo =loop VN 0 0 City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhasser� MN 55317 May 7,2002 RE-' 6281 TETON LANE -PARCEL #25 6920060 Attention: Chanhassen plarming Commission Gerald Story 5 10 Sweet Briar Lane Hopkins, MN 55343 (952) 935-9179 RECEIVED MAY 1 5 2002 CITY OF CHANHASSEN Tbc Purpose Of this letter is to inform and update you regarding my land. I 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 I decided to wait to develop the land. In 1999 1 rcceived 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 informed of the final meeting date. The meeting too], place without my knowledge, and permission was granted to di%ide the small piece of land and build two houses on it. I talked to Robert Generous last year and requested access to my land from Powers Boulevard over 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 Natole's property. I spoke v6th Mr. Natole 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 nky land. A short time ago I was informed that Mr. Natole 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 Natole's property. This road would mutualh, benefit both Natole's former property and mine, mid would solve the issue of my property being landlocked. It would also benefit the city because my land would be developed, new homes would be 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. GprafL .-tory- (952)935-9179 TO: CITY OF CHANHASSEN ATT: PAUL KRAUSE RE: EASEMENT OF LAND DATE: MARCH 8,1991 Dear Sirs, 0 0 � % FROM: G LD S RY 5 THAWAY LN. M MN _ 5534 9 40 1 5 7 tV 1 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 blk 100 P.B4 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 28 part of tract B. Easement to be on northern most property line. Easement to be approximately 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 Mn ST Statute# 160.18. 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, 6AW'4� 2?�� Gerald St I rs 0 160.171. Repealed by Laws 1959, C. 500, art. 6, § 13 Historical Note ne repealed section related to temporary roads. See, now, J§ 160.12, 161.25. 160.18. Access to roads; approaches 1071 Subdivision 1. 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 shall furnish one substantial culvert to an 0-4 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 any 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 1, 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 rs 0 0 § 160.18 Of the right-of-waY where the approaches Practicable, so as to provide abutting I, access to such hi way, 40 HIGHWAYS; ROADS are reasonably necessary and ,ners a reasonable means of Subd, 3, Approaches to serve Darticular uses. The Owner or occu- Pant If property abutti ng upon a public highway, having a right of direct private access thereto, May Provide such other or additional means of ingress frorn and egress to the highway as will facilitate the efficient use Of the property for a particular lawful Purpose I regulation by and e i -sub; P 1111 1. from the road auth ' ec vJ reasonable Prevent interference with the const ority as i's necessary to ruction, maintenance and safe use of the highway and its appurtenances and the Public use thereof. Laws 1959, c. 5DO, art. 1, § 18. Amended by Laws 1975, . 24, Interim commission Comment, 1959 ,ccesMinn.St-1957. § 160,241 provides that except where the easement of s has been acquired, the roadA,authority shall provide suitable access to a road and install culverts here they are reasonably neces- sarY- Such a law could be int Frmust provide a su! erpreted to Mean that the road authority �Ibutti itable approach to a highway on de in V ng Property owner, whether it is Practicable or not. and of the Instances the cost Of providing suitable a In certain 6%, than the value Of the Ccess to property could be more entire property The Proposed revision provides that in cases where'a highway is alrea�y established and cl-�V road authority, shall f f - constructed the Urmsh a substantial I 0 Or suitable approach t CU vert where it I necessary access has been a I such highway s except Where the easement of equired. It also provides, except when the easement A7 of access has been acquired, that the road authoritv in laying out and (.S� Constructing a new highway shall construct suitabl� they are necessary and Practicable so as to ILI, approaches where Q, reasonable means of access to such high wayProvide abutting owners a Dtrj�ation: Historical Note Minn.& -1957 § 160.24" 943, § 25. The 1-975 2mend2to Laws 1957, ry act in Minn.St.1953, § 160.31 St . serted subd. 1 in - ,?ther than t1wn boards and cou I nty boards, in the first -19Z7, § 2632 G,,-St_1923. i612 sentence and last two sentence,. added the § Laws 1921, 1. 3 2,3 i 72 1915. I_ 117' rMer section: Minn SL § 160 ,"ws § 15' enSt-1913, j 2,�67 - Laws 1913, repealed 18 was by Uws 1957, c. 943, § 72. See, now, § 160.06. 1. 235. §' 80 Driveway,. Administrative Code References see Aln. Rules pt. 8810.4100 t ,q. Highways �99, 120(1) (2) Library References C,J-S- Highways §§ 17i, 18'6 to 188. .46 ROA In Ile, Calve. Drain. Fill t Neces ReB30 separ 1. In Forr did no( been a 1951; Pahl Means premis but in author road %I with t cuuntv 377 -9 - Prop of drit. have a 2. Cu Towy Stantia where, such c suitabi driveu Gen., 1940. Wht lished ken u § 160.; only t! Origin: 26, jg.z The ary w No. 13 Dur rests Op.At; If cl Out th; ting IZ repair Atty.G Abu tion 0 12A PAVO-SAL ,-2, Lane 0 11 LO ilk I to cm I 4k r 4-1 LE ir a) cli 'XI 5 F. W a cr T) N �997 tD Ob EIER '0 C)b V6 d N3ssVHNVHO :10 39VI-11A 02 r f 1; Irlo OA A 'If —low 6 sl� L C! lap 6 W 39S IS EVAS t: Ld 7 IZ En _,7 C;- �C; 43 U.. m LI X L, L W" ;p INI url OOZd '933NO30 m )tg 41NOVIS aNVIAVm Not? - Q 0 0 re) L, c 31 3k, g lUO: rz 0 _j w ao 0 %692 C3 TEW u Ix C. TE r . 'a - p 440 AL P Ow o Q Ire '1 001 )to —Ztw- % r N3SSVHNVHD Sit oz 929 - ','A nos r ;v ost ic ir- Lli r3 w 0,01 s 0 i44 " I . , 0 \D 99 igs IV *om 17-1 0 It 0. "rO ..C" I . 94,961 1 9109 'ON Q 19Z I '0:)AJoune o9z It 00 co 0 C\j o 06; 4 IN 4� w c 0 T� co N CD 0 0 June 7, 2005 Ms. Sharmeen Al-Jaf Planning Commission Re: Planning File: 05-19 From: Property Owners Mr. and Mrs. Jerry Story 612-275-9897 Dear Ms. Al-Jaff. CITY OF CHANHASSEN RECEIVED JUN 1 4 2005 CHANHASSEN PLANNING DEPT 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 win 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 PLEASE PRINT 0 0 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: 3-c- Pmy 's -roe -Y 92 Fif, Place, wo, f`rlat2le Grove, Mjj Contact: J-errl Phone:1f(_0S__Ljq3_,jq,a Fax: i�cL�e_ Email: 5tog,�I�,PooK Q Hst4. com Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Planning Case No. 0S —I Cl CITY OF CHANHASSEN RECEIVED AlAY 1 8 2005 CHANHASSEN PLANNING DEPT Owner Name and Address: so_ rv� e_ Contact: Phone: Fax: Email: Temporary Sales Permit Vacation of Right-of-Way/Easements X, Variance Welland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRIVAC/VAR/WAP/Metes & Bounds - $400 Minor SUB TOTAL FEE S Z:5-0,'32— 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 81/2" X 11" reduced copy for each plan sheet along with a aigital copy in TIFF -Group 4 (*.tif) format. Escrow will be required for other applications through the development contract. 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 %"NNW 0 0 PROJECT NAME: &r8g�(BgooK LPINE LOCATION: - (;2�71 Tr—Tom LANe LEGAL DESCRIPTION: SCOT -02. TWIC-U6 fUNGE-oa--� RLSQk V/0 -rp"NGT 6 P'L-S as, TOTALACREAGE: I -6q Acrts WETLANDS PRESENT: YES )4� NO PRESENT ZONING: REQUESTED ZONING: R s r - PRESENT LAND USE DESIGNATION: 'S C' 1-6 F A M I L-�'/ REQUESTED LAND USE DESIGNATION: S I N 6 Le r- 4 M 1 1--/ 1 REASON FOR REQUEST: ROA0 VAAIjtj0,C- 0 US e F7XrSTl1Y(S7- Iq ft2—G.S�e-r I 1)y- �pytlAte, drive + W AT -C P- Is C- ux�- e . -CHT S Ab A P W 6 U- L L> --,Ckr-k ASiE- I -1�� 30 fi- GL -r PPpPEP-12�1 LffvE . —TFfe S uv-v-oouD imc, J?P-npec�� I OW k)F- R S HAUJ-�- RC-rUSet-) —1 0 '�eLL- CxrkA AQDE /> EAsEA4.Ev7- j -o P-K()PeeT Y -FCR 4 qeAt�-S - C�cr\l � Cuutjr�/ ww'f G�r/ixT- 4cc6?--S� rF Fowrg s i 7/fCZ roje -r#-rs U/V/& ue PP'OPE'ery TH4 L6Ajo :;79 L&Vj-oc-l<,�ep %- Cm LuDC- 0 Fkom A (14':rok 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. N ZT'� - AAM- I �-()g Sig�r 6f Ap,�ant Date Signature of Fee Owner Date Ill"Nun GA4*A[o"s\Developrnont Review Application -DOC Rev- 3/05 Cl f3 to It LL I oil/ . L59/ 0 CITY OF CHANHASSEN 0 05- /9 AFFIDAVIT OF MAILING NOTICE STATE OF MlN`NESOTA) )ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on June 9, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Nhnnesota; 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 A 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, Nfinnesota, and by other appropriate records. KaroA J. Ent!:�dt, D(Wty Clerk Subscribed and swom to before me Q.Lk this - I. 'day of �—,L-ne 2005. Ki� T E�7 SSEN 3t � u! 1E Not!�T icTinnie!sNota SS ot�� I es N �b ijn n 0 C�.i" �0, 31, =-4 ��,4,V C..iw Ep,. J.n 31,2010 SCANNED Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 21, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance to allow a substandard driveway to be Proposal: utilized as a private street to serve more than one lot. Planning File: 05-19 Applicant: Jerry Story Property 6281 Teton Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff at 952-227-1134 Questions & or e-mail saliaff @ci.chanhassen.mn.us' If you choose to Comments: submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at http://206.10.76.6tweblin the 1 Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any Interested party Is Invited to attend the meeting. • staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the city council. The City Council may reverse, all Imn or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project win any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included In the report to the City Council. If you wish to have I something to be included In the report, please contact the Planning Staff person named on the notification. Date & Time: Tuesday, June 21, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance to allow a substandard driveway to Fe— Proposal: utilized as a private street to serve more than one lot. File: 05-19 -Planning Applican Jerry Story Property 6281 Teton Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting; 1 . Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen Al-Jaff at 952-227-1134 Questions & or e-mail sal'aff Oci.chanhassen.mn.us. If you choose to Comments: submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission, The staff report for this Item will be available online at htto://206.10.76.6tweblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alteratio Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all properly within 500 feet of the subject site to be notified of the application In writing. Any interested party Is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports am available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerclavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete, Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting, • A neighborhood spokesperson/representative Is encouraged to provide a contact for the city. Often developers are encouraged to meet Will the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. It you wish to have something t be included in the report, please contact the Planning Staff person named on the notification, 0 Subject Ploperty This map is nerther a legally recordW pulp nor a smary anct is net intericled to be used as me, This map is a simpleton of records, infornnation and data located in various city. county, state and faideral offices and other sources regarding the area shown. and is to be used for reference pumcises, only. The City dotes net fiarrmt that Me Geographic Information System (GIS) Data used to prepare this rnati am mr-or Ince. and the Cdy does not represent that the GIS Data can be used for na%n9anorm, bacidrig or any other purpose requiring eunrung masurenrient of distance or ifirwron or precisiori in the depic�on of geograpthic features R errom or discrepancies am found pleass, contact 9�-227-1107. Ttfe preceding ifiWainfar -S mn,difed pursuant to Minnesota Staludes §466.03, SuM. 21 (2000). arid the user of this niap aclunoMedges that the Oty shall not be liable for my damages. and eVressly vitaives all clairm, and agrees to defend, indlemnify, and hold harmess Me City Ron my and all clawris brought by User. ft employees or agents, or thircl parties iiWhich anse out of the owes access or use of data provided. %a mat, is neither . mgWly recorded rnap nor a sumey ancl is M intended to W used as me This map is a conriplation of record, infonnatiort and date located in varmus city, county, seem aird fiecleral offices; and other sotimes regarding Me area Shown. arid is to be used for marerice purposes orily� The City does M mr-rard that the Gecmphic Inforrriation Systern (GIS) Data used to pro,pare this nuip am enror (me, and the Cry does net represent that the GIS Data can be used lw navigational, tiraclung or any other purpose ratfuning exacting inamurement of distaince or efirevion or precision in the cepifion of geographic features. 0 more or clisoreparicies are found please confect 952-M-1107. �e preceding disclairrier is pm�ded Nmern to Minnescm Staftiftes §46SO3, Sum, 21 (2000), and the user of this rnap acknoWeilges that the City shall net be liable for my carriages. and topressly "ives all clairm, and agrees to defend, indernriRy, and hold harmless the City ftern any and all clainnis brought by User. its employees or agente, or third parbes Which anse out of the users acoess or use of data pm%nded. Public Hearing Notification Area tap (500 feet) Story Variance Planning Case No. 05-19 6281 Teton Lane City of Chanhassen Lilac Lane 0, as-- ake 0 - Ashton Court Subject Property ,.4e Teton Lane IF- 7 View Road m 0 CD I U) 03 Stratton Court �p < CL P 0 0 MOLLY M BROOKS LEONARD E & ANN B WARE CHARLES H & DONNA J PICKARD 6209 POWERS BLVD 1225 LILAC LN 1215 LILAC UN CHANHASSEN, MN 55317 -9434 EXCELSIOR, MN 55331 -9053 EXCELSIOR, MN 55331 -9053 1 RONALD W & KIMBERLY A OLSEN ARROWHEAD DEVELOPMENT C013P CHARLES A STRICKHOUSER & 1140 WILLOW CRK 5400 OPPORTUNITY CT FELICIA E STRICKHOUSER CHANHASSEN, MN 55317 -9435 SUITE 150 1150WILLOWCRK MINNETONKA. MN 55343 -9088 CHANHASSEN. MN 55317 -9435 ANN B WARE & CHUE HER & LOIS A BOWEN TRUST TAO YANG CLAUDETTEWHITE 1225 LILAC LN 6250 POWERS BLVD 6260 POWERS BLVD EXCELSIOR, MN 55331 -9053 CHANHASSEN, MN 55317 -9434 CHANHASSEN, MN 55317 -9434 GARY P & LEORA F MATTILA JOHN R & MARY JO FLATLEY BRUCE F DREBLOW & 1321 ITHILIEN 1311 ITHILIEN DIANE J YEAGER EXCELSIOR , MN 55331 -9032 EXCELSIOR, MN 55331 -9032 1145 WILLOW CRK CHANHASSEN, MN 55317 -9435 GEORGE R & SHANNON BURKS GARY A & KAREN J DOHSE JERRY STORY 1155 WILLOW CRK 6251 TETON LN 12137 88TH PL N CHANHASSEN, MN 55317 -9435 EXCELSIOR, MN 55331 -9054 MAPLE GROVE, MN 55369 -3DO5 ROBERT L RABE PETER J & ANNETTE L KOROLCHUK KIRK A & CAMILLE M SWANSON 6307 TETON LN 6330 TETON LN 6340 TETON LN CHANHASSEN , MN 55317 -7528 CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -7527 NAOMI RUTH CARLSON BRENT W & DIANE E FESTER JAMES J JOHNSON & 5955 CATHCART DR 6350 TETON LN KRISTIN M SOLIE-JOHNSON EXCELSIOR, MN 55331 -8916 CHANHASSEN. MN 55317 -7527 6421 BRETTON WAY CHANHASSEN, MN 55317 -7508 DAVID L & JOAN K PRIEM KURT R & GAIL A WOOD FRANCO C LORIS 6360 TETON LN 6390 PLEASANT VIEW CV PO BOX 415 CHANHASSEN, MN 55317 -7527 CHANHASSEN. MN 55317 -9263 EXCELSIOR, MN 55331 -0415 GREGORY S & PATRICIA J BAZANY CATHERINE J GUY DANIEL J & PAMELA J FELLER 6420 BRETTON WAY 6341 TETON LN 6430 BRETTON WAY CHANHASSEN, MN 55317 -7507 CHANHASSEN, MN 5S317 -7528 CHANHASSEN, MN 55317 -7507 THOMAS K & ELIZABETH O'CONNOR JOHN W JR & SUSAN E KUNITZ CHRISTIAN S & MAUREEN CONNERY 6431 BRETTON WAY 6441 BRETTON WAY 6440 BRETTON WAY CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -75M CHANHASSEN, MN 55317 -7507 E LAWRENCE E & KATHLEEN M KERBER 6420 POWERS BLVD CHANHASSEN, MN 55317 -9434 THOMAS & MOLLY BERGFALK 6461 BRETTON WAY CHANHASSEN. MN 55317 -7508 PAUL T & MAUREEN M SINKLER 6451 BRETTON WAY CHANHASSEN, MN 55317 -7508 MARCUS R & JENNIFER A ZBINDEN 6460 BRETTON WAY CHANHASSEN. MN 55317 -7507 L A JIMMY D SHADUER 6450 BRETTON WAY CHANHASSEN, MN 55317 -7507 0 0 1225 1150 6" 62SO ow 0 GARTA&KAREUDOEISE 6" 626D\, 6251 WON LK 63M Ma �,�MRY OW ROBEWF L RABE �63117 TE�MN LN or MI, 6360 off -M-11 LegalMm��Busiww - 6411 BRETrONWAY / 6421 643D "31 0 0 1225 1311 F- 6250 6260 GARY A &KARENJDOHSE 6251 TETON LK JERRY STORY ROBERT L RABE 6281 TETON LN 6307TETONLN 6�WO a a 639 Mae so 6281 Telex Lame Legal Nmm�coxfirmmg Bw� 6411 BRETTON WAY 6421 6420 6430 6431 0 S"HNED 0 0 --- 11-50 1321 13" 6250 62610 850 GARYA&KARENJDORSE 6251 TEI'ONLN 6330 JE3W STORY ROBERT L RABE 6281 MON LN 6387 MON hN 6 Access ft 62RI Teism Lame 6350 Legal Nwim-cm6ralmig Bvtsim� ftv" of fim, Cay 6411 BREITON WAY M21 Gromidwassam, 6360 6420 En 6430 6431 SCANNED 0 0 SCANNED Im JW ks if XF J� rc �40 N op 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 * Al.. Uccns�d in Wi�c,mi, 1380 Corporate Center Come Suite 317 - Eagan, MN 55121 651-452-5000 F= 651-452-5550 www.ck-12W.001n 0 0 CAMPBELL KNUTSON Professional Associatior Direct Dial. (651) 234-6215 E-mailAddress: rknutson@ck-l".com July 6, 2005 Ms. Shanneen Al-Jaff City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MNT 55317 RE: JERRY STORY VARIANCE APPLICATION Dear Sharmeen: RECEIVED JUL 0 7 Zo05 T 'y OF co O�NH#,SSEN 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 meamngs depending upon the context, in my opinion the property is not "landlocked" because of the access easement. RNK:srn Regards, 0 CHANHASSEN PLANNING COMaUSSION REGULAR MEETING JUNE 21, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: U]i Sacchet, Deborah Zom, Kurt Papke, Mark Undestad, Debbie Larson, Dan Keefe and Jerry McDonald STAFF PRESENT: Sharmeen Al-Jaff, Senior Planner; Paul Oehme, City Engineer/Public Works Director; and Lori Haak, Water Resource Coordinator PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd Jim Broughton Janet Paulsen 7302 Laredo Drive 6927 Highover Court North 7305 Laredo Drive PUBLIC HEARING: REQUEST FOR VARIANCE TO ALLOW A SUBSTANDARD DRIVEWAY TO BE UTILIZED AS A PRIVATE STREET TO SERVE MORE THAN ONE LOT ON PROPERTY LOCATED AT 6281 TETON LANE, JERRY STORY, APPLICANT, PLANNING CASE NO. 05-19. Public Present: Name Address Jerry and Karon Story Cynthia Gallo Naomi Carlson Gary & Karen Dohse John & Sue Kuntz Peter Korolchuk 12137 88h Place North 16799 Terrey Pine Drive, Eden Prairie 5055 Cathcart Drive, Excelsior 6251 Teton Lane, Excelsior 6441 Bretton Avenue 6330 Teton Lane, Excelsior Sharmeen Al-jaff presented the staff report on this item. OS -1 Sacchet: Thank you Shanneen. Questions from stafE Do we have questions from staff.? Kurt, you have something? Papke: Yeah Sharmeen. I apologize for not asking this question earlier so that you could do a little background research, so you'll have to perhaps answer from memory. But one of the standard questions when we have variances like this is precedent. Okay. Do we have other examples in the city, particularly something close to the site where we have granted a similar type of variance? 0 0 Planning Commission Meeting — June 21, 2005 VerUNZ in Papke: So never in the history of the city have we ever granted such a thing? Al-Jaff. Every time we have granted a variance for a private street, we have demonstrated that it cannot be served by a public street. Or there are other environmental features such as wetland in addition to the public street. Environmental features that are being saved. Sacchet: Thank you. Keefe: Just a couple questions. One, I think we asked this before but there's no way to get an access off Powers for this. A]-Jaff. Engineering staff reviewed this request. There are extremely steep grades as well as we're always trying to limit number of access points off of Powers Boulevard and City Engineer Paul Oehme is here, and Paul if you want to add. Sacchet: But it's a county road, isn't it? Powers? Oehme: Yeah, thank you Chairman. Members of the commission. Part of the whole idea is thal a county road in that jurisdiction but in our estimation there is several access points on Powers Boulevard in close proximity to this site, both public and private driveways. Right now the traffic volumes are a little over 10,000 counts per day in this area and we try to limit access on these type of collector roadways as much as we can. So we're just recommending that an access not be granted off Powers Boulevard. Sacchet: Thank you Paul. Keefe: And one other question. This goes back, and I don't know if you can answer this at all. You know the 14 foot easement that comes off of Teton Lane, when this property was purchased, was there a consultation with the city that would have said well you know here's the plan. What we want to do with this property and we're going after an easement from the adjacent property and if we're going to develop 4, we're planning on developing 4 or 5 lots here, is a 14 foot road adequate? Can you speak to any of the history in regards to any of that. A]-Jaff- The earliest records I was able to locate were from 1991, which is probably about the time when this property was purchased. Keefe: Alright. And there was nothing that you can. A]-Jaff. I wasn't able to find anything dealing with the subdivision. There has been, as to how it was going to lay out. It was staff that had looked at the different alternatives and the access was an issue. At some later point in the file I was able to find a 2 lot request. But really that's. Keefe: But not a 4 or 5 lot subdivision. 2 Planning Commission M — June 21, 2005 0 AI-Jaff. Not off of the 14 foot, no. The 4 lots was a concept that staff looked at. Also at some, probably about a year ago a developer was looking at this site. He actually did purchase it and was working on an extension of this cul-de-sac and there was a plan showing the Story property and it did include 4 parcels but it was going to be served via a public street. Keefe: Yeah, I just wanted to make sure that we you know haven't sort of represented something that, but you can't put your finger on anything. Al-Jaff: No. Keefe: Okay. That'sit. Sacchet: You had a question Jerry. McDonald: I've got a couple for you also. What is the development around that area? I mean you put a letter in here from 2002. It looks as though there was interest there. What happened to that? Did it just not go anywhere? A]-Jaff: Whenever we look at development, please tell which letter you're referring to. McDonald: It's the one dated May 7tb where we're talking about a developer was in the process of buying the land and Frank Natole's property, which I don't see on any of the maps so. A]-Jaff: Yeah, it would be this one. At the time the developer was Dick Loescheider who purchased this property and was interested in subdividing it. And he was working jointly with the Story's. McDonald: What's happened to all of that development, do we know? A]-Jaff- They ... did some right-of-way from Robert Rabe, which is the property immediately to the south. They weren't interested. McDonald: Okay. And then the other question I had was about private streets and driveways. I know over around Lotus Lake there's several in that area and, but I don't know how many people are served or how old they are or if anything was grandfathered in or anything such as that and I did try to call today just to find out if we have any history of that. Do you know of any roads over in that area? It'd be to the west side of Lotus, in that area and it's quite old. A]-Jaff: I believe you're referring to Ridge Road. McDonald: It's, well Ridge Road is one I'm thinking of but also if you go south of Ridge Road into the older section where they've just put houses wherever they could on the lake and everything. There's a lot of different roads in that particular area. There's one main road that kind of winds around through but then there. A]-Jaff- Pleasant View Road. 0 0 Planning Commission Meeting — June 21, 2005 McDonald: But then there's a lot of little, it looks like private roads that run off from that. Do you have any data about those particular roads and number of houses that may be on those? Do they exceed 4 or width wise or, because some of them look pretty narrow. A]-Jaff. We haven't, over the past 15 years we have not processed, to my knowledge, we have not processed any variances for private street widths or easements. McDonald: Okay. That's all I have Mr. Chairman. Sacchet: Any other questions? Debbie. Larson: Well yeah, I'm just wondering. The gentleman that was trying to subdivide the other property, did they ever consider doing all the road on his side of land versus cutting into the neighbor's land? Al-Jaff. Yes. Larson: Or because there's a jog there, is that why they decided against it? A]-Jaff. That's one of the things that we asked them to pursue was lining up the roads with Ashling Court and maybe engineering can comment further on why we have to have roads aligned perfectly. Oehine: Sure. You know it's just a good practice to have conflict areas at T intersections. The more conflicts you have separated, the more issues you have with the traveling public looking at different potential obstructions along the way so try to limit your access points to major intersections and T's and you know where the volumes of traffic are coming from so that's the reason here. Larson: Okay. I don't have anything further. Thanks. Sacchet: Alright. Thank you very much Sharmeen. With that I'd like to ask the applicant, I believe we have an applicant here, to come forward and tell us your view of the world a little bit. And you might want to mention your name and address, just for the record and please use the microphone. Jerry Story: I'm Jerry Story. This is my wife Karon. We live at 12137 88h Place North, Maple Grove. I'm glad to be here in front of all you guys and thank you for this opportunity. We purchased the land 14-15 years ago with the idea of trying to subdivide it and build houses on it. I think from day one, I think '91 might be the first time we came in. I tried to get an access off of Powers Boulevard. I talked to engineering at Carver County and he said we'll do at that time whatever the city requests. Well, for some reason they didn't have the money to pursue it so I kind of dropped it at that time. What I'd like to show here is that all property owners around me will not give me an easement or an access to my property. There is a state law that says if you are land locked there is a state law that says you cannot land lock any piece of property in the 4 Planning Commission Me!k — June 21, 2005 0 State of Nfinnesota, and I feel that my property comes under that law. Sharmeen says that this is a premature development but I can show you a way where even if our property is developed through the private drive, that the other property can be developed within themselves. And I gave each of you a handout. This is an overview. If we could turn it so north is north. The yellow portion is my property. This is the property that Loescheider bought that we were going to develop together, but he didn't want to do it because he couldn't gain access through Rabe's property right here. We had a meeting here, an informal meeting after the Planning Commission a few months ago and it was suggested that we try and work with staff, planning staff to approach some way to develop this land. And since the city doesn't want us to come off of Powers, Kate Aanenson came up with the idea to try and get a variance and come across the 14 foot easement. So that's why we're here pursuing this. It was recommended by Kate. Also on the same paper I kind of did a little drawing how the property could be subdivided if mine was subdivided separately. By just adding the same road and ending the cul-de-sac here, it could take care of all these properties and all these properties. All these properties could be subdivided from Bretton Way there. It's all right on the road itself so there's no problem there. The owner, the next page that you guys have also is a, it's kind of the same map but it shows a better layout of a plot plan. The Bilte's have built a large addition which, and this isn't drawn to scale but it kind of looks like this. The addition is like 50 feet long by 28 feet wide and then they did a screen porch here in front, which would kind of inhibit from subdividing that property. The Rabe property, I talked to him several times. I've asked him if he wanted to sell it and it was no way, no how. And of course Dick Loescheider tried to work with him to get a road in. He does have a driveway coming right up here and so actually that road wouldn't have even taken away from his property. He offered him a stub in for 3 plus an amount of money and Rabe said he wouldn't do it. So we're kind of left with the city not wanting us to come here. And all property owners not wanting to give us a proper easement or proper land. Our property is land locked. We feel that our property has been eliminated from any discussion from way back when when it was subdivided. No one's ever taken this property into consideration of down the road, how it would be subdivided. Whether, in most cases back then it was unknown how anything would happen, but we kind of feel that we've been left out of the total picture here. We do feel that if this is denied in some way that we are going to have to try and pursue coming off Powers Boulevard. We don't, we're not going to have any alternative. I've made an offer to purchase this property. I've offered to purchase this property from the Natole's and Dick Loescheider with no results. I offered to purchase this property Henry Wong who sold it to the Rob Rabe who owns it now. We've asked them you know how much would this sell for and he wouldn't come up with any type of price so we feel like we're at a dead end here. The property is, would be best utilized because it is a high property. There's no wetlands. It has a nice overlook. It would be best utilized for the city for the beauty and for revenue to have 4 houses there. Or 3, whatever the case might end up being. This house here, from my understanding, Rob Rabe told me it was turned back into a single family but he doesn't live there and he does rent it out so I don't know of the actual status of that but the people who rent it, there's like 25 feet of actual driveway that they use to park their cars here. It is a driveway on the other side of this property that comes all the way up, right up to the house that could be utilized for any renters also if it came to that case so with that, are there any questions? Sacchet: Jerry, go ahead. 0 0 Planning Commission Meeting — June 21, 2005 McDonald: Yeah, I've got a number of questions. You brought up the issue of being land locked. How did this property come to be land locked? Did you purchase it that way? Jerry Story: Yes. I guess I didn't realize that when I purchased it. McDonald: You do have access to the property though through an easement, is that correct? Jerry Story: Yes. Yes we do. McDonald: And under the terms of that easement, what are the conditions and restrictions of that easement? Is it unlimited as to what you can do as far as access? Jerry Story: Yes, so it's an ingresslegress easement only. There are no restrictions. McDonald: Okay. I believe in that case under the law the land is not land locked. You do have access to it. It doesn't really guarantee you that you can develop it. It just says that you will have access to your property. And I guess you know when you were here before us before one of the things that we had talked about is because these are rather large lots in that particular area, that what tends to go there is maybe more of an estate type of a setting. Did you do anything further as far as investigating the feasibility of that? Jerry Story: Well I didn't investigate it but it's not in my way of thinking it's not a good idea. There is a foundry set in here. There are two houses really close together right here. In my estimation I don't have the money to make it an estate and build a million dollar house on there. And I just don't have what it takes to do that, and it's still the best utilization of the land I believe is subdividing it. McDonald: Because as I understand it, what you're coming before us today and asking us to do is to basically take away property from other owners so that you would benefit. Am I wrong in that or, because that's part of what I'm trying to understand in all this. I understand that you can't do with it exactly what you wanted to, but you know again under the law you do have access. It's not set up that you can do development and you can make as much money as possible. There are restrictions and you have to live with those. What are you asking us to do? To create access for you? Jerry Story: From my understanding also it is the city can condemn land for a road. I was told they don't do that but I understand that that is possible to be done also. I'm not requesting that. I'm requesting to use the existing easement that we've been using for 14 years and maintaining. McDonald: But again as staff has said, there are certain conditions under which we will do this and one of which is not to create a major traffic thoroughfare but by doing, again you're asking us for a 16 foot variance to, it would be basically a single lane which would mean that the people that live back there, you know what happens as they come and go? I just see us creating more problems than solving a problem. I am all in favor of developing this land. I think staff has worked to try and do that. It's time will probably come. I understand you're losing money and you want us to do something but at this point I'm just, I'm not sure what we can do for you R W-7 Planning Commission Meeting — June 21, 2005 because we're not going to condemn land to create a street and I would only be in favor of creating a public thoroughfare through there and it's too soon to do that. Sacchet: We're not quite at comments yet Jerry. Let's stick with the questions for now. McDonald: That's all the questions I have now. Sacchet: Kurt. Papke: What is the current use of the property? Jerry Story: There is a home on it that if we do subdivide the home will be torn down. Papke: Do you currently rent out that property? Jerry Story: Not at this time. We haven't rented it for a year and a half. Papke: But you used to rent that property? Jerry Story: I used to rent it yes. For the whole duration of the rest of that time. Papke: Okay, so you had rental income during that time and you now are electing to not rent it? Jerry Story: The last tenants wrecked it and I don't want to stick all that money into it if it's at some point going to be torn down. Papke: Okay. In your letter to the Planning Commission you mentioned several sales of the properties around you where you attempted to purchase them but they were all sold to someone else. Did you actually bid on any of these surrounding properties? Jerry Story: Yes I did. I did on this property. I forget what the guy's name, he used to live across the street here. One of these properties. And apparently my bid wasn't high enough. Papke: So you were out bid by someone else? Jerry Story: Well he didn't sell it for another 3 years before he actually sold it. Papke: Okay. Jerry Story: I gave Frank Natole a bid for $350,000 on his property and he said he wanted $800,000 and he sold it for $325,000. 1 gave him a bid but he apparently ignored it or whatever. So Dick Loescheider bought this and I also offered Dick Loescheider $350,000 for the property. He paid 325 and he sold it a year later to the people that own it now. So if, oh and I offered Henry Wong for his property. He said it was for sale so I made him an offer and he waited a year or so and then finally sold it someone else. To Rabe. 7 0 Planning Commission Meeting — June 21, 2005 Papke: Okay, thank you. Sacchet: Any other questions? Okay, thank you very much. Jerry Story: Okay, thank you. Sacchet: Now this is a public hearing so if anybody would like to speak up to this item, this is your time. If you want to come forward. Please state your name and address for the record and let us hear what you have to add to this picture please. You may want to straighten out the microphone so you speak into it please. Rob LaFleur: I'll do my best. Chairman, commissioners, staff. Thank you for your time. My name is Rob LaFleur. I'm an attorney. I've been asked to speak on this matter on behalf of several nearby property owners. They include Robert Rabe, who owns the adjoining property to the west with an address of 6307 Teton Lane. Naorni 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 Carni 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. I've 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 about 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 4 lots and sell them individually. The access he is proposing would be far from adequate for that purpose. What he is asking for is substantially substandard private street. As the staff has noted, this substandard private street would be serving at least 5 dwelling units. In fact Ms. Carlson may also want access off of it, which means it would then be serving 6 separate dwellings. That is full 50% 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 5 adjoining properties. I would certainly not want to be in that position, especially if I or 2 of the adjoining properties happen to 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 has 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 may or may not be true that 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 4 units. Even if the access issue is resolved, sewage issues and possibly other utilities issues remain. At one point there may have been discussions of 10 F1 Planning Commission Met — June 21, 2005 developing this property in conjunction with the 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. Loescheider who had expressed an interest in developing it. However he has since sold the property. The new owners have made significant improvements since they own the property and they 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 4 units would be far 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 is recommending in the event the commission decides to recommend approval of this request. Draining is another issue that 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 have obstruct widening it. Factors like these point to the conclusion that Mr. Story is essentially wearing blinders with regard to the development of this property. He sees only a potential profit to be made and since he will not be living in the area after the subdivision, he's showing little concern for what is left behind in terms of public safety, drainage and inconvenience to the neighbors. He goes so far as to state in his application that the property is land locked 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 land locked is incorrect. He also states the property is excluded from a major street. Although it is not clear what he classifies as a major street, a land owner doesn't have any right to access to a major street. It certainly only makes sense that every property should have access to a public right-of-way. That does not mean access to a major street. The standards set forth in city ordinance for private streets are well thought out and make good sense. They need to be designed to withstand the 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 7h 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 land locked. That is simply not true. I also think it is likely that the abuse of his property is more the result of his absence than from it's location. He lives in Maple Grove. His only interest in Chanhassen is whatever profit he can make off of owning real estate here. He states that he tried to buy 3 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 the property than he was. Since his motive 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 recommend denial of the requested variance. Those are my prepared remarks. Ijust also want to give you a quick aside. I did go visit the property and looked at it as I mentioned in there. As I visited the property today, it was interesting to the north, a deer walked across the property over there. That's the general character of what's here at this point and if we are, if we subdivide it and put 4 more houses there and put 4 houses to the north and all that type of stuff, those types of things are going to go away. Be happy to answer any questions that anybody might have. Sacchet: Thank you very much. McDonald: I've got a question. E 0 0 Planning Commission Meeting — June 21, 2005 Sacchet: You've got a question Jerry. Go ahead. McDonald: I'm going to ask you about the easement. Have you read it? Have you seen it? Rob LaFleur: I have not read the terms of the specific easement, no. McDonald: Do you anticipate any problems with, if we were to subdivide that into 4 lots, about additional property owners now going over an easement that was originally put in for I property owner to access his property? Rob LaFleur: Are you talking about legal problems with that or practical problems? McDonald: Not practical. Legal. Rob LaFleur: Well from walking the property there's a huge practical problem there. I mean that's a driveway that's not even a great driveway in terms of you know it's stone. It's not asphalt. It's you know it's fairly long. Keeping it maintained and that type of stuff is going to be a practical issue. You also, whenever you have an easement that now is going to be a right to, or is going to be a right that exists in 4 property owners rather than 1, you've increased by a factor of 4 the potential disputes between people who have common interests in the same property. McDonald: Okay, no more. Sacchet: Alright. Thank you very much. Anybody else wants to address this item? This is your chance. Seeing nobody else get up, oh you can come back. Yeah. Certainly. Jerry Story: I would like to say that Mr. Lafleur does not know me. Therefore he does not know what my motives are. Sacchet: Yeah, and your motives are not the topic of discussion here tonight so let's be very clear about that. I mean our topic of discussion is an application for a potential variance, okay. Jerry Story: And I mean, now you guys know what I'm up against that I can't get access to my property. Thank you. Sacchet: Yes please, come forward. If you would state your name and address please. Naomi Carlson: My name is Naomi Carlson. I own the 2 properties to the south of the easement and I own the easement. Fee owner of the easement and I didn't realize that you were going to be asking the question would there be a legal problem and from my own personal point of view, yes there would be a legal problem. I do have copies of the easement and I gave a copy to Sharmeen. Of both easements. Rob Rabe has an easement in the back of his property and Jerry Story has one for the back of his property so yes, there would be a legal problem. From a personal point of view. Does that answer your question? [If . Planning Commission Me!k — June 21,2005 0 Sacchet: Thank you. Anybody else want to address this item? Seeing nobody get up, I'll close the public hearing. Bring it back to the commission for discussion. Any, yes Dan. Keefe: One thing that was brought up ... is the notion of state law in regards to access to a particular property and what the State may have to say and what that lot particularly is and whether we need to consider that or not. And I'm just wondering, do we need to consider it? If so, do we need to get somebody in front of us to speak to that specially. Sacchet: It's my understanding that the city attorney does look at the staff reports. Al-Jaff. He did look at this application and he concluded this is not a land locked property because it currently has access. McDonald: I guess what I would say is I've dealt with this and that's why I don't believe it's land locked either. The State, the City, we did not create the situation. If you do create the situation, then you have a problem being the municipality. We did not create the problem. That was one of my questions. We do not owe an obligation as far as getting into the property. He does have a right to access for use of his property. He has that through the easement, and I would agree that it's not an issue that we need to worry about. Keefe: And 1, yeah I mean you can took at it, it appears that he has access through an easement to the property. The question I have is do we need an official statement and can we take that as... Al-Jaff-. Absolutely, and what I can do is also ask the city attorney to put it in writing as to whether this is parcel is a land locked parcel. Sacchet: And beware that this has to go to City Council no matter what we do tonight here so it, I would certainly think that there will be a second time that the city attorney looks at it, if there are State law components that play into it. It would probably come into play at that point. Keefe: I didn't know whether we needed to consider that. Sacchet: I think for us here we have to deal with is the staff report. Keefe: What we've got here, yeah. Sacchet: Yep. Keefe: Okay. That's really, and in my, are we in comment? Sacchet: Yeah, we're commenting definitely. Keefe: You know I think it's unfortunate. This is a piece of property that he may have intended on developing it. There may still be a small possibility to do that. Potentially to the cast but I don't, at least what I'm hearing is it's probably is a really low likelihood unless he can get the I I 0 Planning Commission Meeting — June 21, 2005 other people together to try and develop it. I think it's going to be a real uphill battle, as he's well aware of. He's been working on it for some time so. I don't, I don't ... changes much from the last time he was in. I think it's got to be a single family at this point if it wants to be developed any further today so that's kind of where I come down on it. Sacchet: Thanks Dan. Want to add anything to that Deborah? Zom: No comments. Sacchet: Okay, Kurt. Papke: I fully support the staff recommendation on this one. I don't see any reason to go against the staff recommendation and I can see a long litany of reasons why we would not want to do so. Sacchet: Mark? Debbie? Jerry? McDonald: I already made my comments. Sacchet: You know as I recall when you came in, I think it was a work session or discussion after a Planning Commission meeting where we looked at your situation and what is possible, and the way I recall it we were kind of bumping our head everywhere we turned in terms of using this 14 foot access for subdivision in terms of not having the cooperation of the adjoining owners to create a full fledged access. The unlikeliness of getting access from Powers due to the grade. Due to the fact it's a very busy county road. That it is very heavy wooded, and it's the way I recall it, at that point, we suggested that well maybe the thing to leverage is what it is. It's one house and it's access to one house. I know that's not what you particularly were planning to do or apparently not even researched, which I can understand because you're very focused on what you want to do, but I have a hard time believing that Kate Aanenson, our Community Planning Director would recommend in any way or shape to use a 14 foot driveway for a 4 or 5 home access. That does not sound feasible to me but let's not get into that. We can't speak for somebody who's not here. But I fully agree with the staff report. I mean in our role as I said in the beginning of opening the meeting is to look at these proposals that come in front of the city in view of how, to what extent do they comply with the city ordinances and city code. And we have very clear requirements what we have to look at when a variance is granted and this does not fulfill any of these requirements. So I would support the recommendation to City Council of denial for this proposal at this point. Is there anything else anybody would like to add at this point? Otherwise I would be happy to get a motion please. McDonald: Mr. Chairman, I make a motion that we adopt the staff recommendation that 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 upon the findings of staff in the staff report. Sacchet: And we have motion. Do we have a second? Zom: Second. 12 Planning Commission Me!k — June 21, 2005 McDonald moved, Zorn seconded that 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. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Sacchet: We wish you luck with this. This is a challenging one. Has been from the start. Unfortunately we can't perform some magic to resolve that ... as much as we'd like to help you. APPROVAL OF MOWTES: Commissioner Keefe noted the verbatim and summary minutes of the Planning Commission meeting dated June 7,2005 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 7:50 p.m.. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheirn 13 li 0 0 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, 1 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 0 0 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. Respectfully, Kirk & Cami Swanson 6340 Teton Lane Chanhassen, XW 55317 952-380-1503 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 05-19 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 21, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance to allow a substandard driveway to be utilized as a private street to serve more than one lot on property located at 6281 Teton Lane. Applicant: Jerry Story. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen A]-Jaff, Senior Planner Email: saliaff@ci.chanhassen.mn.us Phone: 952-227-1134 (Publish in the Chanhassen Villager on June 9, 2005) SCANNEO CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF M]NNESOTA) ) ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly swom, 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. Karq� J. En t9d" D(Wty Clerk Subscribed and swom to before me this a#LhdaY- of, --,L ne 2005. KIM T. MELW&%N Notary Public -Minnesota MyCWffliW9WE*kWJM31,2M0 ScAtoiao Notice of Public Hearing Chanhassen Planning Commission Meeting Date &Time: Tuesday, June 21, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a variance to allow a substandard driveway to be Proposal: utilized as a private street to serve more than one lot. Planning File: 05-19 Applicant: Jerry Story Property 6281 Teton Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1 . Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen Al-Jaff at 952-227-1134 Questions & or e-mail sal'aff @ci.chanhassen.mn.us' If you choose to Comments: submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at hftp://206.10.76.6/weblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in wifing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a pan of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerclaVindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persoms). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 21, 005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance to allow a substandard driveway to be Proposal: utilized as a private street to serve more than one lot. Planning File: 05-19 Applies t: JerrV StorV Property 6281 Teton Lane Location: A location map Is on the reverse side of this noticaL The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1 . Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff at 952-227-1134 Questions & or e-mail sal'aff @ci.chanhassen.mn.us. If you choose to Comments: submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at http://206.10.76.6/webi Ink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim uses, Weiland Alterations, Razonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notifi application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. Them reports are available by request. At the Planning Commission meeting, stall will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission WII close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes areutaken and any correspondence regarding the application will be included in the report to the City Council. If yc h to have something to be included in the report, please contact the Plannino Staff person named on the notification. is This mato is neither a legaily worded mad, nor a survey and is not intended to be used as ons. Irlhis mad is a cornplation of words, Information and data lacesed in various city, county, state and federal offices and other scurces regammig Me areat shown, and is W ps, used for reference purposes only. The City does not warrant that Me Geographic Informl System (GIS) Data used to prepare this map am error free and! Me City does not represent that Me G IS Data can the used for navigational, tracking or my other purposs, requiring eiwting measurement of distance or direction or precision in the depiction of geographic features. If empre or discrepancies am found please contact 952-227-1107. The preceding thslaimer is mMded Pursuant to Minnesota Statutes §466,03, SuIdd. 21 (21X)O), and the user of this map acknowledges that the City she not be liable for any damages, ard expressly W&ves all claims, and agrees to defard, demnity. and hold harnmess, Me City from any and all daims brought by User, its employeas or agents, or third pan" which arm out ot the users access, or use of data movidec. �is map is neither a legaily worded mad, no, a sume, and is not Intended 10 be used as me This map is a completion of words, informadion and data located! in vadws city, county, state and fedecal offices and other sources regarding Me area shown, aid is to be used for references purposes; only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this majo am error free and the City does not represent that the GIS Data can be used! for navigational, traclung or any other purpose requiring notching measurement of distance or direction or precision in Me depiction of geographic features, If emors or discrepancies am found please contact 952-227-1107. The lamming disclaimer is pro,nded pursued to Minnesota Staturnes §466.03, Subd 21 (20W), and MB user Of this map acknowledges Mat the City shol not bet liable for my clamages. and eVressly Waives all clam, and agrees to defend, indemnify, and hold harmless the City from my and all dal brought by User, its ernVoyees or agents or Mid parses wthich anse out of ths, users access or me of data provided. Public Hearing Obtification Area Ap (500 feet) Story Variance Planning Case No. 05-19 6281 Teton Lane City of Chanhassen Lilac Lane -13 0 as ake 0 Ashton Court re Subject Property r,00 Teton Lane ot View Road 0) 'U 0 CID C7 co Stratton Court me < CL 0 4 I , . 0 0 MOLLY M BROOKS LEONARD E & ANN B WARE CHARLES H & DONNA J PICKARD 6209 POWERS BLVD 1225 LILAC LN 1215 LILAC LN CHANHASSEN, MN 55317 -9434 EXCELSIOR. MN 55331 -9053 EXCELSIOR, MN 55331 -9053 RONALD W & KIMBERLY A OLSEN ARROWHEAD DEVELOPMENT CORP CHARLES A STRICKHOUSER & 1140 WILLOW CRK 5400 OPPORTUNITY CT FELICIA E STRICKHOUSER CHANHASSEN, MN 55317 -9435 SUITE 150 1150 WILLOW CRK MINNETONKA, MN 55343 -9088 CHANHASSEN, MN 55317 -9435 ANN 8 WARE & CHUE HER & CLAUDETTE WHITE LOIS A BOWEN TRUST TAO YANG 6260 POWERS BLVD 1225 LILAC LN 6250 POWERS BLVD CHANHASSEN, MN 55317 -9434 EXCELSIOR, MN 55331 -9053 CHANHASSEN, MN 55317 -9434 GARY P & LEORA F MATTILA JOHN R & MARY JO FLATLEY BRUCE F DREBLOW & 1321 ITHILIEN 1311 ITHILIEN DIANE J YEAGER EXCELSIOR, MN 55331 -9032 EXCELSIOR, MN 55331 -9032 1145 WILLOW CRK CHANHASSEN, MN 55317 -9435 GEORGE R & SHANNON BURKS GARY A & KAREN J DOHSE JERRY STORY 1155 WILLOW CRK 6251 TETON LN 12137 88TH PIL N CHANHASSEN, MN 55317 -9435 EXCELSIOR. MN 55331 -9054 MAPLE GROVE, MN 55369 -3D05 ROBERT L RABE PETER J & ANNETTE L KOROLCHUK KIRK A & CAMILLE M SWANSON 6307 TETON LN 6330 TETON LN 6340 TETON LN CHANHASSEN , MN 55317 -7528 CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -7527 NAOMI RUTH CARLSON JAMES J JOHNSON & BRENT W & DIANE E FESTER KRISTIN M SOLIE-JOHNSON 5955 CATHCART DR 6350 TETON LN 6421 BRETTON WAY EXCELSIOR, MN 55331 -8916 CHANHASSEN, MN 55317 -7527 CHANHASSEN. MN 55317 -7508 DAVID L & JOAN K PRIEM KURT R & GAIL A WOOD FRANCO C LORIS 6360 TETON LN 6390 PLEASANT VIEW OV PO BOX 415 CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -9263 EXCELSIOR , MN 55331 -0415 GREGORY S & PATRICIA J BAZANY CATHERINE J GUY DANIEL J & PAMELA J FELLER 6420 BRETTON WAY 6341 TETON LN 6430 BRETTON WAY CHANHASSEN, MN 55317 -7507 CHANHASSEN, MN 55317 -7528 CHANHASSEN, MN 55317 -7507 THOMAS K & ELIZABETH O'CONNOR JOHN W JR & SUSAN E KUNITZ CHRISTIAN S & MAUREEN CONNERY 6431 BRETTON WAY 6441 BRETTON WAY 6440 BRETTON WAY CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -7507 0 0 LAWRENCE E & KATHLEEN M KERBER PAUL T & MAUREEN M SINKLER JIMMY D SHADLER 6420 POWERS BLVD 6451 BRETTON WAY 6450 BRETTON WAY CHANHASSEN, MIN 55317 -9434 CHANHASSEN, MN 55317 -7508 CHANHASSEN, MIN 55317 -7507 THOMAS & MOLLY BERGFAUK MARCUS R &JENNIFER A ZBINDEN 6461 BRETTON WAY 6460 BRET70N WAY CHANHASSEN, MIN 55317 -7508 CHANHASSEN, MIN 55317 -7507 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 05-19 NOTICE IS HEREBY GIVENthat the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 21,2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance to allow a substandard driveway to be milizedasalinvatestreettoservemore it= one lot on property located at 62BI Teton Lane. Applicant; Jerry Story. A plan showing the location of the proposal is available for public review at City Hall during regular busmiess; hours. Ali interested persons are invited to attend this public hearing andexpressUieiropinionswithrespect to this proposa. Sharmmn Al- Jaff, Senior Planner Email: sabaffRci.chanhassen.mmus Phone: 952-227- 1134 (Published in the Chanhassen Villager on Thursday, June 9, 2005; No. 4454) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has fail knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33 1 A.02, 331A.07, and other applicable laws, as aniended. (B) The printed public notice that is attached to this Affidavit and identified as No.yy:& was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut fimin the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefgIWklmnopqrstuvwxyz Subscribed and swom before me on RATE INFORMATION Laurie A. Hartmann GWEN M. RADUENZ NICT42Y PUBLC - P,'VES07A 1"Y urnsv) 51w� An 31, 2010 Lowest classified rate paid by commercial users for comparable space .... $22.00percolum inch Maximum rate allowed by law for the above matter ............................... $22.00 per column inch Rate actually charged for the above matter .............................................. $11.18 per column inch A. City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 W10F (952) 227-1100 To: Jerry Sto 12137 71 Place North Maple Grove, MN 55369 Ship To: 0 Invoice SALESPERSON DATE TERMS KTM 6/9/05 upon receipt 35 1 Property Owners List within 500'of 6281 Teton Lane (35 labels) TOTAL DUE Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-19. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! $3.00 1 $105.00 $105.00 *CANNED 0 e Nl� Public Hearing 19otification Area M@O (500 feet) Story Variance Planning Case No. 05-19 6281 Teton Lane City of Chanhassen Lilac Lane as ake Ashton Court Bre Subject Property r'Oe Teton Lane f View Road 0 (D I Co Ca Stratton Court e < -4 RONALD W & KIMBERLY A OLSEN ARROWHEAD DEVELOPMENT CORP CHARLES A STRICKHOUSER & 1140 WILLOW CRK 5400 OPPORTUNITY CT FELICIA E STRICKHOUSER CHANHASSEN, MN 55317 -9435 SUITE 150 1150 WILLOW CRK MINNETONKA, MN 55343 -9088 CHANHASSEN, MN 55317 -9435 ANN B WARE & CHUE HER & LOIS A BOWEN TRUST TAO YANG CLAUDETTE WHITE 1225 LILAC UN 6250 POWERS BLVD 6260 POWERS BLVD EXCELSIOR, MN 55331 -9053 CHANHASSEN. MN 55317 -9434 CHANHASSEN, MN 55317 -9434 GARY P & LEORA F MATTILA JOHN R & MARY JO FLATLEY BRUCE F DREBLOW & 1321 ITHILIEN 1311 ITHILIEN DIANE J YEAGER EXCELSIOR, MN 55331 -9032 EXCELSIOR, MN 55331 -9032 1145 WILLOW CRK CHANHASSEN, MN 55317 -9435 GEORGE R & SHANNON BURKS GARY A & KAREN J DOHSE JERRY STORY 1156 WILLOW CRK 6251 TETON LN 12137 88TH PL N CHANHASSEN, MN 55317 -9435 EXCELSIOR, MN 55331 -9054 MAPLE GROVE, MN 55369 -3005 ROBERT L RABE PETER J & ANNETTE L KOROLCHUK KIRK A & CAMILLE M SWANSON 6307 TETON UN 6330 TETON LN 6340 TETON LN CHANHASSEN, MN 55317 -7528 CHANHASSEN, MN 55317 -7527 CHANHASSEN. MN 55317 -7527 NAOMI RUTH CARLSON BRENT W & DIANE E FESTER JAMES J JOHNSON & 5955 CATHCART DR 6350 TETON LN KRISTIN M SOLIE-JOHNSON EXCELSIOR, MN 55331 -8916 CHANHASSEN, MN 55317 -7527 6421 BRETTON WAY CHANHASSEN. MN 55317 -7508 DAVID L & JOAN K PRIEM KURT R & GAIL A WOOD FRANCO C LORIS 6360 TETON UN 6390 PLEASANT VIEW OV PO BOX 415 CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -9263 EXCELSIOR, MN 55331 -0416 GREGORY S & PATRICIA J BAZANY CATHERINE J GUY DANIEL J & PAMELA J FELLER 6420 BRETTON WAY 6341 TETON LN 6430 BRETTON WAY CHANHASSEN, MN 55317 -7507 CHANHASSEN, MN 55317 -7528 CHANHASSEN, MN 55317 -7507 THOMAS K & ELIZABETH O'CONNOR JOHN W JR & SUSAN E KUNITZ CHRISTIAN S & MAUREEN CONNERY 6431 BRETTON WAY 6441 BRETTON WAY 6440 BRETTON WAY CHANHASSEN, MN 65317 -7508 CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -7507 0 0 MOLLY M BROOKS LEONARD E & ANN B WARE CHARLES H & DONNA J PICKARD 6209 POWERS BLVD 1225 LILAC LN 1215 LILAC LN CHANHASSEN, MN 553`17 -9434 EXCELSIOR. MN 55331 -9D53 EXCELSIOR. MN 55331 -9053 RONALD W & KIMBERLY A OLSEN ARROWHEAD DEVELOPMENT CORP CHARLES A STRICKHOUSER & 1140 WILLOW CRK 5400 OPPORTUNITY CT FELICIA E STRICKHOUSER CHANHASSEN, MN 55317 -9435 SUITE 150 1150 WILLOW CRK MINNETONKA, MN 55343 -9088 CHANHASSEN, MN 55317 -9435 ANN B WARE & CHUE HER & LOIS A BOWEN TRUST TAO YANG CLAUDETTE WHITE 1225 LILAC UN 6250 POWERS BLVD 6260 POWERS BLVD EXCELSIOR, MN 55331 -9053 CHANHASSEN. MN 55317 -9434 CHANHASSEN, MN 55317 -9434 GARY P & LEORA F MATTILA JOHN R & MARY JO FLATLEY BRUCE F DREBLOW & 1321 ITHILIEN 1311 ITHILIEN DIANE J YEAGER EXCELSIOR, MN 55331 -9032 EXCELSIOR, MN 55331 -9032 1145 WILLOW CRK CHANHASSEN, MN 55317 -9435 GEORGE R & SHANNON BURKS GARY A & KAREN J DOHSE JERRY STORY 1156 WILLOW CRK 6251 TETON LN 12137 88TH PL N CHANHASSEN, MN 55317 -9435 EXCELSIOR, MN 55331 -9054 MAPLE GROVE, MN 55369 -3005 ROBERT L RABE PETER J & ANNETTE L KOROLCHUK KIRK A & CAMILLE M SWANSON 6307 TETON UN 6330 TETON LN 6340 TETON LN CHANHASSEN, MN 55317 -7528 CHANHASSEN, MN 55317 -7527 CHANHASSEN. MN 55317 -7527 NAOMI RUTH CARLSON BRENT W & DIANE E FESTER JAMES J JOHNSON & 5955 CATHCART DR 6350 TETON LN KRISTIN M SOLIE-JOHNSON EXCELSIOR, MN 55331 -8916 CHANHASSEN, MN 55317 -7527 6421 BRETTON WAY CHANHASSEN. MN 55317 -7508 DAVID L & JOAN K PRIEM KURT R & GAIL A WOOD FRANCO C LORIS 6360 TETON UN 6390 PLEASANT VIEW OV PO BOX 415 CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -9263 EXCELSIOR, MN 55331 -0416 GREGORY S & PATRICIA J BAZANY CATHERINE J GUY DANIEL J & PAMELA J FELLER 6420 BRETTON WAY 6341 TETON LN 6430 BRETTON WAY CHANHASSEN, MN 55317 -7507 CHANHASSEN, MN 55317 -7528 CHANHASSEN, MN 55317 -7507 THOMAS K & ELIZABETH O'CONNOR JOHN W JR & SUSAN E KUNITZ CHRISTIAN S & MAUREEN CONNERY 6431 BRETTON WAY 6441 BRETTON WAY 6440 BRETTON WAY CHANHASSEN, MN 65317 -7508 CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -7507 LAWRENCE E & KATHLEEN M KERBER 6420 POWERS BLVD CHANHASSEN, MN 55317 -9434 THOMAS & MOLLY BERGFALK 6461 BRETTON WAY CHANHASSEN, MN 55317 -7508 0 PAUL T & MAUREEN M SINKLER 6451 BRETTON WAY CHANHASSEN. MN 55317 -7508 MARCUS R & JENNIFER A ZBINDEN 6460 BRETTON WAY CHANHASSEN, MN 55317 -7607 0 JIMMY D SHADLER 6450 BRETTON WAY CHANHASSEN, MN 55317 -7507 CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: KARON STORY Date: 06/14/2005 Time: 3:07pm. Receipt Number: DW 6226 Clerk: DANIELLE CIS LIST #05-19 ITEM REFERENCE ------------------------------------------- AMOUNT CIS CIS LIST #05-19 CIS LIST 105.00 Total: Check 19553 --------------- 105.00 105.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! SCANNED CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952 2271100 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: 952227.1310 Senior Center Phone: 952,227.1125 Fax: 952.227.1110 Web site wwwoi.c1ranhassen.mirrus 0 MEMORANDUM TO: Sharmin Al-Jaff, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: June 8, 2005 SIl Variance request to allow a sub -standard driveway to be utilized as a private street to serve more than one lot on property located at 6281 Teton Lane. Planning Case: 05-19 I have reviewed the variance for the above project. In order to comply with the Chanhassen Fire Departmerl Prevention Division, I have the following fire code or city ordinance/policy requirements. The plan review is based on the information supplied at this time. If additional plans or changes are submitted, the appropriate code or policy items will be addressed. 1. A 10 -foot clear space must be maintained around fire hydrants, i.e., streetlamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and fi-ansformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 2. Fire apparatus access roads (driveways) shall have an unconstructed width of not less than 20 feet per Nfinnescita Fire Code Section 503.2. 1. 3. 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. 4. 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 503.1.12000 Minnesota Fire code. The City of Chanhassen - A growing community with clean lakes, quality schools, a chatarning downtown, thriving businesses. winding trails, and beautiful parks. A gfeat place to live, work, and play. Sharmin A]-Jafle June 8, 2005 Page 2 5. 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. 6. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 7. 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. 8. 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. g:\&afety\mI\pImv05-19 June 7, 2005 Ms. Sharmeen Al-Jaff Planning Commission Re: Planning File: 05-19 From: Property Owners Mr. and Mrs. Jerry Story 612-275-9897 Dear Ms. Al-Jaff- CITY OF CHANHASSEN RECEIVED JUN 1 4 2005 CHANHASSEN PLANNING DEPT 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 properfies 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 ftiture 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 Date: May 24, 2005 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department 0 By: Sharmeen AI-Jaff, Senior Planner Subject: Variance request to allow a substandard driveway to be utilized as a private street to serve more than one lot on property located at 6281 Teton Lane. Planning Case: 05-19 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on May 18, 2005. The 60 -day review period ends July 17, 2005. In order for us to provide a complete analysis of issues for Planning Cornmission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on June 21, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than June 10, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. US. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - Print Data/Map 0 Page 1 of I PID# 256820060 :#.. I _- f �dk A VP X Is-ROO r- !FFM- Vv--Z-4�-f �r- rA On , � A r Iry ZO ff It. tO 21W t jib. r4r N ilk it 4i MapCumWdbyCa�-iCzijntft office air Legend [Parcel mformation CHANHASSEN, MN dow 112137 98TH PL N "Tee US HigImays LIN ffig�m ]MAPLE GROVE. MN 55369 . CSM IParcel ProperdeS -- -- —7:1 11 'S �Gl =Ac,,— 15.6, ain ese, N fHQd,.ti;dYer Built. 1946 Residential Footprint Sq Ft. 808 Lal� pamels Scbool District: 0276 L Pem] phve [Parcel Location Tovmsbip: 116 1 Section: 02 1tange.- 023 jPqyable Year 2006 =Vast Salernformation Est Market Value Land: $118800 Est Market Value Building- $39400 Last Sale NOT ON FILE Map Created: ,&2005 Est Market Value Total: S 158200 CARVER COUNTY GIS DISCLAIMER: This map Aim cirated wing Carver County's Geographic Information System �GIS), it is a compilation 40 of information and dam from vanous City County, State, and Fedend OffiML This map is M a surveied or legally morded map and is intended to be used as a n�fcmnce. Carver County is not responsible for any maccuracies contained herein. http://l56.99.124.167/website/parcel—intemet—recap/Printdatamap.asp?PID-256820060 5/6/2005 SCANNED CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN Payee; KAREN STORY Date: 05/20/2005 Receipt Number: DW Clerk: DANIELLE VARIANCE 05-19 ITEM REFERENCE ---------------------- DEVAP VARIANCE 05-19 USE & VARIANCE RECORDING FEES Total: Check 19540 0 MN 55317 Time: 3:32pm. 6166 AMOUNT -------------------- 200.00 50.00 --------------- 250.00 250.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! WMNIED PLEASE PRINT 0 0 Planning Case No. ()cs— I q CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 CITY OF CHANHASSEt4 Chanhassen, MN 55317 — (952) 227-1100 RECEIVED DEVELOPMENT REVIEW APPLICATION MAY 1 8 2005 ChIMHASSEly PLANIYING DEpr Name and Address: Owner Name and Address: eze-Y 's-roe—Y _30- rv% e_ - R a 0 S.:— y Phone:'%�-qq3-�A�ap Fax: �,ct�v_ Email: 5 t -o gf j�, g oc) K Q H sN , c c .&j Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Contact: Phone: Fax: Email: Temporary Sales Permit Vacation of Right-of-Way/Easements X-1 Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign x Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB TOTAL FEE $ 250, 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 81/2" X 11 " reduced copy for each plan sheet along with a @gital copy in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each applicatior"... 0 0 PROJECT NAME: 1S'roP,,(BRooK L,�NF- LOCATION: Loa I Tr -Tom LANe LEGAL DESCRIPTION: S GOT - ()a -F\A,)P - It (o JR AN Ge -oj�'-1 R L -c,, j P/D TP\/ACT 6 J�LS ae TOTALACREAGE: VAPL�(\.)Cg To tXSj�7 Ac -,(-e S /qf -eG&e -F WETLANDS PRESENT: YES NO PRESENT ZONING: R S F - REQUESTED ZONING: R s r - PRESENT LAND USE DESIGNATION: IN G 1-6 F A M I L -V REQUESTED LAND USE DESIGNATION: SINGL-L� r-4mic-V REASON FOR REQUEST: ROAQ VAPL�(\.)Cg To tXSj�7 E-X�ST-Iry& /qf -eG&e -F =Py'luat-e, dr I �C- (- LAJ '�T-ep- ISL-iL�je -1-WIS 864,C) WOU-1-C!) 1ILF, ASE - 3 L-) -Ft (a -F P Po P I- P- 1:�( L N C: —T Ff 6 S �k (z, ()W k) r- R 1� HA L) i�� Rr- ru s e r) —I o LL- Ex T P, A A 0 Q F t> A Se AlEx) 7- J-6 P -KO P 6 12 T Y 4 6 R I e- A (2 s THG Cl- -r\l Y Co u o r �/ &)w G�rlitT- ACC6�-S-S, LAk)O -ig -/- CKQLt/V,F0 F-koA-4 A 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 speciff ic 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. A A M 45- Sig�r of Ap�bant Date Signature of Fee Owner Date WAUMM aMWiO�$\Development Review APPlication-DOC Rev. W06 Order 0 Carver County Parcel Buffer Notification Request This is your confirmation that your request was received at 5/17/2005 8:08:09 AM. Please print this off for your records. Confirmation Number = 179 Billing Information: Jerry Story 12137 88th Place no. Maple Grove MN, 55369-3005 (763)493-2920 storybrook@msn.com Searching using PID: R25.6820060 Search Distance = 500 Feet Delivery Method = EMail List For some reason the request cw� not be completed, the CarverCounty G IS Office will contact you by phone or email. Otherwise you request will be completed as soon as possible. htfn-/11 C%f 00 IM I Page I of I 4 117 /)AOIZ SCANNED :33 M FROM: PAGE: 001 OF 002 No. 7-K at.. MtUrt, Mad, �k . . _ . _.-dy of ....... AXLVJ1t I - L' - I 19"69LL" PRECISION WOU ; �_V Me laus of th* State of ...... . ...... MAD4,00t.4"LL .... . . ........... . .. .. party of the fi47t part, and Edmard 19. Strickland .V 'I ......... . ... - RMN-VA and State �arl-.V ..... . .... of 0W 86MUM41 FORK, IR(MV100, That this said party of the first part, in oonaideration of the eum of' to it in hand paid by the said partT ..... ....... of the amond p%H, Me reasipt whereof is h"y a4aknowledged, dow hareby Grant, Bargain. %it, and Convey unto the said pat.yL ............ of the second part,.. 110. hdn and asstgns, Forow, all the bait . ......... or pGrool ............ of land king and being in Me County of . ........... � URM- -- --------- L - . ...... ... - ...... and State of Minnesota, described as follows, t�wil.- That part of Tract "B", Registered Land Survey No. 28, Carver Countyp Kinnesota described as followai Gcowmcij4 at Northeast corner of said Tract "B"p thence due South along East line of said Tract, 197#74 feet; thence South 88'C4t West, 331-7 feet to actual Point of beginning; thence continuing South WOO 'West, 45 feet; thence North 1&56, Weatj 65 feet; thence South 88'041 West 42 foot; thence South 10561 Nut (East) 65 feet; thence South 88'061 West, 58 feet; thence North 77*440 West, 58 festj thence North 670441 West, 67 feet; thence North 85*141 West, 38.94 feet to a Point in West line of said tract, distant 1.45-22 foot South of Northwest corner thereofj thence Northerly 145.22 feet to said Northwest cornerj thence Easterly along North line of said tract 295-54 feet to an intersection with a line bearing North 1'561 West from actual point of beginning; thence South 3�561 East, 194.28 feet to actual point of beginning. Etiler DESCRIPTION o wmn 2H Four Emman emat part oTTra-cT-V 5 Land ftrvay No. 280 Carver County, Minnamota described as strip of land 14 feet in width, the Northirly line of said strip being described as followsi Beginning at point in East line of said Tract "Bn distant 197.74 feet South of Northeast corner thereof; thence South W04t Weati 331.70 feet to actual point of beginning of line to be described, thence continuing South 88'041 West, 145.00 feetj thence North 77'441 weetx 58 feet; thence North 67""1 West 67 feetj thence North 85'141 West, 38-94 feet to a point in Westerly line of said Tract, distant 145.22 feet South of Ncrthwest corner thereof and there terninating. DEED TAX DEED TAX DEED TAX DIED TAX WO JbAbt 80b to WIb 10 64019, Together with all the hAredaaments and appartisnanom therounto bolongis&Y, m in anywiss appertaining, to Me said part.7 ....... .. -of As second part . ...... his .... ...... ... ...heirs and aeoigns, forever. dnd the MAZOLONJIMMM.NG CORPORMIM. ' . . . . . ................ .. .. party of Me first part, for Itself and its successors, does oavonaa with the said part..3r.. __. ...... of the #wad part, his, - heirs and an6hw, that It is well setted in fee of the lands and prommises aforesaid, and Am good right to sell and conrep the same, in manner and form aforesaid, and that as same, �re free fromall Ineumbratmea ................ . . . .. ....... ............... . . .. . ...................... . ... . ............... ................. . ........... . ........... . . .. . ............... . ..... _... -dftd the above bargained and jranUd lands and prernises, in Me quiet and peace,able possess" of the Paid parf.7 ....... . ... of tho noond part . ..... his ....... helm and a*eijns, against all poraons lawfully claiming or M vlabn the whole or any part thareat, subject to tamw0ranew, if any, horeinbefore mentioned. the said Party of the flrO part Will Warrant and, Defend. 311 11UOUITIM? MbMOL 27re said flW party has earumd 9�� presents to be &zsoutad I?& its corporate namo by ..._ ........ Prepid�nt and Ila ... t_a4d U4 eorporu& 9m, to be hereunto a#Lrtd the day and &wwfirat above written. 5/25/2005 10:33 M FROM: Carlson Fax TO: 227-1934 Form No. 7-hL PAGE: 002 OF 002 MM,.e o.- 3�99K Van.. Ue.� BUWN (loll). of, ...... SevIenber . .... 19 e4� Urto Made W4 ..... ... .... . .......... � eA-k— pacISION MUFACTURING CORPORATION party of the first Part, and law# of the State of . ....... Ratliff and Joanne M. latlif f Husband arld Wife of the Cmnty Of jbr4qP4R. ... - ....... I ...... ... and Stats of._... ...... jg�jaqta .. .................. .. .. ........ . part ies ..... of the second part, Wjtnds�tjt, Tw the said party Of the pw part, in conmiddrMUGn Of the $am of . ... ...... ...... -- :7� :!� DOLLARS, ..... ......... . sosipt whe-oof Is hireby aaknouWj6d, to It In lond paid by the said Part-:'" of the second part, 00 r the Sao part,.I.Qp.. of the second part, their do,, hereby Grant, Bargain, Bell, and C61"Y IM heirs and assilm, Forever, all the tract. parml ........... of land lyinjf and beinj In the COantY of j4tr 7pro ..................... ....... and State of X1.1l"Yota, diaoribed as follaos, to -w" -- T I h t - port of Tract P, Registered Land Survey NO- 26, Carver Countyj Minnesota described as fG1111100t Ccmmencing at Northeast corner of said 'root, B0 thence due 3outh 'got; thence South BrOh' "a' I d tract ?11-74 f West 1";"t' al along East line of sai of said tract Ill fast; thence on h 8i thence North parallel with the Fast line North line of said tractl west, 165.85 feet; thence North f56, vast 194.28 feet to to actual point, of beginning. thence Easterly along North line of said tract 338.38 feet `gNTl Minnesota described DESCRIPTION OF FOURT_E:2Vz.,FC2`T �EASEH juyvey No. 28, Carver County, That part Of Tracir, B, Registered Land ! *Northerly line of said strip being described as strip of land 11, feet in width; th r&et Bs distant 197.74 feet as follows% Beginning at a point in Ust line of said I teatq 165-85 feet to actual South of Northeast corner thereof; thence South 68*041 1A South 88wo4i west 310.e5 point of beginnim§ of line to be describadq thence continuing hence North ft, thence North 77 Ul West, 58 feet; thence North 67040 West., 67 feet; t 85614' West 38A feet to a Point in wl'st*rly 31ne of said tract, distant 145-22 feet South of Northwest earlier thereof and there tervdnating. DHD�V 9) E�!� k V,J) 7^00 -,,4 -17,- r"ntr and appurtonanow tholtUntO j�abe allb 10 joolb tbt &anit, yogether loWt all the heredita belonitnI, or in aWviso appartaininj to the said part'P�.-. Of th, second pa?t, Astiv and a4slins, jormer. And the said .......... ... C. f . rp RK a ti a ....... ..... ..... ........ nd . ........ I .... ...... s , o . r . r ..... d . 0 . " ... 0 . 0 . v . e . ? . la .. n . t wUh tho s ai d part.. IAP. of the second party of the first Part, for UAW a IU sace's fed of the lan4le and promises afors�atd, and part, ..thM3.r.. ... heiij and assifne, that it &s well sitzed la 7* he hasdood Fight to sell and convey the awas in maww' and fm aforesaid, and that i samt are free from .11 inciambrancer . � ... ....... . ... . .. . . ...... . .... d and iranted lands and PremiScs, in W quiet and pow -sable powaslon of the Jnd the above barlainS their smi part.A4kg .,. -of the smond part,.... .-WF, and mQw. ajainst all Waons lawfally claiminj or to claim as whole or any part thereof, =b1sc4 0 neumbrances, if any, h&rotlibelore mentioned. tha party of the JIM part Will Warrant, and Defend. Sn reStinlonp Merest, The aid flrof WEY has caug,94 it" pTrAenft to be gxecatd in it@ corporate name by 118 Prearident and Its and U4 oorporate sua to N h_,rr Its" first above loritten. Anto aflLV6d the day and Vi ffm� 0 kocation Map 40 Story Variance Planning Case No. 05-19 6281 Teton Lane City of Chanhassen Lilac Lane as ake .5 O�- 0 Ashton Court re Subject Proper�ty GOqe Teton Lane t View Road O� I�p T 0 CD Stratton Court oe 0 4 SCANNED 0 April 8, 2005 Mr. and Mrs. Jerry Story 12137 88"'Place North Maple Grove, NIN 55369 Dear Mr. and Mrs. Story, This letter is a follow up to our meeting which took place on Thursday April 7,2005. As stated at the meeting you want to pursue variances for a requested subdivision. Utilizing the existing private driveway easement for access to the existing and potential second lot will require: I . A variance to allow a private street to serve the newly created subdivision. Ile criteria for a private street is attached (refer to Sec. 18-57 (r)). 2. The existing driveway will need to be upgraded to current standards for a private street, i.e. 7 -ton design, 20 feet wide, and a 30 -foot easement. This would require additional easement across property not owned/controlled by you. You wish to request a variance from these design standards. These variations do not meet the criteria used in evaluating deviations from the standards. These standards are outlined in section (18-22). 3. The City requires proof that the existing driveway easement benefiting your property will permit additional dwelling unit access. It is staff s determination that your property can be served via a public street which conflicts with the findings necessary to approve private streets. I am enclosing the subdivision ordinance which contains a list of data required for subdivision review, a development review application, a fee schedule, an application submittal deadline, and a copy of the planning Commission report regarding development of 6281 Teton Lane, dated March 15, 2005. If you have any questions or need additional information, please feel free to contact me. Sincerely, Kate Aanenson, AICP Community Development Director enclosure SCANNED Park & Recreation Phone: 952 227,1120 Fax: 952.22Tl 110 Recreation Center 2310 Cooler Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone 952.227 1130 Fax: 952.227.1110 Public Worlas 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 14'Access Easement Jerry Story 0& 1% F51 The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. TO: Planning Commission FROM: Sharmeen Al-Jaff, Senior Planner MYOF Matt Saam, Asst. City Engineer WNSEN DATE: March 15,2005 T700 Market Boulevard SUBJ: Development of 6281 Teton Lane PO Box 147 Chanhassen, MN 55317 BACKGROUND Administration Phone: 952.227.1100 Fax: 952.227 1110 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 Building Inspections parcel since 1991. Phone. 952.227.1180 Fax: 952.227.1190 The site is zoned Residential Single Family and has an area of 1.59 acres. The site is Engineering located west of Powers Boulevard, east of Teton Lane, and north of Bretton Way. It Phone: 952227,1160 Fax: 952.227.1170 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 Finance easement. The elevation of the subject site is approximately 32 feet above Powers Phone: 952 227.1140 Boulevard. Fax:952.227.1110 Park & Recreation Phone: 952 227,1120 Fax: 952.22Tl 110 Recreation Center 2310 Cooler Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone 952.227 1130 Fax: 952.227.1110 Public Worlas 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 14'Access Easement Jerry Story 0& 1% F51 The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Planning Commission Issue Paper — Jerry Story Property March 15, 2005 Page 2 Lack of adequate access has been the primary deterrent to the development of this site. ACCESS OPTIONS 1. Utilization Of Existing 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 0Z 13111 6250 6260 GARY A & KAREN J DOHSE 6251 TYI'ONLN 5330 ,URRYSTORY ROBERT L RABE 6281 TETON LN ZO 6307 TETON LN 6 �O 340 *Acces elftex 6�39 106 :81 Teton Lane 06 Legal Nex-con&rvning Business 6411 BRETTON WAY 6421 &420 6430 6431 0 Planning Commission Issue Paper —Jerry Story Property March 15, 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. 0 c) Would require additional right-of-way across property not owned/controlledby 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. 6420 6430 6431 3. New Driveway 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. 1225 liso OZ 1321 1311 6250 6260 850 GARY A& KARENJDOHSE 5251 =0N LrU4 6251 TETON LN 7. 6330 5 JERPQY STORY ROBERT L RABE 6281 TETON LN 6307 TETON LN 6340 F. ces emn to 6281 Teton Lane 6350 ��636O� LLegal Non-coxfi Bwi�s I I BRETT WAY &421 6420 6430 6431 3. New Driveway 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. 1150 L1321 1311 6250 6260 850 GARYA&KARENJDOHSE 6251 TEYON LN GARY A KkREN 625 TE N L N 1 It 6330 JERRY STO kROBERT L RABE 6281 TETON LN L 6307 TETON LN Arcess 6340 639 Access at to 6281 Teton Lane 6350 Legal Non-confinning Basixess Properly oftftlw City 6411 BRETTON WAY 6421 efchankWADVAL 63SU 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. gAp1an\sakjeuy storyl.dm Jerry Story 12137 88h 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 ID 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 mWeetfiffly 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, —/&-= ro " Z- Aj - Li M12 ON "41 -tire p Poo 'Z?� cl- -q4' �n —P� "p, 74 o r) W City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 May 7,2002 RE' 6281 MON LANE -PARCEL #25 6820060 Attention: Chanhassen Planning Commission -FXJF) 11�- � Gerald Story 5 10 Sweet Briar Lane Hopkins, MN 55343 (952) 935-9179 RECEIVED MAY 1 5 2002 CITY OF CHANHASSEN The purpose of this letter is to inform and update you regarding my land. I purchased this prop", 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 I decided to wait to develop the land. In 1999 1 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 ix anted to protest this, but the meeting was canceled several times and I was not informed of the final meeting date. The meeting took place without my knowledge, and permission was granted to divide the small piece of land and build h%D houses on it. I talked to Robert Generous last year and requested access to my land from Powers Boulevard over 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 Natole's property. I spoke with Mr. Natole and he did not want to develop the land or grant me access. This Icft me with the same problem; being landlocked and unable to develop my land. A short time ago I was informed that Mr. Natole 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 %-.rhat Robert Generous told me. H6 said the city ii ould like me to gain access to my land through a road across Natole's property. This road would mulmalh, benefit both Natele's former property and mine, and would solve the issue of my property being landlocked. It would also benefit the city because my land would be developed, new homes would be 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, GCr - alL AOM- (952)935-9179 TO: CITY OF CHANHASSEN ATT: PAUL KRAUSE RE: EASEMENT OF LAND DATE: MARCH 8,1991 Dear Sirs, FROM: LD '10RY G S 5 THAWAY LN. M MN _ 5534 9 4_1 57 IV , k 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 blk 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 28 part of tract B. Easement to be on northern most property line. Easement to be approximately 30 ft wide x 70 ft long and intersect at a 90rangle 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 Mn ST Statute4! 160.18. 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, 6AW"'e 2�� Gerald St — 2Z , 160.171. Repealed by Laws 1959, c. 500, arL 6, § 13 Historical Note I%e repealed section related to temporary roads. See, now, if 160.12, 161-25. 160.18. Access to roads; approaches Subdivision 1. 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 shall 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 any 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 1, 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 Uk 0 71! 0 160.18 HIGHWAYS; ROADS ROA of the right-of-way where the approaches are reasonably necessary and Practicable, so. as to Provide abutting owners a reasonable means of 0 access to such highway. In ge, Subd, 3, Approaches to serve Darticular uses. The owner or occu- Culve. pant of property a Drain. butting upon a miblic highway, having a right of direct Fill i Private access thereto, may pro%�ide such other or additional means of Neces regulation by and permit from Reaso Ingress from and egress to the highway as will facilitate the efficient use Sepan Of the property for a Particular lawful Purpose, subject to reasonable prevent interference with the con the road authority as i ble the highway and its appurtenances and the necessary to struction, maintenance a1snd safe use of 1. In Public use thereof. Forr 1-�aws 1959, c. 500, art. 1, 1 18. Amended by Laws 1975, '. 24, did not been a Interim Commission Comment, 19sq 91 195i access 'here the easement of means Minn -St -1957, § 160,241 provides that, except 14 Pubi premis access has been acquired. the road authority shall Provide suitable pf to a road and install culverts where they are reasonably neces- author "ry. Such a law could be int but Frmust provide a erpreted to mean that the road authority road m �butti suitable approach to a highway on demand ng Property owner, whether it is of the with t instances the cost of providing suitable aepreasesticable - In certain counh than the value of the entire or notou, to property c property. The proposed revision d be more 377-B. provides Prop that in cases where- a highway is already established and constructed the of d road authority shall furnish a substantial culvert where it is necessary ea f - 0 or suitable PProach to such highway ex hav rit 'cept where the easement of access has �:en acquired. It also provides, A7 of access has been acquired, that the road a except when th (z� Constru , e easement 2. Cu Cting a new highway shall construct suita they uthor,tY in laying out and Towi are necessary and pra ble approaches where L.- reasonable means of cticable SO 2S to provide abutting owners a SL211tia Q, to such high�ay. where, access such suitabi Derivation: Historical Note drivem Gen., : MinnSt.1957 160.24 The 1975 amendatory act, in subd. I in- 1940. r 943, § 25 A4inn.St.19 Uws 1957, c. 'Irted "Other than town bo 8t -19Z?, 1 160 31 boards" i ards and county Wht Gen -St. 192 2612. last n the first sentence and added the lished 3. § 2612 two sentences. ken u "A's 1921, 1. 323 172 PIrmer section: Minn St 1 160.: 1�ws 1915, . 117' 1 15* § 160.18 only t! Gen-SLI913, 1 25 11)"led by, Laws 1957 c 94 72. See, origin. now, § 160.06. 3 "aws 1913, 1. 235, 180. 26, 19 The Administrative Code ary U Dr,',eways. see Mr. Rules pt References No. 13 8810.4100 et seq. 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