Agenda - Planning Commission - 12/05/1995

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Page 6 -- November 1995 z.g. Seumenicht did not prove he needed a variance -- he did not show he could not reasonably use his property without conflicting with zoning. For more than 30 years, he lived in a single-family house on the property without need- ing a variance. The board did not abuse its discretion when it found Seumenicht's alleged health problems did not create practical difficulties. If Seumenicht needed a pool and deck, he could have had smaller ones in another location that com- plied with setback requirements. Matter of Slakoff v. Hitchcock, 599 N.Y.S. 2d 63. Taking -- Landowners Claim Taking When They Can't Build Marina Wheeler v. City of Wayzata, 533 N. W.2d 405 (Minnesota) 1995 A narrow strip of land projected into Lake Minnetonka in Minnesota, between Gray's Bay and Wayzata Bay. The land had about 1,000 feet of shore- line on either side, and its width varied from 33 to 100 feet depending on the lake's water level. In 1887, the governing county got a 66-foot-wide right of way to build a public road. From that time, the land was a causeway connecting the cities of Wayzata and Minnetonka. In 1953, Walter and Cecile Wheeler. acquired an interest in the causeway. They lived in a home next to the north end of the causeway, in Wayzata. In 1956, Wayzata annexed the causeway from Minnetonka. Under Wayzata's zoning ordinance, the causeway was automatically zoned residential. In 1961, Wayzata approved the Wheelers' petition for a subdivision of their homestead into two lots. The city's Planning Commission }:ecommended condi- tional approval of the subdivision. Walter Wheeler agreed if the Wheelers ever sold the new second lot, they would combine it with the neighboring part of the causeway. In his letter, Walter Wheeler stated, "it is my intention that the cause- way strip and adjoining lot will constitute a single tract upon which a residence will one day become erected." After receiving this assurance, the City Council approved the subdivision. Although the Wheelers started the process of joining the causeway strip to the new second lot, they never finished. In 1969, the Wheelers sold the second lot (on which a house had been built), but did not include as part of the sale their interest in the causeway. In 1985, the Wheelers conveyed the causeway property to their children, Thomas and Carolyn. The property was zoned low-density, single-family residential. The children intended to develop the property as a commercial marina. They conveyed their interests in the causeway to Emerson Property Co., a corporation they formed. The corporation improved the property and used it to house a 26-foot boat. While that use was permissible (as a private recreational facility), Emerson's proposed use of the causeway as a commercial marina was inconsistent with the town zoning ordinance. Emerson applied to rezone the property commercial so it could develop a commercial marina. The city asked for more information, but the company said no fU?ther information was necessary to begin the rezoning process. I I I I I I I I I I I I I I ! I I I