Issue Paper 3-15-05
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
v^,^".ci .chanhassen.m n .us
TO:
Planning Commission
w
Mr. Jerry Story sent staff a letter regarding the potential development of 6281 Teton
Lane. Staff has had conversations with Mr. Story regarding the development of this
parcel since 1991.
The site is zoned Residential Single Family and has an area of 1.59 acres. The site is
located west of Powers Boulevard, east of Teton Lane, and north of Bretton Way. It
contains a single family home that is served by an Individual Sewage Treatment
System. The existing home gains access off of Teton Lane via a private access
easement. The elevation of the subject site is approximately 32 feet above Powers
Boulevard.
The City 01 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.
FROM:
Sharmeen AI-Jaff, Senior Planner
Matt Saam, Asst. City Engineer
DATE:
March 15, 2005
SUBJ:
Development of 6281 Teton Lane
BACKGROUND
14' Access Easement
J erryStCfY
--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.
3
1311 15
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330
1225
GARY A & KAREN JDOHSE
6251 TETON LN
ROBERT L RABE
6307 TETON LN
~IERRY STORY
6281 TETON LN
642'1
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.
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1225
1321
1311
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GARY A & KAREN J DOHSE
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ROBERT L RABE'~i';281'mON LN I
6307 TETON LN &"
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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 C01nmission
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.
JERRY STORY
6281 TETON LN
1150
:1
1321 1311 Ô
Ii;
f-<
GARY A & KAREN JDOHSE
6251 TEl'ONLN
A
ROBERT L RARE
6307 TETON LN
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Requested
new Access
639
Legal Non-cOJúontting Business
6411 BREITONWAY
6421
Property ofilie City
of Chanhassen
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 Jen'y Story dated May 7,2002.
3. Contour Map of 6281 Teton Lane and Surrounding Area.
g:\plan\sa\jerry story 1 ,doc
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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, aÌ1d 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
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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
Attention: Chanhassen Plarming Commission
The purpose of this letter is to Î1ûonl1 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 I received a notice of a public hearing
10 discuss the proposal to subdivide land adjacent to mine and build two habitat for humanity homes on that próperty. I
wanted to protest this, but the meeting was canceled several times and I was not infonned of the final meeting date, The
meeting took place without my knowledge, and pennission was granted to divide the small piece ofland and build two
houses on it
I talked to Robcrt Generous last ycar and requested access to my land rrom Powers Boulevard ovcr the small piece of
city property ncxt to my mine, At that time Generous said that the city would not allow a road to come in ITom Powers
Boulevard, but wanted a road to come in from Teton Lane instead, across Frank Natale's property. I spoke with Mr.
Nato1e and he did not want to develop the land or grant me access. This left me with the same problem; being landlocked
and unable to develop my land.
A short time ago I was infonned 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, Hê said the city would like me to gain access to my land through a road across Natole's property-This road \vould
mutually benefit both Natole's fanner property and mine, and would solve the issue of my property being landlocked, It
would also benefit the city because my land \vould be developed, new homes would be built on the pr:opèrty and revenue
would be brought in to the city in the fonn of real estate taxes and pennit fees for a new development Please See the
attached diagram, Thank you for your consideration.
Sincerely,
.,,,-'·c
Geral!.. ,-tory- (952)935-9179
· ' ''\,
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TO:CI1Y OF CHANHASSEN
ATT: PAUL KRAUSE
RE: EASEMENT OF LAND
DATE: HARCH 8,1991
FROM:
Dear Si rs,
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.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
o
30 ft wide x 70 ft long and intersect at a 90 angle to Powers Blvd.(see sketch)
The reason for such action is after contacting all property oWners on all
s ides of my property I fi nd that none of them are wi 11 i ng to gi ve 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,
b~~
Gerald Story
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160.171. Repealed by Laws 1959, c. 500, art. 6, § 13
Historic:al 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 substantial
culvert to an abutting owner in cases where the culvert is necessary for
suitable approach to a town road, provìded that at any annual town
meeting the ejectors 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
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§ 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 a right of direct
private access thereto, may provide such other or additional means of
ingress from and egress to the highway as will facilitate thèefficient use
of the property for a particular lawful purpose, subject to reasonable
regulation by and permit 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 pubJic use thereof.
Laws 1959, c. 500, art. I, § 18. Amended by Laws 1975, c. 24, § 1.
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Interim Commission Comment,1959
Minn.St.1957, § 160.241 provides that, except where the easement of
access has been acquired, the road authority shall provide suitable
access to a road and install culverts where they are reasonably neces-
sary. Such a 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 entÍl:e property. The proposed revision provides
that in cases where' a highway is already established and constructed the
road authority shall furnish a substantia! culvert where it is necessary
for suitable approach to such highway, except where the easement of
access has b€en acquired. It also provides, except when the easement
of 2ccess 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:
Minn.sU957, § 160,241. Laws 1957, c,
943, § 25.
Minn,St,1953, § 160.31.
St.1927, § 2612.
Gen.SU923. § 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, I, in-
serted "other than town lx>ards and county
boards" in the first sentence and added the
last two sentences.
Former section: Minn.St. § 160,18 was
repealed by Laws 1957, c. 943, § 72, See,
now, § 160.06. .
Administrative Code References
Driveways. see Mn. Ru1es pi. 8810.4100 et seq.
Library References
Highways rþ99, 120(1), (2).
C.J,S. Highways §§ 178, 186 to 188.
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