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5. Issue Paper 6281 Teton Lane CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone 952.227.1125 Fax: 952.227.1110 Web Site \'11'11'1. ci .chan hassen. m n. us w TO: Planning Commission FROM: Sharrneen AI-Jaff, Senior Planner Matt Saam, Asst. City Engineer DATE: March 15,2005 SUBJ: Development of 6281 Teton Lane BACKGROUND Mr. Jerry Story sent staff a letter regarding the potential development of 6281 Teton Lane. Staff has had conversations with Mr. Story regarding the development of this parcel since 1991. The site is zoned Residential Single Family and has an area of 1.59 acres. The site is located west of Powers Boulevard, east of Teton Lane, and north of Bretton Way. It contains a single family home that is served by an Individual Sewage Treatment System. The existing home gains access off of Teton Lane via a private access easement. The elevation of the subject site is approximately 32 feet above Powers Boulevard. 14' Access Easement Jerry Stcry. The City ot 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 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 ð 1311 Š f;; F-< GARY A & KAREN J DOHSE 6251 TErON LN 330 ROBERT L RABE 6307 TETON LN ~IERRY STORY 62tH TETON LN '" 1 ces, ement" to 6281 Teton Lane Legal Non"conforming BusÏ1tess 6411 BRETTONWAY 6421 6420 6430 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. '" .....,. 1150 1225 1321 1311 ~ Š IE f-< A .r=~ :¡,:¡._~ ~ I ~ '"""'""" ~ =- :J ~ a f-< «1 f-< ROBERT L RABE 6307 TETON LN ~~- '" ~!ti~~~TOO:iN ¡ ¿ 6330 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. 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. ~ ~ f-< «1 f-< ROBERT L RABE 6307 TETON LN JERRY STORY 6281 TETON LN f\ Requested new Access ~ 1321 1311 is f¡; f-o GARY A & KAREN JDOHSE 6251 TETON LN A 6330 6421 Property of the City of Ch:uthassen 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. A TT ACHMENTS 1. Letter from JetTY Story dated February 4,2005. 2. Letter from Jeny Story dated May 7,2002. 3. Contour Map of 6281 Teton Lane and Surrounding Area. . g:\plan\sa\jerry story I.doc Jerry Stoz 12137 88 Place North Maple Grove, MN 55369 612~275-9897 763-493-2920 February 4, 2005 Kate Aaneson Community Development Director 7700 Market Boulevard Chanhassen, MN 55317 Dear Ms. Aaneson: Your consideration regarding a development opportunity would be greatly appreciated. I am the property owner of 6281 Teton Lane, property ill R25.6820060, which is land locked. I have owned this property for 14 years, and during this time, have tried to negotiate with each of my neighbors for an easement with no success. The property is 1.59 acres and could be better utilized if it were divided. I would like the property to be divided into two separate lots. One lot would need a private drive and water and sewer access through a small, unused portion of land owned by the city of Chanhassen. Please see the attached plan for details. I respectfully request that this item be added to the agenda at the next Planning Commission meeting on February 15, 2005 for a preliminary discussion. Thank you for your consideration and attention to this matter. Sincerely, Jerry Story --.------- .---- . -/srolV LA). [IJ] O:::"~A;;6)~ ","'- < f· ,,"'- '0' '" ...... ~,..,. . v-" .~ "" fl." ""~" .' "'. '. ,- ",<. ' ". - '>. " :.' n ~:,>y> c:J .J" ' '-~ ~. ,.,..', "-'- I,/J '~ ,¡,tJ .- . ~~ ~.. - ',' . w . """~è"'/' "- OC,} , '~.~v:',", .... ~.... "\- ~'" .~ '",. '-. . ". '. ' "'. ' '. "'. C> .... " . ", -.,":' '\ '-. '. ~'. ....,.. "'-.. :~'\..' ,.¡ ". "', rc,\".". " ,hLitre /?/ Y 5 5-1:/ 1-/ (Y it'ií;;J ..::/ (J Á..1/ J 1î~ o 1: ?'- 0 \'>, o -- -ì ~ t: ~~ ~ ~ ~ V\ \}' .~\. ;,~ ~;;:.- " .l.a....f'. ~p ~ .Ii.' .-:> ~ . ~ ~ , \. ~ ~ ~ 5= ~ \,f\ F\ ~ ~ ': - ('\1\ () -\ 1 ~ --.9' ~ I.,;. ~ ìr I~ 11; Q! ¡ ;1 t,"'-81 ,nio\.., ......,'...... "t.... ^..'.:: ~( ~. ~ .~..' ð .~ ~ 'i\ 1 . 0) -\'7 i \t:;", ; ~ ~ --.' --... \.-' .........-1.. Gerald Story 510 Sweet Briar Lane Hopkins, MN 55343 (952) 935-9179 City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 RECEIVED MAY 15 2002 CITY OF CHANHASSEN May 7, 2002 RE: 6281 TETON LANE-PARCEL #25.6820060 Attcntion: Chanhassen Planning Commission Thc purpose of this letter is to infonn and update you regarding my land. 1 purchased this property in. 1991 with the plan of dhiding it into buildable lots. 1 sent the attached letter in March, 1991 and was told it would be considered. At that time the expense was too great, and 1 decided to wait to develop the land. In 1999 1 received a notice of a public hearing to discuss the proposal to subdi,idc land adjacent to mine and build two habitat for humanity homes on that pròperty. I wanted to protest this, but the meeting was cancel cd several timcs and I was not infonned of the final meeting date. The mceting took place without my knowledge, and pennission ,,,as granted to diyidc the small piece ofland and build two houses on it. I talked to Robcrt Generous last ycar and rcquested access to my land fÌom Powers Boulevard ovcr the small piece of city property ncxt to my minc. At that time Gcnerous said that the city would not allow a road to come in from Powcrs Boulcyard, but wantcd a road to come in from Teton Lanc instead, across Frank Natole's property. I spoke with Mr. Natolc and he did not want to develop the land or grant mc access. This left mc with thc same problcm; being landlocked and unablc to dcyclop my land. A short time ago I was infOImed that Mr. Natole sold his land to a developer. Thc 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. Hè said the city would like me to gain access to my land through a road across Natole's property. This road would mutually benefit both N atole' s fonner property and nÙ1le, and would solve the issue of my property being landlocked. It would also benefit thc city because my land ,vould be developed, new homes would he built on the propèrty and revenue would bc brought in to the city in the fonn of real estate taxes and pcrmit fees for a new development. piease see the attached diagram. Thank you for your consideration. Sincerely, ._.' c· ,~_ GeralL ftory- (952)935-9179 . . "I. "':. TO: CITY OF CHANHASSEN ATT: PAUL KRAUSE RE: EASEMENT OF LAND DATE: MARCH 8.1991 FROM: Dear Si rs. I would like to petition the city of Chanhassen for the right and permission for a 30 ft wide private drive easement across city property at or about the northern tip of b1k 100 P.84 at Powers Blvd. A1sò utility easement at same place for water/sewer/natural gas. 1 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 C> 30 ft wide x 70 ft long and intersect at a iO angle to Powers B1vd.(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 S1 Statute# 160.18. Access to the county road would be granted by the county if all requirements are met. An inspection Df this site will show that this is the best place to access at the county road. After talking to Bill Weckman the county engineer, the county woUld go-along with what the city approved. Sincerely. b~~ Gerald Story .....;... ~:~p. , . ". .fjf .-' :""~1 .~ - - ·, _.._-:t~-N.',,,->:.:.:~~._._o;... '" 1f1¡,:',... ·:·~É~j ·;.t~ -"-;,"", . '~f~ft~ ··-;;Y.~~"-~O:·iJiV; 11- .;.\1.... .....,,:. ¿õJ'''. ¿'lu ¿'UUII. o)o):t, 110) 1'1.n. un:. 160.171. Repealed by Laws 1959, c. 500, art. 6, § 13 Historical Note 'The repealed section related to temporary roads. See, now, §§ 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 substantiaJ culvert to an abutting owner in cases where the culvert is necessary for suitable approach to a town road, provided that at an)' 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 b~ 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 poHcy may include provisions for the payment of all or part of the costs of furnishing such culvefts 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 ----,-... .,,<-.-..... .-..;c := .,,;-. .:t ~:'~- ~ a '^()~ "'\ ,,- :Þ r ""\ f\\ 6" C> I: § 160.18 HIGHWAYS; ROADS of the right-of-way where the approaches are reasonably necessary and practicable, so' as to provide abutting owners a reasonable means of .access to such highway. Subd. 3. Approaches to serve particular uses. The owner or occu- pant of property abutting upon a public highway, having aright of direct private access thereto, may provide such other or additional means of ingress from and egress to the highway as wiU facilitate théefficient use of the properly for a particular lawful purpose, subject to reasonable regulation by and pennit from the road authority as is necessary to prevent interference with the construction, maintenance and. safe use of the highway and its appurtenances and the public use thereof. Laws 1959, c. 500, art. 1, § 18. Amended by Laws 1975, c. 24, § 1. 'V 6K p( /Jr ..¡ ~ .AJ?-- /'-ð tf~ <="-rr :.fy ~..." "'l( ~ k"~S £0 ."'~ -/ G- JY Interim Commission Comment, ·1959 Minn.St.1957, § 160.241 provides that, except where the easement of access has been acquired, the road authority shan provide suitable access to a road and insta ] culverts where they are reasonably neces- sary. Such a law could be interpreted to mean that the road authority must provide a suitable approach to a highway on demand of the abutting property owner, whether it is practicable or not. In certain instances the cost of providing suitable access to property could b€ more than the value of the entÎl;e property. The proposed revision provides that in cases where' a highway is already established and constructed the road authority shall furnish a substantial culvert where it is necessary for suitable approach to such highway, except where the easement of access has b€en acquired. It also pro\'ìdes, except when the easement of access has been acquired, that the road authority in laying out and constructing a new highway shall construct suitable approaches where they are necessary and practicable so as to provide abutting owners a reasonable means of access to such highway. Historical Note Derivation: Miñn.st.1957. § 160.241. Laws 1957, c. 943, § 25. Minn.St.1953, § 16Q.3l. SU927, § 2612. Gen.St.1923. § 2612. Laws 1921. c. 323, § 72. Laws 1915, c. 117, § 15. Gen.St.1913. § 2567. Laws 1913, c. 235. § 80. The 1975 amendatory act, in subd. 1, in· serted "other than town boards and county boards" in the first sentence and added the last two sentences. Þormer section: Minn.St. § 160.18 was repealed by Laws 1957. c. 943, § 72. See, now, § 160.06. . Administrative Code References Driveways. see Mn. Rules pt. 8810.4100 et seq. Library References Highways e:=>99, 120{l), (2). C.J.S. Highways §§ 178, IB6 to 18B. .46 ~ ~ 6-"'" '? 0 ~ ;~ . . J{~ ! ik"' -,-:¡;~-E -=- þ':'- .,. -. >-~ ROA In ger Culve. Drain. Fill ( Neces Reaso Sepan 1. In ForT. did not been a 9. 195f Publ means premis but pI author road 1\ with sl county 377-B- Prop of drí,· have a 2. Cu Towl stantia where. such c suitabl drivew Gen.. :. 1940. r Whl lished ken u: § 160.: only t1 origin: 26, 19: The ary w No. 13 Dut: rests . 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