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CAS-05_6285 RIDGE ROAD INTERIM USE PERMIT0
September 20, 2017
•
0 /& _oma
CITY OF CHANHASSEN
Chanhassen is a Community for Life• ProvidingforToday and PlanningforTomorrow
Ms. Nancy Link
6285 Ridge Road
Chanhassen, MN 55317
Re: Use of Gate - Pleasant View Road
Planning Case #2016-05
Dear Ms. Link,
It has come to the city's attention that the gate on Pleasant View Road is being used more extensively
than was approved as part of the Interim Use Permit, NP, for the stable. The use of the gate was limited
to service and delivery access in conjunction with the stable. You were advised of this restriction at the
City Council meeting and agreed to it. Its use for general access to the property was prohibited due to
concern regarding traffic on Pleasant View Road.
Additionally, city code, section 20-1122 (10) states `one driveway access is allowed from a single
residential lot to the street". You will need to remove the class 5 rock entrance from the street to the
fence, fill with top soil and revegetate the area with vegetative cover. Such work must be completed prior
to October 15, 2017.
On March 28, 2016, the Chanhassen City Council approved the Interim Use Permit to permit a private
stable subject to the following conditions:
a. A building permit is required. If the proposed construction is to be of a "pole -type" building, a
PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227 - 1110 S�NN�C
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Nancy Link • •
6285 Ridge Road - Use of Gate
September 20, 2017
Page 2 of 2
signed structural engineer's design is required.
b. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
c. The applicant shall preserve any significant, healthy trees within the rear yard.
d. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
e. The interim use permit shall end with any of the following occurrences: 1) sale of the property,
2) subdivision of the property or alteration of the property lines or, 3) widening of Pleasant
View Road which takes additional right-of-way from the parcel.
f. Inspection of the stable and corral prior to occupancy by the miniature horse.
g. All feed, hay and all materials important to the care of the animal be stored inside the stable.
h. Water and electricity be made available to the miniature horse at the stable year round.
i. There will be prompt and timely removal of accumulated manure and waste.
j. There will be restrictions placed on the use of the temporary gate on Pleasant View Road.
k. This interim use permit is for a single horse, type miniature.
You need to stop using this gate for purposes other than service and delivery. The continued use of the gate
for purposes other than those specified as part of the NP may result in the revocation of the IUP. Any
amendment to this requirement may only be granted by City Council. If you have any questions or need
additional information, please contact me at (952) 227-1131 or bp—e erousna ci.chanhassen.mn.us.
Sincerely,
Robert Generous, AICP
Senior Planner
ec: Kate Aanenson, Community Development Director
Carol Dunmore, Stable Inspector
Todd Gerhardt, City Manager
Steve Lenz, Engineering Technician
Page 2
June 20, 2016
Kim Meuwissen
IM
Interim Use Permit 42016-05 for Lot 1, Block 1, Meyer's
2016 as document #A625889; ------
April 21,
an ed from Anjali Dahiya and Sushil Rana to Anj y o t 4,
Bloc ghlands at Bluff Creek, recorded April 8, 2016 as document #A625412;
Warranty Deed from ' Dahiya and Sushil Rana to Anjali Dahiya f f�ot3;
Block 4, Highlands at Bluff r recorded April ocument #A625413; and
Warranty Deed from An afflyiaand Sush-itlUng to Anjali Dahiya for Part of Lot 1,
Block 4, High lull Creek, recorded April 8, 2016,as document #A625414.
Thank you.
Very truly yours,
CAMPBELL KNUI'SON
Professional Association
Jean s ' tant
/jmo
Enclosures
183816v8
b\
SCANNED
* CAMPBELL I NUTSON
June 20, 2016
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Re: Miscellaneous Recorded Document
Dear Ms. Meuwissen:
RECEIVED
JUN 2 2 2016
CIN OF CHANHASSEN
Please find enclosed, for the City's files, the following documents which have been
recorded with Carver County:
Encroachment Agreement with Vicki Schultz recorded Mayl6, 2016 as
document #A627086;
Encroachment Agreement with Carter and Carrie Muench recorded May 16,
2016 as document #T199057;
3. Encroachment Agreement with David and Kaisa Buckholz recorded April 25,
2016 as document #A625996;
4. Encroachment Agreement with Gregory and Meredith Petouvis recorded April
25, 2016 as document #A625997;
5. Encroachment Agreement with Todd and Lisa Myers recorded May 31, 2016
as document #T199194;
6. Encroachment Agreement with Mark and Katherine Arden recorded May 11,
2016 as document #T199011;
Encroachment Agreement with Stevens Investments, LLC recorded May 13,
2016 as document #A627041;
8. Encroachment Agreement with Ryan and Carolyn Majkrzak recorded April 07,
2016 as document #A625349;
9. Encroachment Agreement with Michael and Ann Stiebner recorded May 16,
2016 as document #A627087;
183816v8
SCANNED
.,
0
Document No. A625889
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Certified Recorded on -April 21, 2016 3:29 PM
Fee $46.00
1111111 111111111111 Luke C Kranz
Count Recorder
s25889 saae y
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INTERIM USE PERMIT #2016-05
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an interim use permit for the following use:
To permit construction of a private stable to allow for the keeping of horses on the
property.
2. Erop The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 1, Block 1, Meyer's Addition.
3. Conditions. The permit is issued subject to the following conditions:
a. A building permit is required. If the proposed construction is to be of a "pole -type"
building, a signed structural engineer's design is required.
b. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
c. The applicant shall preserve any significant, healthy trees within the rear yard.
d. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
e. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3)
widening of Pleasant View Road which takes additional right-of-way from the parcel.
£ Inspection of the stable and corral prior to occupancy by the miniature horse.
g. All feed, hay and all materials important to the care of the animal be stored inside the
stable.
1
SCANNED
P
w • •
h. Water and electricity be made available to the miniature horse at the stable year
round.
i. There will be prompt and timely removal of accumulated manure and waste.
j. There will be restrictions placed on the use of the temporary gate on Pleasant View
Road.
k. This interim use permit is for a single horse, type miniature.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terns of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
7. This permit shall expire with the 1) sale of the property, 2) subdivision of the property or
alteration of the property lines, or 3) widening of Pleasant View Road which takes additional right-
of-way from the parcel.
0 0
Dated: March 28, 2016
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
Denny Laufenb ger, Mayor
By:
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this -eday of 1
2016, by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
DRAFTED BY:
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
i W ID'
Kr►wNov\
' KIM T. MEUWISSEN
Notary Public -Minnesota
•...�MY Cornftasn n Expires Jan 31, 2020
April 7, 2016
CfMs. Nancy Link
jep OF 6285 Ridge Road
WHESEN Chanhassen, MN 55317
7700 Market Boulevard
PO Box 147 Re: Interim Use Permit for Stable
Chanhassen, MN 55317 Planning Case #2016-05
Administration
Dear Ms. Link,
Phone: 952.2271100
Phone: 952.227.1160
Fax: 952.227.1110
This letter is to confirm that on March 28, 2016, the Chanhassen City Council
Fax: 952.227.1170
approved the Interim Use Permit to permit a private stable subject to the following
Building Inspections
conditions:
Phone: 952.227.1160
building permit application.
Fax: 952.227.1190
a. A building permit is required. If the proposed construction is to be of a
Engineering
"pole -type" building, a signed structural engineer's design is required.
Phone: 952.227.1160
Fax: 952.227.1170
b.
The applicant shall submit a tree removal plan in conjunction with the
Finance
building permit application.
Phone: 952.227.1140
Fax: 952.227.1110
c.
The applicant shall preserve any significant, healthy trees within the rear
yard.
Park Ii Recreation
Phone: 952.227.1120
d.
The applicant shall meet the requirements of City Code Article III, Section
Fax: 952.227.1110
5, Horses.
Recreation Center
e.
The interim use permit shall end with any of the following occurrences: 1)
2310 Coulter Boulevard
sale of the property, 2) subdivision of the property or alteration of the
Phone: 952.227.1400
Fax: 952.227.1404
property lines or, 3) widening of Pleasant View Road which takes additional
right-of-way from the parcel.
Planning &
Natural Resources
f
Inspection of the stable and corral prior to occupancy by the miniature
Phone: 952.227.1130
horse.
Fax: 952.227.1110
g.
All feed, hay and all materials important to the care of the animal be
Public Works
stored inside the stable.
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
h.
Water and electricity be made available to the miniature horse at the stable
year round.
Senior Center
Phone: 952.227.1125
i.
There will be prompt and timely removal of accumulated manure and
Fax: 952.227.1110
waste.
Welusite
www.ci.chanhassen.mn.us
J.
There will be restrictions placed on the use of the temporary gate on
Pleasant View Road.
k. This interim use permit is for a single horse, type miniature.
SCANNED
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
I N
Planning Comiesion •
6285 Ridge Road
April 7, 2016
Page 2 of 2
If within one year from the issuance of this permit the authorized construction has not
been substantially completed or the use commenced, this permit shall lapse, unless an
extension is granted by the City Council. If you have any questions or need additional
information, please contact me at (952) 227-1131 or b¢enerousAci.chanhassen.mn.us.
Enjoy Smoke.
Sincerely..
Robert Generous, AICP
Senior Planner
ec: Kate Aanenson, Community Development Director
Carol Dunmore, Stable Inspector
Todd Gerhardt, City Manager
Jerry Mohn, Building Official
r IN
CITY OF CHANASEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER ARANSMITTAL
DATE JOB NO.
4/14/16 2016-05
ATTENTION
Jean Olson
RE:
Document Recording
TO: Campbell Knutson, PA
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
WE ARE SENDING YOU ® Attached ❑ Under separate cover via
the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
3/28/16
16-05
1 Interim Use Permit 2016-05 Construction of a private stable
❑
FOR BIDS DUE
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
For your use
❑
As requested
❑
For review and comment
❑
FOR BIDS DUE
REMARKS
COPY TO: Nancy Link
❑
Approved as submitted
❑
Approved as noted
❑
Returned for corrections
®
For Recording
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
SIGNED: Fv�
J Po 52) 227-1106
H enclosures are not as noted, kindly notify us at once.
SCANNED
0 0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INTERIM USE PERMIT #2016-05
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an interim use permit for the following use:
To permit construction of a private stable to allow for the keeping of horses on the
property.
2. PP. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 1, Block 1, Meyer's Addition.
3. Conditions. The permit is issued subject to the following conditions:
a. A building permit is required. If the proposed construction is to be of a "pole -type"
building, a signed structural engineer's design is required.
b. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
c. The applicant shall preserve any significant, healthy trees within the rear yard.
d. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
e. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3)
widening of Pleasant View Road which takes additional right-of-way from the parcel.
£ Inspection of the stable and corral prior to occupancy by the miniature horse.
g. All feed, hay and all materials important to the care of the animal be stored inside the
stable.
0
0
h. Water and electricity be made available to the miniature horse at the stable year
round.
i. There will be prompt and timely removal of accumulated manure and waste.
j. There will be restrictions placed on the use of the temporary gate on Pleasant View
Road.
k. This interim use permit is for a single horse, type miniature.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
7. This permit shall expire with the 1) sale of the property, 2) subdivision of the property or
alteration of the property lines, or 3) widening of Pleasant View Road which takes additional right-
of-way from the parcel.
2
0
Dated: March 28, 2016
STATE OF MINNESOTA
( ss
COUNTY OF CARVER
n
u
CITY OF CHANHASSEN
r
By: -41'
Denny Lattfenbifrger,
Mayor
By.
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of 1
2016, by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
'"'°4 KIM T. MEUWISSEN
Notary Public -Minnesota
\..�MY cwnrnlulon Evorn Jan 31, 2M0
DRA= BY:
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
•
0
CITY OF CHANHASSEN
PROPOSED MOTION:
PC DAW March 15, 2016
CC DATE: March 28, 2016
REVIEW DEADLINE: March 29, 2016
CASE #: 2016-05
BY: CD, AF, RG, JM, ML, JM, JS
"The Chanhassen Planning Commission recommends that City Council approve the Interim Use
Permit to permit a private stable subject to the conditions of approval, and adopts the Findings of
Fact and Recommendation."
OA
SUMMARY OF REQUEST: Request for an Interim Use Permit to construct a private stable.
LOCATION: 6285 Ridge Road
(Lot 1, Block 1, Meyer's Addition)
PID 254650010
APPLICANT: Nancy Link
6285 Ridge Road
Chanhassen, MN 55317
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN:
ACREAGE: 1.74 acres
Residential Low Density
DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion
in approving or denying interim use permits, based on whether or not the proposal meets the
standards outlined in the Zoning Ordinance and city code. If the city finds that all the applicable
standards are met, the permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all properly owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting and Interim Use Permit to permit construction of a private stable to
allow her to keep a horse(s) on the property. Specifically, she is looking at keeping a miniature
pony on the property.
APPLICABLE REGULATIONS
Chapter 5, Article III, Horses
Chapter 20, Article IV, Division 5, Interim Use Permits
Chapter 20, Article XII, "RSF" Single -Family Residential District
Planning Commission • •
6285 Ridge Road IUP Request — Planning Case 2016-05
March 15, 2016
Page 2 of 4
BACKGROUND
Meyer's Addition was approved on November 20, 1978. The house was constructed in 1993.
Building and zoning permits were issued in August and September 2015 for a pool, retaining
wall and fence.
DISCUSSION
The applicant desires to construct a stable to house a miniature horse. At present, only one horse
is proposed, but based on the size of their property up to two horses may be allowed. An
enclosure must be erected around the pasture. There is currently a gate in the fence along
Pleasant View Road, which staff assumes will provide access for the hay delivery, which will be
necessary since there is insufficient natural forage for a horse on the site. The applicant has a
permit to install 470 feet of four -foot tall, black vinyl chain link, and 59 feet of six-foot tall cedar
wood fencing. The applicant will need to show where this fence will be located. The applicant
shall verify with the stable inspector that this area is sufficient for the horse confinement area. It
should be noted that fences for pool enclosures must be a minimum of five feet high. If the
applicant intends to use the same fence for both the pool and the pasture enclosure, they must
increase the fence height to five feet.
City Code permits private stables in the RSF district with approval of an interim use permit.
A stable permit shall be issued by the city clerk upon approval by the stable inspector if the
following conditions are met:
(1) Minimum acreage for two horses shall be l Yz acres, and for three horses shall be two
acres, and an additional one-third acre shall be required for each additional horse.
(2) No stable permit shall be issued for a lot of less than one acre.
(3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep
the animal or animals confined within.
(4) A shelter or stabling facility which will keep the animal or animals comfortable and
protected from the elements and which shelter or stabling facility shall be no closer
than 100 feet from any structure other than the applicant's, which is used for residential
purposes.
(5) The shelter or stabling facility shall be so located so as not to create a public nuisance.
(6) The shelter or stabling facility shall be clean and sanitary such that it will not be a
harborage for rodents, flies and insects.
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the
pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) All accumulations of manure shall be removed at such periods as will ensure that no
leaching or objectionable odors exist, and the premises shall not be allowed to become
unsightly.
(10) The shelter structure shall be a minimum of 200 feet from any wetland.
Planning Commission 0 •
6285 Ridge Road NP Request — Planning Case 2016-05
March 15, 2016
Page 3 of 4
A building permit is required prior to the construction of the stable. If the proposed construction
is to be of a "pole -type" building, a signed structural engineer's design is required.
The site slopes from the west to the east with a high elevation in the northwest corner of the
property of 960 and a low elevation of 914 along the east property line of the parcel. The south
and east portions of the property are wooded. The applicant should look at locating the stable so
that they do not have to remove trees.
The applicant is proposing to construct a stable and pasture on the subject property. Currently
the rear yard is thoroughly wooded with a described understory of buckthorn. The applicant
does not specify a total for the tree removal area that will be done for the pasture but does state
that the pasture will be a quarter of an acre. The application also states that a thin line (four to
five feet deep) of vegetation along the south property line will remain. The rear yard has some
buckthorn and a closed canopy consisting of a mix of basswood, black cherry, ash, boxelder and
other native species. The properties adjacent to the north and along the east side of Ridge Road
have Tree Conservation Easements in their rear yards. The property to the rear is a city park,
Pleasant View Preserve. Overall, this neighborhood is heavily wooded. The subject property
does not have a conservation easement and is governed by the city ordinance that prohibits a
clear cut of a property. Staff would encourage the applicant to preserve any significant, healthy
trees within the rear yard.
Planning Commission • 0
6285 Ridge Road IUP Request — Planning Case 2016-05
March 15, 2016
Page 4 of 4
Interim use permits have sunset dates. Staff is proposing that this interim use permit end with
any of the following occurrences: 1) sale of the property, 2) subdivision of the property or
alteration of the property lines, or 3) widening of Pleasant View Road which takes additional
right-of-way from the parcel. The sale of the property would necessitate that a future owner not
be allowed to continue the stable should city ordinance be revised to remove this type of use
from the RSF district. However, should the use still be allowed, the new owner would be able to
proceed through the public hearing process to receive approval.
RECOMMENDATION
Staff recommends that the Planning Commission approve the interim use permit and adopt the
Findings of Fact and Recommendation subject to the following conditions:
1. A building permit is required. If the proposed construction is to be of a "pole -type" building, a
signed structural engineer's design is required.
2. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
3. The applicant shall preserve any significant, healthy trees within the rear yard.
4. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
5. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3) widening of
Pleasant View Road which takes additional right-of-way from the parcel.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Application Narrative.
4. Reduced Stable Elevation.
5. Reduced Stable Floor Plan.
6. Reduced Lot Survey.
7. Public Hearing Notice and Mailing List.
gAplan\2016 planning c \2016-05 6285 ridge road interim use permiAstaff report link iup.dm
Chanhassen City Council — March 28, 2016
6285 RIDGE ROAD PLANNING CASE 2016-05: REQUEST FOR AN INTERIM USE
PERMIT TO PERMIT CONSTRUCTION OF A STABLE ON 1.74 ACRES OF
PROPERTY ZONED RESIDENTIAL SINGLE FAMILY (RSF) AND LOCATED AT
6285 RIDGE ROAD (LOT 1 BLOCK 1 MEYER'S ADDITION). OWNER: NANCY
LINK.
Kate Aanenson: Thank you Mayor, members of the City Council. This interim use permit
appeared before the Planning Commission with a public hearing on March 150i. The Planning
Commission did vote 5 to 1 to recommend approval of the interim use permit. We noted in the
minutes that there was some discussion after the public comments regarding you know the
concern for runoff, smell, noise and neighborhood harmony were expressed. Again the interim
use permit does call for annual inspections and the staff had advised the Planning Commission
that as a part of any complaints that we would follow up on those to see if they're in compliance
so with that they did recommend the 5-1 approval. The request is for 6285 Ridge Road which is
off of Pleasant View and Ridge Road which is a street that dead ends as it goes towards
Shorewood. The property is zoned Residential Single Family. It's 1.74 acres and having a
stable on this property does require an interim use permit. Again little close up of the property.
As I stated it's 1.74 acres. There is a pool under construction right now. At the time of the
Planning Commission there was some concerns brought by the neighbors regarding some of the
debris and the status of the pool itself and the applicant is working on that and working to also
clean up the debris. So again the request for interim use permit is for a private stable. Again the
RSF district does permit private stables as an interim use permit and the stable would need to be,
comply with Chapter 5 and I'll go through some of those standards. I know there was questions
about the use of or the application of horses in the residential single family district. We have
some that pre -date the city ordinance. We also have a couple, specifically one on Galpin
Boulevard that's in the middle of two significant subdivisions on either side. It's a little bit
larger parcel. While it's A2 it's in close proximity to existing single family homes and that's
along Galpin Boulevard. Again the two other ones are also adjacent to single family
neighborhoods but probably go back over 30 years before we were permitting them the way we
are today. So again to construct the stable you have to go through the stable permit and then it
does based on how big the acreage is, how many horses. Again the applicant's requesting for
one miniature horse but based on the acreage they could be allowed 2 and that was some
discussion that was brought up at the Planning Commission. Whether or not there'd be more
than one or two. Again the accommodations that are being proposed would allow that but
certainly as a part of the interim use permit you could look at that as a potential that you may
want to limit the use of that so again only one horse is being proposed and again it could provide
for two. There's also a building, the structure itself and then also a paddock area which I'll go
through in a little bit more detail. But I just wanted to be clear that this is the general issuance
standards for the interim use permit so it follows the conditional use standards. It conforms to
the zoning regulations which again it is residential single family. It is an interim use permit and
so 2 and 3 are being met. The other thing that we did put in here, the date that the event would
terminate. Traditionally a conditional use runs with the property. In this circumstance there's
10
Chanhassen City Council — March 28, 2016
typically a sunset clause on that so what the staff had recommended that there be 3 criteria for
the termination or the change in the interim use permit and what we had recommended, one is if
there's a sale of the property, a subdivision of the property, or alterations of the property lines or
widening of Pleasant View Road which would take away additional right-of-way. Making the
lot smaller so those would be the 3 trigger dates with the interim use permit. Again one of the
criteria for the issuance itself and that the use would not impose additional costs on the public
and then finally the user agrees to any condition that the council may deem appropriate for
permission of the use. I know the Planning Commission did have some discussion of that and I
think that was one of the concerns of the neighbors too, whether or not there could, another
miniature horse be brought on the property so that might be something that you want to discuss.
Mayor Laufenburger: Kate can I just interrupt for a second?
Kate Aanenson: Absolutely.
Mayor Laufenburger: So just to clarify, what's the determining factor regarding how many
horses would be allowed on this property?
Kate Aanenson: The acreage.
Mayor Laufenburger: And the acreage would support up to two is that correct?
Kate Aanenson: That's correct.
Mayor Laufenburger: Okay. And we know that at the present time the applicant wants to
introduce one horse is that correct?
Kate Aanenson: That's correct.
Mayor Laufenburger: Okay, thank you.
Kate Aanenson: So again the stable requirements. One and a half acres. Then this is 1.75 which
would allow for the two and then there's a criteria for additional horses. Again if you look to the
structure itself, the stabling can't create a nuisance. Again this did come up. How would we
manage the nuisance factor? Again we do have somebody in the city that does inspect these and
again any nuisance that was felt by the neighborhood that we would follow up on that and make
sure that it's meeting any concerns that they would have and that would be sanitary conditions
regarding flies, manure and the like. And then also there was some concern about potential
drainage. So those are the criteria that it would be, that there's annual inspection and then the
intent of this would be that it would be inspected as the structure went up to make sure that it met
the compliance of the ordinance. So this is the site itself so the stable's going to be back in this
area. It's heavily wooded which was also a discussion that came up to regarding the amount of
trees removal on the area so I'm just going to zoom in a little bit closer.
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Mayor Laufenburger: Can you go back? What's the green color indicate?
Kate Aanenson: Those are just the woods. Kind of the area that's kind of the more natural.
Mayor Laufenburger: Okay. Okay.
Kate Aanenson: So I think this one might be a little bit more illustrative of the intent. So this
would be the building itself, and this would kind of be the paddock area. The horse would be
kind of out in this area. Although this larger square area would also be available too but for the
most part the horse would be able to wander in and out of the shelter and into this area freely but
there's also the larger area too. So this area behind the barn would be the area that would be
cleared and leveled so when I say cleared the trees would be removed from that area and then
more leveled out so the miniature horse would have room to just wander about in that specific
area. This is the barn itself so if you look at where that paddock area. The horse could come out
under the shaded area which is also a requirement they have access to cover and then go roaming
into that area. The structure itself is approximately 100 square feet and then this would also
serve the area to store the hay. We did work with the applicant and request the information
regarding the amount, on how much hay and frequency it would be delivered. This was a
question that was brought up by the neighbors and I think it was a little bit ambiguous at the
Planning Commission. I'm not sure we had all the facts so I just want to make sure we're clear
on this. This is coming off of Pleasant View. I think some of the people on Pleasant View
wanted to know how this would be accessed because right now that's how the staging's coming
in to get at the pool based on the grade. Right now it's the owner's intent that this is for a
construction access but then it would be gated. Gated with no permanent access to the driveway.
Although hay could be delivered at this area as stated by how much hay would be required for
the one miniature horse. That hay delivery would probably be done twice a year so it's not
intended to be serviceable all the time. It wouldn't have a curb cut per se. There is a rolled
asphalt there but it would be a gate that would provide minimal access. I think one question that
was also brought up would be how would if the site needed to be cleaned how would that be
removed from the site too so we may want to get more specifics from the applicant on that. So
with that the staff did put Findings of Fact. Went through the interim use permit. Believe that it
meets the criteria as spelled out in the code and we are recommending approval, as did the
Planning Commission of the interim use with the subject to the approval of the Findings of Fact
and I'd be happy to answer any questions that you may have.
Mayor Laufenburger: Alright, thank you Kate. Let's bring it back to council first to see, are
there any questions of staff from the council? Mr. McDonald do you have a question or two?
Councilman McDonald: I have a question or two. There was also an issue brought up at the
Planning Commission concerning the fence and that wasn't I think well resolved in there. Is
there going to be one fence that will also meet the requirements for the pool or will there be two
fences? One around the pool and one around the property for the horse.
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Kate Aanenson: This fence here will be around. Will also accommodate the pool area and that
meets the standards. Well it has to be inspected by the City because it does need to meet the
requirements of the City for securing a pool area so that's, that was not clear at the Planning
Commission. You are correct and so this drawing has been added and then inside of that would
be an interior area that the horse could just roam in and out of the bam which we would call the
paddock area but, and also if someone wanted to walk the horse around it would have also a
larger area too so there is a fence around the pool that meets all ordinances.
Councilman McDonald: Okay and then the other thing that wasn't quite clear from that meeting,
what we're looking at right now would be a miniature horse but as I understand the statute you
could put a regular sized horse on the property, is that true?
Kate Aanenson: That's correct.
Councilman McDonald: And what would prevent the applicant, I guess if it even makes any
difference from swapping out the miniature horse for a regular sized horse.
Kate Aanenson: Yeah we didn't specify that in the.
Councilman McDonald: Well would part of that be, would the shelter take care of a regular
sized horse or would that necessitate again coming back and asking for another interim use for a
larger facility for a regular horse?
Kate Aanenson: I guess I would ask the City Attorney if one of the conditions as opposed to
reasonable conditions under the interim use permit if you wanted to state, so I'm under number 6
that the application is for a miniature horse and that's what we're approving as part of the interim
use permit.
Roger Knutson: Mayor, members of the council. Since the applicant has requested approval for
one miniature horse you certainly could add that as a condition of approval. That you're
approving one miniature horse.
Councilman McDonald: I have a question about that. The zoning says you can put 2 horses on
there. What you just said to me I interpreted if they wanted to add a second they'd have to come
back and get permission, is that?
Roger Knutson: That's correct if you have a condition here that says one miniature horse. Then
they wanted to change it to a full sized horse or 2 horses or any other, whatever, they'd have to
come back and ask for an amendment to their interim use permit.
Councilman McDonald: Okay thank you. You know you answered the question about the gate
but I've still got a I guess a question and a concern about that. That's coming off of Pleasant
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View. Does that pose any problems as far as public safety because that's almost at the curve on
Pleasant View where traffic's coming down the hill and traffic's going up the hill. Is that a
concern with public safety?
Kate Aanenson: We had engineering and the sheriff's office look at it. Based on the limited use
of that they did not feel it was a safety issue. Again the use would be to bring hay in and a
minimal service of the property.
Councilman McDonald: Okay and again is that something that we should put in the restrictions
that the gate can only be used sporadically for the delivery of hay?
Kate Aanenson: I think that might be helpful so we have some reason to say that they're not
meeting the intent because I think that was one of the concerns of some of the neighbors too.
Councilman McDonald: It was a concern of the neighbors and again the Planning Commission I
didn't see where that was totally addressed.
Kate Aanenson: Yeah. I'm not sure we had all the facts at that time of how the hay was being
delivered, correct.
Councilman McDonald: Okay.
Mayor Laufenburger: You don't have to exhaust all your questions.
Councilman McDonald: Okay I'll move on. If you don't cover them I'll come back to them.
Mayor Laufenburger: Okay, alright. Did you have any quick questions?
Councilwoman Tjornhom: No I'm just waiting for public comments.
Mayor Laufenburger: Okay, alright. Mr. Knutson, can you clarify something for us please? Is it
in our power to deny an interim use permit?
Roger Knutson: Mayor, an application for an interim use permit is what we call a quasi judicial
decision. You're not making a policy for the city. For example should, adopting an ordinance or
something. You're deciding whether the facts you're presented with meet the standards in the
ordinance. If the facts meet the standards in the ordinance then you do not have discretion. You
have to decide whether the requirements of the ordinance have been satisfied. If they have been
satisfied then you lack discretion but if you determine they have not been satisfied then of course
you have the right to turn it down.
Mayor Laufenburger: Okay. So in this case if we determine that the facts of the application,
Kate can you bring up the permit stipulation there? Nope, before that. There. The issuance of
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Chanhassen City Council — March 28, 2016 •
standards. If these 6 standards have been met in our view then we really have no choice and we
have to approve it.
Roger Knutson: That is correct.
Mayor Laufenburger: Okay. However in our approval we can establish, Kate refers to those as
conditions of use, is that correct? We can establish any number of conditions of use in order to
clearly define the use during this interim period, is that correct?
Roger Knutson: That is also correct.
Mayor Laufenburger: Okay. And we know, now you can go to the next one Kate. We know
that stable requirements is one of the stipulations or one of the conditions of use, is that correct?
Kate Aanenson: That's correct.
Mayor Laufenburger: Okay. Are there other conditions of use?
Kate Aanenson: They're not spelled out in here but we've made them, they'll have to apply for a
building permit to get the structure.
Mayor Laufenburger: Yep, okay. Just a second here. I'm looking at, just give me a moment
please. Okay, there we go.
Kate Aanenson: Standards for keeping horses.
Mayor Laufenburger: Yeah I'm looking at Section 5-106 which is called revocation. You may
not have it on the screen but may I read it just briefly?
Kate Aanenson: Sure.
Mayor Laufenburger: It says, a permit issued pursuant to this division may be revoked by the
stable inspector if it is determined after investigation by the stable inspector or designated
employee or after holding a hearing thereon preceded by notice of the hearing to be given to the
holder permit mailed et cetera, the permit holder has not maintained the standards set forth in
Section 5-104 and 5-104 makes reference to, whoa wait a second. Excuse me. Further in that
section it says item number 4. The permit holder has treated a horse cruelly or inhumanely or
has not famished adequate care to a horse as set forth in Section 5-89 so do we assume by
reference that the permit holder agrees with the language in Section 5-89?
Kate Aanenson: It would be my recommendation that that would be one of the requirements that
they comply with keeping of horses.
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Chanhassen City Council — March 28, 2016 •
Mayor Laufenburger: Okay and 5-89 specifically says cruel and inhumane treatment. Cruel and
inhumane treatment of horses shall exist where a person fails to provide adequate care to horses.
Adequate care includes but is not limited to the following and then it enumerates a number of
things. My question Kate is, all of these are part of the Article III. Excuse me, Section, I think
it's Section 5, Article III, Horses. My question to you is, do all of these things in our code that
relate to horses, do they apply by reference to the interim use permit or do we have to
specifically state?
Kate Aanenson: Well they would apply because having a horse is implied just like it is like
keeping of a dog or that sort of thing. If you're not meeting any city ordinance.
Mayor Laufenburger: Okay.
Kate Aanenson: They're all enforceable.
Todd Gerhardt: Mayor, council, anybody in the community with a horse would have to comply
with those ordinances.
Kate Aanenson: If they're on 1.74 acres or 3 or 10 or 12 or whatever.
Todd Gerhardt: Right, you don't need to include it as a part of the interim use.
Mayor Laufenburger: Okay, alright. Okay. Let's see. In just a moment I'm going to ask if the
applicant would like to say anything but before I do that I want to just cover a couple other
things. Kate there was some mention in the Planning Commission notes, and by the way for all
the people who are present this evening the council has reviewed all of the Planning Commission
notes including the verbatim from the Planning Commission so we've already read and heard.
We've read letters. We've read letters from neighbors. We've read the applicant's comments.
All of that is part of the public record that we have and that includes among other things the
neighbor concerns where smell and noise of livestock. It would attract more unwanted animals.
Rodents. Vermin. Varmints. Flies. Insects. There was concern for the horse. Access from
Pleasant View as Councilman McDonald mentioned. Runoff from the stable or corral to
Pleasant View Preserve and there's a stipulation in here that the stable just be 200 feet from
wetland. Does this comply with that?
Kate Aanenson: (Yes).
Mayor Laufenburger: And so it's more than 200 feet to the wetland. Home values will decrease
so we're very aware of those particular issues that have been brought to the council's attention. 1
say that because it's, there is not a public hearing tonight but I may ask that if anybody wants to
speaks to something other than these issues from the neighbors but I will do that a little bit later.
Let me see. So without further ado I'd, Mr. McDonald did you have other questions?
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Chanhassen City Council — March 28, 2016
Councilman McDonald: Yes I did Mr. Mayor.
Mayor Laufenburger: Okay.
Councilman McDonald: I have one other question for staff. One of the things that I guess I got
confused on was a couple years ago we did have an issue come up dealing with livestock and I
was kind of banking upon that but I understand that was a different situation within the ordinance
and that was property under the one acre size. My question is, have we got any plans to review
the ordinances in this particular area to really kind of look at what would and would not be
allowed within a residential area concerning livestock?
Kate Aanenson: We had brought that forward in 2014 and I think at that point we were
concerned that just because someone has an acre and a half it might be substantially wet. It
might be heavily wooded. It might be on a steep slope so we had talked about recommending
that there be minimum standards for acreage and at that time it did not move forward for a code
amendment but we can certainly go back and revisit that.
Councilman McDonald: Okay so we can go back and reevaluate.
Kate Aanenson: Absolutely.
Councilman McDonald: Okay, thank you.
Mayor Laufenburger: But I would point out if, if in the future we were to evaluate that and if the
council decided that let's say for example 3 acres would be needed in order to accommodate a
horse would, and if this interim use permit were approved would this interim use permit be,
would this operate under a legally non -conforming?
Kate Aanenson: Yes. Yes.
Mayor Laufenburger: Is that the status it would operate under?
Kate Aanenson: Yep.
Mayor Laufenburger: Okay. I'd like to hear from the applicant if the applicant is present this
evening. Would you mind addressing the council. Tell us your name and address.
Nancy Link: Good evening. My name is Nancy Link and I live at 6285 Ridge Road.
Mayor Laufenburger: Welcome. Nice to have you here Nancy.
Nancy Link: Thank you. Thank you so much and you did like most of my pages here so thank
you very much. I understand that the neighbors have concerns and so I have done my best to try
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Chanhassen City Council — March 28, 2016
to address a lot of those, although it's sort of built into naturally to the City of Chanhassen with
it's annual reviews for the permit. There's a stable inspector on staff and every year you have to
make sure that you're keeping up with all the standards and making sure that the smell and noise
and what not so.
Mayor Laufenburger: Nancy if I can interrupt you. It sounds like what you're telling us is that
you've reviewed all of the requirements of keeping a horse on your property. All of the
ordinances. All of the suggestions. The inspections, all of that and you're prepared to comply
with all of that is that correct?
Nancy Link: Correct.
Mayor Laufenburger: Okay, very good. Keep going.
Nancy Link: Let's see. A couple of things I just want to make sure that I completely address is,
and obviously you did read all the notes from the Planning Commission. There is a ditch, sort of
a creek kind of thing that nuns off of Pleasant View and kind of meanders down the property line
into Silver Lake and that was something that was of concern just because of runoff and what not
so I wanted to make sure that it was completely clear that I'm working with Minnesota Green
which is helping me to make sure that we engineer that paddock area such that the drainage goes
away from Silver Lake and that ditch in particular. The other issue I wanted to make sure that
we address is just that because we are making this stable, we're building it. I'm putting some
money into it for the property value. I don't want to limit it to just being a stable so I'm making
sure it's something that could be used for storage and for whoever lives there next or if this
miniature horse doesn't work out it's going to be a nice accessory structure as it's called in the
city so I just wanted to make sure that that was clear. And actually a neighbor had also
wondered about electricity and water down to the stable and those are both things that we have
covered with the builder. And then as far as.
Mayor Laufenburger: When you say you've covered them with the builder so your plans are to
have power to the building.
Nancy Link: Yeah. Yep.
Mayor Laufenburger: And water.
Nancy Link: Yes.
Mayor Laufenburger: So it's flowable throughout the year including during winter months.
Nancy Link: Yes. Yep and the electricity part of it is important for keeping the water from not
freezing. The stable is not going to have a sink or a toilet or a shower. It's just going to have
water available to give to the horse. Another important aspect to the fencing I want to address
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Chanhassen City Council — March 28, 2016
really quickly is that there's going to be 4 standard sized gates just for individuals that have self
closing and self latching mechanisms and then the access point on Pleasant View Road is again
just to reiterate it's just going to be for any kind of service call or delivery. We're only going to
get the hay delivered twice a year because it's something that we have planned on storing so it's
not a big in and out all the time kind of thing. Let's see. And we are not going to have a trailer
to transport the horse. We have Cleary Lake Veterinaries down in Prior Lake. They make house
calls and I've already contracted with them to take care of him for his, you know whatever shots
and those kind of things that need to take place in keeping him healthy. So I just I guess the last
thing I want to say is just I, some of you here might be parents like I am and I view my job as a
mom to help my kids foster their interests and to learn and grow and one of my children came to
me and asked about a miniature horse and once I looked into it, the more I learned about it the
more I thought it was a good idea and then when it came to the City of Chanhassen and I realized
that I was zoned properly for it, it just was something that I explored and here we are so I
absolutely I want no harm to my neighbors and it's not, I think there's sort of a, there's two sides
to the win of property value. One realtor might say that a miniature horse will bring it down
when another realtor actually might say that it could bring it up so I think that's just a matter of
opinion but again I'm not trying to upset anybody. I just, this was something that came up and
so here we are.
Mayor Laufenburger: Okay before you go would you mind answering a few questions?
Nancy Link: Sure.
Mayor Laufenburger: Can you tell us a little bit about your family Nancy?
Nancy Link: My children range, my oldest is a junior at the Minnetonka High School. A boy.
His name is Roy and then I have a freshman at the high school, Walker.
Mayor Laufenburger: Teenagers.
Nancy Link: He just turned 15 and passed his permit test so we have 2 drivers I guess now.
Mayor Laufenburger: Have you told the neighbors about this already?
Nancy Link: Walker has his permit.
Mayor Laufenburger: Keep going. Keep going.
Nancy Link: And then my daughter Vada is, she's 11. Fifth grader soon to be at the middle
school in Minnetonka. Minnetonka Middle School West and then I have a fourth grade boy and
so when I told them that the permit had passed on the 15'b the boys all went like this, yes because
they're excited for their sister to get something special.
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Chanhassen City Council — March 28, 2016 •
Mayor Laufenburger: And her name is Mada?
Nancy Link: Vada.
Mayor Laufenburger: Vada, okay. Have you, do you have any current pets?
Nancy Link: We do. We have an almost 6 year old Cavalier King Charles spaniel dog and then
we have an almost 2 year old golden retriever.
Mayor Laufenburger: Oh okay. How do they feel about Smoke?
Nancy Link: I think they're excited.
Mayor Laufenburger: Have they met Smoke? Where is Smoke currently?
Nancy Link: He is at the breeder which is in Clear Lake, Minnesota and they have not but the
breeder has dogs on her property along with her, I think she has 10 miniature horses right now
and yeah.
Mayor Laufenburger: I would like to ask you about the gates if I can and the gates are shown
here. So it's identified as 6 total. With Kate's help can you just describe each of these gates for
us Nancy if you wouldn't mind.
Nancy Link: Yes so on the top of the screen, that represents the north side so we'll have a gate
at.
Mayor Laufenburger: By the pool? Along side the house.
Nancy Link: Yeah basically on the north side of the house so the driveway is that sort of
speckally, yep.
Mayor Laufenburger: Okay so there'll be a gate right there.
Nancy Link: And so there'll be a gate over here.
Mayor Laufenburger: Okay. And by the way is this fence, is this fence that we're looking at
right now, is this depicting a chainlink or a wood fence or what is that?
Nancy Link: That thicker line is going to be a cedar fence.
Mayor Laufenburger: Like a vertical cedar fence?
Nancy Link: Yep.
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cil— Chanhassen City CounMarch 28, 2016 •
Mayor Laufenburger: Okay, alright. And that will continue along to the east.
Nancy Link: Yep.
Mayor Laufenburger: Okay.
Nancy Link: Until basically the trees sort of take over.
Mayor Laufenburger: Okay. And are we now showing a chainlink fence?
Nancy Link: Yes.
Mayor Laufenburger: Okay.
Nancy Link: So where the trees take over the chainlink takes over.
Mayor Laufenburger: Okay. So what's the purpose of that gate right there?
Nancy Link: You know I just I, the last house that I lived in we had a fence around the property
and there was just certain times where maybe a ball went over the fence and you have to go
retrieve it and it was hard to climb the fence or go all the way around so it just kind of made
sense to me to make sure that if we needed to get to that area there was something.
Mayor Laufenburger: So access to the farther yard, okay.
Nancy Link: Yeah.
Mayor Laufenburger: And again that's chainlink along there right?
Nancy Link: Correct.
Mayor Laufenburger: Okay so that chainlink will then continue all the way in a southerly
direction to that comer. Is all of that chainlink or will there be some wood in there as well?
Nancy Link: Well the property right now has a, I guess you call it just a wood fence, rail fence
that goes along the property line.
Mayor Laufenburger: Wait, no I'm talking about the portion of the fence that goes from the gate
on the north, south to Pleasant View. That right there. Is all of that chainlink?
Nancy Link: Yes sir.
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Chanhassen City Council —March 28, 2016 •
Mayor Laufenburger: Okay, alright. That's all chainlink. So now we're on Pleasant View. Is
this also chainlink along here?
Nancy Link: Yes.
Mayor Laufenburger: Okay and this is where you plan to put in a permanent access gate for
temporary usage, is that correct?
Nancy Link: Yes.
Mayor Laufenburger: Okay, and that will be large enough so that a vehicle can come in to
deliver hay and you said twice a year?
Nancy Link: Twice a year.
Mayor Laufenburger: Alright. How about removal of waste? How often will that be necessary?
Nancy Link: You know that is something we plan to do every week.
Mayor Laufenburger: Okay. Is that something you as a family will do or is that a service?
Nancy Link: We're going to start out as a family.
Mayor Laufenburger: Okay.
Nancy Link: And then go from there.
Mayor Laufenburger: Okay, alright. Okay so let's continue. So we've got chainlink. Now
we're at the corner and now we're going back towards the corner the corner of the house. That is
all chainlink as well?
Nancy Link: Yep.
Mayor Laufenburger: And is there a gate there?
Nancy Link: That will be another small gate, yep.
Mayor Laufenburger: Access gate kind of thing, okay. Okay, so that's chainlink with exception
of the top by the pool that will be, how high will that cedar fence be? Do we have a requirement
Kate for the height of a fence around a pool?
Kate Aanenson: Yes we do. I don't remember it off the top of my head but yes there is a
requirement of type of fence and height of fence.
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Chanhassen City Council — March 28, 2016
Mayor Laufenburger: Okay. Do we require a fence around the pool area? I know the pool is,
the hole is there and you've got I think slate or something around the outside. Do we require a
fence around the pool area or is it sufficient for us to have a fence around what I would call the
back yard?
Kate Aanenson: It's around the back yard is fine.
Mayor Laufenburger: That's acceptable, okay. Alright. Okay now let's talk about the stable
area. Okay we have the building which is identified there. That's the lean to building right or
the?
Nancy Link: With a lean to, yep.
Mayor Laufenburger: That you want to be potentially an accessory structure.
Nancy Link: Right.
Mayor Laufenburger: And Kate we know that that structure would qualify as an accessory
structure, is that correct?
Kate Aanenson: That's correct.
Mayor Laufenburger: Okay, ahight. And then right in front of that there will be an open area
where Smoke can go in and out by his choice, is that correct?
Nancy Link: Correct.
Mayor Laufenburger: Okay, so then now talk about the fence that's around that corral area.
What kind of fence is that?
Nancy Link: Yes. So that we had planned to make, it's called a 4 rail ranch style so it's similar
to the wood fence that currently surrounds the property.
Mayor Laufenburger: Pleasant View. The one on Pleasant View?
Nancy Link: Yes. Yes.
Mayor Laufenburger: Okay. Same separation on the rails or will it be narrower?
Nancy Link: It would be a little bit, yeah. It would definitely be narrower.
Mayor Laufenburger: Okay so you've got to keep, how big is Smoke?
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Nancy Link: He is 38 inches in height and he weighs 175 pounds.
Mayor Laufenburger: Okay so clearly the fence around the corral needs to be appropriate for.
Nancy Link: Absolutely.
Mayor Laufenburger: Okay, alright.
Nancy Link: And a chainlink fence is not appropriate.
Mayor Laufenburger: Why not?
Nancy Link: Because they can push into it and it's not sturdy enough to withstand their, that was
just what the breeder had told me.
Mayor Laufenburger: Okay.
Nancy Link: So I still want the chainlink fence to go around the entire property for the pool and
then the automatic pool cover is another safety thing that's there.
Mayor Laufenburger: Okay. So let's go back to the picture of the fence. The one where, the
drawing where the fence, there. Okay. So now on the, on the east side of the corral, can you
move your red dot there? No, east side. Of the corral. So that you have it dotted.
Nancy Link: There you go.
Mayor Laufenburger: So that's got chainlink going from the gate all the way down to Pleasant
View so are you going to put a wood rail fence so that that's what Smoke comes in contact with?
Nancy Link: Yep.
Mayor Laufenburger: Okay.
Nancy Link: It will be basically a double fence because the chainlink will be there and then the
corral area will be separate kind of within.
Mayor Laufenburger: Okay.
Nancy Link: And mainly the reason that I wanted to do that was just in case this doesn't work
out we're not having to go back in and redo the fence to accommodate the pool.
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Chanhassen City Council •arch 28, 2016 •
Mayor Laufenburger: Gotch ya. Okay. We didn't talk about the gates on the corral. You've
got 2 gates shown on the corral. One on the north side and one on the south side, is that correct?
Nancy Link: Yes.
Mayor Laufenburger: And those would be rail gates. Hinged rails is that correct?
Nancy Link: Yep. Yes.
Mayor Laufenburger: And what's that purpose?
Nancy Link: Well the, Mike Austin who is the builder he just suggested that making sure you
could access the corral area from both sides and then the stable itself will have a door. Just
making for safety reasons just to make sure that we can get in as easily as needed.
Mayor Laufenburger: Okay. Alright. And once again Nancy you're familiar with all of the, all
of the code regarding the inspections. The stable requirements, all of that is that correct?
Nancy Link: Yes.
Mayor Laufenburger: Okay.
Nancy Link: And even one of the conditions I was going to suggest too that if it would make my
neighbors more comfortable we could put the condition in there that this is just for one horse.
Well we already stated that anyway. That if we wanted to add another one, which we don't
intend to, and we don't intend to get full sized horses. You know just anything to make their
comfort level.
Mayor Laufenburger: Does Smoke have playmates at Clear Lake?
Nancy Link: Yes.
Mayor Laufenburger: Does he like that?
Nancy Link: You know.
Mayor Laufenburger: I'm asking you to kind of understand the mind of the horse here Nancy, I
realize that.
Nancy Link: I know. I know. And Angie who, she runs.
Mayor Laufenburger: Angie Sauer?
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Chanhassen City Council — March 28, 2016
Nancy Link: Yes. She knows her horses very well and she is comfortable. I mean she has,
she's been an integral part of all of this from, she's kind of my behind the scenes person because
I've asked her a lot of questions and she has a wealth of information and she's been in this
business for a long, long time and she would not put Smoke into a situation that she was not
comfortable with and so having said that she thinks that he will do fine. We have been visiting
him over the last several months and she's been working with my daughter on training him and
just getting to know his personality and those kind of things so, did I answer the question?
Mayor Laufenburger: Yeah I just, I did some reading about miniature horses and they are.
Nancy Link: They're herders.
Mayor Laufenburger: They're a herd animal and they like, you know like your dogs. You dogs
think of you as part of their pack. That's why they like to spend time with you right? Here
we're talking about a horse that's going to be in a stable, in a corral and the visitors will be Vada,
Roy, your other one?
Nancy Link: Walker and Wyatt.
Mayor Laufenburger: Walker and Wyatt so.
Nancy Link: And James, the dog.
Mayor Laufenburger: Well they're not going to be there all the time.
Nancy Link: Right.
Mayor Laufenburger: Does that concern you about Smoke at all?
Nancy Link: You know it doesn't just because Angie has been so forthcoming and protective of
him and if she is comfortable with it then I'm comfortable with it. We do have a Plan B and.
Mayor Laufenburger: Always good to have a Plan B.
Nancy Link: Yeah.
Mayor Laufenburger: You want to describe it to us or not?
Nancy Link: Plan B is a stable, it's down in, it's right on the Chaska/Chanhassen border on
Flying Cloud Drive at 101. It's about 6.8 miles from door to door and she has 4 stables and she
currently just has 1 horse and a goat and she said that Smoke is more than welcome to board
there for a price every month and she would take care of him and do all the hay but we could
come and go as we like.
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Chanhassen City Council larch 28, 2016 •
Mayor Laufenburger: Have you considered that as your Plan A and your own stable as a Plan B?
Nancy Link: I have.
Mayor Laufenburger: Okay. Have you had pets in the past besides dogs?
Nancy Link: Yes. We have had a snake.
Mayor Laufenburger: How'd that work out?
Nancy Link: That was good. That was Walker's little pet. We've had, my kids have won at the
school, sometimes they'll give away goldfish or hamsters and what not so we've had some
hamsters over the years. We've had guinea pigs and we've had rabbits.
Mayor Laufenburger: And they've been enjoyable?
Nancy Link: Oh yeah.
Mayor Laufenburger: And your kids have acted responsibly with them?
Nancy Link: (Yes).
Mayor Laufenburger: Okay. Do you have any other questions for the applicant? Thank you
Nancy.
Nancy Link: Thank you.
Councilman McDonald: Excuse me Mr. Mayor.
Mayor Laufenburger: Oh go ahead Mr. McDonald.
Councilman McDonald: I think you pretty much answered the question. I mean you talked
about us adding some additional restrictions as far as you know only for one mini horse and not
for regular sized horses and also the restriction on the gate on Pleasant View. You're okay with
adding those restrictions then?
Nancy Link: I am.
Councilman McDonald: Okay.
Nancy Link: Actually came out Sunday morning and a tree had come down in the yard.
Thankfully it didn't hit anything but once they lift the road restrictions I'm going to get my tree
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Chanhassen City Council — March 28, 2016
people out to dispose of that which it would be nice to have that access point if it was closed off
at this point to take care of those kinds of things.
Councilman McDonald: Okay, thank you.
Nancy Link: Thank you.
Mayor Laufenburger: Let's see. Oh Kate, can you bring up the sixth point of the permit. There
general issuance standards. Can you speak to these Kate and this really is in response to Roger's
comment that if we believe that these have been satisfied then we must issue the permit, is that
correct Roger? Am I saying.
Roger Knutson: That's correct Mayor.
Mayor Laufenburger: Okay, alright. So let's just go down these one by one.
Kate Aanenson: Again we believe in the first one. That does meet the conditional use standards.
It also conforms to the zoning regulations.
Mayor Laufenburger: Okay just the standard is, is a private stable allowed in a residential single
family area?
Kate Aanenson: (Yes).
Mayor Laufenburger: Okay it is. Alright.
Kate Aanenson: Yep, yes. And as would be accessory structure of this size too if that was to go
away and that was just a stable. Again the zoning district does allow for interim use permit of
the stable. We've identified a termination date. We actually put 3 potential termination factors.
Mayor Laufenburger: Just remind us what those 3 are again.
Kate Aanenson: Sure. There was 3 of them. One would be if the property were to subdivided.
The second one would be a sale of the property and then the third one would be that if additional
right-of-way was required for Pleasant View Road that impact the size of the lot itself.
Mayor Laufenburger: So sale of the property says that this is a permit that we're issuing to the
applicant with this property description.
Kate Aanenson: Right.
Mayor Laufenburger: Zoning, et cetera.
IR
Chanhassen City Council arch 28, 2016 •
Kate Aanenson: Right and I would say that would be finther in the fact that this applicant is
proposing one miniature horse so if you're restricting it that way you wouldn't want somebody
to come in and think they could put in 2 full sized horses.
Mayor Laufenburger: Okay but as we know if this property owner sells their property a new
property owner could not come in and assume that they can have one miniature horse at that
stable? They would have to make application to us.
Kate Aanenson: That's correct.
Mayor Laufenburger: Alright.
Kate Aanenson: And then again the use would not impose additional costs to the public again
going forward in the future and we don't believe that would be the case. And then again that the
user would agree to conditions that would, deem appropriate in order to minimize the impact and
we've talked about what those might be and that would be limiting to one and then access to, off
of Pleasant View would be limited to two minimal service operations such as bringing in hay
twice a year.
Mayor Laufenburger: Okay so it appears that the latitude that the council has is related to
number 6 which is conditions the City Council deems appropriate for permission of the use. I'm
looking for confirmation from Mr. Knutson on that, is that correct?
Roger Knutson: That's correct.
Mayor Laufenburger: Okay. Just for clarity then, listening to council comments and some
things that I've read Ms. Aanenson I would like you to just make record of these things. I think
it's appropriate that before the horse takes occupancy of this, assuming the permit is to be
granted. Before the horse takes occupancy we have our stable inspector go out to inspect the
stable, the corral, and everything even before the horse takes occupancy, do you understand that?
Kate Aanenson: Yes.
Mayor Laufenburger: Okay, alright. I don't think it's stipulated but I think it's appropriate that
the applicant is building a structure that will be big enough to store all of the feed, the hay and all
the materials needed to properly care for this horse. Is that a condition that we can put place on
this?
Kate Aanenson: So your condition is making sure that the structure's large enough to store hay
and.
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Chanhassen City Council itarch 28, 2016 •
Mayor Laufenburger: No, not that it's large enough but that the structure as proposed by the
applicant will be the storage area for all feed. For all hay. All the materials needed to take care
of this animal.
Kate Aanenson: Correct, I think that's reasonable, correct.
Mayor Laufenburger: I think I'm looking for a nod from you Nancy. Do you understand that?
Is that okay? Alright. I'd like to make sure we have a stipulation that water is running year
round. She's already said that but I think we need to make that.
Kate Aanenson: Yeah.
Mayor Laufenburger: That's not in the, that's not stated anywhere in any of the documentation.
Kate Aanenson: If I may Mayor I think she said water and electricity.
Mayor Laufenburger: Water and electricity.
Kate Aanenson: Yes.
Mayor Laufenburger: Year round, okay. Mr. McDonald has mentioned the placement of a gate
on the Pleasant View side of the property that is a, it's a permanent gate for temporary usage.
Kate Aanenson: There was one other one that the applicant brought up if I may.
Mayor Laufenburger: Yes.
Kate Aanenson: And that was regarding a drainage towards the creek. That she was working
with the Minnesota Green to make sure that the drainage towards the creek was minimized.
Mayor Laufenburger: Do we have a, do we have somebody who can validate that?
Kate Aanenson: Yes.
Mayor Laufenburger: So if we made it part of the condition then we could validate that?
Kate Aanenson: Yes.
Mayor Laufenburger: Okay. What do you think about that Nancy?
Nancy Link: I think that's great.
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Chanhassen City Council — March 28, 2016
Mayor Laufenburger: Okay. And then last, let's talk about this one horse thing. We've said that
we can do that. You've indicated that your plan is for one horse. Council do you feel okay
about putting a stipulation that's one miniature horse only? Mr. McDonald.
Councilman McDonald: Just so it's understood it's a miniature horse, not a regular horse.
Mayor Laufenburger: One horse miniature type.
Councilman McDonald: Okay.
Mayor Laufenburger: Oh, I want to speak about this noise and smell. This seems to be very
critical for the neighbors, and appropriately so. Now I recognize and again I've done some
reading as you have and you've experienced this Nancy, I would want to make sure that there,
you said weekly. That seems like a lot if this is a 175 pound. Probably the size of a Pyrenees or
a Newfoundland right?
Nancy Link: Correct.
Mayor Laufenburger: I wouldn't want to hold you to once a week, though I think that's a good
discipline to follow. I don't think I want to be prescriptive on that. I would just like to say to
ensure prompt and timely removal of accumulated manure and waste.
Nancy Link: Fair enough.
Mayor Laufenburger: You see in the ordinance, or in the language it says that the winter
accumulation must be removed by May 1'. I would not want to have the neighborhood have a
winter accumulation go from first snowfall on Halloween until May 1', right.
Kate Aanenson: I think leaving it prompt and timely is probably the best only in the fact that we,
I'm not sure that we would have staff to go out and inspect every week. Otherwise it would be
nuisance space so prompt and timely would be.
Mayor Laufenburger: Prompt and timely and it certainly goes without saying Nancy that yes,
assuming this permit is granted the best watch dogs that we have on this will be your neighbors
you know. And by the way I think good fences make good neighbors so, okay. Alright. So I
think that's 1, 2, 3, 4, 5. I think that's 6 additional conditions. Is that what you have?
Councilman McDonald: If I could Mr. Mayor, let's go back to the gate.
Mayor Laufenburger: Okay.
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Chanhassen City Council arch 28, 2016 •
Councilman McDonald: What are the restrictions on the gate? I understand she's going to need
it to bring hay on and off but how often are we going to allow utilization of the gate? For what
poses?
Mayor Laufenburger: Well that's a good question Mr. McDonald. What are your thoughts on
that?
Councilman McDonald: Well again I would like to see it used for not ordinary purposes.
Delivering hay is not an ordinary purpose to a house. I'm concerned about the removal of waste.
How are you going to get it off if you can't go through that gate? Otherwise you've got to truck
it up the hill and to your driveway so I'm sure you want to use the gate for that. My concern is
really public safety onto Pleasant View and to have a truck and traffic coming in and off of that
road so I would say.
Mayor Laufenburger: Are you thinking of time restrictions? Is that what you're thinking?
Councilman McDonald: No. I wouldn't put time restrictions. What I'm looking at is that the
purpose of it would be to service the animal and any say emergencies with on a property. I mean
you just mentioned a tree came down. Well of course anyone would want access to the property
anyway possible but you know for normal use of delivering things to the pool or something I
would expect those need to come through the driveway so this doesn't become a secondary
driveway.
Mayor Laufenburger: So restricting use of the temporary gate to service the miniature horse
only?
Councilman McDonald: And emergencies.
Mayor Laufenburger: And emergencies.
Councilman McDonald: Right. I'm not going to say you can't get onto your property but I don't
want it to become something where it becomes a secondary driveway either.
Councilwoman Tjornhom: Or a parking lot.
Councilman McDonald: Or a parking lot or anything along those lines.
Mayor Laufenburger: Kate you get the drift of what we're looking for?
Kate Aanenson: Yes.
Mayor Laufenburger: I think we're going to rely on you to craft language that's appropriate to
cover that. Are you okay with that Mr. McDonald?
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Chanhassen City Council•March 28, 2016 •
Kate Aanenson: Yes.
Councilman McDonald: (Yes).
Mayor Laufenburger: Okay.
Nancy Link: I think right now too with all of the construction.
Mayor Laufenburger: You know what, I'm going to need you to come to the microphone so that
Nann can capture your words Nancy.
Nancy Link: I just wanted to add because right now it seems like there's a lot of coming and
going with the pool work that I think people are seeing that access point being used so much and
that could be part of the clarification that they want. That this, once the process is done and
everything's done the gate is purely for convenience of deliveries.
Kate Aanenson: Let's just clarify the construction of the bam is probably going to get accessed
via this way too.
Councilman McDonald: Right.
Nancy Link: Right.
Kate Aanenson: So I think just to be clear on that.
Mayor Laufenburger: So once construction is complete you're talking about.
Kate Aanenson: Correct.
Councilman McDonald: But what I'm talking about, you had a house built across the street from
you about maybe a year and a half ago and there were a lot of complaints about traffic on
Pleasant View at that point. Parking and those things but the City tends to look the other way
because again it's temporary construction.
Nancy Link: Temporary right.
Councilman McDonald: It's the same thing here. I would expect until your done of course you
can use that access. What I'm trying to say is that after everything is built and everything is now
gotten down to a routine, that that doesn't become a secondary access to your property which
you use for a lot of things. Bringing in gardening or you know other truck deliveries or anything.
That's what I'm trying to prevent off of Pleasant View.
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Chanhassen City Council • arch 28, 2016 •
Nancy Link: Yes. Absolutely.
Mayor Laufenburger: Okay I think we need to count on Kate to make sure we get some
language in that effect. Thanks Nancy.
Nancy Link: Okay.
Mayor Laufenburger: Alright let's, unless there's any questions of staff or Mr. Knutson let's
bring it back here for a comment or a motion.
Councilman McDonald: Mr. Mayor.
Mayor Laufenburger: Mr. McDonald.
Councilman McDonald: I do have some comment on this. One of the things I did mention a
couple years ago we had this issue of livestock in residential property. I'm pretty much on
record as not being in favor of that because I do not think that's a proper place for livestock
within a residential neighborhood. However as I've said your property is not the same as what it
was you know 2 or 3 years ago when this came before the council so in looking at this I really
feel I have no choice but to vote for it and support it because you do meet all the requirements. I
don't necessarily approve of it but then again it's your property. I think as long as you meet the
requirements you should be able to do whatever you want on your property so at, you know for
that I will support issuing a permit for this. But at the same time I do look to go back to the City
and I would like us to readdress this issue of livestock within the community and to relook at
those ordinances and I would like to have that done before the end of this year so that is
something that we can look at as a council and vote on so that we have something in place. I
would also think that because of the restrictions and everything that we put on this Mr. Knutson I
don't see a problem down the road if say the property is sold and someone thinks oh boy we'll be
able to put a horse on here because she already had a miniature horse and at the time you could
put horses but if we change the ordinance to say that it's not allowed that does not apply to a
future owner, is that correct?
Roger Knutson: If you change the, right you could have a potentially have a full grown horse,
full sized horse here.
Councilman McDonald: Potentially.
Roger Knutson: If you change the ordinance and someone else comes in then they could not
have that.
Councilman McDonald: Right, okay. Yeah as long as I'm assured of that I think that is
something that City should look at so again I'm asking for review of the ordinance to look at
bringing things kind of up to speed there but in the meantime as I say you meet the requirements
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Chanhassen City Council — March 28, 2016
so you should be able to do on your property what you want to do. I'm in favor of voting for
this.
Mayor Laufenburger: Councilwoman Tjornhom did you have any comments?
Councilwoman Tjornhom: Boy where do I start? I am one that actually, I don't mind people
using their property in a way that brings them enjoyment. It's their property and so if they would
like to have a miniature horse and it is within their right to have a horse I believe that it's not my
place to say you can't have a horse. Now had this been different where you were in a townhouse
and you said by golly I'm going to turn my garage into a stable and put a miniature horse in there
then that's an issue but like I said this was clearly stated before you moved in, before a lot of
people moved into that neighborhood that this is what it was zoned and this is what you could do
with your property and this was part of it. Reasonable use was considered. If you have 1 1/2
acres or more you could have a horse. And I have to say that I don't think I've ever been in a
meeting where there's been so many stipulations added onto it also so I think that tonight I can't,
yeah I think everything is clearly spelled out. Everyone sitting in this room what the
expectations are of what's to happen with the property and how it's to be used. So I will be
supporting it and I probably would have supported it without all the stipulations that were added
also so I hope you and Smoke are all very happy.
Mayor Laufenburger: Thank you Councilwoman Tjomhom. Let me just make a comment
specifically to you Nancy and I think this is critical. I come from a background where pets, I
grew up in Waconia and we had chickens and they were allowed and we had a lot of them and
we had dogs and my wife grew up on a farm in Wisconsin and she had horses, et cetera so I
understand that animals are very valuable teaching tool and experience for both young people
and adults. It can teach people responsibility. Discipline. Respect for nature and God's
creation. It can also teach people the importance of trust between a human and an animal but it
does require sacrifice. It requires when something must be done instead of doing what you want
to do and those are some of the most important lessons that I think kids can team. This is a, yes
it is a right that you have to use your property the way you choose but it's also a privilege and a
responsibility and I would hope that you and your family all recognize that. You are surrounded
by I think it's 13 people who number one don't have the same knowledge and understanding that
you do and they have a little fear about what might come so it's incumbent upon you I think to
not disappoint them because they're going to be with, they're going to be on Ridge Road, that
private mad but some of them long after you are okay so if this permit is approved by City
Council then it will remain in place for one year and during that time you have the permission or
you are allowed to build in accordance with the stipulations. If you don't complete the
construction within that one year then the permit will be revoked. Am I saying that correct Ms.
Aanenson?
Kate Aanenson: The interim use?
Mayor Laufenburger: The interim use permit.
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Chanhassen City Council — March 28, 2016
Kate Aanenson: I'm not sure about that timeline.
Roger Knutson: Substantial construction.
Mayor Laufenburger: Okay, substantial construction must begin within that year's timeframe.
Now this permit doesn't say that you must build that stable. You are permitted or allowed to
build that stable as specified all in accordance with among other things Section 5, Article III
related to horses. Specifically related to the cruel and inhumane treatment. Let's see, and with
that I'm going to offer a motion. Could you bring that language up please Kate? That the
Chanhassen City Council approve the interim use permit to permit a private stable subject to the
conditions of approval and adopting the Findings of Fact including the following conditions.
Inspection of the stable and corral prior to occupancy by the horse. That all feed, hay and all
materials important to the care of the animal be stored inside the stable. That water and
electricity be made available to the horse at the stable year round. That there will be prompt and
timely removal of accumulated manure and waste. That there will be restrictions placed on the
use of the temporary gate on Pleasant View. And that this interim use permit is for a single
horse, type miniature. And that's my motion. Is there a second?
Councilwoman Tjomhom: Second.
Mayor Laufenburger: Thank you Councilwoman Tjorhom. Any further discussion?
Todd Gerhardt: Mayor, council wherever it references horse can we include the word miniature
along with that just so there's no.
Mayor Laufenburger: For clarity.
Todd Gerhardt: Yeah.
Mayor Laufenburger: Yep, that seems reasonable. Alright. There being no further discussion.
Mayor Laufenburger moved, Councilwoman Tjornhom seconded that the Chanhassen
City Council approves the Interim Use Permit to permit a private stable subject to the
following conditions and adopts the Findings of Fact:
1. A building permit is required. If the proposed construction is to be of a "pole -type"
building, a signed structural engineer's design is required.
2. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
3. The applicant shall preserve any significant, healthy trees within the rear yard.
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Chanhassen City Council — March 28, 2016
4. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
5. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3) widening
of Pleasant View Road which takes additional right-of-way from the parcel.
6. Inspection of the stable and corral prior to occupancy by the miniature horse.
7. All feed, hay and all materials important to the care of the animal be stored inside the
stable.
8. Water and electricity be made available to the miniature horse at the stable year round.
9. There will be prompt and timely removal of accumulated manure and waste.
10. There will be restrictions placed on the use of the temporary gate on Pleasant View Road.
11. This interim use permit is for a single horse, type miniature.
All voted in favor and the motion carried unanimously with a vote of 3 to 0.
Mayor Laufenburger: Thank you Nancy. Take the good news to your family. With the good
news comes great responsibility. Alrighty, thank you. Want to thank all of the members of the
audience that were in the chamber this evening. Thank you for your comments leading up to this
and I look for you to support as you are able to Nancy's family's efforts with respect to this new
guest into the neighborhood. Thank you very much.
APPOINTMENTS TO SENIOR AND ENVIRONMENTAL COMMISSIONS.
Mayor Laufenburger: At an earlier meeting we appointed members to the Planning Commission,
the Park and Ree Commission and over the last few work sessions we've interviewed candidates
for the Senior Commission and for the Environmental Commission and once again we had many
applicants that are very interested in giving back to this community and by way of motion I
would like to place these names in nomination. For the Senior Commission I'd like to appoint
Jean Mancini to a 3 year term. Jackie Engel to a 3 year term and Cheryl Ayotte to a 3 year term.
And for the Environmental Commission I would like to appoint Wayne Benbow to a 3 year term.
Bill Chappell to a 2 year term. Charlotte Chappell to a 2 year term. And Balakrishna
Chintaginjala to a 1 year term on the Environmental Commission. Is there a second?
Councilman McDonald: Second.
Mayor Laufenburger: 'Thank you Mr. McDonald. Any comments?
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
MARCH 15, 2016
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, John Tietz, Nancy Madsen, Lisa
Hokkanen, and Maryam Yusuf
MEMBERS ABSENT: Steve Weick
F-1
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Drew Ingvalson, Planner, and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Dan Hanson, Wausau Homes
Keith Jones
Ryan Majkrzak
Jack Fess
Peg Schelitzche
Michael Wistrand
Gayle Vogel
Dave & Amy Vogel
1450 W. Farm Road, Chaska
6265 Ridge Road
9001 Lake Riley Boulevard
6280 Ridge Road
680 Pleasant View Road
9670 Meadowlark Lane
105 Pioneer Trail
9641 Meadowlark Lane
PUBLIC HEARING:
6285 RIDGE ROAD, PLANNING CASE 2016-05: REQUEST FOR AN INTERIM USE
PERMIT TO PERMIT CONSTRUCTION OF A STABLE ON 1.74 ACRES OF
PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT
6285 RIDGE ROAD (LOT 1. BLOCK 1, MEYER'S ADDITION). OWNER: NANCY
LINK.
Bob Generous presented the staff report on this item. The applicant Nancy Link discussed the
request for a stable to house a miniature horse on the property. Commissioner Madsen asked for
clarification on the fencing. Chairman Aller asked the applicant to explain how she will meet the
concerns expressed by neighbors. Commissioner Tietz asked the applicant how she was going to
deal with runoff from the corral area into Silver Lake. Chairman Aller opened the public
hearing. Jack Fess, 6280 Ridge Road provided history of the neighborhood before expressing
opposition to this request. Keith Jones, 6265 Ridge Road expressed concern that the stable could
house 2 full grown horses and the effect on property values. Peg Schelitzche, 680 Pleasant View
Road asked about the location of the stable in relation to their house, concerns with runoff and
City Council Summary — lviarch 15, 2016 •
possible access to Pleasant View Road. Chairman Aller closed the public hearing. After
questions and discussion from commission members the following motion was made.
Yusuf moved, Hokkanen seconded that the Chanhassen Planning Commission
recommends that the City Council approve the Interim Use Permit to permit a private
stable subject to the following conditions and adopts the Findings of Fact and
Recommendation:
A building permit is required. If the proposed construction is to be of a "pole -type"
building a signed structural engineer's design is required.
2. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
3. The applicant shall preserve any significant, healthy trees within the rear yard.
4. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
5. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3) widening
of Pleasant View Road which takes additional right-of-way from the parcel.
All voted in favor, except Commissioner Tietz who opposed and the motion carried with a
vote of 5 to 1.
PUBLIC HEARING: 9001 LAKE RILEY BOULEVARD, PLANNING CASE 2016-06:
REQUEST FOR A VARIANCE TO FENCE HEIGHT ON .98 ACRES OF PROPERTY
ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 9001 LAKE
RILEY BOULEVARD. OWNER: RYAN AND CAROLYN MAJKRZAK.
Drew Ingvalson presented the staff report on this item. Chairman Aller asked for clarification of
the other variances in the area and drainage. Commissioner Tietz asked about the height of the
fence. The applicant Ryan Majkrzak discussed the reasons for the variance request. Chairman
Aller opened the public hearing. No one spoke and the public hearing was closed.
Undestad moved, Yusuf seconded that the Chanhassen Board of Appeals and Adjustments
approves a three foot fence height variance for a six foot, six inch tall, 175 foot long fence in
the shoreland setback as shown in Attachment 6 of the staff report, subject to the following
conditions and adopts the Findings of Fact and Decision:
A gate, at least 14 feet in width, is included with the fence and placed so that the City will
have convenient access to the outfall should maintenance be required.
City Council Summary — • h 15, 2016 •
2. The applicant applies for and receives a zoning permit.
3. The applicant applies for and receives an encroachment agreement from the City.
4. The applicant submit design details for the proposed fence for staff to review the
aesthetics of the fence.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
9641 MEADOWLARK LANE, PLANNING CASE 2016-07: REOUEST FOR
SHORELAND AND WETLAND SETBACK VARIANCES FOR THE CONSTRUCTION
OF A SINGLE FAMILY HOME AND ACCESSORY STRUCTURES ON 2.40 ACRES OF
PROPERTY ZONED RURAL RESIDENTIAL DISTRICT (RR). APPLICANT:
WAUSAU HOMES. OWNER: DAVID VOGEL.
Drew Ingvalson presented the staff report on this item and reviewed options to reduce the
variance amount. Commissioner Madsen asked for clarification on the size requirements for
egress windows. Commissioner Tietz asked for clarification on the benefits of option 2, moving
the structure 9 feet. Commissioner Hokkanen asked for clarification on the variance amount
being requested with the applicant's proposed option 3. Chairman Aller clarified that the
conditions of approval would apply to all proposed options. Speaking on behalf of the Vogel
family, the custom builder Dan Hanson with Wausau Homes discussed the challenges with
building on this site and discussed issues associated with the different options. Chairman Aller
opened the public hearing. Michael Wistrand, 9670 Meadowlark Lane discussed the width of the
tributary creek, and voiced neighborhood support for construction of this house. Gayle Vogel,
105 Pioneer Trail provided background information on the Vogel property that was subdivided
in 1988 and the family's dream of having their kids build on this piece of property. The owner
Dave Vogel discussed the compromises they've done up to this point and voiced support for
option 3. The co-owner Amy Vogel discussed why option 2 will not work and voiced support
for option 3. Chairman Aller closed the public hearing.
Tietz moved, Madsen seconded that the Chanhassen Board of Appeals and
Adjustments, approve a shoreland setback variance from a tributary for the
construction of a single-family home, accessory structures, and driveway, as shown in
Attachment #15 of the staff report, subject to the following conditions:
Planning and Building Department
1. The applicant shall apply for and receive a building pemnit and/or zoning permit for
all structures.
2. The applicant shall erect temporary fencing around the proposed septic locations prior
to any operation of equipment on the site.
City Council Summary — March 15, 2016 •
Water Resources Coordinator
3. The plan must clearly indicate the shoreland impact zone and encroachment therein.
4. The applicant is responsible for any other agency approvals that may be required.
5. No site disturbance may occur until the city has received confirmation from the Board
of Soil and Water Resources that the wetland bank account has been debited thereby
satisfying the approved wetland replacement plan.
6. All erosion prevention and sediment control practices must he properly installed prior
to any earth disturbing activities.
7. Type II sediment control best management practices are required for all areas up
gradient of the wetland, the stream and the lake. This shall be machine sliced silt
fence with metal tee posts or other as approved by the City Engineer.
8. All other pertinent aspects of City Code Section 19-145 must be included with the site
plan including, but not limited to the placement of six (6) inches of topsoil to all
disturbed areas.
9. The city or their representative shall inspect the erosion prevention and sediment
control best management practices prior to any earth disturbing activities.
Forestry Official
10. Clearing and construction limits shall be located outside of shore impact zone and will be
no closer than 100 feet to the Ordinary High Water Level (OHWL).
11. Clearing of vegetation along the shore shall be limited to a strip of 30 feet, parallel to the
shoreline and extending inward within the shore impact zone. The applicant shall use
this clearing for views and access to the lake. No additional clearing is allowed by
ordinance.
12. Per city ordinance, all trees 10 inches and larger within the construction limits shall be
shown on the building permit survey.
Fire Marshall
13. Address numbers shall be posted at the driveway entrance prior to any building
construction. Numbers shall be minimum 12 inches in height, located at the driveway
entrance, contrasting color to the surface they are applied to. Builder shall contact Fire
Marshal for review and approval of numbers.
14. No burning permits will be issued for tree or brush removal.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Yusuf noted the verbatim and summary
Minutes of the Planning Commission meeting dated February 16, 2016 as presented.
ADMINISTRATIVE PRESENTATIONS. Kate Aanenson discussed action taken by the City
Council at their meeting on February 22, 2016 and the upcoming Planning Commission meeting
schedule. Bob Generous reviewed highlights of the Planning Commission's year end report.
City Council Summary — h 15, 2016 •
Undestad moved, Yusuf seconded to adjourn the meeting. All voted in favor and the
motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was
adjourned at 9:30 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
0 0
CHANHASSEN PLANNING
REGULAR MEETING
MARCH 15, 2016
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, John Tietz, Nancy Madsen, Lisa
Hokkanen, and Maryam Yusuf
MEMBERS ABSENT: Steve Weick
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Drew Ingvalson, Planner, and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Dan Hanson, Wausau Homes
Keith Jones
Ryan Majkrzak
Jack Fess
Peg Schelitzche
Michael Wistrand
Gayle Vogel
Dave & Amy Vogel
1450 W. Farm Road, Chaska
6265 Ridge Road
9001 Lake Riley Boulevard
6280 Ridge Road
680 Pleasant View Road
9670 Meadowlark Lane
105 Pioneer Trail
9641 Meadowlark Lane
PUBLIC HEARING:
6285 RIDGE ROAD, PLANNING CASE 2016-05: REOUEST FOR AN INTERIM USE
PERMIT TO PERMIT CONSTRUCTION OF A STABLE ON 1.74 ACRES OF
PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT
6285 RIDGE ROAD (LOT 1, BLOCK 1, MEYER'S ADDITION). OWNER: NANCY
LINK
Generous: Thank you Mr. Chairman, commissioners. Planning Case 2016-05 is a request for an
interim use permit to allow a property owner to build a private stable on their property. Again
tonight is the public hearing and this item will go forward to City Council on March 28`h. The
applicant is Nancy Link who lives at 6285 Ridge Road. I should point out that I did provide 3
pieces of correspondence that were submitted after the staff report went out. All 3 of them are
opposed to approval of the interim use permit for the stable. I did want to explain one of them
was talking about a side issue about the construction of a pool on the property. They have a
valid permit for that and there's nothing under our city code that requires that they provide the
barriers around the hole in the ground. It would be like the City requiring that for every
basement that was constructed in the city and dug out. It's only prior to filling the pool that the
city code requires that a fence be installed on the property so. The other item.
Chanhassen Planning Corn ission — March 15, 2016 •
Aller: If I could just for the record, we have received all 3 items and they will be part of the
packet which will be reviewed and then received by the City Council for final action. Thanks
Bob.
Generous: Thank you. And the second part of it was the shrubs that were taken out and trees
and scattered on the site. We had been in contact with the property owner and she's agreed to
work with her contractor to get that cleaned up so those items will be addressed otherwise. The
property's located at 6285 Ridge Road. It's right on the corner of Pleasant View and Ridge Road
which is a private street. It's in the northeast quadrant. The site slopes down from the west to
the east. To the east is the Pleasant View preserve which is a natural area. It's wooded in this
area and then there's a big wetland complex and then an open water body. The property is zoned
single family residential. Under the RSF district regulations one of the interim uses is a private
stable for horses. The requirements for getting that are that they comply with Chapter 5 which is
our stable permit requirements which specifies all the things that a property owner would have to
do. This property is 1.74 acres in size. City code requires a minimum of 1 '% acres for up to 2
horses and then another half, 2 acres if you want 3 horses and then a third acre for each
additional horse. The easterly part of the site is, has a significant canopy area. Some of the
understory trees and buckthorn have been cleared out by the applicant and their contractors.
Again the request is the interim use permit for a private stable. The RSF district permits stables
as interim uses. What an interim use means is that at some point there is a sunset date on that.
As part of staff's recommendation we came up with 3 items that would trigger that event. One
would be the sale of the home or the property. A second one would be a subdivision of the
property which would make it smaller than ordinance requirements. And the third would be if
the City would have to widen Pleasant View Road and take additional right-of-way to make that
work. We believe that is, the sale of the property allows that if the City should in the future
amend it's ordinances to preclude this type of use that it would not have a non -conforming status
that would be allowed to be continued so. Again the interim use is to construct a private stable
on a property zoned single family residential. It's to allow the owners to have horses and in this
instance while they currently are proposing that they only have one, a miniature pony, ordinance
would allow them to have up to 2 horses. This is a schematic of their property. This is the area
where the pool is going in. It's on the north central part of the site. House is located here. You
can see all the contours. It drops down the hill. They're looking someplace in this area to put
the stable in and then the wetland is off the screen. They exceed the minimum requirements of
separation in city ordinance so. They would have to come in for a separate building permit if
this item is approved by the City Council. As part of the approval they would need to have,
Chapter 5 has what is it? Ten criteria for the approval of a stable permit. Some of the opposition
to this is a concern about noise and you know rodents and smells. However under our stable
permit they're required to keep that in a clean shape and one of the specific conditions are the
shelter or stabling facility shall be clean and sanitary such that it would not be a harborage for
rodents, flies and insects. The City has the right as part of the stable permit operation to inspect
that so if there are complaints we can go out and make sure that it is kept in a wholesome
manner. Manure has to be trucked off the site every once in a while. Unfortunately for the horse
2
Chanhassen Planning Co •ssion — March 15, 2016 •
this site does not provide enough forage for it so they'll have to bring in hay and oats for it to be
fed so. Again they're going to have to enclose this. They have to meet all the requirements of
city code. Annually they would need to come in for a stable permit and at that time we would,
we do have an inspection that our stable inspector performs prior to issuance of the annual
permit. It will be a one story structure. Again has to come in for building permit approval if this
is approved by City Council. Footprint, there's 2 proposed stalls in it. The lean to area on the
east and then the area for storage on the west side of it. Pretty basic facility. It will blend in with
the neighborhood. It's you know attractive building as far as accessory structures go and it's
really not that big. 32 feet total from one end to the other and 16 feet wide so. Staff is
recommending approval of the interim use permit to permit the private stable subject to the
conditions of approval in the staff report and adoption of the Findings of Fact and
Recommendation. With that I'd be happy to answer any questions.
Aller: Just real quick what's our enforcement capability on Title 5? So if they don't meet the
requirements, they don't pass an inspection what is the City going to do?
Generous: The City may revoke their stable permit.
Aller: And if they revoke their stable permit and they say we have a horse here we won't go then
we have to take legal action?
Generous: That's correct. Like any other code enforcement issue.
Aller: Any questions at this time of staff based on the report? If the applicant would like to
come forward we can hear from the applicant. If you could state your name and address for the
record that'd be great.
Nancy Link: Hello. Yes I am Nancy Link and I live at 6285 Ridge Road.
Aller: Great welcome.
Nancy Link: Thank you. I just wanted to start by especially thanking you Mr. Generous. I
know we've worked a lot over the last several weeks but I want to thank all of you, Chairman
Aller and all of the City Council members. Thank you for your public service and I just want to
thank you for this time tonight and this opportunity to speak with you about my family's request
for a permission permit to build this stable. He did a great job. I probably don't have to go into
too much more but my goal for the time tonight is just to keep it short and sweet and informative
and productive. As I stated in my narrative to Mr. Generous on January 29`s the reason that we
want to build this stable is for a 3 year old miniature horse that we currently have at the breeder
in Clearwater, Minnesota. It's about an hour drive one way so our goal is to get him home so
that we can spend more time with him. In an effort to be very forthcoming with the people in my
neighborhood I provided them a copy of basically the narrative that I had provided City Hall.
Some people have stopped by to share in their excitement but others have voiced their concerns
Chanhassen Planning Co •ssion — March 15, 2016 •
and the bottom line that I just want to voice tonight is that I am fully prepared to not only
enhance this neighborhood but to keep everything just as clean and pretty as it already is. We
know that it's going to be a lot of work. My daughter when we go to visit the horse she does
work at the stable. She can't wait to get up there and do it and she can't wait to get up in the
morning hopefully and do it at her home. So we believe that he's going to bring a lot of joy to
our family. He already has and we hope that ultimately it will be a fun thing in the neighborhood
but there was on the committee's summary, the planning committee case summary those 5 points
that you indicated. That the structure be of sound, solid construction and it will also be
aesthetically complimentary to the look and design of our home. We will definitely submit a tree
removal plan in conjunction with the building permit and our goal is to preserve any healthy
trees and just get rid of things that shouldn't be there anyway to make room. And then 4 and 5 is
to meet all the city code Article 5 or Article III, Section 5 requirements. The only thing that I
wanted to clarify under the discussion points, the last part of that paragraph. It starts out, it
should be noted that fences for pool enclosures must be a minimum of 5 feet high. And then it
goes onto say if the applicant intends to use the same fence for both the pool and the pasture
they must increase the height to 5 feet. I just want to make sure I understood that because.
Generous: As part of the permit application for the fence that the City had it said it was a 4 foot
high fence.
Nancy Link: Oh okay.
Generous: So I was trying to clarify that.
Nancy Link: Thank you, okay.
Generous: It has to be 5 feet.
Nancy Link: Okay great. I did not catch that part earlier. Thank you very much. So I'm happy
to take any questions and hopefully I can answer them. I have some wonderful people on my
team, none of which could be here tonight but they said that they would be happy to answer
anything as well if there's questions that I can't handle. I think that's it. Thank you so much.
Aller: Any questions at this point? Commissioner Madsen.
Madsen: I have a question about the fence. So is there a separate fence that will be around the
pool area that's different than the one that would be around the perimeter of your yard?
Nancy Link: Yes and essentially the fence, the pretty part of the fence that will be made of cedar
is going to go along the north side of the home and then once it turns into the more of the brushy
part of the, of my property line it's going to be a black vinyl coated chainlink fence that will
come directly from the north to the south and will actually enclose the whole property for, not
the whole property but the whole back yard for the pool and then contained within that will be
4
Chanhassen Planning Co•ssion — March 15, 2016 •
the small stable with a small pasture area separately. So almost concurrently, does that make
sense?
Generous: Side by side.
Madsen: Side by side so two separate fence areas?
Nancy Link: No so if, if this is the fence around the property of the pool, within that will be a
smaller area that will have the stable and a smaller fence just for that. Just for the horse. Does
that make sense?
Aller: How large is the smaller fence?
Nancy Link: You know we have, gosh my, the Dakota Fence Company has come out and laid
out all those measurements but essentially it's going to be whatever the minimum that is required
for one miniature horse to have adequate pasture grazing capability.
Aller: Okay and then could you tell us a little bit more about the horse itself? The size. The
function.
Nancy Link: Yep absolutely. Miniature horses, they've been around for a long time. They're
very popular in Europe and they have slowly, in the 70's they started to make more of an
appearance in the United States. My daughter, she is 11 and like most little girls she loves horses
and when she turned 10 she really wanted a horse and she knew that wasn't going to happen and
so she discovered Google and then she discovered miniature horses and so as we started to learn
more about them they really strictly are a family pet. They don't have work capabilities.
They're not meant to be ridden. You cannot saddle them and ride them and so it's more of, it's
almost like a dog because you can teach it to do tricks. You can take it on walks. There is a
community in Minnesota that does horse therapy where you can, miniature horse therapy. You
take them to visit nursing homes or hospitals or the like just because they're a nice therapeutic
type of, what's the word. Demeanor about them so they're calm. Very mild mannered animals
and so we have come to know Smoke is his name. We go up and visit him quite frequently and
he's just a delightful little guy so.
Aller: Great and you said you had a lot of people on your team. Are they friends, neighbors or
are they professionals?
Nancy Link: Yes. Bob Rennon is with Minnesota Green and he's been an integral part of kind
of everything. Dakota Fence, Rick Fisher has been my contact with that. And then Mike Austin
is a builder, remodeler who also has 10 horses of his own so he helped design the stable that we
put together. And the pool guy as well but he's not really a part of that so I guess that's it.
Chanhassen Planning Co •ssion — March 15, 2016 •
Aller: And then before I let you go, maybe somebody else has some questions but have you had
an opportunity, you indicated some people had shared with you things that they didn't like. Can
you address some of those? What they were and how you intend to work those things out.
Nancy Link: Yes. My understanding is that there is a concern about noise which he doesn't
make a lot of noise. He does make the sound of a horse but it's just, it's not as boisterous as like
a full sized horse. He weigh 175 pounds. Miniature horses can get up to 250 pounds but he is a
full sized, full grown guy so hopefully he won't gain an extra 75 pounds but they, let's see. So
one concern was the noise and then the smell and you know thankfully these are not, you know
this is one small horse. It's not like a big herd of horses so I'm not concerned about that. I
absolutely agree. I don't want to smell it either but that will be part of the maintenance and
keeping up and the work that is involved with having an animal like this. Let's see. There is a
concern about coyotes which is already been a concern in the neighborhood but I don't know
how else, you know I know that as far as the construction goes that there has been some debris
that was placed and one of my neighbors has noticed trackings from a coyote and so that is
something that I just learned about yesterday. Or was it yesterday? Yeah and so I'm already on
that. But I think coyotes and deer and squirrels, you know these are all part of our natural
environment but hopefully it doesn't bring lots of coyotes in the area. I don't know if that's.
Let's see what else? I guess that's it.
Aller: Any other questions?
Tietz: Yeah Andrew.
Aller: Commissioner Tietz.
Tietz: Yeah I just have a question. There appears to be a pretty significant drainage ditch just
kind of wandering or meandering. Not a creek but a ditch that goes to Silver Lake and into the
wetland. How would you propose to contain any drainage from the paddock or the conal
because it appears that you know it's a heavily wooded lowland vegetation area.
Nancy Link: Yep.
Tietz: I would think you're really not, I'm sorry to make a comment about this, in my estimation
it's going to be very difficult to grow any grass down there with all the shade that you have so
you're essentially creating a corral or a holding area. So how are you going to deal with that and
how are you going to deal with the runoff to Silver Lake?
Nancy Link: Right. So Bob and I, as well as Mike Austin have had lots of discussions about
that and part of several thousand dollars worth of work is going to go into grading that area so it
becomes a flat area for him as well as getting rid of lots of the trees that are providing shade that
doesn't necessarily need to be so shaded back there so I mean we're not going to clear out the
whole area by any stretch but we definitely you know we're having an irrigation system put in
G]
Chanhassen Planning Co•ssion — March 15, 2016 •
with the pool so hopefully we can create a nice pasture that has a lot of grass and we can keep
the runoff. I don't know the technical terms for all that but it's definitely, that is on our list of
areas.
Tietz: So will there be a grading plan submitted.
Generous: As part of the building permit.
Tietz: So the entire area that's proposed as a pasture would have a grading plan submitted in
conjunction with the application?
Generous: Yes.
Tietz: Okay.
Aller: My assumption is they'd also have the typical requirements for the silt fence and things
for purposes of construction to protect the water.
Generous: Yes. Engineering will review their grading plan and all those things get added as part
of our building permit review.
Aller: And because we don't have those plans and it hasn't been approved yet, then the City
hasn't been involved in taking a look at it in any form or fashion at this point?
Fauske: That's correct.
Aller: Any additional questions of the applicant?
Nancy Link: Don't want to get the cart before the horse right?
Aller: Ahight.
Nancy Link: All set, thank you Chairman.
Aller: Great, thank you. Okay we'll open up the public hearing. And invite anyone here who
wishes to speak either for or against the item to come forward. Come up to the podium and state
your name and address for the record. And then your position. Let's have a good conversation
about what you think.
Jack Fess: Well good evening Planning Commission and good evening Nancy. I live directly
across from Nancy and I've been out in Colorado skiing for the last 9 weeks so I rushed home
nonstop believe it or not in my car. 16 hours so I could be here to this meeting and the letter that
my neighbors, well first of all I've managed the Ridge Road Chanhassen section for 33 years
7
Chanhassen Planning Commission — March 15, 2016 •
right now and this road goes all the way back from the subdivision from the time Nancy Marino
was the mayor here to come down with City Council. When that property was all subdivided.
That total property on the right hand side as you're going up from Nancy's corner to the chain is
7 acres. Now I spent considerable time this morning talking to Dr. Marr who owned that
property and I want to give City Council a little bit of history of that property if I can so that
everyone, I mean I've been here 34 years. I've been managing the road 32. He's been here 46
and there is a history of that property with horses and I'd like to let you know. Okay at one time
Dr. Marr's bought that property in 1972. He's a Urologist that's retired. Raised his 2 children
there. Prior to him that property was owned by a man and a woman who had 2 horses. That
fence came from Libby, Montana. Was shipped all the way to Minnesota and installed there
because this guy's father was in the lumber business. We had a death that took place on that
property when a horse, a young kid came through the corral area which was from the original
house down to the corner and he got kicked in the head by a horse. Now that's before I got
there. The gentleman's, the son's name, the family's name was Lindquist. There was a lawsuit
involved. A divorce involved with the guy that owned the property. Subsequently the lawsuit,
the kid was a vegetable I understand.
Aller: Sir, what I'd like to do is kind of narrow the issue down to the problem with horses at the
location.
Jack Fess: Okay here's the situation. The property would have never been subdivided if Mr.
Marr, Dr. Marr knew anybody would apply for a horse, whether it's a small one or big one. One
of the things when he came on that property, Dean Wetzel, Mrs. Wetzel still lives across the
street from that property 3 doors up from Nancy on the lake side. We're all on the take side and
it's the first thing they said to Dr. Marr you better not be putting a horse. Now we were a
township back then. That's one thing but we're not a township today and he said, he looked at
Mr. Wetzel, he didn't even know the situation and said what are you out of your mind? So we
did have 2 horses on there. Now we have 13 houses on the street. We checked with every
owner. The ones that are in Florida for the winter. We have one neutral and we have 12 against
this and I can only tell that we will go to City Council if we have to bring counsel with us. Now
I sent a letter, I hope everybody has gotten it on behalf of my neighbors addressing these. Now
the thing that I'm shocked about coming back and hearing that in the city of, in the town of
Chanhassen if you have 1.8 acres or 1.75, whatever the planner mentioned before you can
possibly put a horse on it. That total property on both sides up there is 14 acres and if you look
at that there's, there's basically those properties are all 1 acre plus. The neighbor across the
street who lives next to me has 2 acres and about a $4 million dollar house. Now we have 4
homes going up right now on Christmas Lake. All of them in the Shorewood side and none of
them are less than $4 million dollars. Now this is a pretty prestige area. We're paying a lot of
taxes down there so here's our basic concerns. Our basic concerns is we're in a residential area.
We've had horse problems before on Christmas Lake when it was across County Road 17. If it
wasn't for Frank Beddor that lake would have been polluted. We fought it for years when we
had commercial horses. We haven't had another horse in that area since 1970. Pat Cunningham
who happens to be the father-in-law of this doctor got rid of his horse after this accident took
Eli
Chanhassen Planning Commission — March 15, 2016 •
place and that's the property where you come around Pleasant View Road to start down the hill
on the right hand side. Pat had one horse. He got rid of the horse. We had 2 horses over on
Christmas Lake Road that caused problems with runoff going into Christmas Lake. Them horses
haven't been there for 20 years. I'd like to know of one other place around where we live where
there's any horse whatsoever in Chanhassen. I'd like to go see it and see what's going on. Does
any, and the other question I ask, if you had a house that's in a million dollar plus range, which
most of those houses are, would you want to be on a private road with a farm animal across the
street in this day and age? I don't think so. Now one last thing. We have one neighbor who
probably has the biggest horse ranch in this area here that lives 4 doors up. This happens to be
the Bar Knot, what town's it in Deanna?
Deanna: Out by Orono.
Jack Fess: Out near Orono that was, here's a Cargill family. The grand daughter that owned
that. They have jumping horses and she takes them all over the world. Flies them in airplanes
even to Dubai.
Aller: Okay sir we have to stay with this property.
Jack Fess: Okay, her answer is when we read the letter to her, she not only thinks it's not a good
idea. She thinks it terrible for the small horse to be there by himself with no other horses.
They've got a llama out there. They even has a zebra for God's sakes in that training stable out
there. There are places you can put a horse that's closer than where this horse is being stabled
today and all due respect we're just shocked as neighbors. Shocked at the idea that someone
would build a new swimming pool and then put a horse in the same property. So we are very
upset and as I read this letter, if you want me to read it out for the general public. Have you all
have a copy it wouldn't be necessary.
Aller: It's going to be on the website and you can receive, you can take a look at it and anyone
at home.
Jack Fess: Well we have 13 residents including Nancy. We have 11 no, one neutral. And we all
have to live together and we do get along together. I don't think there's a better place in
Chanhassen to live. We let everybody come up that private road. We have no problems
whatsoever with neighbors but this is not a very good idea for where we live. I love horses too
but I just came back from Aspen. I researched that whole valley for 50 miles. You couldn't put
a horse in the town of Aspen or Vail, Colorado today. You couldn't put it in Edwards. You
couldn't even put it in the next town down. You'd have to drive 50 miles where people are
stabling their horses out there because they just have zoning laws that you can't do this so I mean
I don't think this is a Chanhassen of 25-45 years ago and I don't think anybody on this Planning
Commission would want to live on a private road where a horse in this day and age with little
kids are going to take care of it with a busy schedule everybody has and the snow we get. And
the other question I have, do we have electric in there? Do we have running water? How do you
0
Chanhassen Planning Co •ssion —March 15, 2016 •
keep it from freezing? I don't know so all I can say we love Nancy and her family but this is not
a good idea and she did not bring it to us before she went to you guys or we would have tried to
talk to her so this is what happens when you don't communicate. I'm sorry.
Aller: Well we appreciate your passion on the subject and thank you for sharing with us. Any
other individuals wishing to come forward.
Keith Jones: Yes please. I'm Keith Jones. I'll keep it real short.
Aller: And your address please.
Keith Jones: 6265 Ridge Road so I'm right next to Nancy.
Aller: Thank you.
Keith Jones: Love Nancy. Most fun neighbors we've had in that house ever so that's been
fantastic but we've been there 19 years. Owned the property for 19 years. Been there 17.
Owned it for 19. My concern, it's not the cute little horse. It's the fact they can have 2 full
grown horses in there. That's true smell. That's true property value, devaluation and other
issues like that that happen. And I am quite concerned about the coyote issue. Yes we already
have them but it will only get worst if something's penned right there. My dog was killed within
100 feet of where that stable would be by a coyote about 10 feet out our back door while she was
going to the bathroom.
Aller: Sorry to hear that.
Keith Jones: While I was watching her and they came in a pack and all that. Well anyway the
point is just don't feel it's right for our neighborhood. Love the Link family. Don't want
anybody to feel bad and I also really appreciated Mr. Generous because I did have a couple
questions about trees and stuff and I appreciate you taking care of those so thank you very much
for your time.
Aller: Thank you for sharing your information. Any other individuals wishing to come forward
at this time to speak either for or against the item before us? Seeing no one come forward I'll gc
ahead and close.
Peg Schelitzche: I do have a comment.
Aller: Oh we do have a person coming forward. Take your time. State your name and address
for the record please.
Peg Schelitzche: Peg Schelitzche and we live at 680 Pleasant View Road which is just adjacent
there. It's that buffer between the two and we just have a couple questions. First of all I'm not
Chanhassen Planning Co •ssion — March 15, 2016 •
seeing on the map exactly where the stable is going to be. Is that, it's not up there now. Okay.
So it's way down in the bottom left hand, bottom right hand comer and we're the house, then
there's buffer land inbetween and then we're the house, the next house right on the corner on
680. We're just concerned as to, first of all the runoff of the leftovers from the horse and all that
and also my husband was concerned also, is there going to be, right now they're working on the
property as I understand it with the retaining wall and the pool is going in but there's not going
to be an access onto Pleasant View Road or is there?
Fauske: An access to?
Peg Schelitzche: An access, another driveway onto Pleasant View Road.
Fauske: No.
Peg Schelitzche: No. Okay right now there is because the workers are using that.
Fauske: Construction entrance.
Peg Schelitzche: Construction okay and so that's just what our concern was is that there would
not be another access to get to the stable or anything like that or for trailering or whatever you're
doing with that to be on Pleasant View Road because we don't need more on Pleasant View
Road that's for sure because we all know it's a bad road to begin with but that was all the
concerns we had and we, like I said I didn't see this map in the printout so I wanted to know
exactly where this was going to be. Thank you.
Aller: Great, thank you. Anyone else wishing to come forward? Seeing no one come forward
I'll close the public hearing and open it up for commissioner comments or questions. Any
feeling on it?
Madsen: I shared.
Undestad: I have a question for Bob there. Maybe you can clarify the potential for 2 large
horses on there. The acreage, the coverage, is the land structure?
Generous: The land is sufficient to permit up to 2 horses.
Undestad: So whether it's a flat pasture or a cliff down, as long as it's that acreage they can.
Generous: Yes we were looking at amending the ordinance what is it a year ago but it wasn't
pursued.
Undestad: Okay.
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Chanhassen Planning Co •ssion — March 15, 2016 •
Aller: If they wanted to upgrade to allow 4 horses would the structure also have to change then?
Generous: I don't believe.
Aller: Because if they built this for a miniature horse and they wanted to bring in 2 horses would
they have to come back? Or would they have to get a building permit and change the building?
Generous: They would just, if they had to change the building they would need a permit but they
wouldn't have to come back to Planning Commission. This is, their approval is now for interim
use permit to have a private stable. And I would have to ask Carol, our horse inspector whether
or not this facility is adequate for full sized horses or if it's undersized.
Aller: Any further questions or comments? I'll entertain a motion to either table or pass or fail
or?
Yusuf. I'll make a motion.
Aller: Commissioner Yusuf.
Yusuf: The Chanhassen Planning Commission recommends that City Council approve the
interim use permit to permit a private stable subject to the conditions of approval and adopts the
Findings of Fact and Recommendation.
Hokkanen: Second.
Aller: Having a motion and a second, any further discussion?
Madsen: I do not.
Aller: Commissioner Madsen.
Madsen: I do not support that. I think there are concerns from the neighbors with regard to the
use of that property and how the neighborhood has grown and I just, I would not support that
motion. I also have concerns about the waste and trucking it out and the fact that if you approve
this for a private stable that doesn't limit it to miniature horses. That large, regular sized horses
could potentially be there.
Generous: Yes theoretically they can have up to 2 horses on this property.
Nancy Link: Can I address that?
Aanenson: Can I just get clarification on what you're discussing. ...the interim use permit I
wanted to separate. So the building permit's a separate process. You're not here to review the
IFA
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Chanhassen Planning Commission —March 15, 2016
building plans. We're showing that for your edification to show what it could be so that will be
managed through, looking at the drainage, the grading and all that to make sure it meets all the
setbacks and accessory structures, square footage so the item before you tonight is whether or not
it meets the criteria for an interim use permit and those are limited to in the ordinance. Does it
meet the criteria of the zoning regulation? It's a permitted use in the zoning district and is that,
and that we gave a date of termination.
Aller: For a sunset.
Aanenson: Yeah, a sunset date so we gave 3 criteria on that. One if the owner changes. Road
improvements and, what was the third one? A subdivision were to occur and then the City
would at no additional cost, let's see. The City will impose additional cost is the public, if it's
necessary to take property in the future so this would typically apply to some other where we're
subdividing or additional sewer and water would be a requirement so if they meet all those
conditions that's the criteria that we're looking for.
Aller: And I think that's where Commissioner Madsen was going. I think what she's looking at
is the ability for the scope to be changed from what the request is with a miniature horse to the
ability if it's approved to just move in 2 horses.
Aanenson: Right, again we're not looking at, we're looking at the interim use for the horses.
We're not looking at size. We're not, we're silent on that. We're just saying does this lot meet
those requirements and in order to address those issues we try to clarify where the barn's going
to sit. How it's going to be managed. Will it be fenced. All those other conditions to make sure
it meets regulations. Not to dismiss those other comments because those are certainly always
important and if there are nuisance problems that we would go out and inspect those.
Aller: What I'm hearing from the City after it's investigation and from reading the report is that
it does meet all the requirements statutorily. In our zoning.
Generous: Yes it appears so.
Aller: And then the question for us would be has anything been presented tonight which would
put those findings into question as finders of fact and that would be the determination in your
minds whether or not you feel as though it meets the requirements based upon what we have
before us or it doesn't. So based on is there any other comment or based on that information and
the comments and the motion and second before us. Any further discussion?
Yusuf moved, Hokkanen seconded that the Chanhassen Planning Commission
recommends that the City Council approve the Interim Use Permit to permit a private
stable subject to the following conditions and adopts the Findings of Fact and
Recommendation:
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Chanhassen Planning Co mi ssion — March 15, 2016 •
A building permit is required. If the proposed construction is to be of a "pole -type"
building a signed structural engineer's design is required.
2. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
3. The applicant shall preserve any significant, healthy trees within the rear yard.
4. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
5. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3) widening
of Pleasant View Road which takes additional right-of-way from the parcel.
All voted in favor, except Commissioner Tietz who opposed and the motion carried with a
vote of 5 to 1.
Aanenson: Then just for clarification for the neighbors this item is scheduled to appear on the
28t', the City Council meeting on the 28°.
Aller: On March 28th.
Aanenson: March 28th, right. Right. Again our staff report was saying did it meet those merits.
We're not judging whether or not it's a good neighbor or not. We're just saying did it meet the
intent of the ordinance so that will be scheduled then for the March 28'h and all the information
that was presented as well as the verbatim Minutes will be attached to this item going forward to
the City Council.
Aller: Correct and those of you at home or present who want to follow that also can receive
these reports and see these reports on the City's website under the Minutes of the Planning
Commission and also on the, the different City Council Minutes section so as it comes forward
and it moves forward as a package you'll be able to click on that link and look at the PDF's
including any reports, letters, information and the verbatim information and documentation that
was received tonight. Okay moving forward to item number 2.
PUBLIC HEARING: 9001 LAKE RILEY BOULEVARD, PLANNING CASE 2016-06:
REQUEST FOR A VARIANCE TO FENCE HEIGHT ON .98 ACRES OF PROPERTY
ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 9001 LAKE
RILEY BOULEVARD. OWNER: RYAN AND CAROLYN MAJKRZAK.
Ingvalson: Thank you Chairman. Correct so this planning case is for a height variance for a
fence that is in the shoreland setback. Here is an image of the, an aerial image of the property.
On the left you can see that the property is adjacent to Lake Riley. It is also on Lyman
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Chanhassen Planning Co• ssion — March 15, 2016 •
Boulevard and Lake Riley Boulevard at the intersection. The lot is a bit irregular shape as a very
long portion that is along Lyman Boulevard. There is also a tributary that comes into the
property. You can see is a bit irregular shaped due to the tributary coming in. At this point I'd
also like to note that there was a email sent to the City. It was left in front of you. It is from a
Rosemary Kelly dated March 13'". This was submitted to the City after the staff report was
completed so it essentially says that it objects to the height and solid material construction of the
fence. Are requesting that it is a shorter fence specifically stating that it negatively impacts the
aesthetic view along the lake. Can I verify that everyone received that?
Aller: And again for the record we've received that document. It will be attached to the record
and proceed if necessary to the City Council for further action as well.
Ingvalson: Great, thank you. One of the definitions that we'll have during this presentation is
the difference between lake proper and shoreline. Lake proper, if you're looking at the image to
the right will consist of the shoreland as you would see is where the lake continues along
whereas shoreline will actually be where the ordinary high water mark is for the lake. That
ordinary high water mark cuts into this property so the property line actually cuts in this way.
It's not a straight line across here but it cuts inbetween. A little bit of history about this property.
The parcel originally looked something like the image on the left and if you look on the county
website this is what the parcel comes up as. However in 2011 the City vacated a portion of the
right-of-way. The portion that was vacated you can see in yellow and actually gave this, moved
the property line to the west giving it more area and allowed it to build a home on this property.
In 2013 the property owner came forward and built a house on the property. As you can see on
the right, this is a survey that was submitted by the property owner and this is what the actual
property lines are. There is a property line that cuts in on this portion of the parcel and that is
where the ordinary high water mark is. Here's an image of the property looking southeast. You
can see it's at the intersection of Lake Riley Boulevard and Lyman. Moving forward with the
request. The property owner is requesting a 3 foot fence height variance to construct a 6 foot, 6
inch tall, 175 foot long privacy fence that is located within the 75 foot shoreland setback. The
property owner is requesting a variance for a couple different reasons. The first two are really
related to the traffic that is going on along Lyman Boulevard, as you probably know. It's a very
busy street. These images are taken on the right from Lyman. This is along the sidewalk. The
other one is across the street. The first ... area is about traffic. So the applicant is looking to
decrease car traffic noise and also vehicle headlight glare. After going out to the property it's
apparent this could be a potential issue for the property owner. If you're looking at here from the
bottom picture, it's very easily could be headlights that are flashing into this area even though
the backyard or onto the deck that is on the rear part of the property as you can see here. There's
also issues of noise. It's a very busy street. It's very possible that there is a noise issue for the
property owner so that's the first part. The property owner's also looking to prevent a couple
other issues that they've had since purchasing the property. One of those is to prevent
trespassing across private property to access Lake Riley. The applicant stated that people have
been accessing the lake through this wooded area probably with the assumption that that's public
property. However it is private property if you're looking on this image. They'd be cutting
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Chanhassen Planning Co • ssion — March 15, 2016 •
across through here which is their private property. The applicant has come up with a couple
different ways to reduce this from happening. They have put up signs which I saw when I was
on site stating no trespassing. They said this deterrent has not really stopped people from
trespassing across their property. The other issue that they have is that they're looking to
provide a little more privacy in their back yard. If you look from the sidewalk there is very
limited privacy in the back yard. You can see right back there. The deck and everything in the
rear yard so those are the big points they've had for why they are requesting this variance. Here
is the proposed plan that the applicant has submitted. If you look onto the right the blue line is
the location for the fence. Like I said before it's going to be 6 foot, 6 inches tall and 175 feet
long which doesn't cover the entire property. It actually only covers probably closer to half the
property line along Lyman. It will be outside the sight triangle so I know one concern that I've
heard from a resident was not being able to see as they drive up from Lake Riley Boulevard onto
Lyman. The City does require that fences are not within the sight triangle which is 30 feet from
ways from this corner of the property so when a car comes up they will be able to see both ways
on Lyman. The fence is also going to be located one inch off of the property line per city code
and will be approximately 5 feet off of the public sidewalk that's located on Lyman Boulevard.
And if you look here, this is probably our best illustration of where the property line is. This
green line is the ordinary high water mark which will be where the property line is and also down
here is where the lakeshore continues so from the lakeshore the fence is definitely outside of the
lakeshore proper area. 75 feet however because our definition of where the lake is with this inlet
includes the lake so it'd be a part of that setback requirement of 75 feet which the fence is
definitely within so the request for the variance is due to this 75 foot setback. Also something to
note is that if this continuation of the lake went through this way the fence would be permitted by
the height. The height is 6 feet, 6 inches tall. This is the maximum height allowed within the
City so they would not be exceeding the maximum height allowed per city code. They'd be at
the maximum height. However because it's within the shoreland there are restrictions to protect
the aesthetic view from other properties, from both the lake side and from the public side. And
oh one more thing to note, on this next slide. So here is the, the reason that this inlet exists is
because there's drainage coming from a property across the street at Riley Ridge Park. There's a
wetland here. The City actually has a culvert that cuts across Lyman Boulevard and deposits
into this inlet from the lake which creates this location. One condition that the City has added
for this variance is that there will be a gate located here, at least 14 feet side to allow access to
the City in case there was some sort of concern with the culvert there so we could have
maintenance. Here's an image from across the street. What the fence will approximately look
like. The fence will approximately go to this point. It will be about 6 '/z feet fall. Will block this
portion of the property. This is looking east from across the street Lyman Boulevard. Here is
what it will look like a little bit with in the spring. I know the image before shows what it will
look like in the winter. As you can see in the spring or summer time, I took this off of Google
Maps street view. It's a very vegetated area. There will be a loss of view obviously with
anything that's put up with that is a privacy fence. However that view will be minimal due to the
amount of vegetation that's already in the area Here's another view along the sidewalk. As you
can see here is where the fence will stop. It will be about 5 feet off of the public sidewalk and it
will be 6 '/� feet high and there may be some trees that will need to be removed. The applicant
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Chanhassen Planning Co • ssion — March 15, 2016 •
hasn't said any trees that they'll be removing but with putting in a fence where these trees are
located something that they'll consider going forward. Here are some trees that will be removed
the applicant has stated. They've said that they are diseased and they'll be removed for that
fence. They originally put in as a barrier from Lyman hoping that it would stop some of the
noise from the traffic. However they said that it has not been adequate. A little bit about the
character of the neighborhood. There are some variances that have gone forward within this
area, specifically 3 requests. Or 4 requests, 3 of which were approved. One of which was
withdrawn. For those 2 of them were for shoreland setbacks. Another one had been for a fence
on a property. So after reviewing this case it's definitely obvious that there's some unique
circumstances with the property and the orientation of it and then also with that inlet that makes
it unique. Due to the unique nature of the property staff is recommending that the Chanhassen
Board of Appeals and Adjustments approves a 3 foot fence height variance for a 6 foot, 6 inch
tall, 175 foot long fence in the shoreland setback as shown in Attachment 6 of the staff report
subject to conditions of approval and adopts the Findings of Fact and Decision. Here are the
conditions. If you have any questions I am open to any of them at this point.
Aller: The variances that were either approved or denied, those were requests for additional hard
cover?
Ingvalson: Yes. They were, so looking at this. They were for a 5 foot front yard and 1 percent
hard cover and then also for a 32 foot shoreland setback. The other variance is for a little bit
over a 10 foot shoreland setback. Here's another approval that was for hard cover and then there
was a denial for a shoreland setback variance.
Aller: Do we see any impact of the fence on the water flow for purposes of drainage one way or
the other?
Ingvalson: No. The culvert.
Fauske: Thank you Drew. The slide here shows in the green the storm water pipe and that's the
conveyance system that staff raised the concern about so the challenge is. There we go.
Maintaining the outlet here to the lake so that that removable panel would allow access to that.
As far as surface flow goes there was no concerns with the fence being constructed at it's
proposed location.
Aller: And for purposes of storm water collection and runoff or water control the City would
have an interest in keeping that open then?
Fauske: That's correct.
Tietz: Drew I have a question regarding the.
Aller: Commissioner Tietz.
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Chanhassen Planning Commission — March 15, 2016 •
Tietz: Regarding the height of the fence. Why was 6 foot 6? Is that just because it's a max in
the city or were any view studies done? You know if there's concern about walkers on the
sidewalk, certainly a 6 foot fence would satisfy the privacy of the homeowner walking on the
sidewalk. Were view studies conducted by the applicant?
Ingvalson: I don't believe they completed any view studies per se. I think a lot of it was that
that is the maximum allowed within the city so that was the number that they went with for their
property. I know looking at it, it does drop a bit in this location. However I know that I believe
that the site also raises up in elevation near the home but I think they went with that number
because it was the maximum amount that is allowed in a residential neighborhood within the
city.
Tietz: Okay and do we, does the City have any review authority or ability to look at the
aesthetics of the proposed fence so that we, you know that's a pretty highly traveled road and
it's, there's some very nice homes along there and access and view to the lake.
Ingvalson: We've not added anything to it regarding the aesthetics of the fence. We did, the
applicant did state it would be a privacy fence.
Tietz: Well there's a lot of privacy fences.
Ingvalson: Sure.
Aanenson: It is a variance request. You can ask for reasonable conditions. If you wanted to
make that a condition of the specs or get some more information on that as part of your
conditions for a variance you're certainly within your discretion.
Tietz: Okay, thank you.
Aller: Any additional questions of staff at this point? Hearing none if the applicant would like
to come forward and maybe you can address some issues with the fence that was raised and any
issues that you've heard neighbors discuss with you before would be great.
Ryan Majkrzak: Absolutely. So my name is Ryan Majkrzak. I live at 9001 Lake Riley
Boulevard. The site that was the subject of the application.
Aller: Welcome.
Ryan Majkrzak: So I think the first thing I want to do is just say thank you to the Planning
Commission. My dad actually served on a planning commission for about 8 years when I was
growing up. I know it's many times a tedious job. Long hours and probably not one that you
always get a tremendous amount of positive feedback for so thank you for doing it. I guess the
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Chanhassen Planning Co • ssion — March 15, 2016 •
other comment I'd like to make is I've been very impressed by the process. I had the
opportunity to meet with Mr. Generous and another member of staff before the holidays. I was
actually very impressed. It was a very kind of collaborative, you know kind of helpful meeting.
The spirit of it was kind of how do we work together to solve the issue and I guess I appreciate
that approach and I'd say the report that was published and the presentation from Mr. Ingvalson
also I've got to say he did a great job of summarizing it so I'm not going to repeat because I
think he hit most of the key points but I do want to kind of emphasize a couple of things. You
know one is just trying to do something reasonable here which is you know for any of us with
our houses and our, you know place of residence you want a little bit of privacy so you know
what we didn't realize moving into the house because you move into a brand new house and you
don't understand the lot is. When you sit in our dining room and you have the shades open the
car lights just come straight into where you're trying to have dinner. If you want to sit out on
the patio same thing. And then you know we moved from out of town. We didn't realize how
busy Lymanwas. It's a busy road. It's a noisy road and so the first thing we tried to do wasto
put trees in to kind of do the minimal thing so we spent a lot of money. Put a lot of big trees in.
Found out that they're diseased and they don't really solve the problem anyway. They only
partially block the view and they don't block the noise. I mean trees you'd have to put in a heck
of a lot of trees to kind of get good noise protection so I guess my point in all that is, you know
we're not going to come in with the sledge hammer first. The approach we tried to take was to
do kind of the minimal thing. I guess the second thing I'd emphasize is this is a pretty unusual
lot right. It's not your typical kind of front yard, back yard. You know the back and side yard
kind of extend along Lyman Boulevard. It's I think 400 or 500 feet in total and typically the
house does a good job of kind of blocking noise from the road. Not here. It's an unusual lot.
It's also unusual from the lake side. I think Mr. Ingvalson covered it well. You know we're not
asking to put a fence in within 75 feet of what you or I would consider the lake. What we're
talking about is being within 75 feet of effectively a drainage path that runs across our lot. You
know if that kind of drainage path didn't run across the lot we wouldn't need to do the variance
because it's not within 75 feet of the lake. Of what any of us would kind of look at and say hey
that's the lake. That's the pristine area that we want to look at and to me the purpose of a rule
like that, I get a rule like that. It's because if you've got neighbors next to you, you don't want to
block their view. Well there's no neighbors across Lyman Boulevard for 500 feet and they're
perched up 200 feet on a hill. I put in my application, I drew a blue rectangle where the fence is.
I'm not even sure you can see it on the map. So you put it in to try and kind of not impede that
view. There is this public walking path and so we kind of, we understand that that's a
consideration that people want to use this public walking path and I guess my thought process
there is very similar to Mr. Ingvalson where I mean there are little like 4 or 5 foot openings
between the big spruce trees that we put in already and so I'm not really sure that provides much
of a view to the lake for anybody going by, and we didn't kind of say hey let's build a fence
along the 400 feet along the entire property line. In fact there's over 900 feet of total property
around the 3 sides. We just said hey for the 175 feet where car lights shine into our back yard
and where the noise carries into our back yard, let's just do the minimal necessary to try and, to
try and block that out. So I think specific questions then, one of the questions was kind of hey
can we do something less than 6 % feet and I think this picture does a pretty good job of showing
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Chanhassen Planning Commission — March 15, 2016 •
it. Unfortunately the way the road sets up the direct line of sight into our back yard is kind of
back a little bit right. It's actually pretty well represented by this second picture below so that's
kind of where the line of sight is most direct. Unfortunately the ground slopes away from the
walking path there. In fact it's almost like, it's like a 30 or 40 degree angle so I mean it's funny
you mentioned sight studies. Well me as 6 feet 4 feet tall standing away from the path and my
wife looking then I guess we did a sight study. And the point is you know our house is elevated
right so the ground slopes away. The house is elevated. If I could build an 8 or a 10 foot tall
fence there frankly I would try to because that's what I would need to actually block it block it
that far away. The 6 '/2 was just kind of the most I can do and because it slopes away you know
frankly the sight line, I think to your question Commissioner Tietz the sight line is not blocked in
kind of the further away you get from our house. It's actually blocked more so as you're close to
our house because there the slope is up but as you get further away it actually drops off so I want
to kind of get as much as I can get for protection in that area. So I'll stop there. I'm happy to
answer any other questions that I didn't address. I'm sorry.
Aller: Any additional questions? Not at this point.
Ryan Majkrzak: Okay great, thank you.
Aller: Thank you sir.
Hokkanen: Can you talk about the type of fencing?
Ryan Majkrzak: Oh yeah. So you know again one thing I've been very happy with in this
process is the kind of collaborative nature. I'm happy to, I mean we live there. We have a nice
house there. It's a brand new construction. We don't want an ugly fence either so I mean our
idea was to do a PVC or a vinyl because it's very robust. It will last a long time. I think they
look nice. We would pick a color that would blend in with the surroundings. I mean we don't
want a neon orange fence. We want something that's kind of brown or tan or just blends in.
Frankly I think we would put some shrubs around it to try and blend it in. I mean it's a nice
vegetated area and it's our land. I don't want an eyesore either.
Hokkanen: Thank you.
Aanenson: If I could just comment.
Tietz: Just one other question. If you're going to put shrubs around it how do you, if you're an
inch off the property line and the fence is within 5 feet of the public walkway, where would the
shrubs go?
Ryan Majkrzak: Well so, and if that, if we can't do that then we won't. I guess my thought was
maybe we could back it up a foot.
pill
Chanhassen Planning Commission — March 15, 2016 •
Tietz: Well it's a reasonable idea you know to do some screening especially when you have a 6
%z foot fence.
Ryan Majkrzak: Sure. Yeah I'm, I guess I didn't understand that I needed to like specify it
off...
Tietz: It looked like from the information that you can get as close or they require that you only
be as close as an inch.
Ryan Majkrzak: Exactly.
Tietz: I'd like to see someone install that.
Ryan Majkrzak: Me too.
Tietz: But that doesn't give you any area to do any planting which obviously would soften the
street side.
Aller: But in doing that Commissioner Tietz we'd be reducing the setback again.
Tietz: Oh I know. I'm just commenting on the proposal to put shrubs in front of it. That doesn't
seem to be.
Ryan Majkrzak: So it's a great point. We wouldn't plant shrubs on the City's property. We
understand the idea of where our property line ends. Frankly you know I'm happy to go either
way. I'm happy to put it right next to the property line. I'm happy to back it off 2 feet and put in
shrubs. I'm happy to pay for shrubs to put on the City's property with the fence right there. I
mean I'm just trying to kind of solve a problem in a way that is amenable to the City.
Aanenson: Mr. Chair. If you go further down on, well right immediately going east is city park.
After that you have 2 beachlot associations so one of them is Lakeside beachlot association and
they have a vinyl fence and they have a hedge behind it. I've been to both of those associations
for National Night Out so just looking at that, those are a little bit lower fences but they also have
the shrubs right behind on their own property. They maintain it because they do have a beachlot
there so they keep those locked so there is a fence along that side but it's, it looks like it's quite a
bit lower. Maybe 4 feet but they do have a hedge behind it so that would still be an option to put
the hedge on their property. And that would be consistent with what's kind of around the rest of
that.
Undestad: So just to be clear there you're keeping the fence up within the 1 inch of the property
line and then do whatever the owner wants to do behind it.
Aanenson: Some sort of landscaping, yeah.
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Chanhassen Planning Commission — March 15, 2016 •
Aller: But behind it doesn't help the view of the quick passing through.
Undestad: No. No but, yeah. I mean I'm kind of looking at the elevations too where you know
if he starts moving it away from the property line the thing keeps dropping down the hill.
Ryan Majkrzak: Yeah.
Undestad: You're not going to have a fence.
Ryan Majkrzak: And that's I mean again that's one of the reasons we looked at a fence you're
right because the drainage outlet is so close to the path, there just isn't room to put in 50 feet of
trees to create a buffer. The fence is kind of the most practical alternative.
Undestad: And is that the beachlot, they have the vinyl down there too?
Aanenson: Yeah but their's is chainlink vinyl yeah so you're right, if you're doing a board vinyl
you're not going to get effectively any landscaping on the inside.
Aller: So the chainlink would be filled in with the shrubbery?
Aanenson: Correct, that's how it is on the beachlot side. You've got the, the fence creates the
physical barrier and the gate keeping people out but then the shrubbery also creates that aesthetic
look.
Aller: So it becomes a living fence almost coming up.
Aanenson: Correct.
Aller: Had you thought about doing something like that? Have you gone down and looked at it
and talked to your people about?
Ryan Majkrzak: We have. I mean again I think there's a couple of things right height and then
noise so that's a beachlot for like a common area. No one lives there right so it's kind of a
partial obstruction at, you know however high I think it's a shrub line of maybe 4 or 5 feet so not
as high. Open in the middle. Doesn't block sight. Doesn't block noise.
Aller: Okay. Any additional questions at this point? Thank you sir.
Ryan Majkrzak: Thank you.
Aller: Anyone in the audience wishing to come forward and speak either for or against the item
before us tonight can do so at this time. Seeing no one come forward we'll go ahead and close
i*A
Chanhassen Planning Co • ssion —March 15, 2016 •
the public hearing. Open it up for discussion or comment. Or a motion. Commissioner
Undestad.
Undestad: I'll get a motion here. That the Chanhassen Board of Appeals and Adjustments
approves a 3 foot fence height variance for a 6 foot 6 inch tall, 175 foot long fence in the
shoreland setback as shown in Attachment 6 of the staff report, subject to the conditions of
approval and adopts the Findings of Fact and Decision.
Aller: I have a motion. Do I have a second?
Yusuf Second.
Aller: I have a motion by Commissioner Undestad, a second by Commissioner Yusu£ Any
discussion? I would just state in review of the report and looking at the property and seeing
what's there it clearly is what we would define as something, a property that's unique in nature.
That needs a variance that the conditions are at no fault of the owner. That in fact the City has an
interest in keeping that waterway open and clear and that waterway is partly what causes the
problem. The fence appears to be minimum intrusion compared to going and requesting a
variance which would cover the entire length of the property and the safety issues are addressed
with the sight lines so I would be in favor.
Tietz: Chairman?
Aller: Yes Commissioner Tietz.
Tietz: I would just like to add, I would like the City to review the proposed design of the fence.
The materials that are going to be used and any detailing. I think that's only appropriate since
it's such a highly visible corridor. Your explanation was great but I think it's advisable that we
take a look at that. Thanks.
Aller: And my only question with that Commissioner Tietz is if in fact the City and the applicant
want to move the fence, will he need to come back for another variance?
Ingvalson: Sorry could you repeat that?
Aanenson: If they move the fence one foot or the other would it require it to come back.
Ingvalson: Yes it would so what we will be approving is the location of what has been shown
submitted. They could have it shorter than what they've shown but any movement of it towards
the lakeshore, that would require another, a different variance be required so we'll be approving
exactly what's in Attachment 6.
23
Chanhassen Planning Commission — March 15, 2016 •
Tietz: And isn't it just that link at the drainage way that is within the 75 feet? That there could
be some latitude if the property owner wanted to vary that and maybe do something a little
different along the road?
Aanenson: There are some areas where you could do some plantings.
Tietz: Well yeah if he chose to because as I recall on your plan it's only that segment where the
14 foot gate would have to be installed that's within the 75. Am I wrong?
Ingvalson: You are correct. So the 75 foot setback would be from this point. That would be
continued also from here over to approximately this location. This location could be moved
without any additional variance but anything that is, any portion of the fence that is within 75
feet that's what this variance is being granted for.
Tietz: Okay.
Ingvalson: So it covers a very large portion of the fence because this inlet comes to close to the
property line.
Tietz: So your arrow is not a 75 foot mark? It's indicating, what is your arrow that says 75 feet
from?
Ingvalson: This arrow is showing how far 75 feet is.
Tietz: Yeah but the other one from the shoreline.
Ingvalson: Yep and that's just showing an example of how.
Aller: That would be if it was from the lake.
Ingvalson: Yep, correct. Which is typically what you're looking to protect with this ordinance.
Aller: So if you want.
Tietz: I think the design, I'd like to add that as a condition.
Aanenson: So Mark made the motion. Would you, Mark needs to accept the friendly
amendment.
Aller: Mark needs to accept it as a friendly amendment. If there's going to be an amendment
and what would it be?
Tietz: The applicant submit design details for the proposed fence.
24
Chanhassen Planning Co• ission — March 15, 2016 •
Aanenson: Would you say based on comments that were given at the meeting tonight.
Tietz: That's fine, yeah. That wording would be fine to be that way. I think it's just valuable in
this situation.
Aanenson: It was the aesthetic. That's what we understand.
Tietz: It's an aesthetic issue. It's not a technical issue where it should be located.
Aanenson: Yes.
Aller: Okay great. So having a motion as amended.
Undestad: Yes.
Aller: Commissioner Undestad accepts the amendment. What about the second Commissioner
Yusuf, do you also accept the amendment?
Yusuf Also accepted.
Aller: So we have a motion as amended and seconded. Any further discussion?
Undestad moved, Yusuf seconded that the Chanhassen Board of Appeals and Adjustments
approves a three foot fence height variance for a six foot, six inch tall, 175 foot long fence in
the shoreland setback as shown in Attachment 6 of the staff report, subject to the following
conditions and adopts the Findings of Fact and Decision:
A gate, at least 14 feet in width, is included with the fence and placed so that the City will
have convenient access to the outfall should maintenance be required.
2. The applicant applies for and receives a zoning permit.
The applicant applies for and receives an encroachment agreement from the City.
4. The applicant submit design details for the proposed fence for staff to review the
aesthetics of the fence.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
9641 MEADOWLARK LANE, PLANNING CASE 2016-07: REOUEST FOR
MORELAND AND WETLAND SETBACK VARLANCES FOR THE CONSTRUCTION
25
• John S. Fess •
6280 Ridge Road
Chanhassen, MN 55317-9438
Home 952-474-0045 CITY OFCHANHASSEN
Cel/ 612-845-6243 RECEIVED
MAR 1 Ei 2016
March 7, 2016
CHANHAM P(ANNINOOEPT
Mr. Robert Generous
Senior Planner
City of Chanhassen Planning & Zoning
7700 Market Blvd.
PO Box 147
Chanhassen, MN 55317
Dear Mr. Generous:
Re: Link Interim Use Permit, 6285 Ridge Road, Chanhassen, Case 2016-05
Thank you for the notifications pertaining to the potential change of property use in our neighborhood.
serve as road manager for the south portion of our private road, and we've polled the neighbors on the
Carver County stretch of Ridge Road.
While we love Nancy and her family and have welcomed them into our neighborhood, the large majority
of the neighbors on Ridge Road South in Chanhassen oppose the use of the land for livestock.
We enjoy a quaint, quiet, close-knit and serene area along Christmas Lake, with some of the highest
taxes in the county. Our area is sought after for this reason, and we have little turnover in our
neighborhood. Many have lived here 20, 30 — 40 years plus. The large majority want to keep this
atmosphere with no changes.
A few of the objections include:
• Home and land values will decrease. We are not a farming community. Livestock in the
neighborhood will be a detriment to our property values. We've consulted local lake area realtors.
• Noise and smell is a real concern, as well as runoff from the property leaching into Silver Lake.
• Livestock will attract vermin and varmints. Coyotes are present and a concern in our area. Within
the past couple of years, a neighbor's dog was attacked by a pack of coyotes and killed in the
evenino with the owners nearbv in the vard.
• Neighbors are not opposing the structure, but a miniature horse on the property is not
appropriate. It is a shady property, with little to no sunny pasture area and is surely not ideal for a
Ione horse. The horse should be housed with other animals — on a farm or established stable
facility outside the city.
I speak for the majority of my neighbors on Ridge Road South. We strongly oppose the proposed
variance and ask the Planning Commission and City of Chanhassen to decline it.
�ttull
ly submitted,
Fess Fe
SCANNED
•
Generous, Bob
From: Carolyn Nyman <mncnyman@msn.com>
Sent: Monday, March 14, 2016 12:15 PM
To: Generous, Bob
Subject: Interim use permit - 6285 Ridge Road
Dear Mr. Generous,
We received the notice pertaining to the property use permit to be considered for 6285 Ridge Road. Our
home (first home on right as you enter Fox Path) borders Pleasant View Road and is across the street from the
site being considered. We understand there is a hearing regarding this on March 15, however we wanted to
relay our strong objections in advance:
• We are against allowing livestock in our neighborhood. We are not a farming community- our home
values will decrease.
• We do not want the smell or noise of livestock near our home.
• We are concerned about that the livestock will attract more unwanted animals in the area.
We oppose the proposed variance and ask the Planning Commission and City of Chanhassen to decline it.
Sincerely,
Carolyn & Martin Nyman
6341 Fox Path
Chanhassen, MN 55317
952-470-7414
F
6285 Ridge Road Interim Use Permit Case 2016-05
Note: These photos were taken from my property or in the Pleasant View Preserve •
during February of 2016
Keith Jones 6265 Ridge Road
Talking Points
• Along with all of our neighbors we are very appreciative of the Link family as neighbors. They
are truly wonderful and fun people.
• As with a large majority of our neighbors we do not feel allowing an Interim Use Permit for a
horse barn is good for our neighborhood.
• We feel introducing livestock, no matter how cute, is a bad precedent.
• In addition, I have personal feelings that one or more of the construction crews that have
worked on the pool and boulder wall project may have done actions, or in one case an
inaction, that may have been detrimental to our neighborhood and our community.
• 1 DO NOT believe the Link family are necessarily aware of, or have any fault in these
construction issues. 0
• The remainder of this slide show has to do with my construction concerns that happened in
2015 at the 6285 Ridge road building site.
The 6285 Ridge Rd construction actions in question
I believe some actions of the crews who either cleared the trees, built the boulder wall, or built the
pool may have been detrimental to our neighborhood and the community as a whole: •
1. There has never been a temporary construction safety fence/barrier installed around the nearly
finished pool. The pool has stood open all Fall and Winter. This is very concerning to me
personally, because several years ago my direct supervisor lost a toddler to a fall into a drained
cement pool at his home in Bloomington.
2. Behind the boulder wall, one of the crews left a large pile of brush. This Winter I saw track
evidence that coyotes lived in or at least had been inside that brush pile. We have had several
coyote sightings within a hundred feet radius of that pile this Winter.
3. Last Fall, I followed a large yellow wheeled construction loader, exactly like the one working at
the 6285 Ridge Road site, going East on Pleasant View Rd between that address and the
Pleasant View Preserve with a load of brush in it's loader. It entered the preserve at it's Eastern
most edge off of Pleasant View. I drove past, waited, and saw it exit the preserve without the
load and head back West on Pleasant View Road toward that address. You can still see evidence
of it's tracks where it drove into the preserve in one of the pictures attached.
A,
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Thank you for your time and service to our community.
Keith Jones
6265 Ridge Road
11
0
ANNE MARCOTTE R 2-
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7240 GALPIN BLVD. 700 WEST 96TH STREET
EXCELSIOR MN 55331 CHANHASSEN MN 55317
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9530 FOXFORD ROAD
CHANHASSEN MN 55317
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CHANHASSEN MN 55317
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CHANHASSEN MN 55317 A�
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710 WEST 96TH STREET f
CHANHASSEN MN 55317
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675 LAKOTA LANE A
CHASKA MN 55318
KAREN MASSE 14:
630 WEST 96TH STREET 1-
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• GARY CARLSON/
MARA SCHOTTENBAUER e r
3891 WEST 62ND STREET
EXCELSIOR MN 55331
2 DUNSMORE
730 WEST 96THSTREET
CHANHASSEN MN 55317
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SANDRA KADISAK 1+-L
CHANHASSEN MN 55317
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CHASKA MN 55318
810 PIONEER TRAIL
CHANHASSEN MN 55317
ANN NYE O &D
1641 WEST 63RD STREET
EXCELSIOR MN 55331
CHUCK & SANDY WORM
760 WEST 96TH STREET
CHANHASSEN MN 55317
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Cr� �3 E SCHUBERT ELIZABETH VOGEL /� DAVE & Y WALSTAD
9610 MEADOWLAKR LANE 105 PIONEER TRAIL A 10071 GREAT PLAINS BLVD
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHASKA MN 55318
A,FUSS a. 9 � � 88
C A HAVERLY pf PAWS, CLAWS & HOOVES
750 WEST 96TH STREET 10500 GREAT PLAINS BLVD �r
CHANHASSEN MN 55317 CHASKA MN 55318
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CITY OF
7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.2271110
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: 952.2271110
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
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.2271110
Website
www.ci.chanhassen.mn.us
0
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: March 28, 2016 6�K/
SUBJ: Interim Use Permit to permit a Private Stable
Planning Case #2016-05
PROPOSED MOTION
"The Chanhassen City Council approves the Interim Use Permit to permit a
private stable subject to the conditions of approval and adopts the Findings of
Fact."
City Council approval requires a majority vote of the entire City Council.
EXECUTIVE SUMMARY
The applicant, Nancy Link, is requesting and Interim Use Permit to permit
construction of a private stable to allow her to keep a horse(s) on the property at
6285 Ridge Road. City Code permits private stables in the RSF district with
approval of an interim use permit. The Interim Use Permit must be approved if it
meets the general issuance standards outlined in section 20-232 of the City Code.
(The findings of fact outline compliance with these standards.)
The criteria for approval of a stable permit are specified in Chapter 5, Article III,
Division 2, which include requirements for inspections, that the location of stable
not create a public nuisance, that the facility be maintained in a clean and sanitary
manner, that the keeping and stabling not directly contribute to the pollution of
any public body of water, that the manure be removed at such periods as will
ensure that no leaching or objectionable odors exist and that the shelter be
sufficiently separated from residences off site as well as from wetlands.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on March 15, 2016 to review the
proposed Interim Use Permit. The Planning Commission voted 5 —1 to recommend
that City Council approve the interim use permit. As part of the discussion,
concern for potential runoff, smell, safety and neighborhood harmony were
expressed. However, the stable will comply with city code and be subject to
inspections as required by Chapter 5, Article III, Horses. The Commission found
that the project would be compatible with the neighborhood.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
0 0
Planning Commission minutes for March 15, 20156 are included in the consent
agenda for the March 28, 2016, City Council packet.
RECOMMENDATION
Staff recommends approval of the Interim Use Permit subject to the conditions of
the Planning Commission staff report and adoption of the Findings of Fact.
E V V YxIsi .1 -1 TL -1_D1aM
Interim Use Permit
Schematic of Fencing for Property
Email from Carolyn Nyman to Bob Generous Dated March 14, 2016
Letter from John S. Fess to Robert Generous Dated March 7, 2016
Presentation from Keith Jones at 6265 Ridge Road
Email from Keith Jones
Planning Commission Staff Report Dated March 15, 2016
Minutes from March 15, 2016 Planning Commission
0 0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INTERIM USE PERMrf #2016-05
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an interim use permit for the following use:
To permit construction of a private stable to allow for the keeping of horses on the
property-
2.
roperty
2. Pro . The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 1, Block I, Meyer's Addition.
3. Conditions. The permit is issued subject to the following conditions:
a. A building permit is required. If the proposed construction is to be of a "pole -type"
building, a signed structural engineer's design is required.
b. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
c. The applicant shall preserve any significant, healthy trees within the rear yard.
d. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
e. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3)
widening of Pleasant View Road which takes additional right-of-way from the parcel.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
0 0
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
7. This permit shall expire with the 1) sale of the property, 2) subdivision of the property or
alteration of the property lines, or 3) widening of Pleasant View Road which takes additional right-
of-way from the parcel.
Dated: March 28, 2016
CITY OF CHANHASSEN
LM
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
2016, by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
DRAFfID BY:
City of Chanhassen
7700 Market Blvd-
P.O.
lvdP.O. Box 147
Chan assen, MN 55317
(952)227-1100
2
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From:
Sent:
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Dear Mr. Generous,
• 0
Carolyn Nyman <mncnyman@msn.com>
Monday, March 14, 2016 12:15 PM
Generous, Bob
Interim use permit - 6285 Ridge Road
We received the notice pertaining to the property use permit to be considered for 6285 Ridge Road. Our
home (first home on right as you enter Fox Path) borders Pleasant View Road and is across the street from the
site being considered. We understand there is a hearing regarding this on March 15, however we wanted to
relay our strong objections in advance:
• We are against allowing livestock in our neighborhood. We are not a farming community- our home
values will decrease.
• We do not want the smell or noise of livestock near our home.
• We are concerned about that the livestock will attract more unwanted animals in the area.
We oppose the proposed variance and ask the Planning Commission and City of Chanhassen to decline it.
Sincerely,
Carolyn & Martin Nyman
6341 Fox Path
Chanhassen, MN 55317
952-470-7414
• John S. Fess •
6280 Ridge Road
Chanhassen, MN 55317-9438
Home 952-474-0045
Ceti 612-845-6243
March 7, 2016
Mr. Robert Generous
Senior Planner
City of Chanhassen Planning & Zoning
7700 Market Blvd.
PO Box 147
Chanhassen, MN 55317
Dear Mr. Generous:
Re: Link Interim Use Permit, 6285 Ridge Road, Chanhassen; Case 2016-05
Thank you for the notifications pertaining to the potential change of property use in our neighborhood. I
serve as road manager for the south portion of our private road, and we've polled the neighbors on the
Carver County stretch of Ridge Road.
While we love Nancy and her family and have welcomed them into our neighborhood, the large majority
of the neighbors on Ridge Road South in Chanhassen oppose the use of the land for livestock.
We enjoy a quaint, quiet, close-knit and serene area along Christmas Lake, with some of the highest
taxes in the county. Our area is sought after for this reason, and we have little turnover in our
neighborhood. Many have lived here 20, 30 — 40 years plus. The large majority want to keep this
atmosphere with no changes.
A few of the objections include:
• Home and land values will decrease. We are not a farming community. Livestock in the
neighborhood will be a detriment'to our property values. We've consulted local lake area realtors.
• Noise and smell is a real concern, as well as runoff from the property leaching into Silver Lake.
• Livestock will attract vermin and varmints. Coyotes are present and a concern in our area. Within
the past couple of years, a neighbors dog was attacked by a pack of coyotes and killed in the
evening with the owners nearby in the yard.
• Neighbors are not opposing the structure, but a miniature horse on the property is not
appropriate. It is a shady property, with little to no sunny pasture area and is surely not ideal for a
Ione horse. The horse should be housed with other animals — on a farm or established stable
facility outside the city.
I speak for the majority of my neighbors on Ridge Road South. We strongly oppose the proposed
variance and ask the Planning Commission and City of Chanhassen to decline it.
Fess
0
6285 Ridge Road Interim Use Permit Case 2016-05
Note: These photos were taken from my property or in the Pleasant View Preserve •
during February of 2016
Keith Jones 6265 Ridge Road
Talking Points
• Along with all of our neighbors we are very appreciative of the Link family as neighbors. They
are truly wonderful and fun people.
0
• As with a large majority of our neighbors we do not feel allowing an Interim Use Permit for a
horse barn is good for our neighborhood.
• We feel introducing livestock, no matter how cute, is a bad precedent.
• In addition, I have personal feelings that one or more of the construction crews that have
worked on the pool and boulder wall project may have done actions, or in one case an
inaction, that may have been detrimental to our neighborhood and our community.
• 1 DO NOT believe the Link family are necessarily aware of, or have any fault in these
construction issues. •
• The remainder of this slide show has to do with my construction concerns that happened in
2015 at the 6285 Ridge road building site.
The 6285 Ridge Rd construction actions in question
I believe some actions of the crews who either cleared the trees, built the boulder wall, or built the
pool may have been detrimental to our neighborhood and the community as a whole:
1. There has never been a temporary construction safety fence/barrier installed around the nearly
finished pool. The pool has stood open all Fall and Winter. This is very concerning to me
personally, because several years ago my direct supervisor lost a toddler to a fall into a drained
cement pool at his home in Bloomington.
2. Behind the boulder wall, one of the crews left a large pile of brush. This Winter I saw track
evidence that coyotes lived in or at least had been inside that brush pile. We have had several
coyote sightings within a hundred feet radius of that pile this Winter.
3. Last Fall, I followed a large yellow wheeled construction loader, exactly like the one working at •
the 6285 Ridge Road site, going East on Pleasant View Rd between that address and the
Pleasant View Preserve with a load of brush in it's loader. It entered the preserve at it's Eastern
most edge off of Pleasant View. I drove past, waited, and saw it exit the preserve without the
load and head back West on Pleasant View Road toward that address. You can still see evidence
of it's tracks where it drove into the preserve in one of the pictures attached.
The pool under construction does not have any construction safety fencing/barrier.
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Thank you for your time and service to our community.
Keith Jones
6265 Ridge Road
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11
0 0
From: Keith Jones <Keith.Jones@moscoe.com>
Date: March 22, 2016 at 12:57:35 PM CDT
To: "council@ci.chanhassen.mn.us" <council@ci.chanhassen.mn.us>
Cc: "dlaufenburger@ci.chanhassen.mn.us" <dlaufenburger@ci.chanhassen.mn.us>
Subject: City Council agenda for March 29, 2016 Case 2016-05 6285 Ridge Road Interim Use Permit.
March 22, 2016
Dear Honorable Chanhassen City Council Members,
On the City Council agenda for March 29, 2016 there will be Case 2016-05
6285 Ridge Road Interim Use Permit.
This letter's intent is to respectfully ask the council to deny that Interim Use
Permit.
Unfortunately due to work commitments, I will not be able to be present at
the council meeting so I wanted to take this opportunity to go on record with
you. I did attend and speak at the Planning Committee meeting, but
directly before the vote, a city person informed the committee the vote was
only for "did the lot meet the criteria for this Interim Use Permit". I would not
have attended the public hearing if I knew that the neighbor's concerns
(beyond if the lot met the criteria) could not be taken into consideration for
that vote.
My family enjoys the Link family as neighbors, but as with the large
majority* of our neighbors we do not feel allowing an Interim Use Permit for
a horse stable is good for our neighborhood or city.
*There are thirteen homes on Ridge Rd South. One home is the applying
for the permit. Of the remaining twelve homes, eleven are against the
permit being granted, the other wants to remain neutral.
We feel introducing livestock, no matter how cute, is a bad
precedent. Even though the current plan is for one miniature horse, the
permit would allow the stable to house two full-sized horses.
Below are some of the reasons we feel a horse stable would be detrimental
to our neighborhood:
• Our home and land values will probably be negatively affected. (A
neighbor confirmed this with local lake area realtors).
• Livestock noise and smells are real concerns.
0
• The runoff from the property onto my property, the Pleasant View
Preserve, and leaching into Silver Lake are concerns.
• Penned livestock will attract even more coyotes into our
neighborhood. (Our dog was killed by coyotes in our backyard,
approximately 150 feet from where the proposed barn would be
located).
• This lot is not suitable for horses. Massive amounts of trees would
need to be taken down to allow for any grass to grow. Transforming
those natural woods into a pasture would be a shame.
• Removing the trees would increase noise and light pollution from
neighboring Pleasant View Road.
We feel the best thing for our neighborhood and our city is to have the
horse/horses housed at a stable facility away from the residential part of
our city.
Thank you for your time and service to our community.
Sincerely,
K'/ tkj o wes
Keith Jones
6265 Ridge Road
Cell: 612-819-4559
Email: kj996(a)hotmail.com
CITY OF CHANHASSEN
PROPOSED MOTION:
PC DA& March 15, 2016
CC DATE: March 28, 2016
REVIEW DEADLINE: March 29, 2016
CASE #: 2016-05
BY: CD, AF, RG, JM, ML, JM, JS
"The Chanhassen Planning Commission recommends that City Council approve the Interim Use
Permit to permit a private stable subject to the conditions of approval, and adopts the Findings of
Fact and Recommendation."
SUMMARY OF REQUEST: Request for an Interim Use Permit to construct a private stable.
LOCATION: 6285 Ridge Road
(Lot 1, Block 1, Meyer's Addition)
PID 254650010
APPLICANT: Nancy Link
6285 Ridge Road
Chanhassen, MN 55317
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential Low Density
ACREAGE: 1.74 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion
in approving or denying interim use permits, based on whether or not the proposal meets the
standards outlined in the Zoning Ordinance and city code. If the city finds that all the applicable
standards are met, the permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting and Interim Use Permit to permit construction of a private stable to
allow her to keep a horse(s) on the property. Specifically, she is looking at keeping a miniature
pony on the property.
APPLICABLE REGULATIONS
Chapter 5, Article III, Horses
Chapter 20, Article IV, Division 5, Interim Use Permits
Chapter 20, Article XII, "RSF" Single -Family Residential District
Planning Commission • 0
6285 Ridge Road IUP Request — Planning Case 2016-05
March 15, 2016
Page 2 of 4
BACKGROUND
Meyer's Addition was approved on November 20, 1978. The house was constructed in 1993.
Building and zoning permits were issued in August and September 2015 for a pool, retaining
wall and fence.
DISCUSSION
The applicant desires to construct a stable to house a miniature horse. At present, only one horse
is proposed, but based on the size of their property up to two horses may be allowed. An
enclosure must be erected around the pasture. There is currently a gate in the fence along
Pleasant View Road, which staff assumes will provide access for the hay delivery, which will be
necessary since there is insufficient natural forage for a horse on the site. The applicant has a
permit to install 470 feet of four -foot tall, black vinyl chain link, and 59 feet of six-foot tall cedar
wood fencing. The applicant will need to show where this fence will be located. The applicant
shall verify with the stable inspector that this area is sufficient for the horse confinement area. It
should be noted that fences for pool enclosures must be a minimum of five feet high. If the
applicant intends to use the same fence for both the pool and the pasture enclosure, they must
increase the fence height to five feet.
City Code permits private stables in the RSF district with approval of an interim use permit.
A stable permit shall be issued by the city clerk upon approval by the stable inspector if the
following conditions are met:
(1) Minimum acreage for two horses shall be 1'/: acres, and for three horses shall be two
acres, and an additional one-third acre shall be required for each additional horse.
(2) No stable permit shall be issued for a lot of less than one acre.
(3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep
the animal or animals confined within.
(4) A shelter or stabling facility which will keep the animal or animals comfortable and
protected from the elements and which shelter or stabling facility shall be no closer
than 100 feet from any structure other than the applicant's, which is used for residential
purposes.
(5) The shelter or stabling facility shall be so located so as not to create a public nuisance.
(6) The shelter or stabling facility shall be clean and sanitary such that it will not be a
harborage for rodents, flies and insects.
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the
pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) All accumulations of manure shall be removed at such periods as will ensure that no
leaching or objectionable odors exist, and the premises shall not be allowed to become
unsightly.
(10) The shelter structure shall be a minimum of 200 feet from any wetland.
Planning Commission •
6285 Ridge Road NP Request — Planning Case 2016-05
March 15, 2016
Page 3 of 4
A building permit is required prior to the construction of the stable. If the proposed construction
is to be of a "pole -type" building, a signed structural engineer's design is required.
The site slopes from the west to the east with a high elevation in the northwest corner of the
property of 960 and a low elevation of 914 along the east property line of the parcel. The south
and east portions of the property are wooded. The applicant should look at locating the stable so
that they do not have to remove trees.
The applicant is proposing to construct a stable and pasture on the subject property. Currently
the rear yard is thoroughly wooded with a described understory of buckthorn. The applicant
does not specify a total for the tree removal area that will be done for the pasture but does state
that the pasture will be a quarter of an acre. The application also states that a thin line (four to
five feet deep) of vegetation along the south property line will remain. The rear yard has some
buckthorn and a closed canopy consisting of a mix of basswood, black cherry, ash, boxelder and
other native species. The properties adjacent to the north and along the east side of Ridge Road
have Tree Conservation Easements in their rear yards. The property to the rear is a city park,
Pleasant View Preserve. Overall, this neighborhood is heavily wooded. The subject property
does not have a conservation easement and is governed by the city ordinance that prohibits a
clear cut of a property. Staff would encourage the applicant to preserve any significant, healthy
trees within the rear yard.
Planning Commission • •
6285 Ridge Road IUP Request — Planning Case 2016-05
March 15, 2016
Page 4 of 4
Interim use permits have sunset dates. Staff is proposing that this interim use permit end with
any of the following occurrences: 1) sale of the property, 2) subdivision of the property or
alteration of the property lines, or 3) widening of Pleasant View Road which takes additional
right-of-way from the parcel. The sale of the property would necessitate that a future owner not
be allowed to continue the stable should city ordinance be revised to remove this type of use
from the RSF district. However, should the use still be allowed, the new owner would be able to
proceed through the public hearing process to receive approval.
RECOMMENDATION
Staff recommends that the Planning Commission approve the interim use permit and adopt the
Findings of Fact and Recommendation subject to the following conditions:
1. A building permit is required. If the proposed construction is to be of a "pole -type" building, a
signed structural engineer's design is required.
2. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
3. The applicant shall preserve any significant, healthy trees within the rear yard.
4. The applicant shall meet the requirements of City Code Article HI, Section 5, Horses.
5. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3) widening of
Pleasant View Road which takes additional right-of-way from the parcel.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Application Narrative.
4. Reduced Stable Elevation.
5. Reduced Stable Floor Plan.
6. Reduced Lot Survey.
7. Public Hearing Notice and Mailing List.
8. Rescheduled Public Hearing Notice and Mailing List.
g:�plan\2016 planning cases\2016-05 6285 ridge road interim use pennit\staff report link iup.doc
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Nancy Link for an Interim Use Permit to permit construction of a private horse
stable (Planning Case #2016-05).
On March 15, 2016 the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Nancy Link for an interim use permit to allow a private
stable for the property located at 6285 Ridge Road. The Planning Commission conducted a
public hearing on the proposed interim use which 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 RSF, Single -Family Residential District.
2. The property is guided by the Land Use Plan for residential low density use. The legal
description of the property is: Lot 1, Block 1, Meyer's Addition.
3. When approving an interim use permit the city uses the standards for a conditional use permit,
the city must determine the capability of a proposed development with existing and proposed
uses. The general issuance standards of the conditional use Section 20-232, include the
following 12 items:
a. The private stable will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The stable will
be integrated into the site and be similar to other accessory structures in the
neighborhood.
b. The private stable will be consistent with the objectives of the city s comprehensive plan
and the zoning code. The stable will be an accessory use to a single-family home.
c. The private stable will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area similar to other accessory
structures in the neighborhood.
d. The private stable will not be hazardous or disturbing to existing or planned neighboring
uses because the stable and paddock will be contained within the site perimeters.
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e. The grading operation will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use. The grading is temporary which does not need to be served by public
facilities and services. The proposed grading will improve storm water management in
this area.
f. The private stable will not create excessive requirements for public facilities and services
and will not be detrimental to the economic welfare of the community since this site
already contains a home and will generate no additional demands on public facilities.
g. The private stable will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents,
or trash. The conditions of the approval will provide standards by which the activities
should be minimized.
h. The private stable will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
L The private stable will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance. The installation of the stable
should minimize the removal of significant, healthy trees.
j. The private stable will be aesthetically compatible with the area since the accessory
structure is similar to others within the neighborhood.
k. The private stable will not depreciate surrounding property values since the location will
minimize its impacts on the surrounding properties.
1. The private stable will meet standards prescribed for certain uses as provided in Chapter
5, Article III, Division 2 of the Chanhassen City Code.
4. The planning report #2016-05, dated March 15, 2016, prepared by Robert Generous, et al, is
incorporated herein.
is
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The Planning Commission recommends that the City Council approve the interim use
permit to permit a private stable on property located at 6285 Ridge Road.
ADOPTED by the Chanhassen Planning Commission this 15`^ day of March, 2016.
CHANHASSEN PLANNING COMMISSION
Its Chairman
COMMUNITY DEVELOPMENT DENTMENT
Planning Division — 7700 Market Boulevard CITY OF CHMNSEN
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: -91 �i - / (o PC Date: J - I - ( to CC Date60-Day Review Date: ?J --1 i -I (e
Section 1: Application Type (check all that apply)
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
❑ Comprehensive Plan Amendment ......................... $600
❑ Minor MUSA line for failing on-site sewers ..... $100
❑ Conditional Use Permit (CUP)
❑ Single -Family Residence ................................ $325
❑ All Others......................................................... $425
❑� Interim Use Permit (IUP)
R1 In conjunction with Single -Family Residence.. $325
❑ All Others......................................................... $425
❑ Rezoning (REZ)
❑ Planned Unit Development (PUD) .................. $750
❑ Minor Amendment to existing PUD ................. $100
❑ All Others......................................................... $500
❑ Sign Plan Review ................................................... $150
❑ Site Plan Review (SPR)
❑ Administrative.................................................. $100
ElCommercial/Industrial Districts. ...................... $500
Plus $10 per 1,000 square feet of building area:
( thousand square feet)
Include number of existing employees:
Include number of new employees:
❑ Residential Districts ......................................... $500
Plus $5 per dwelling unit (_ units)
❑� Notification Sign (City to install and remove) .......
❑ Subdivision (SUB)
❑ Create 3 lots or less ........................................$300
❑ Create over 3 lots .......................$600 + $15 per lot
( lots)
❑ Metes & Bounds (2 lots)..................................$300
❑ Consolidate Lots..............................................$150
❑ Lot Line Adjustment.........................................$150
❑ Final Plat ..........................................................$700
(Includes $450 escrow for attorney costs)'
'Additional escrow may be required for other applications
through the development contract.
❑ Vacation of Easements/Right-of-way (VAC)........ $300
(Additional recording fees may apply)
❑ Variance (VAR) .................................................... $200
❑ Wetland Alteration Permit (WAP)
❑ Single -Family Residence ............................... $150
❑ All Others ....................................................... $275
❑ Zoning Appeal ...................................................... $100
❑ Zoning Ordinance Amendment (ZOA)................. $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
.............. $200
0 Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address
( 35 addresses)
Escrow for Recording Documents (check all that apply)....................................................................... $50 per document
❑ Conditional Use Permit ❑� Interim Use Permit ❑ Site Plan Agreement
❑ Vacation ❑ Variance ❑ Wetland Alteration Permit
❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements)
TOTAL FEE: $680.00
Description of Proposal: Request for an Interim Use Permit to construct a stable in the Single Family Residential (RSF)
Zoning District.
Property Address or Location:
Parcel #: 254650010 Legal Description:
6285 Ridae Road
Lot 1, Block 1, Meyer's Addition
Total Acreage: 1.74 Wetlands Present? ❑ Yes ® No
Present Zoning: Single -Family Residential District (RSF) Requested Zoning: Not Applicable
Present Land Use Designation: Residential Low Density Requested Land Use Designation: Not Applicable
Existing Use of Property: Single family residence
❑v Check box is separate narrative is attached.
UAIPJ_C'
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct.
Name: Nancy Link Contact:
Address: 6285 Ridge Road Phone: (952) 270-1367
City/State/Zip: Chanhassen, MN 55317 Cell:
Email: nancy9569@ms Fax:
Inl.com
Signature: �e cc{ icichPci letter Y— Date: 1/29/16
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
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.
PROJECT ENGINEER (f applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
❑r Property Owner Via: ❑� Email ❑ Mailed Paper Copy Name:
❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address:
❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip:
❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required). SAVE FORM PRINT FORM SUBMIT FORM
UAIPJ_C'
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APPLICATION FOR INTERIM USE PERMIT
Including the Statement of Compliance
With the 12 General Standards
As Presented
By:
Nancy Link
6285 Ridge Road
Chanhassen, MN 55317
AM
January 29, 2016
To:
The City of Chanhassen, Minnesota
7700 Market Boulevard
Chanhassen, MN 55317
Our family is excited about the prospect of building a small barn/stable on our
property with the hopes of eventually bringing our miniature horse to live here
with us in Chanhassen.
We have spenta great deal of time designing a stable/bam that would provide
adequate shelter for our miniature horse and also match the look and feel of our
home. The plans are attached. You will note there are two stalls in the plans, but
at this time, we only have plans to have own miniature horse. It was deemed
best by our builder (Mike Austin) to include two stalls should that change as they
are herding animals. We used the below photo as a starting point for drawing up
the plans so the structure will look very similar to this:
the lean to will be Class 5 gravel and NOT cement
as pictured above.
'ZC4NNT�D
E
Meet "Smoke"
•
q%uel)
Smoke is the name S"to our 2 -year old miniature horse that we bought from
the Buckon Ranch in Clearlake, Minnesota in 2015. Smoke is friendly and mild-
mannered and enjoys interacting with people, other miniature horses and dogs.
a
MINIATURE HORSES
As you may or may not know, miniature horses make great family pets. They are
not the same as ponies. Miniature horses are calm and mild-mannered animals
that live to be on average 25-30 years of age. They are often brought into
hospitals and nursing homes to bring a happy positive experience to those who
might be lonely or ill. For now, we just look forward to having him with us, but as
time goes by, we may get more involved with the miniature horse therapy
community. They do make the neigh sounds of a regular size horse.
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SHELTER
As indicated in the attached drawings, we are excited about the plans for our
stable/barn. It should be noted that many neighboring homes on Ridge Road as
well as Pleasant View Road have similar structures on their properties; some are
storage sheds, others are boathouses and the like. We think that the plans we
have come up have the same look and feel of these structures.
The stable/barn will be over100 feet from our home and will be situated such that
the lean to is SOUTH facing so as to provide the best shelter from all elements
for Smoke. It should be noted that in the summer, miniature horses get a thin
coat that allows them to be comfortable on hot and humid days. In the winter,
they get a wooly coat that keeps them warm, even in the sub -zero temperatures
we experience here in Minnesota. This shelter will be sufficient size for him and
will be free of injurious matter, maintained regularly and well ventilated with
windows and sliding doors as well as a cupola. We will keep the stable/barn
clean and sanitary such that it will not be a harborage for rodents, flies and
insects.
FENCING
As you may be aware, we are 90% of the way completing an outdoor concrete
pool at our home. This project began late last summer and was halted when the
weather no longer cooperated.
We have already contracted & obtained the permit with Dakota Fences Unlimited
to fence in our property to meet the requirements for the pool. We will also be
working with the Dakota to fence -off a separate area to contain the miniature
horse so that he is under control and contained in the stable area. The fence will
be made of sturdy wood.
PASTURE
The above-mentioned fence for the stable/barn will contain a quarter of an acre
of our 1.72 acre lot for Smoke to graze in. The area is currently home to much
buckthorn that will be removed by Schmidt's Four Seasons. They removed the
trees and stumps for the pool area. It should be noted that a layer of trees (four
to five feet deep will remain in tact along the south side of our property along
Pleasant View Road to provide privacy.
DIET
Grasses and grains are the natural food of miniature horses. They can survive on
lush grass and make excellent lawn mowers! Hay is a suitable substitute when
grass is not available. They also should have access to a daily source of free
choice salt and trace minerals; a brick of plain salt and a brick of trace mineral
salt can easily be gotten at Fleet Farm or Menards.
0
Obviously, he will always have access to clean cool water through the hydrant
(part of the design plans) that will also be heated in the winter months to avoid
freezing. These hydrants work similarly to a toilet that when the water level
reaches a certain level, it automatically is refilled.
ELIMINATION
The natural odor of a miniature horse is not strong. and can be kept virtually
odor -free with regular grooming and periodic bathing. Their stools are similar to
that of a large dog and can easily be gathered and removed by the same service
that delivers and provides hay. Winter accumulation of manure will be removed
from the stable area prior to May 1 of each year.
CARE & EXERCISE
Vet care for a horse is also comparable to that of a dog. Yearly immunizations
are required, and bi-monthly de -worming is required to keep the miniature horse
healthy and protected from disease. A de -wormer can be administrated orally.
They also require their hooves to be trimmed every six to eight weeks. Smoke
will also be provided opportunity for periodic exercise.
STATEMENT OF COMPLIANCE
As stated, the barn/stable we are proposing on our property:
a. Will not be detrimental to or in danger of the public health safety and comfort
convenience or general welfare of the neighborhood or the city. We feel it will
actually add to the welfare.
b. Will be consistent with the objectives of the cities comprehensive plan and this
chapter.
c. Will be designed constructed operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the central character of that area. We have been very diligent in this
SCANNED
0
regard.
0
d. Will not be hazardous or disturbing to existing or planned neighborhood uses.
e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agency is responsible for the establishment
of the proposed use.
f. Will not create excess of requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic noise smoke films
glare odors rodents or trash.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares. This holds
true for both Ridge Road and Pleasant View Road.
i. Will not result in the distraction, loss or damage of solar access, natural, scenic
or historic features of major significance.
j. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
I. Will meet standards prescribed for certain uses as provided in this article.
Thank you for your time and attention to our request.
Sincerely,
Nancy Link and Family
SCANNED
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10 0
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
February 18, 2016, 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 6285 Ridge Road Interim Use Permit — Planning Case 2016-05 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.
4iinite-uwil, Depu Clerk
Subscribed and sworn to before me
tbislVo day of, 2016.
jWLN0la1y
ENNIFER ANN POTTER
PublicMinnesota
Cp,Ipn Expiros Jan 31, 2020
Notary Public
Notice of Public Hearing Notice of Public Hearing
Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, March 1, 2016 at 7:00 p.m. This hearing may not start
until later in the evening, depending on the order of theagenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for an Interim Use Permit to construct a stable on 1.74
Request for an Interim Use Permit to construct a stable on 1.74
acres of roe zoned Single Family Residential RSF
Applicant:
Nancy Link
Property
6285 Ridge Road (Lot 1, Block 1, Meyer's Addition)
Location:
A location map is on the reverse side of this notice.
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens
public hearing through the following steps:
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
4. Public hearing is closed and the Commission discusses
the project.
the ro'ect.
If you want to see the plans before the meeting, please visit
If you want to see the plans before the meeting, please visit
the City's projects web page at:
the City's projects web page at:
www.ci.chanhassen.mn.us/2016-05
www.d.chanhassen.min.us/2016-05
Questions &
If you wish to talk to someone about this project, please
Comments:
contact Robert Generous by phone at 952-227-1131 or by
Comments:
email at beenerous(a-)ci.chanhassen.mn.us. If you choose to
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 on the project web site listed above
the Thursday prior to the Planning Commission meeting.
NEWI Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
Chy ROAM Procatlure:
• Subdivisions, manned 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 path 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 manning 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 heading 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 Commissiona recommendation. Rezonings. land use and coda amendments take a simple majority
vote of the City Council except rezeoings and land use amendments from residential to commercialfindustrial.
• Minnesota Slate 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 Wks 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 manning 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 Gly Council. If you wish to he" something to be included In the report,
lease contact the Planning Staff person named on the notification.
Date & Time:
Tuesday, March 1, 2016 at 7:00 p.m. This hearing may not start
until later in the evening, depending on the order of theagenda.
Location:
City Hall
Council Chambers, 7700 Market Blvd.
Request for an Interim Use Permit to construct a stable on 1.74
Proposal:
acres of property zoned Single Family Residential RSF
Applicant:
Nancy Link
Property
6285 Ridge Road (Lot 1, Block 1, Meyer's Addition)
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
1. Staff will give an overview of the proposed project. •
at the Meeting:
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 ro'ect.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.d.chanhassen.min.us/2016-05
Questions &
If you wish to talk to someone about this project, please
contact Robert Generous by phone at 952-227-1131 or by
Comments:
email at beenerous(Dci.chanhassen.mn.us. If you choose to
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 on the project web site listed above
the Thursday prior to the Planning Commission mee
NEWT Sign up to
receive email and/or text notifications when meeting agendN7
packets, minutes
and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme
to sign up!
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Ran Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings,
Comprehensive Plan Amendments and Code Amendments require a Public hearing before Me 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 allend the meeting.
• Staff prepares a report on the subject application that includes ail 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 dose the
public hearing and discuss the item and make a recommendation to the Clty 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 commercialrndusldal.
• 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 Manning 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 persons).
• 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 Me report to the City Council. If you wish o have something to be Included in the report,
lease conMcl the Planning Staff person named on the notification.
0 0
ALEXANDER EDWIN WESTLIND BEVERLY C HOLTZE REV TRUST BOONSIEW YEOH
825 PLEASANT VIEW RD 745 PLEASANT VIEW RD 6410 FOX PATH
CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9277
BROOKS & REBECCA HAGEN CHRISTOPHE BECK CHRISTOPHER S PELLETIER
6380 FOX PATH 6250 RIDGE RD 6420 FOX PATH
CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9277
DEAN E WETZEL REVOCABLE ELIZABETH V LEWIS FREDRICK & KATHLEEN ANDERSON
TRUST LIVING TRUST
675 PLEASANT VIEW RD
HA RIDGE RD CHANHASSEN, MN 55317-9509 6 W KINS, M PL
CHANHASSEN, MN 55317-9438 HOPINSMN 55305-4455
GARY M SCHELITZCHE GEORGE F & JANET M DEAN GINA M SCHMIDT
680 PLEASANT VIEW RD 6400 FOX PATH 790 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9277 CHANHASSEN, MN 55317-9509
GORDON M & DOLORES I JEFFREY M MARSH JEREMY L WEST
SPRENGER 670 PLEASANT VIEW RD 660 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9438 RIDGE RD CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9509
CHA
JERONE & EILEEN BARNES JERRY W & KATHERINE M SNIDER JODI E SPRENGER
6320 FOX PATH 6270 RIDGE RD 6401 FOX PATH
CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9278
JOHN C FELTL JOHN L & CHRISTINE M KLINKNER JOHN S FESS REVOCABLE TRUST
6290 RIDGE RD 6361 FOX PATH 6280 RIDGE RD
CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9438
KEITH D & SUSAN J JONES KEVIN & KATHERINE WORMS- LYNN E MAASKE
6265 RIDGE RD LYNCH 6381 FOX PATH
CHANHASSEN, MN 55317-9438 6391 OXBOW BND CHANHASSEN, MN 55317-8323
CHANHASSEN, MN 55317-9128
MARJORIE K NAGEL REV TRUST MARTIN F & CAROLYN M NYMAN NANCY F LINK
6340 FOX PATH 6341 FOX PATH 6285 RIDGE RD
CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9438
ROBERT F & DIANA L DAVIS RONALD H & JANICE M MASON RYAN JOHNSON
6387 OXBOW BND 800 PLEASANT VIEW RD 695 PLEASANT VIEW RD
CHANHASSEN, MN 5531 7-91 28 CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509
SAMUEL G & LAURIE J CURNOW STEVEN J & MARY F MIDTHUN THOMAS J & JEANNE L KRAKER
650 PLEASANT VIEW RD 6225 RIDGE RD 801 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9545
TIMOTHY A KOCHER W & B GULLICKSON TRUST ETAL WILLEM HARTONG
6389 OXBOW BND 830 PLEASANT VIEW RD 665 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9128 CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509
11
CITY OF CHANHASSEN
0
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
Thursday February 25, 2016, 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 Rescheduled Public Hearing for 6285 Ridge Road Interim Use Permit — Planning Case
2016-05 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.
1 .
Kim' . Meuwissen, Dep rk
Subscribed and sworn to before me
this� day of Frbw.� , 2016.
tary Public
JENNIFER ANN POTTER
Notary Publ c -Minnesota
My CamMNbit Exprw .Irrn 31, 2M
0
CITY OF CHANHASSEN
PLANNING COMMISSION
NOTICE OF RESCHEDULED PUBLIC HEARING
Dear Property Owner:
On February 18, 2016, the City of Chanhassen mailed a public hearing notice to you regarding the
following proposal:
Request for an Interim Use Permit to construct a stable on 1.74 acres of property zoned Single
Family Residential (RSF) and located at 6285 Ridge Road (Lot 1, Block 1, Meyer's Addition).
The public hearing has been RESCHEDULED for March 15, 2016 in the City Hall Council
Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening,
depending on the order of the agenda.
If you have questions regarding this proposal, contact Bob Generous at 952-227-1131 or by email:
baenerous(a)ci.chanhassen.mn.us, or visit the project web page at
www.ci.chanhassen.mn.us/2016-05
CITY OF CHANHASSEN
PLANNING COMMISSION
NOTICE OF RESCHEDULED PUBLIC HEARING
Dear Property Owner:
On February 18, 2016, the City of Chanhassen mailed a public hearing notice to you regarding the
following proposal:
• Request for an Interim Use Permit to construct a stable on 1.74 acres of property zoned Single
Family Residential (RSF) and located at 6285 Ridge Road (Lot 1, Block 1, Meyer's Addition).
The public hearing has been RESCHEDULED for March 15, 2016 in the City Hall Council
Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening,
depending on the order of the agenda.
If you have questions regarding this proposal, contact Bob Generous at 952-227-1131 or by email:
bgenerousCa)ci.chanhassen.mn.us, or visit the project web page at
www.ci.chanhassen.mn.us/2016-05
0 0
ALEXANDER EDWIN WESTLIND BEVERLY C HOLTZE REV TRUST BOONSIEW YEOH
825 PLEASANT VIEW RD 745 PLEASANT VIEW RD 6410 FOX PATH
CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9277
BROOKS & REBECCA HAGEN CHRISTOPHE BECK CHRISTOPHER S PELLETIER
6380 FOX PATH 6250 RIDGE RD 6420 FOX PATH
CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9277
DEAN E WETZEL REVOCABLE ELIZABETH V LEWIS FREDRICK & KATHLEEN ANDERSON
TRUST LIVING TRUST
675 PLEASANT VIEW RD
R PL
CHANHASSEN,
RIDGE RD CHANHASSEN, MN 55317-9509 6 W KINS, MN
CHANHASSEN, MN 55317-9438 HOPKINS, MN 55305-4455
GARY M SCHELITZCHE GEORGE F & JANET M DEAN GINA M SCHMIDT
680 PLEASANT VIEW RD 6400 FOX PATH 790 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9277 CHANHASSEN, MN 55317-9509
GORDON M & DOLORES I JEFFREY M MARSH JEREMY L WEST
SPRENGER 670 PLEASANT VIEW RD 660 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9438 RIDGE RD CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9509
CHA
JERONE & EILEEN BARNES JERRY W & KATHERINE M SNIDER JODI E SPRENGER
6320 FOX PATH 6270 RIDGE RD 6401 FOX PATH
CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9278
JOHN C FELTL JOHN L & CHRISTINE M KLINKNER JOHN S FESS REVOCABLE TRUST
6290 RIDGE RD 6361 FOX PATH 6280 RIDGE RD
CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9438
KEITH D & SUSAN J JONES KEVIN & KATHERINE WORMS- LYNN E MAASKE
6265 RIDGE RD LYNCH 6381 FOX PATH
CHANHASSEN, MN 55317-9438 6391 OXBOW BND CHANHASSEN, MN 55317-8323
CHANHASSEN, MN 55317-9128
MARJORIE K NAGEL REV TRUST MARTIN F & CAROLYN M NYMAN NANCY F LINK
6340 FOX PATH 6341 FOX PATH 6285 RIDGE RD
CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9438
ROBERT F & DIANA L DAVIS RONALD H & JANICE M MASON RYAN JOHNSON
6387 OXBOW BND 800 PLEASANT VIEW RD 695 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9128 CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509
n
u
r�
u
SAMUEL G & LAURIE J CURNOW STEVEN J & MARY F MIDTHUN THOMAS J & JEANNE L KRAKER
650 PLEASANT VIEW RD 6225 RIDGE RD 801 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9545
TIMOTHY A KOCHER W & B GULLICKSON TRUST ETAL WILLEM HARTONG
6389 OXBOW BND 830 PLEASANT VIEW RD 665 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9128 CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509
CHANHASSEN PLANNING
REGULAR MEETING
MARCH 15, 2016
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, John Tietz, Nancy Madsen, Lisa
Hokkanen, and Maryam Yusuf
MEMBERS ABSENT: Steve Weick
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Drew Ingvalson, Planner, and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Dan Hanson
1450 W. Farm Road, Chaska
Keith Jones
6265 Ridge Road
Ryan Majkrzak
9001 Lake Riley Boulevard
Jack Fess
6280 Ridge Road
Peg Schelitzche
680 Pleasant View Road
PUBLIC HEARING:
6285 RIDGE ROAD. PLANNING CASE 2016-05: REOUEST FOR AN INTERIM USE
PERMIT TO PERMIT CONSTRUCTION OF A STABLE ON 1.74 ACRES OF
PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT
6285 RIDGE ROAD (LOT 1. BLOCK 1. MEYER'S ADDITION). OWNER: NANCY
Aa
Generous: Thank you Mr. Chairman, commissioners. Planning Case 2016-05 is a request for an
interim use permit to allow a property owner to build a private stable on their property. Again
tonight is the public hearing and this item will go forward to City Council on March 28m. The
applicant is Nancy Link who lives at 6285 Ridge Road. I should point out that I did provide 3
pieces of correspondence that were submitted after the staff report went out. All 3 of them are
opposed to approval of the interim use permit for the stable. I did want to explain one of them
was talking about a side issue about the construction of a pool on the property. They have a
valid permit for that and there's nothing under our city code that requires that they provide the
barriers around the hole in the ground. It would be like the City requiring that for every
basement that was constructed in the city and dug out. It's only prior to filling the pool that the
city code requires that a fence be installed on the property so. The other item.
Chanhassen Planning Commission — March 15, 2016 •
Aller: If I could just for the record, we have received all 3 items and they will be part of the
packet which will be reviewed and then received by the City Council for final action. Thanks
Bob.
Generous: Thank you. And the second part of it was the shrubs that were taken out and trees
and scattered on the site. We had been in contact with the property owner and she's agreed to
work with her contractor to get that cleaned up so those items will be addressed otherwise. The
property's located at 6285 Ridge Road. It's right on the corner of Pleasant View and Ridge Road
which is a private street. It's in the northeast quadrant. The site slopes down from the west to
the east. To the east is the Pleasant View preserve which is a natural area. It's wooded in this
area and then there's a big wetland complex and then an open water body. The property is zoned
single family residential. Under the RSF district regulations one of the interim uses is a private
stable for horses. The requirements for getting that are that they comply with Chapter 5 which is
our stable permit requirements which specifies all the things that a property owner would have to
do. This property is 1.74 acres in size. City code requires a minimum of 1 %z acres for up to 2
horses and then another half, 2 acres if you want 3 horses and then a third acre for each
additional horse. The easterly part of the site is, has a significant canopy area. Some of the
understory trees and buckthorn have been cleared out by the applicant and their contractors.
Again the request is the interim use permit for a private stable. The RSF district permits stables
as interim uses. What an interim use means is that at some point there is a sunset date on that.
As part of staff's recommendation we came up with 3 items that would trigger that event. One
would be the sale of the home or the property. A second one would be a subdivision of the
property which would make it smaller than ordinance requirements. And the third would be if
the City would have to widen Pleasant View Road and take additional right-of-way to make that
work. We believe that is, the sale of the property allows that if the City should in the future
amend it's ordinances to preclude this type of use that it would not have a non -conforming status
that would be allowed to be continued so. Again the interim use is to construct a private stable
on a property zoned single family residential. It's to allow the owners to have horses and in this
instance while they currently are proposing that they only have one, a miniature pony, ordinance
would allow them to have up to 2 horses. This is a schematic of their property. This is the area
where the pool is going in. It's on the north central part of the site. House is located here. You
can see all the contours. It drops down the hill. They're looking someplace in this area to put
the stable in and then the wetland is off the screen. They exceed the minimum requirements of
separation in city ordinance so. They would have to come in for a separate building permit if
this item is approved by the City Council. As part of the approval they would need to have,
Chapter 5 has what is it? Ten criteria for the approval of a stable permit. Some of the opposition
to this is a concern about noise and you know rodents and smells. However under our stable
permit they're required to keep that in a clean shape and one of the specific conditions are the
shelter or stabling facility shall be clean and sanitary such that it would not be a harborage for
rodents, flies and insects. The City has the right as part of the stable permit operation to inspect
that so if there are complaints we can go out and make sure that it is kept in a wholesome
manner. Manure has to be trucked off the site every once in a while. Unfortunately for the horse
this site does not provide enough forage for it so they'll have to bring in hay and oats for it to be
PA
Chanhassen Planning Comossion — March 15, 2016 •
fed so. Again they're going to have to enclose this. They have to meet all the requirements of
city code. Annually they would need to come in for a stable permit and at that time we would,
we do have an inspection that our stable inspector performs prior to issuance of the annual
permit. It will be a one story structure. Again has to come in for building permit approval if this
is approved by City Council. Footprint, there's 2 proposed stalls in it. The lean to area on the
east and then the area for storage on the west side of it. Pretty basic facility. It will blend in with
the neighborhood. It's you know attractive building as far as accessory structures go and it's
really not that big. 32 feet total from one end to the other and 16 feet wide so. Staff is
recommending approval of the interim use permit to permit the private stable subject to the
conditions of approval in the staff report and adoption of the Findings of Fact and
Recommendation. With that I'd be happy to answer any questions.
Aller: Just real quick what's our enforcement capability on Title 5? So if they don't meet the
requirements, they don't pass an inspection what is the City going to do?
Generous: The City may revoke their stable permit.
Aller: And if they revoke their stable permit and they say we have a horse here we won't go then
we have to take legal action?
Generous: That's correct. Like any other code enforcement issue.
Aller: Any questions at this time of staff based on the report? If the applicant would like to
come forward we can hear from the applicant. If you could state your name and address for the
record that'd be great.
Nancy Link: Hello. Yes I am Nancy Link and I live at 6285 Ridge Road.
Aller: Great welcome.
Nancy Link: Thank you. I just wanted to start by especially thanking you Mr. Generous. I
know we've worked a lot over the last several weeks but I want to thank all of you, Chairman
Aller and all of the City Council members. Thank you for your public service and I just want to
thank you for this time tonight and this opportunity to speak with you about my family's request
for a permission permit to build this stable. He did a great job. I probably don't have to go into
too much more but my goal for the time tonight is just to keep it short and sweet and informative
and productive. As I stated in my narrative to Mr. Generous on January 29`s the reason that we
want to build this stable is for a 3 year old miniature horse that we currently have at the breeder
in Clearwater, Minnesota. It's about an hour drive one way so our goal is to get him home so
that we can spend more time with him. In an effort to be very forthcoming with the people in my
neighborhood I provided them a copy of basically the narrative that I had provided City Hall.
Some people have stopped by to share in their excitement but others have voiced their concerns
and the bottom line that I just want to voice tonight is that I am fully prepared to not only
Chanhassen Planning Com7lfission — March 15, 2016 •
enhance this neighborhood but to keep everything just as clean and pretty as it already is. We
know that it's going to be a lot of work. My daughter when we go to visit the horse she does
work at the stable. She can't wait to get up there and do it and she can't wait to get up in the
morning hopefully and do it at her home. So we believe that he's going to bring a lot of joy to
our family. He already has and we hope that ultimately it will be a fun thing in the neighborhood
but there was on the committee's summary, the planning committee case summary those 5 points
that you indicated. That the structure be of sound, solid construction and it will also be
aesthetically complimentary to the look and design of our home. We will definitely submit a tree
removal plan in conjunction with the building permit and our goal is to preserve any healthy
trees and just get rid of things that shouldn't be there anyway to make room. And then 4 and 5 is
to meet all the city code Article 5 or Article III, Section 5 requirements. The only thing that I
wanted to clarify under the discussion points, the last part of that paragraph. It starts out, it
should be noted that fences for pool enclosures must be a minimum of 5 feet high. And then it
goes onto say if the applicant intends to use the same fence for both the pool and the pasture
they must increase the height to 5 feet. I just want to make sure I understood that because.
Generous: As part of the permit application for the fence that the City had it said it was a 4 foot
high fence.
Nancy Link: Oh okay.
Generous: So I was trying to clarify that.
Nancy Link: Thank you, okay.
Generous: It has to be 5 feet.
Nancy Link: Okay great. I did not catch that part earlier. Thank you very much. So I'm happy
to take any questions and hopefully I can answer them. I have some wonderful people on my
team, none of which could be here tonight but they said that they would be happy to answer
anything as well if there's questions that I can't handle. I think that's it. Thank you so much.
Aller: Any questions at this point? Commissioner Madsen.
Madsen: I have a question about the fence. So is there a separate fence that will be around the
pool area that's different than the one that would be around the perimeter of your yard?
Nancy Link: Yes and essentially the fence, the pretty part of the fence that will be made of cedar
is going to go along the north side of the home and then once it turns into the more of the brushy
part of the, of my property line it's going to be a black vinyl coated chainlink fence that will
come directly from the north to the south and will actually enclose the whole property for, not
the whole property but the whole back yard for the pool and then contained within that will be
4
Chanhassen Planning Commission — March 15, 2016 •
the small stable with a small pasture area separately. So almost concurrently, does that make
sense?
Generous: Side by side.
Madsen: Side by side so two separate fence areas?
Nancy Link: No so if, if this is the fence around the property of the pool, within that will be a
smaller area that will have the stable and a smaller fence just for that. Just for the horse. Does
that make sense?
Aller: How large is the smaller fence?
Nancy Link: You know we have, gosh my, the Dakota Fence Company has come out and laid
out all those measurements but essentially it's going to be whatever the minimum that is required
for one miniature horse to have adequate pasture grazing capability.
Aller: Okay and then could you tell us a little bit more about the horse itself? The size. The
function.
Nancy Link: Yep absolutely. Miniature horses, they've been around for a long time. They're
very popular in Europe and they have slowly, in the 70's they started to make more of an
appearance in the United States. My daughter, she is 11 and like most little girls she loves horses
and when she turned 10 she really wanted a horse and she knew that wasn't going to happen and
so she discovered Google and then she discovered miniature horses and so as we started to learn
more about them they really strictly are a family pet. They don't have work capabilities.
They're not meant to be ridden. You cannot saddle them and ride them and so it's more of, it's
almost like a dog because you can teach it to do tricks. You can take it on walks. There is a
community in Minnesota that does horse therapy where you can, miniature horse therapy. You
take them to visit nursing homes or hospitals or the like just because they're a nice therapeutic
type of, what's the word. Demeanor about them so they're calm. Very mild mannered animals
and so we have come to know Smoke is his name. We go up and visit him quite frequently and
he's just a delightful little guy so.
Aller: Great and you said you had a lot of people on your team. Are they friends, neighbors or
are they professionals?
Nancy Link: Yes. Bob Rennon is with Minnesota Green and he's been an integral part of kind
of everything. Dakota Fence, Rick Fisher has been my contact with that. And then Mike Austin
is a builder, remodeler who also has 10 horses of his own so he helped design the stable that we
put together. And the pool guy as well but he's not really a part of that so I guess that's it.
Chanhassen Planning Comossion — March 15, 2016 •
Aller: And then before I let you go, maybe somebody else has some questions but have you had
an opportunity, you indicated some people had shared with you things that they didn't like. Can
you address some of those? What they were and how you intend to work those things out.
Nancy Link: Yes. My understanding is that there is a concern about noise which he doesn't
make a lot of noise. He does make the sound of a horse but it's just, it's not as boisterous as like
a full sized horse. He weigh 175 pounds. Miniature horses can getup to 250 pounds but he is a
full sized, full grown guy so hopefully he won't gain an extra 75 pounds but they, let's see. So
one concern was the noise and then the smell and you know thankfully these are not, you know
this is one small horse. It's not like a big herd of horses so I'm not concerned about that. I
absolutely agree. I don't want to smell it either but that will be part of the maintenance and
keeping up and the work that is involved with having an animal like this. Let's see. There is a
concern about coyotes which is already been a concern in the neighborhood but I don't know
how else, you know I know that as far as the construction goes that there has been some debris
that was placed and one of my neighbors has noticed trackings from a coyote and so that is
something that I just learned about yesterday. Or was it yesterday? Yeah and so I'm already on
that. But I think coyotes and deer and squirrels, you know these are all part of our natural
environment but hopefully it doesn't bring lots of coyotes in the area. I don't know if that's.
Let's see what else? I guess that's it.
Aller: Any other questions?
Tietz: Yeah Andrew.
Aller: Commissioner Tietz.
Tietz: Yeah I just have a question. There appears to be a pretty significant drainage ditch just
kind of wandering or meandering. Not a creek but a ditch that goes to Silver Lake and into the
wetland. How would you propose to contain any drainage from the paddock or the corral
because it appears that you know it's a heavily wooded lowland vegetation area.
Nancy Link: Yep.
Tietz: I would think you're really not, I'm sorry to make a comment about this, in my estimation
it's going to be very difficult to grow any grass down there with all the shade that you have so
you're essentially creating a corral or a holding area. So how are you going to deal with that and
how are you going to deal with the runoff to Silver Lake?
Nancy Link: Right. So Bob and I, as well as Mike Austin have had lots of discussions about
that and part of several thousand dollars worth of work is going to go into grading that area so it
becomes a flat area for him as well as getting rid of lots of the trees that are providing shade that
doesn't necessarily need to be so shaded back there so I mean we're not going to clear out the
whole area by any stretch but we definitely you know we're having an irrigation system put in
Chanhassen Planning Co�ssion — March 15, 2016 •
with the pool so hopefully we can create a nice pasture that has a lot of grass and we can keep
the runoff. I don't know the technical terns for all that but it's definitely, that is on our list of
areas.
Tietz: So will there be a grading plan submitted.
Generous: As part of the building permit.
Tietz: So the entire area that's proposed as a pasture would have a grading plan submitted in
conjunction with the application?
Generous: Yes.
Tietz: Okay.
Aller: My assumption is they'd also have the typical requirements for the silt fence and things
for purposes of construction to protect the water.
Generous: Yes. Engineering will review their grading plan and all those things get added as part
of our building permit review.
Aller: And because we don't have those plans and it hasn't been approved yet, then the City
hasn't been involved in taking a look at it in any form or fashion at this point?
Fauske: That's correct.
Aller: Any additional questions of the applicant?
Nancy Link: Don't want to get the cart before the horse right?
Aller: Alright.
Nancy Link: All set, thank you Chairman.
Aller: Great, thank you. Okay we'll open up the public hearing. And invite anyone here who
wishes to speak either for or against the item to come forward. Come up to the podium and state
your name and address for the record. And then your position. Let's have a good conversation
about what you think.
Jack Fess: Well good evening Planning Commission and good evening Nancy. I live directly
across from Nancy and I've been out in Colorado skiing for the last 9 weeks so I rushed home
nonstop believe it or not in my car. 16 hours so I could be here to this meeting and the letter that
my neighbors, well first of all I've managed the Ridge Road Chanhassen section for 33 years
Chanhassen Planning Coim3iission — March 15, 2016 •
right now and this road goes all the way back from the subdivision from the time Nancy Marino
was the mayor here to come down with City Council. When that property was all subdivided.
That total property on the right hand side as you're going up from Nancy's comer to the chain is
7 acres. Now I spent considerable time this morning talking to Dr. Man who owned that
property and I want to give City Council a little bit of history of that property if I can so that
everyone, I mean I've been here 34 years. I've been managing the road 32. He's been here 46
and there is a history of that property with horses and I'd like to let you know. Okay at one time
Dr. Man's bought that property in 1972. He's a Urologist that's retired. Raised his 2 children
there. Prior to him that property was owned by a man and a woman who had 2 horses. That
fence came from Libby, Montana. Was shipped all the way to Minnesota and installed there
because this guy's father was in the lumber business. We had a death that took place on that
property when a horse, a young kid came through the corral area which was from the original
house down to the comer and he got kicked in the head by a horse. Now that's before I got
there. The gentleman's, the son's name, the family's name was Lindquist. There was a lawsuit
involved. A divorce involved with the guy that owned the property. Subsequently the lawsuit,
the kid was a vegetable I understand.
Aller: Sir, what I'd like to do is kind of narrow the issue down to the problem with horses at the
location.
Jack Fess: Okay here's the situation. The property would have never been subdivided if Mr.
Marr, Dr. Marr knew anybody would apply for a horse, whether it's a small one or big one. One
of the things when he came on that property, Dean Wetzel, Mrs. Wetzel still lives across the
street from that property 3 doors up from Nancy on the lake side. We're all on the lake side and
it's the first thing they said to Dr. Man you better not be putting a horse. Now we were a
township back then. That's one thing but we're not a township today and he said, he looked at
Mr. Wetzel, he didn't even know the situation and said what are you out of your mind? So we
did have 2 horses on there. Now we have 13 houses on the street. We checked with every
owner. The ones that are in Florida for the winter. We have one neutral and we have 12 against
this and I can only tell that we will go to City Council if we have to bring counsel with us. Now
I sent a letter, I hope everybody has gotten it on behalf of my neighbors addressing these. Now
the thing that I'm shocked about coming back and hearing that in the city of, in the town of
Chanhassen if you have 1.8 acres or 1.75, whatever the planner mentioned before you can
possibly put a horse on it. That total property on both sides up there is 14 acres and if you look
at that there's, there's basically those properties are all 1 acre plus. The neighbor across the
street who lives next to me has 2 acres and about a $4 million dollar house. Now we have 4
homes going up right now on Christmas Lake. All of them in the Shorewood side and none of
them are less than $4 million dollars. Now this is a pretty prestige area. We're paying a lot of
taxes down there so here's our basic concerns. Our basic concerns is we're in a residential area.
We've had horse problems before on Christmas Lake when it was across County Road 17. If it
wasn't for Frank Beddor that lake would have been polluted. We fought it for years when we
had commercial horses. We haven't had another horse in that area since 1970. Pat Cunningham
who happens to be the father-in-law of this doctor got rid of his horse after this accident took
E
Chanhassen Planning Comession —March 15, 2016 •
place and that's the property where you come around Pleasant View Road to start down the hill
on the right hand side. Pat had one horse. He got rid of the horse. We had 2 horses over on
Christmas Lake Road that caused problems with runoff going into Christmas Lake. Them horses
haven't been there for 20 years. I'd like to know of one other place around where we live where
there's any horse whatsoever in Chanhassen. I'd like to go see it and see what's going on. Does
any, and the other question I ask, if you had a house that's in a million dollar plus range, which
most of those houses are, would you want to be on a private road with a farm animal across the
street in this day and age? I don't think so. Now one last thing. We have one neighbor who
probably has the biggest horse ranch in this area here that lives 4 doors up. This happens to be
the Bar Knot, what town's it in Deanna?
Deanna: Out by Orono.
Jack Fess: Out near Orono that was, here's a Cargill family. The grand daughter that owned
that. They have jumping horses and she takes them all over the world. Flies them in airplanes
even to Dubai.
Aller: Okay sir we have to stay with this property.
Jack Fess: Okay, her answer is when we read the letter to her, she not only thinks it's not a good
idea. She thinks it terrible for the small horse to be there by himself with no other horses.
They've got a llama out there. They even has a zebra for God's sakes in that training stable out
there. There are places you can put a horse that's closer than where this horse is being stabled
today and all due respect we're just shocked as neighbors. Shocked at the idea that someone
would build a new swimming pool and then put a horse in the same property. So we are very
upset and as I read this letter, if you want me to read it out for the general public. Have you all
have a copy it wouldn't be necessary.
Aller: It's going to be on the website and you can receive, you can take a look at it and anyone
at home.
Jack Fess: Well we have 13 residents including Nancy. We have 1 I no, one neutral. And we all
have to live together and we do get along together. I don't think there's a better place in
Chanhassen to live. We let everybody come up that private road. We have no problems
whatsoever with neighbors but this is not a very good idea for where we live. I love horses too
but I just came back from Aspen. I researched that whole valley for 50 miles. You couldn't put
a horse in the town of Aspen or Vail, Colorado today. You couldn't put it in Edwards. You
couldn't even put it in the next town down. You'd have to drive 50 miles where people are
stabling their horses out there because they just have zoning laws that you can't do this so I mean
I don't think this is a Chanhassen of 25-45 years ago and I don't think anybody on this Planning
Commission would want to live on a private road where a horse in this day and age with little
kids are going to take care of it with a busy schedule everybody has and the snow we get. And
the other question I have, do we have electric in there? Do we have running water? How do you
6
Chanhassen Planning Corm scion — March 15, 2016 •
keep it from freezing? I don't know so all I can say we love Nancy and her family but this is not
a good idea and she did not bring it to us before she went to you guys or we would have tried to
talk to her so this is what happens when you don't communicate. I'm sorry.
Aller: Well we appreciate your passion on the subject and thank you for sharing with us. Any
other individuals wishing to come forward.
Keith Jones: Yes please. I'm Keith Jones. I'll keep it real short.
Aller: And your address please.
Keith Jones: 6265 Ridge Road so I'm right next to Nancy.
Aller: Thank you.
Keith Jones: Love Nancy. Most fun neighbors we've had in that house ever so that's been
fantastic but we've been there 19 years. Owned the property for 19 years. Been there 17.
Owned it for 19. My concern, it's not the cute little horse. It's the fact they can have 2 full
grown horses in there. That's true smell. That's true property value, devaluation and other
issues like that that happen. And I am quite concerned about the coyote issue. Yes we already
have them but it will only get worst if something's penned right there. My dog was killed within
100 feet of where that stable would be by a coyote about 10 feet out our back door while she was
going to the bathroom.
Aller: Sorry to hear that.
Keith Jones: While I was watching her and they came in a pack and all that. Well anyway the
point is just don't feel it's right for our neighborhood. Love the Link family. Don't want
anybody to feel bad and I also really appreciated Mr. Generous because I did have a couple
questions about trees and stuff and I appreciate you taking care of those so thank you very much
for your time.
Aller: Thank you for sharing your information. Any other individuals wishing to come forward
at this time to speak either for or against the item before us? Seeing no one come forward I'll go
ahead and close.
Peg Schelitzche: 1 do have a comment.
Aller: Oh we do have a person coming forward. Take your time. State your name and address
for the record please.
Peg Schelitzche: Peg Schelitzche and we live at 680 Pleasant View Road which is just adjacent
there. It's that buffer between the two and we just have a couple questions. First of all I'm not
fl
Chanhassen Planning Corn ssion — March 15, 2016 •
seeing on the map exactly where the stable is going to be. Is that, it's not up there now. Okay.
So it's way down in the bottom left hand, bottom right hand comer and we're the house, then
there's buffer land inbetween and then we're the house, the next house right on the corner on
680. We're just concerned as to, first of all the runoff of the leftovers from the horse and all that
and also my husband was concerned also, is there going to be, right now they're working on the
property as I understand it with the retaining wall and the pool is going in but there's not going
to be an access onto Pleasant View Road or is there?
Fauske: An access to?
Peg Schelitzche: An access, another driveway onto Pleasant View Road.
Fauske: No.
Peg Schelitzche: No. Okay right now there is because the workers are using that.
Fauske: Construction entrance.
Peg Schelitzche: Construction okay and so that's just what our concern was is that there would
not be another access to get to the stable or anything like that or for trailering or whatever you're
doing with that to be on Pleasant View Road because we don't need more on Pleasant View
Road that's for sure because we all know it's a bad road to begin with but that was all the
concerns we had and we, like I said I didn't see this map in the printout so I wanted to know
exactly where this was going to be. Thank you.
Aller: Great, thank you. Anyone else wishing to come forward? Seeing no one come forward
I'll close the public hearing and open it up for commissioner comments or questions. Any
feeling on it?
Madsen: I shared.
Undestad: I have a question for Bob there. Maybe you can clarify the potential for 2 large
horses on there. The acreage, the coverage, is the land structure?
Generous: The land is sufficient to permit up to 2 horses.
Undestad: So whether it's a flat pasture or a cliff down, as long as it's that acreage they can.
Generous: Yes we were looking at amending the ordinance what is it a year ago but it wasn't
pursued.
Undestad: Okay.
11
Chanhassen Planning Commission — March 15, 2016 •
Aller: If they wanted to upgrade to allow 4 horses would the structure also have to change then?
Generous: I don't believe.
Aller: Because if they built this for a miniature horse and they wanted to bring in 2 horses would
they have to come back? Or would they have to get a building permit and change the building?
Generous: They would just, if they had to change the building they would need a permit but they
wouldn't ],rave to come back to Planning Commission. This is, their approval is now for interim
use permit to have a private stable. And I would have to ask Carol, our horse inspector whether
or not this facility is adequate for full sized horses or if it's undersized.
Aller: Any further questions or comments? I'll entertain a motion to either table or pass or fail
or?
Yusuf. I'll make a motion.
Aller: Commissioner Yusu£
Yusuf The Chanhassen Planning Commission recommends that City Council approve the
interim use permit to permit a private stable subject to the conditions of approval and adopts the
Findings of Fact and Recommendation.
Hokkanen: Second.
Aller: Having a motion and a second, any further discussion?
Madsen: I do not.
Aller: Commissioner Madsen.
Madsen: I do not support that. I think there are concerns from the neighbors with regard to the
use of that property and how the neighborhood has grown and I just, I would not support that
motion. I also have concerns about the waste and trucking it out and the fact that if you approve
this for a private stable that doesn't limit it to miniature horses. That large, regular sized horses
could potentially be there.
Generous: Yes theoretically they can have up to 2 horses on this property.
Nancy Link: Can I address that?
Aanenson: Can I just get clarification on what you're discussing. ...the interim use permit I
wanted to separate. So the building permit's a separate process. You're not hereto review the
12
Chanhassen Planning Comrssion — March 15, 2016 •
building plans. We're showing that for your edification to show what it could be so that will be
managed through, looking at the drainage, the grading and all that to make sure it meets all the
setbacks and accessory structures, square footage so the item before you tonight is whether or not
it meets the criteria for an interim use permit and those are limited to in the ordinance. Does it
meet the criteria of the zoning regulation? It's a permitted use in the zoning district and is that,
and that we gave a date of termination.
Aller: For a sunset.
Aanenson: Yeah, a sunset date so we gave 3 criteria on that. One if the owner changes. Road
improvements and, what was the third one? A subdivision were to occur and then the City
would at no additional cost, let's see. The City will impose additional cost is the public, if it's
necessary to take property in the future so this would typically apply to some other where we're
subdividing or additional sewer and water would be a requirement so if they meet all those
conditions that's the criteria that we're looking for.
Aller: And I think that's where Commissioner Madsen was going. I think what she's looking at
is the ability for the scope to be changed from what the request is with a miniature horse to the
ability if it's approved to just move in 2 horses.
Aanenson: Right, again we're not looking at, we're looking at the interim use for the horses.
We're not looking at size. We're not, we're silent on that. We're just saying does this lot meet
those requirements and in order to address those issues we try to clarify where the barn's going
to sit. How it's going to be managed. Will it be fenced. All those other conditions to make sure
it meets regulations. Not to dismiss those other comments because those are certainly always
important and if there are nuisance problems that we would go out and inspect those.
Aller: What I'm hearing from the City after it's investigation and from reading the report is that
it does meet all the requirements statutorily. In our zoning.
Generous: Yes it appears so.
Aller: And then the question for us would be has anything been presented tonight which would
put those findings into question as finders of fact and that would be the determination in your
minds whether or not you feel as though it meets the requirements based upon what we have
before us or it doesn't. So based on is there any other comment or based on that information and
the comments and the motion and second before us. Any further discussion?
Yusuf moved, Hokkanen seconded that the Chanhassen Planning Commission
recommends that the City Council approve the Interim Use Permit to permit a private
stable subject to the following conditions and adopts the Findings of Fact and
Recommendation:
13
Chanhassen Planning Cormission — March 15, 2016 0
A building permit is required. If the proposed construction is to be of a "pole -type"
building a signed structural engineer's design is required.
2. The applicant shall submit a tree removal plan in conjunction with the building permit
application.
3. The applicant shall preserve any significant, healthy trees within the rear yard.
4. The applicant shall meet the requirements of City Code Article III, Section 5, Horses.
5. The interim use permit shall end with any of the following occurrences: 1) sale of the
property, 2) subdivision of the property or alteration of the property lines or, 3) widening
of Pleasant View Road which takes additional right-of-way from the parcel.
All voted in favor, except Commissioner Tietz who opposed and the motion carried with a
vote of 5 to 1.
Aanenson: Then just for clarification for the neighbors this item is scheduled to appear on the
28th, the City Council meeting on the 28b.
Aller: On March 28th.
Aanenson: March 281i, right. Right. Again our staff report was saying did it meet those merits.
We're not judging whether or not it's a good neighbor or not. We're just saying did it meet the
intent of the ordinance so that will be scheduled then for the March 28t' and all the information
that was presented as well as the verbatim Minutes will be attached to this item going forward to
the City Council.
Aller: Correct and those of you at home or present who want to follow that also can receive
these reports and see these reports on the City's website under the Minutes of the Planning
Commission and also on the, the different City Council Minutes section so as it comes forward
and it moves forward as a package you'll be able to click on that link and look at the PDF's
including any reports, letters, information and the verbatim information and documentation that
was received tonight. Okay moving forward to item number 2.
14
Gary and Peg Schelitzche •
680 Pleasant View Road
Chanhassen, MN. 55317
Home # 952-470-0399
March 23, 2016
The Honorable Denny Laufenburger
Mayor of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN. 55317.
The Honorable Don Campion.
City Council Member of Chanhassen
The Honorable Jerry McDonald.
City Council Member of Chanhassen
Dear Mayer and City Council Members:
•
The Honorable Elise Ryan
City Council Member of Chanhassen
The Honorable Elise Ryan
City Council Member of Chanhassen
The Honorable Bethany Tjornhom
City Council !ember of Chanhassen
Re: March 28, 2016 City Council Meeting
Link Use Permit, 6285 Ridge Road, Chanhassen, Case 2015-05
The March 15th planning meeting on the above subject was constructive relative to city ordinances currently
on the books and the opposition by adjacent neighbors on Ridge Road and Pleasant View Road which are in
direct proximity to this property.
Three years ago there was discussion that the city ordinances be changed to not allow livestock within the city
however it was never acted upon. Considering the growth in this area, the traffic on Pleasant View Road and
the possibility of home and land values depreciating, we feel that in a neighborhood setting, livestock of any
kind should not be allowed. Maybe the city planners should reopen this subject.
We believe the majority of the Planning Commission, the City Council, City Staff and our Mayor would not
support this variance if it was adjacent to their personal properties. I would like for each Council Member to
personally visit the property, look at the contours of the land and runoff consequences into Silver Lake.
Ordinances are here to protect our properties and do need to be re -constructed as the city grows.
Thank you for listening to your constituents of this neighborhood.
Sincerely,
Gary and Peg Schelitzche
CITYOFCHANHASSEN
RECEIVED
MAR 2 4 2016
►AWNPWVNINGDEPT
0
John S. Fess
6280 Ridge Road
Chanhassen, MN 55317-9438
Home 952-474-0045
Ce11612-845-6243
March 21, 2016
The Honorable Denny Laufenburger
Mayor of Chanhassen
7700 Market Blvd.
PO Box 147
Chanhassen, MN 55317
The Honorable Dan Campion
City Council Member of Chanhassen
The Honorable Jerry McDonald
City Council Member of Chanhassen
The Honorable Elise Ryan
City Council Member of Chanhassen
The Honorable Bethany Tjornhom
City Council Member of Chanhassen
Dear Mayor and City Council Members:
Re: March 28, 2016, City Council Meeting
Link Use Permit, 6285 Ridge Road, Chanhassen, Case 2016-05
0
C7YOFCHANHASSEN
RECEIVED
MAR 2 4 2016
CHANHASSEN RLANNING DEPT
The March 15th planning meeting on the above subject was constructive relative to city ordinances
currently on the books and the opposition by all adjacent neighbors on Ridge Road and Pleasant View
Road who are in direct proximity to this property.
We learned, and the minutes will reflect such, that the city planners had discussed changing the current
ordinances on the books three years ago to address the livestock issue within the city; however, it was
not completed or acted upon for unknown reason(s). This came up (about 35 minutes into the archive
video) at the Planning Commission session and was brought to light by Mr. Generous.
Homeowners who live directly north, south, east and west of 6285 Ridge Road voiced their opinions and
strong opposition to allowing livestock in our neighborhood at the Planning Commission meeting.
Additionally, some homeowners sent a letter, email and/or presentations, of which we learned will be
forwarded to you for review. For the record, we have not had livestock (horses) on any property in our
neighborhood since 1970, over 45 years ago. The current city laws are certainly outdated relative to
2016 standards.
My letter to Mr. Generous, dated March 7, 2016, (copy enclosed) and my public comments at the March
15th Planning Commission meeting outline our Ridge Road South concerns, as well as many neighbors to
our north along Ridge Road North and Silver Lake, to our south in Fox Chase subdivision and
homeowners east and west along Pleasant View Road. We do not want livestock in our neighborhood. I
am certain well over 90% are in agreement and would be willing to walk a petition for signatures, if
necessary.
0
City of Chanhassen Leaders
March 21, 2016
Page 2
Regardless of the current laws, we believe the majority of the Planning Commission, City Council, City
Staff and/or Mayor would not support this variance were they to live adjacent or near the subject property.
We respectfully request the following:
1. Each Council member personally to visit the property and look at the plans, contours of the land,
trees and runoff into Silver Lake.
2. Please re -look at current laws and re -construct them to conform to 2016 standards.
In conclusion, please do what is right for the large majority of taxpayers on Ridge Road and our
neighborhood, in general.
,;ncerely,
4C4
k Fess
Enclosure
cco*VTodd Gerhardt, City Manager
• •
John S. Fess
6280 Ridge Road
Chanhassen, 9438 COPY
Home 952-4-4 74-00454-0045
Cell 612-845-6243
March 7. 2016
Mr. Robert Generous
Senior Planner
City of Chanhassen Planning & Zoning
7700 Market Blvd.
PO Box 147
Chanhassen, MN 55317
Dear Mr. Generous:
Re: Link Interim Use Permit, 6285 Ridge Road, Chanhassen; Case 2016-05
Thank you for the notifications pertaining to the potential change of property use in our neighborhood. I
serve as road manager for the south portion of our private road, and we've polled the neighbors on the
Carver County stretch of Ridge Road.
While we love Nancy and her family and have welcomed them into our neighborhood, the large majority
of the neighbors on Ridge Road South in Chanhassen oppose the use of the land for livestock.
We enjoy a quaint, quiet, close-knit and serene area along Christmas Lake, with some of the highest
taxes in the county. Our area is sought after for this reason, and we have little turnover in our
neighborhood. Many have lived here 20, 30 — 40 years plus. The large majority want to keep this
atmosphere with no changes.
A few of the objections include:
• Home and land values will decrease. We are not a farming community. Livestock in the
neighborhood will be a detriment to our property values. We've consulted local lake area realtors.
• Noise and smell is a real concem, as well as runoff from the property leaching into Silver Lake.
• Livestock will attract vermin and varmints. Coyotes are present and a concern in our area. Within
the past couple of years, a neighbor's dog was attacked by a pack of coyotes and killed in the
evening with the owners nearby in the yard.
• Neighbors are not opposing the structure, but a miniature horse on the property is not
appropriate. It is a shady property, with little to no sunny pasture area and is surely not ideal for a
Ione horse. The horse should be housed with other animals — on a farm or established stable
facility outside the city.
I speak for the majority of my neighbors on Ridge Road South. We strongly oppose the proposed
variance and ask the Planning Commission and City of Chanhassen to decline it.
Respectfully submitted,
J Fess
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0 0
AGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, MARCH 15, 2016,7:00 P.M.
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
A. CALL TO ORDER
B. UNFINISHED BUSINESS
C. NEW BUSINESS
D. PUBLIC HEARINGS
1.
2.
:m
45 _ d
1.w'4 ' _fftlt� I
6285 Ridee Road — Plannine Case 2016-05: Req est for an Interim Use Permit to permit
construction of a stable on 1.74 acres of property zoned Single -Family Residential (RSF)
and located at 6285 Ridge Road (Lot 1, Block 1 Meyer, s Addition). Owner: ancY7Link. „
9001 Lake Riley Boulevard — Planning Case 03 16-06: Request far alVanance to fence
height on .98 acres of property zoned Single -Family Residential (RSF) and located at 9001
Lake Riley Boulevard. Owner: Ryan and C Maj
yovi meadowlark Lane — Planning Case 2016-07: Request for Shoreland and Wetland
Setback Variances for the construction of a single-family home and accessory structures
on 2.40 acres of property zoned Rural Residential District (RR). Applicant: Wausau
Homes. Owner: David Vogel.
E. APPROVAL OF MINUTES
1. Approval of Planning Commission Minutes dated February 16, 2016.
F. COMMISSION PRESENTATIONS
G. ADMINISTRATIVE PRESENTATIONS
1. Year End Report
2. City Council Action Update.
3. Future Planning Commission Agenda Items.
H. CORRESPONDENCE DISCUSSION
I. ADJOURNMENT
J. OPEN DISCUSSION
NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by-laws. We will make
every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the
Chairperson will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on
the agenda at the next Commission meeting.
0
0
•
ANIMALS AND FOWL
DIVISION 2. STABLE PERMITS
Sec. 5-101. Required.
C-]
§ 5-104
No person shall maintain or stable horses in the city without a permit issued by the city.
(Ord. No. 56, § 2,2-17-75)
Sec. 5-102. Application.
Application for the permit required by this division shall be made to the city upon a form
furnished by the city. A nonrefundable application fee in the amount established by resolution
shall be paid to the city when the application is filed.
(Ord. No. 56, §§ 2, 3, 2-17-75)
Sec. 5-103. Inspection of premises.
The stable inspector shall inspect the premises of those seeking a stable permit and shall
approve an application that is in compliance with this chapter or disapprove applications that
are not in compliance with this chapter for permits under this division.
(Ord. No. 56, § 4, 2-17-75; Ord. No. 241, § 5, 7-24-95)
nn /L Sec. 5-104. Conditions required for issuance.
(a) A stable permit shall be issued by the city clerk upon approval by the stable inspector
if the following conditions are met:
(1) Minimum acreage for two horses shall be IY2 acres, and for three horses shall be two
acres, and an additional one-third acre shall be required for each additional horse.
(2) No stable permit shall be issued for a lot of less than one acre.
(3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep
the animal or animals confined within.
(4) A shelter or stabling facility which will keep the animal or animals comfortable and
protected from the elements and which shelter or stabling facility shall be no closer
than 100 feet from any structure other than the applicant's, which is used for
residential purposes.
(5) The shelter or stabling facility shall be so located so as not to create a public nuisance.
(6) The shelter or stabling facility shall be clean and sanitary such that it will not be a
harborage for rodents, flies and insects.
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the
pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) All accumulations of manure shall be removed at such periods as will ensure that no
leaching or objectionable odors effist, and the premises shall not be allowed to become
unsightly.
Supp. No. 6 CD5:29
0 0
§ 5-104 CHANHASSEN CITY CODE
(10) The shelter structure shall be a minimum of 200 feet from any wetland.
(Ord. No. 56, §§ 5, 11, 2-17-75; Ord. No. 241, § 6, 7-24-95; Ord. 350, § 8, 11-24-03)
Sec. 5-105. Annual registration.
(a) The holder of a stable permit shall register annually with the city by completing and
submitting an application form as provided in section 5-102, based on the current status of the
stable under permit, by June 1 of each year. Upon filing the application form, the holder shall
pay to the city a nonrefundable inspection fee in the amount established by resolution.
(b) Failure to annually register with the city as required will result in automatic
cancellation of the stable permit. The holder of a canceled stable permit shall be required to
make application for a new stable permit; the subject premises shall be inspected as provided
by section 5-103; and in no event shall the city issue a new stable permit to the holder except
upon approval by the stable inspector.
(Ord. No. 56, § 6,2-17-75; Ord. No. 241, § 7,7-24-95)
Sec. 5-106. Revocation.
A permit issued pursuant to this division may be revoked by the stable inspector if it is
determined, after investigation by the stable inspector or a designated employee and after
holding a hearing thereon, proceeded by notice of the hearing to be given to the holder of the
Permit mailed to the address shown on the application or most recent annual registration
statement at least ten days prior to the hearing, that:
(1) The permit holder has not maintained the standards set forth in section 5-104;
(2) The winter accumulation of manure is not removed from the stabling area prior to May
1 of each year or as soon as is practicable thereafter;
(3) The permit holder failed to make a reasonable effort to keep the horse, or horses, under
control and contained within the applicant's stabling area;
(4) The permit holder has treated a horse cruelly or inhumanely or has not furnished
adequate care to a horse as set forth in section 5-89.
(5) The horses are kept, stabled, boarded, or harbored in such a manner as to constitute
a public nuisance; or
(6) The accumulation of manure presents a hazard to public health.
(Ord. No. 56, § 7, 2-17-75; Ord. No. 241, § 8, 7-24-95)
Sec. 5-107. Reserved.
Editor's note—Ord. No. 350, § 9, adopted Nov. 24, 2003, repealed § 5-107, which pertained
to violations of this article and derived from Ord. No. 241, § 9, adopted July 24, 1995.
Supp. No. 6 CD5:30
1-1
Generous, Bob
From: Carolyn Nyman <mncnyman@msn.com>
Sent: Monday, March 14, 2016 12:15 PM
To: Generous, Bob
Subject: Interim use permit - 6285 Ridge Road
Dear Mr. Generous,
0
We received the notice pertaining to the property use permit to be considered for 6285 Ridge Road. Our
home (first home on right as you enter Fox Path) borders Pleasant View Road and is across the street from the
site being considered. We understand there is a hearing regarding this on March 15, however we wanted to
relay our strong objections in advance:
• We are against allowing livestock in our neighborhood. We are not a farming community- our home
values will decrease.
• We do not want the smell or noise of livestock near our home.
• We are concerned about that the livestock will attract more unwanted animals in the area.
We oppose the proposed variance and ask the Planning Commission and City of Chanhassen to decline it.
Sincerely,
Carolyn & Martin Nyman
6341 Fox Path
Chanhassen, MN 55317
952-470-7414
Gary and Peg Schelitzche •
680 Pleasant View Road
Chanhassen, MN. 55317
Home # 952-470-0399
March 23, 2016
The Honorable Denny Laufenburger
Mayor of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN. 55317.
The Honorable Don Campion.
City Council Member of Chanhassen
The Honorable Jerry McDonald.
City Council Member of Chanhassen
Dear Mayer and City Council Members:
0
The Honorable Elise Ryan
City Council Member of Chanhassen
The Honorable Elise Ryan
City Council Member of Chanhassen
The Honorable Bethany Tjornhom
City Council !ember of Chanhassen
Re: March 28, 2016 City Council Meeting
Link Use Permit, 6285 Ridge Road, Chanhassen, Case 2015-05
The March 1511 planning meeting on the above subject was constructive relative to city ordinances currently
on the books and the opposition by adjacent neighbors on Ridge Road and Pleasant View Road which are in
direct proximity to this property.
Three years ago there was discussion that the city ordinances be changed to not allow livestock within the city
however it was never acted upon. Considering the growth in this area, the traffic on Pleasant View Road and
the possibility of home and land values depreciating, we feel that in a neighborhood setting, livestock of any
kind should not be allowed. Maybe the city planners should reopen this subject.
We believe the majority of the Planning Commission, the City Council, City Staff and our Mayor would not
support this variance if it was adjacent to their personal properties. I would like for each Council Member to
personally visit the property, look at the contours of the land and runoff consequences into Silver Lake.
Ordinances are here to protect our properties and do need to be re -constructed as the city grows.
Thank you for listening to your constituents of this neighborhood.
Sincerely,
Gary and Peg Schelitzche
CITyOFCHANHASSEh
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
CITY OF CHANHASSEN
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
Please review and respond no later than the review response deadline
Agency Review Request Date:
Agency Review Response Deadline:
Date Application Filed:
February 4, 2016
February 18, 2016
January 29, 2016
Contact:
Contact Phone:
Contact Email:
Robert Generous, AICP
952-227-1131
bgenerous@ci.chanhassen.mn.us
Senior Planner
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
March 1, 2016 at 7:00 p.m.
March 28, 2016 at 7:00 p.m.
March 29, 2016
Application:
Request for an Interim Use Permit to construct a stable on 1.74 acres of property zoned Single Family Residential (RSF) and
located at 6285 Ride Road Lot 1, Block 1, Me ers Addition . Owner/Applicant: licant: NancyLink
Planning Case: 2016-05 Web Pa e: www.ci.chanhassen.mn.us/2016-OS
In order for staff to provide a complete analysis of issues for Planning Commission 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. Your cooperation and assistance is greatly appreciated.
City Departments: Federal Agencies: Adjacent Cities:
❑ Attorney ❑ Army Corps of Engineers ❑ Chaska
® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie
® Engineer ❑ Jackson Township
® Fire Marshal Watershed Districts: ❑ Minnetonka
® Forester E] Shorewood
E] Carver County W MO ❑ Victoria
® Park Director
❑ Lower River
® Water Resources
El Minnehaha Creek
® Law Enforcement (Stable Permits) Adjacent Counties:
El Riley -Purgatory -Bluff Creek
❑ Hennepin
Carver County Agencies:
Utilities: ❑ Scott
❑ Community Development ❑ Cable TV — Mediacom
❑ Engineer School Districts:
El Electric — Minnesota Valley
[-IEnvironmentalServices
El Historical Society El Electric — Xcel Energy E] Eastern Carver County 112
El Parks ❑ Magellan Pipeline E]Minnetonka 276
El Soil &Water Conservation District ❑ Natural Gas — CenterPoint Energy
❑ Phone — CenturyLink Other Agencies:
State Agencies: ❑ Hennepin County Regional Railroad
❑ Board of Water & Soil Resources Authority
❑ MN Landscape Arboretum
El Health
E] SouthWest Transit
❑ Historical Society
El TC&W Railroad
El Natural Resources -Forestry
❑ Natural Resources -Hydrology
❑ Pollution Control
❑ Transportation
SCANNEC
Property Card
Parcel ID
Number
04650010
Taxpayer Information
Land
$185,100.00
$193.800.00
Date of Sale 02/19/2014
Building
s
+
$386,800.00
Taxpayer Name
li
$571,900.00
$580,600.00
NANCY F LINK
- i!
Mailing Address
�.
6285 RIDGE RD
CHANHASSEN. MN 55317-9438
Lf
Property Address
'
Address
6285 RIDGE RD
Pleasant View Rd
City
e
d
CHANHASSEN MN 55317
0
LL
Parcel Information
Uses Res 1unit
GIS Acres
1.74
Net Acres 1.74
Deeded Acres
Plat
MEYER'S ADDITION
Lot
001
Block
001
Tax Description
Building Information
Building Style 1 1/2 STORY
Above Grade 2821
Bedrooms 3
Finished S Ft
Year Built 1993
Garage Y
Bathrooms 3.5
Miscellaneous Information
School District
Watershed District
Homestead
Green Acres
Ag Preserve
0276
WS 064 RILEY PURG BLUFF
Y
N
N
Assessor Information
Estimated Market Value
2014 Values
(Payable 2015)
2015 Values
(Payable 2016)
Last Sale
Land
$185,100.00
$193.800.00
Date of Sale 02/19/2014
Building
$386.800.00
$386,800.00
Sale Value $621,500.00
Total
$571,900.00
$580,600.00
T cava vc.med herev.nh rs for reverence puri only. Th.s data is no su.able!or legal eng.neencg surveying m the, s:."o, pu,pos=_s Co"m Co nh 00es no, gioarries the accuracy o' me
rtormation contained herein. This data is furnished on an or a basis and Carver County makes no representations or warranties. either expressed or implied for the merchantability or feness of the
information provided for any purpose This disclaimer ,s provided pursuant to Minnesota Statutes §966.03 and the user of the data
provided herein acknowledges that Carver County shall not be liable for any damagesand by using this data in anyway expressly waives all claims. and agrees to defend indemnify, and hdtl
harmless Carver County, its officials. Officers agentsemployeesetc, from any and all claims brought by anyone who uses the information provided for herein, its employees or agents or
CARVER mord parties which arise out of usels access. By acceptance of this datathe user agrees not to trammt this data or provide access to it or any part of It to another parry unless the user includes
COUNTY On the data a copy of this disclomer
Thursday, January 28, 2016 5CANNEL Carver County, MN
0 0
Nancy Link
6285 Ridge Road
Chanhassen, MN 55317
(952)270-1367
January 29, 2016
Mr. Bob Generous
City of Chanhassen, Minnesota
Planning & Zoning
7700 Market Boulevard
Chanhassen, MN 55317
Dear Bob:
Please find the enclosed check in the amount of $680.00. As we discussed both in
person and over the phone, this amount comprises the following fees:
$325 Interim Use Permit
$200 Notification Sign
$ 50 Document Recording Escrow
$105 35 neighbors within 500 feet @ $31address
$680
Thank you for your ti_W and assistance.
Sincerely,
Nancy Link
SCANNED
Property Card Parcel ID Number 04650010
Taxpayer Information
Taxpayer Name
NANCY F LINK
Mailing Address
6285 RIDGE RD
CHANHASSEN, MN 55317-9438
Property Address
Address
6285 RIDGE RD
City
CHANHASSEN, MN 55317
Parcel Information
Uses Res 1 Unit GISAcres 1.74 Net Acres 1 74
Deeded Acres
Plat MEYER'SADDITION
Lot 001
Block 001
Tax Description
Building Information
Building Style 1 1/2 STORY
Above Grade 2821
Finished S Ft
Bedrooms 3
Year Built 1993
Garage Y
Bathrooms 3.5
Miscellaneous Information
School Distcct�WtershedaDistrict Homestead Green Acres Ag Preserve
0276 4 RILEY PURG BLUFF Y N N
Assessor Information
Estimated Market Value
2014 Values
(Payable 2015)
2015 Values
(Payable 2016)
Last Sale
Land
$185.100.00
$193,80000
Date of Sale 02/19/2014
Building
$386,800.00
$386,800.00
Sale Value $621,500.00
Total
$571,900,00
$580, 600.00
The data provided herew,lh ,s for reference purposes only. This data ,s not sutable for legal. engineering, suneymg or other similar purposes Carver County does not guarantee the accuracy of the
information contained herein. This data is furnished on an as as basis add Carver County makes no representations or warhantles, either expressed or implied, for the merchantability or fitness of the
infomtatim providedfor any purpose. This disctaima m provided pursuant to Minnesota Stables §966.03 any the user of the dela
provided herein acknowledges that Carver County shall not be liable for any damages, and by using Osis data in any way eVressty waives all claims, and agrees to defend, indemnify, and held
harmless Carver County, its officials, officers, agents, employees, etcfrom any and all claims brought by anyone Who uses the information provided for herein, its employees or agents, or
CARVER third Ones which arise out of users access. By acceptance of this data, the user agrees not to trans rid this data or provide access to it a any pad of it to another party unless the user includes
CCtMTry with the data a copy of this disclaimer
Thursday, January 28, 2016 Carver County, MN
CITY OF CHANHASSEN •
P O BOX 147
CHANHASSEN MN 55317
02/02/2016 1:40 PM
Receipt No. 00306646
CLERK: JoleneB
PAYEE: Nancy Flatley Link
6285 Ridge Road
Chanhassen MN 55317 -
Planning Case 2016-05
-------------------------------------------------------
Variance 325.00
Notification Sign 200.00
Recording Fees 50.00
Property Owner's List 105.00
Total
Cash
Check 6859
Change
680.00
0.00
680.00
0.00
CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES
NOTICE OF PUBLIC
HEARING
PLANNING CASE NO. 2016-05
NOTICE IS HEREBY GIVEN
that the Chanhassen Planning
Commission will hold a public
hearing on Tuesday, March 1,
2016, 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 an Interim
Use Permit to construct a stable
on 1.74 acres of property zoned
Single Family Residential (RSF)
and located at 6285 Ridge Road
(Lot 1, Block 1, Meyer's Addition).
Owner. Nancy Link.
A plan showing the location
of the proposal is available
for public review on the City's
web site at www.ci.chanhassen.
mn.us/2016-05 or at City Hall
during regular business hours.
All interested persons are united
to attend this public hearing
and express their opinions with
respect to this proposal.
Robert Generous, AICP, Senior
Planner
Email: bgenerous@
ci.chanhassen.mn.us
Phone: 952-227-1131
(Published in the Chanhassen
Villager on Thursday, February
18 2016- No 4240)
Pc a C i c vs
Affidavit of Publication
Southwest Newspapers
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 full 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 331A.02, 331A.07, and other applicable laws, as
amended. ,
(B) The printed public notice that is attached to this Affidavit and identified as No. y�Y (//
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 from 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:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn before me on
this day of016
No lir
144�
Laurie A. Hartmann
#!NCOOYV
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................ $31.20 per column inch
Rate actually charged for the above matter ............................................... $12.59 per column inch
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0
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 2016-05
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, March 1, 2016, 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 an Interim
Use Permit to construct a stable on 1.74 acres of property zoned Single Family Residential (RSF)
and located at 6285 Ridge Road (Lot 1, Block 1, Meyer's Addition). Owner: Nancy Link.
A plan showing the location of the proposal is available for public review on the City's web
site at www.ci.chanhassen.mn.us/2016-05 or 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.
Robert Generous, AICP, Senior Planner
Email: b¢enerousAci.chanhassen.mn.us
Phone: 952-227-1131
(Publish in the Chanhassen Villager on February 18, 2016)
SCANNED
E
6285 RIDGE ROAD IUP - PLANNING CASE 2016-05
$325.00 Variance
$200.00 Notification Sign
$105.00 Property Owners List (35 addresses x $3 each)
$50.00 Escrow for recording variance document
$680.00 TOTAL
$680.00 Check 6859 from Nancy Link
$0.00 BALANCE OWED
0
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SCANNED
