PC Staff Report 6-21-05
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PC DATE: June 21, 2005
[1]
CC DATE: July 11,2005
CITY OF CHANHASSEN
REVIEW DEADLINE: July 17, 2005
CASE #: 05-19
BY: AI-Jaff, PO, ML, ST
STAFF REPORT
PROPOSAL:
A variance to allow a substandard driveway to serve as a private street to serve more
than one lot.
LOCATION:
6281 Teton Lane. ~
APPLICANT:
Jerry Story
12137 88th 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.
Location Map
Story Variance
Planning Case No. 05-19
6281 Teton Lane
City of Chanhassen
Lilac Lane
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SCANNED
Jerry Story Variance
Planning Case No. 05-19
June 21,2005
Page 2
BACKGROUNDWROPOSALS~RY
The applicant is requesting a variance to allow a substandard driveway to serve as a private street
and a variance from private street standards required by the subdivision ordinance. The ordinance
requires a 30-foot wide easement with a 20-foot wide pavement. The existing driveway easement is
14 feet wide. The subject site is zoned RSF, Residential Single Family, and is served by an
Individual Septic Treatment System. The site is located west of Powers Boulevard, north of Bretton
Way, and east of Teton Lane. The site contains a single family home that gains access via a 14-foot
wide access easement. This access easement is also utilized by the property owner to the west of
the subject site. The existing driveway easement is utilized by two homes.
The applicant, Mr. Jerry Story,
has had conversations with
staff regarding the
development of his property
since 1991. Staff appeared
before the Planning
Commission, under open
discussion, to get direction on
how to proceed with this
application. The Commission
advised the applicant to pursue
marketing the property as a
small estate. The applicant
wanted to further pursue
development of the site.
Rather than require the
applicant to submit a full set of
plans to subdivide the
property, staff advised the
applicant to request a variance to allow a private street to serve the future subdivision and a
variance to allow a substandard private street. If the City approves the variances, then the
applicant can invest in preparing engineered subdivision plans. Ultimately, the applicant wishes
to subdivide his property into 4 lots. This means 5 homes will gain access off of the private
street which will require another variance since the ordinance allows a maximum of 4 homes to
be served via a private street. Since this request did not include a subdivision, staff did not
address the number of homes served via the private street. This is a subdivision variance.
Therefore, this item will be forwarded to the City Council who will make the final decision.
ANALYSIS
The subdivision ordinance allows the consideration of variances to allow private streets to serve up
to 4 homes if they meet specific criteria for private streets and findings of subdivision variances.
Private streets must also be designed to specific standards. Staff will compare the applicant's
request against ordinance requirements and prepare an evaluation accordingly.
Jerry Story Variance
Planning Case No. 05-19
June 21, 2005
Page 3
(r) Private streets serving up to four lots may be permitted in the A2, RR, RSF and R4 if the
criteria in variance section 18-22 are met and upon consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to
construct a public street. In making this determination, the city may consider the
location of existing property lines and homes, local or geographic conditions and
the existence of wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the
public street system is not required to serve other parcels in the area, improve
access, or to provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural
resources, including wetlands and protected areas.
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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.
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There are no wetlands on this site and
as such the construction of a private street will not save natural resources. The requirements for
a private street are not satisfied since a public street will be required for the development of the
surrounding property.
--
6330
6421
6431
As mentioned earlier, the applicant is also requesting a variance from the private street standards
(30-foot easement or strip of land, and the 20-foot pavement width requirement as underlined
below).
Private street standards.
If the use of a private street is to be allowed, it shall be subject to the following standards:
(1) The common sections of a private street serving two units or more in the A-2, RR, RSF,
and R4 districts must be built to a seven-ton design, paved to a width of 20 feet, utilize a
maximum grade of ten percent, and provide a turnaround area acceptable to the fire
marshal based upon guidelines provided by applicable fire codes. Private streets serving
R-8, R-12, and R-16, shall be built to a seven-ton design, paved a minimum width of 24
Jerry Story Variance
Planning Case No. 05-19
June 21,2005
Page 4
feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the
fire marshal based on applicable fire codes. Private streets serving business, industrial
and office districts shall be built to a nine-ton design, paved a minimum width of 26 feet,
utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the
fire marshal based on guidelines provided by applicable fire codes. Plans for the street
shall be submitted to the city engineer. Upon completion of the private street, the
applicant shall submit a set of "as-built" plans signed by a registered civil engineer.
(2) Private streets must be maintained in good condition and plowed within 24 hours of a
snowfall greater than two inches. Covenants concerning maintenance shall be filed
against all benefiting properties. Parking on the private street or otherwise blocking all or
part of the private street shall be prohibited.
(3) Private streets that are not usable by emergency vehicles because of obstructions, snow
accumulation, or poor maintenance are a public safety hazard. The city may remedy such
conditions and assess the cost back to the property pursuant to M.S. S 429.101, subd.
l(C).
(4) The private street shall be provided with adequate drainage facilities to convey storm
runoff which may require hydrologic calculations for a ten-year storm should be
included. In the R-8, R-12, R-16 business, industrial, and office districts, these
improvements shall include concrete curb and gutter.
(5) Street addresses or city approved street name sign, if required, must be posted at the point
where the private street intersects the public right-of-way.
(6) The private street shall be designed to minimize impacts upon adjoining parcels. The city
may require revised alignments, specific building orientation, increased setbacks, and
landscaping to minimize impacts. An erosion control plan should be completed and
approved prior to construction.
(7) The private street in the A-2. RR. RSF. and R-4 districts. must be located within a strip of
property at least 30 feet wide extending out to the public right-of-way or covered by a 30-
foot wide easement that is permanently recorded over all benefited and impacted parcels.
Private streets serving R-8, R-12, R-16, business, industrial, and office districts, must be
located within a strip of property at least 40 feet wide extending out to the public right-of-
way or covered by a 40-foot wide easement that is permanently recorded over all
benefited and impacted parcels.
(8) Maintenance and repair of utilities located within the private street shall be the
responsibility of the benefiting property.
Sec. 18-22. Variances.
The City Council may grant a variance from the regulations contained in the subdivision
ordinance as part of the plat approval process following a finding that all of the following
conditions exist:
1. The hardship is not a mere inconvenience
2. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land;
3. The condition or conditions upon which the request is based are unique and not generally
applicable to other property;
Jerry Story Variance
Planning Case No. 05-19
June 21, 2005
Page 5
4. The granting of a variance will not be substantially detrimental to the public welfare and is in
accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive
plan.
Findin2: The applicant is requesting a 16-foot variance from the 30-foot wide easement
requirement, a 6-foot variance from the 20-foot pavement width requirement, and a variance to
allow a private street.
The existing home is accessed via a driveway easement across an adjacent parcel. This access is
adequate for one home but not potentially 5 homes. There are other opportunities to provide
access for the further development of the site. Therefore, the alleged hardship is a mere
inconvenience. The City requires all properties being subdivided to provide an adequate access.
This development appears premature without the development of adjacent parcels and the
construction of a public street for access. In other instances, properties must wait to develop until
adjacent properties develop. The granting of the variance will create a potentially detrimental
environment due to inadequate access.
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Planning Commission recommends denial of Variance 05-19 for a 16-foot variance from the
30-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width
requirement and a variance to allow a private street based on the findings of fact in the staff
report. "
Should the Planning Commission recommend approval of the application, staff recommends
adoption of the following motion:
"The Planning Commission recommends approval of Variance 05-19 for a 16-foot variance from
the 30-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width
requirement and a variance to allow a private street with the following conditions:
1. The City requires verification that the existing driveway easement benefiting your property
will permit additional dwelling unit access.
2. Fire Marshal Conditions:
a) A lO-foot clear space must be maintained around fire hydrants, i.e., streetlamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure
that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
b) Fire apparatus access roads (driveways) shall have an unconstructed width of not less
than 20 feet per Minnesota Fire Code Section 503.2.1.
Jerry Story Variance
Planning Case No. 05-19
June 21, 2005
Page 6
c) Dead end fire apparatus access road (driveways) in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus. Submit cul-de-sac
radius dimensions to Chanhassen City Engineer and Chanhassen Fire Marshal for review
and approval per Minnesota Fire Code Section 503.2.5.
d) Approved fire apparatus access roads (driveways) shall be provided for every facility,
building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of
Section 503 and shall extend to within 150 feet of all portions of the facility or any
portion of the exterior wall of the first story of the building as measured by an approved
route around the exterior of the building or facility. Exceptions: The fire marshal is
authorized to increase the dimension of 150 feet where the building is equipped
throughout with an approved automatic sprinkler system installed in accordance with
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Pursuant to Section 503.1.1 2000 Minnesota
Fire code.
e) Fire apparatus access roads (driveways) shall be designed and maintained to support the
imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving
capabilities. Pursuant to Minnesota Fire Code Section 503.2.3.
f) No burning permits will be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
g) The new proposed private street will be required to have a street name. Submit proposed
street name to Chanhassen Building Official and Chanhassen Fire Marshal for review and
approval.
h) Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
3. Building Official conditions:
a) Each lot must be provided with separate sewer and water services.
b) Address numbers must be posted on each home and on Teton Lane at the private drive
entrance.
c) Final grading plans and soil reports must be submitted to the Inspections Division before
building permits will be issued.
4. The private street shall be built to a seven-ton design and meet all private street standards with
the exception of those for which a variance is being granted.
Jerry Story Variance
Planning Case No. 05-19
June 21,2005
Page 7
ATTACHMENTS
1. Findings of Fact.
2. Issue paper dated March 15, 2005.
3. Letter from Jerry and Karon Story dated June 7, 2005.
4. Application.
5. Sketch of potential subdivision.
6. Affidavit of Mailing Notice.
g:\plan\2005 planning cases\05-19 story variance\variance report pc.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
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 AI-
Jaff, et aI, is incorporated herein.
ACTION
The Chanhassen Planning Commission denies the variance for a 16-foot variance from
the 3D-foot wide easement requirement, a 6-foot variance from the 20-foot pavement width
requirement, and a variance to allow a private street.
ADOPTED by the Chanhassen Planning Commission on this 7th day of June, 2005.
CHANHASSEN PLANNING COMMISSION
BY:
Planning Commission Chairperson
g:\plan\2005 planning cases\05-19 story variance\findings offact.doc
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.2271180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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TO:
Planning Commission
FROM:
Sharmeen Al-laff, 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 Laneyia a private access
easement. The elevation of the subject site is approximately 32 feet above Powers
Boulevard.
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
SCANNED
Fzanning 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 Existine Private Driveway EasementFor 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 oflots 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.
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GARY A & KAREN J DOHSE
6251 TEroNLN
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ROBERT L RABE
6301 TErON LN
~IERRY SToRY
62tH TErON LN
6340
LegalNon-confurnilitg Business
6411BREITON WAY
6421
6420
6430
6431
Planning Commission
Issue Paper - Jerry Story Property
March IS, 2005
Page 2
2. New Public Street Off Teton .Lane
a) The new public street would have to meet current standards, ie. 31 feet wide, 60-foot right-
of-way, etc.
b) The street would have to align with existing Ashton Ct. on the west side of Teton Lane.
c) Would require additional right-of-way across property not owned/controlled by applicant.
d) The street right-of-way would provide adequate area for utilities.
e) The public street would maximize the potential subdivision of the adjoining parcels in the
future.
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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 atterialroadway in the City and, as such, direct access to the road is
discouraged.
Planning Commission
Issue Paper - Jerry Story Property
-11arc~ 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.
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6307 TETON LN
JERRY STORY
6281 TETONLN
cess e:ment
to 6281 Teton La:ne
6421
Property of the City
ofClwthassen
6420
6430
6431
CONCLUSION
Staffpresented 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\jerrystory Ldoc
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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, 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 Connnission
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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City of Chanhassen
690 City Center Drive
. P.O. Box 147
Chanhassen, MN 55317
Gerald Story
510 Sweet Briar Lane
Hopkins, MN 55343
(952) 935-9179
May 7,2002
RECEIVED
MAY 15 2002
CITY OF CHANHASSEN
RE: 6281 TETON LANE-PARCEL #25.6820060
Attention: Chanhassen Planning COl1unission
The purpose of this letter is to infooll 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 \"ould 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
to discuss the proposal to subdivjde 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 titnes and I \vas not infooned of the final meeting date. The
meeting took place without my knowledge, and peollission was granted to divide the small piece ofIand 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 Natale's property. I spoke with Mr.
Natale and he did not want to develop the land or grant me access. This left me with the same problem; being landlocked
and unableto developmy land.
AsI10ft time ago I was informed that Mr. Natale sold his land to a developer. The developer will most likely bring a
proposaltothe 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 acrossNatoIe'sproperty.1j1is road would
mutually benefit both Natole's fooner property and mine, mld would solve the issue of my property being landlocked. It
would also benefit the city because my land \"ould be developed, new homes\\'ouldbe .built onthe pr.dp~rtyaridrevenue
would be brought in to the city in the fonn of real estate taxes and permit fees for a new development. . Please seethe
attached diagram. Thank you for your consideration.
Sincerely~
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TO:CITy'OF CHANHASSEN
ATT: PAUL KRAUSE
RE: EASEMENT OF lAND
DATE: MARCH 8,1991
FROM:
Dear Sirs,
I would like to petition the city of Chanhassen for the right and
pennission for a 30 ft wide private drive easement across city property
at or about the northern tip of bIt 100 P.84 at Powers Blvd. Al~o utility
easement at same place for water/sewer/natural gas. I Gerald Story own the
property directly east of said city propertyRL5 NO 28 part of tr~ct 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 iO angle to Power~ Blvd.(see sketch)
The reason for such action is aft.er contacting all property oWn~rs 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 5T 5tatute# 160.18.
Access to the county road would be granted by the county if all
requi rements are met. An i nspection,of thi s site wi 11 show that this is the
best place to access at the county road. After talking to BilTWeckmanthe
county engineer, the county;wottld gO"a.longwith what thecityapproveci.
Slncerely,
G~~
Gerald Story
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160.171. Repealed by Laws 1959, c. 500, art. 6. ~ 13
Historical Note
The repealed section related to temporary
roads. See, now, n 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 a.n
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 lirnits
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of the right;,,!,way whereth. approaches are reasonably necessary and
practicabJo,so' as to """\fideabutling oWners a reasonable means of
access to such highway.
S.bd. 3. Appmlilih.s to.eri. Partienlar ..... The owner or occu.
pant of prol>CitY !'butling upon a public highway, having aright of direct
private acce.s therelo, m.y P""Vide such other or additi~nal mean. of
ingress fmlll andegre.s~~theNgl!waYas ",,11 facilitate the efficient Use
ofth~ "property for apacticuJar lawful purpose, subject to, ~easonable
regul.tionby and perml~ from the mad authority as is neceSSary to
Pr<vent interference with the con.truclion, mainteu'nce and safe nse of
th~highway and itsappurtenance~ and the public use thereof.
't:a"'S1959, e. 1;00, art. I, ~ I~. Amended by l.awsI975, e. 24, ! 1.
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Interim CommiSSion Cornment,1959
Minn;St.1957. ~ 160.241 pro\~ides that, ~xcept wher~the easement of
access has heenacquired. . the road a.uthority shall provide suitc1.ble
access to a road and .instan.culverts where they are reasonably neces-
s,ry: Such a law eould.be ;nterp"'ted to mean that the road authority
must provide a suitcl:ble 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 he more
than the value of the entire property. The proposed revision provides
that in cases wher~'ahighwaYis 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 been acquired. It alsoprovides. except when the easement
of.cee" has been acqnired, tbat the, roadaothOrity ;n 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:
Mifin-St.l957, ~ 160.241. Laws 1957, c.
943, .~ 25.
Minn.St.l953,.~ 160.31.
St.l927. .~ 2612.
Gen.St.I923. .~2612.
Laws 1921, c. 323, ~ 72,
Laws 19I5,c.117, ~ 15.
Gen.St.1913, ~ 2567.
Laws 1!U3, c. 235,~ 80.
The 1975 amendatory act, in subd. I, in-
serted "other than town boards and county
boards" in the first sentence and added the
last two sentences.
t-ormer section: . Minn.St. ~ 160.18 was
repealed bYLaws 1957, c. 943, ~ 72. See,
now, ~lQO.06. .
Administrative COde References
Driveways. see Mn. Rules pt. 8810.4100et seq.
. Library References
High.....ays !Z=99, 120{l),. (2).
CJ.S.IIighways ~~ 178. 186 to 188.
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June 7, 2005
Ms. Sharmeen AI-Jaff
Planning Commission
Re: Planning File: 05-19
CITY OF CHANHASSEN
RECEIVED
JUN 1 4 2005
From: Property Owners
Mr. and Mrs. Jerry Story
612-275-9897
CHANHASSEN PLANNING OEPT
Dear Ms. AI-Jaff:
This letter is to familiarize you with our unique property situation.
This is a short history of 6281 Teton Lane. We purchased this property
fourteen years ago with the intent to subdivide and build houses. We
approached the City over the fourteen years with different options for
access and subdivision and we were told to try to purchase additional
easements from the surrounding property owners. We tried to
purchase three different properties when they were for sale. Those
properties were all sold to someone else. We then tried to purchase two
properties to the north and west of our land and they were sold to someone else.
We also tried to obtain an easement for access to our property from all
surrounding owners and the answer was always no way, no how.
Over the fourteen years people have used our property as their own land and
as a dump site. We have removed 42 car tires, 12 car batteries and numerous
car parts . Our land also is used to dump leaves, brush, tree branches, bottles
and cans.
Since this property is landlocked to a main road access and people
would prefer to use my property as their own . This makes the situation
very unique for this property. When the city suggested to use the existing
14 ft. ingress/egress access, for subdivision, we thought this was a good idea.
The best utilization for this property is to divide it into four lots/four houses.
This will prevent anyone from coming back at a later time to
subdivide again from Powers Blvd. This also would generate the
best revenue for the City and County.
This will not affect in anyway future subdivision of the surrounding
properties, since each of them can be subdivided within themselves. Our
wish is that the variances are granted to end the ongoing problem of this
landlocked property once and for all.
Forever Grateful
Jerry & Karon Story
Planning Case No. 05-\ ~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
CITY oAF CHANHASSEN
ECEIVED
DEVELOPMENT REVIEW APPLICATION
MAY 1 8 2005
CHANHASSEN PLANNING DEPT
Owner Name and Address:
So... """ L
PLEASE PRINT
Applicant Name and Address:
'J€R.&Y STO~Y
I~, 3 =-] g g TIt. Plctc..e. tic),
IY\QpJe Grov~. 14^) S$3/17'1- ~oos..-
Contact: J ~ 'f'( Y
Phone:l']lo3~ L/Q3:.. ~ o,a D Fax: ~ct "" e..
Email: S-to~.<~R.ooKQ..HSN.CoM
Contact:
Phone:
Email:
Fax:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional, Use Permit
Vacation of Right-of-Way/Easements
Interim Use Permit
L Variance
Non-conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
_ Sign Permits
Sign Plan Review
Notification Sign
Subdivision*
X Escrow.forFiling Fees/ AttomeyCost**
- $50 CUP/SPRN ACNAR/W AP/Metes & Bounds
- $400 Minor SUB
TOTALFEE$ 2S0,~
Site Plan Review*
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 8%" X 11" reduced copy for
each plan sheet along with a diqital COpy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
~),\'i~1A.;;;l~
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~NIQ
PROJECT NAME:
LOCATION:
RL~ ~ ~
TOTAL ACREAGE:
WETLANDS PRESENT:
YES
REQUESTED ZONING:
RSF
RSF
PRESENT ZONING:
PRESENT LAND USE DESIGNATION: .s ( N ~ u:: r IT MIL- '/
REQUESTED LAND USE DESIGNATION: SIN 6 LC r ~ M , <- 'I
REASON FOR REQUEST: ROAn VARlfll\J<!-t:; TO USE: ExrsTINcr-- 1Lf.-Ft.-fGSefY\,enT
-f() V' f V\ UG\. t -e. d V"' , \J & '+ wAlE R-fc.. ~ UJt= f2 . ,- +t T S AD.4 D iV {Hi., L t::> XtvC,(t;A-St
1"0 _80 --f-t Q., f>P-....DPE r<T'1 L fNE . iH-G: S UY" \'"-00100 i 1\.\ G- PROPtR..-T'l
()WAJF:.R.C; HAU~ REPUSEf) TD .<;t:=.LL- t;;xTR..A.. -ADrJE D 'EASEMElUr. To
fftZop~eT 'I -rcR . I tf l{EAR S . -rHb ex,,} f (oulJry IJ.)C~/f- ~rrt/JJ 4CL~.s
()~f POWERS.. Tit/:? -fJIt-RIJ5H-:Ef> FoR -rlft:-S UNI(1uE PROP€l2.-ry :IS 7/1b
LI7AJ{) ;J:S LItVOLOC-I</ED "'I-~X.~Lu06 0 'FR..e>/v! .4 ,Hr?..::roR, Sr,e.EEr:.
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 proorof 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,
5-le-05
Date
leAN...
Signature of Fee Owner
Date
Q~fl:.q\'ormS\Development Review Application.DOC
Rev. 3/05
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65-1 g
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
June 9, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Story Variance - Planning Case No. 05-19 to the persons named on attached Exhibit "A", by
enclosing a copy of said notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this 9+hday of ~u ne , 2005.
. T~
I
KIM T. MEUWISSEN I
Notary Public-Minnesota
My Commission ExpIres Jan 31, 2010
SCANNED
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Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features. II errors or discrepancies are found please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the user's access or use of
data provided.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information. and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features. II errors or discrepancies are found please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the user's aocess or use of
data provided.
Public Hearing Notification Area Map (500 feet)
Story Variance
Planning Case No. 05-19
6281 Teton Lane
CityofChanhassen
Lilac Lane
~
MOLLY M BROOKS
620.9~qIJlJER$ E3I.;VP..
CHANt4AS$EN. MN 55311 ~9434
LEONARD E & ANN B WARE
1225 LILAC LN
EXCELSIOR. MN 55331 -9053
CHARLES H & DONNA J PICKARD
1215 LILAC LN
EXCELSIOR. MN 55331 -9053
'\
RONALD W & KIMBERLY A OLSEN
1140 WILLOW CRK
CHANHASSEN. MN 55317 -9435
ARROWHEAD DEVELOPMENT CORP
5400 OPPORTUNITY CT
SUITE 150
MINNETONKA . MN 55343 -9088
CHARLES A STRICKHOUSER &
FELICIA E STRICKHOUSER
1150 WILLOW CRK
CHANHASSEN, MN 55317 -9435
ANN B WARE &
LOIS A BOWEN TRUST
1225 LILAC LN
EXCELSIOR. MN 55331 -9053
CHUE HER &
TAO YANG
6250 POWERS BLVD
CHANHASSEN . MN 55317 -9434
CLAUDETTE WHITE
6260 POWERS BLVD
CHANHASSEN. MN 55317 -9434
GARY P & LEORA F MATTILA
1321 ITHILlEN
EXCELSIOR, MN 55331 -9032
JOHN R & MARY JO FLATLEY
1311 ITHILlEN
EXCELSIOR, MN 55331 -9032
BRUCE F DREBLOW &
DIANE J YEAGER
1145 WILLOW CRK
CHANHASSEN . MN 55317 -9435
GEORGE R & SHANNON BURKS
1155 WILLOW CRK
CHANHASSEN , MN 55317 -9435
GARY A & KAREN J DOHSE
6251 TETON LN
EXCELSIOR. MN 55331 -9054
JERRY STORY
12137 88TH PL N
MAPLE GROVE, MN 55369 -3005
ROBERT L RABE
6307 TETON LN
CHANHASSEN. MN 55317 -7528
. PETER J & ANNETTE L KOROLCHUK
6330 TETON LN
CHANHASSEN . MN 55317 -7527
KIRK A & CAMILLE M SWANSON
6340 TETON LN
CHANHASSEN, MN 55317 -7527
NAOMI RUTH CARLSON
5955 CATHCART DR
EXCELSIOR. MN 55331 -8916
BRENT W & DIANE E FESTER
6350 TETON LN
CHANHASSEN, MN 55317 -7527
JAMES J JOHNSON &
KRISTIN M SOLIE-JOHNSON
6421 BRETTON WAY
CHANHASSEN ,MN 55317 -7508
DAVID L & JOAN K PRIEM
6360 TETON LN
CHANHASSEN . MN 55317 -7527
KURT R & GAIL A WOOD
6390 PLEASANT VIEW CV
CHANHASSEN , MN 55317 -9263
FRANCO C LORIS
PO BOX 415
EXCELSIOR, MN 55331 -0415
GREGORY S & PATRICIA J BAZANY
6420 BRETTON WAY
CHANHASSEN . MN 55317 -7507
CATHERINE J GUY
6341 TETON LN
CHANHASSEN . MN 55317 -7528
DANIEL J & PAMELA J FELLER
6430 BRETTON WAY
CHANHASSEN, MN 55317 -7507
THOMAS K & ELIZABETH O'CONNOR
6431 BRETTON WAY
CHANHASSEN. MN 55317 -7508
JOHN W JR & SUSAN E KUNITZ
6441 BRETTON WAY
CHANHASSEN. MN 55317 -7508
CHRISTIAN S & MAUREEN CONNERY
6440 BRETTON WAY
CHANHASSEN. MN 55317 -7507
LAWRENCE E & KATHLEEN M KERBER
6420 POWERS BLVD ..
CHANHAS$EN. MN 55317 -9434
PAUL T & MAUREEN M SINKLER
6451 BRETTON WAY
CHANHASSEN. MN 55317 -7508
JIMMY D SHADLER
6450 BRETTON WAY
CHANHASSEN . MN 55317 -7507
THOMAS & MOLLY BERGFALK
6461 BRETTON WAY
CHANHASSEN . MN 55317 -7508
MARCUS R & JENNIFER A ZBINDEN
6460 BRETTON WAY
CHANHASSEN. MN 55317 -7507