8. Adopt Finding for Paws, Claws and Hooves Pet Boarding, Nancy Lee and Patrick Blood1
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MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
CITY OF f
CHAN212RES
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Don Ashworth, City Manager
Sharmin Al -Jaff, Planner II
September 23, 1996
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Adopt Findings regarding Paws, Claws, and Hooves Pet Boarding, Nancy Lee and
Patrick Blood
On August 12, 1996, the City Council reviewed an application for Site Plan Review for the
construction of a 8,152 square foot commercial stable and 12,936 square foot commercial kennel, a
conditional use permit to allow a commercial kennel, commercial stable in a Fringe Business
District, and a conditional use permit to allow more than one principal building on a single lot;
and a variance to allow a metal building and a pylon sign in a BF, Fringe Business District.
The City Council discussed the application at length. There was no opposition to the proposed
use nor the variance for the pylon sign, however, the City Council recommended denial of the
use of corrugated metal as the main building's exterior material. The variance was denied and
the applicant was instructed to investigate other types of materials for at least the exterior of the
stable building. The City Council also directed staff to reschedule the item for the following City
Council meeting.
On August 26, 1996, the City Council reviewed the application for the second time and directed
staff and the City Attorney to prepare findings of fact to deny the variance for using metal as the
main construction material for the building and approve the conditional use permit and the site
plan-
On September 9, 1996, the City Council reviewed the Findings of Fact for the denial of a
variance request to use metal as a primary material in constructing a commercial kennel and
stable, approval of a variance to allow a pylon sign on property zoned BF, approval of a
conditional use permit to allow a commercial kennel and stable and the construction of two free
standing buildings on a single lot, and site plan approval for the construction of a commercial
kennel and stable. The applicant requested the City Council reconsider their decision by
Don Ashworth
September 23, 1996
Page 2
allowing the commercial stable to be constructed of metal siding while the commercial kennel be
constructed of wood, stucco, brick, cut faced rock or tilt -up panels with architectural relief.
Attached are the findings of fact as requested by the City Council. There are conditions that have
been added or modified. These conditions are as follows:
Conditional Use Permit:
Condition 5 -16. has been added to the conditional use permit. This condition reads "Spreading
of manure on site shall be prohibited."
Site Plan Review - Variance:
One of the reasons this application has been revisited is due to the exterior material proposed to
be used on the building. At the August 26, 1996 City Council meeting, staff recommended the
applicant be permitted to build the stable out of metal while the other building would have to
meet ordinance requirements. A motion made by the City Council to approve the variance failed,
hence the application was tabled. Staff spoke to the applicant on several occasions to facilitate
this application. We advised them to submit revised plans showing both buildings with materials
that meet ordinance requirements. The applicant revised the plans by using 3.6' metal wainscot
on the kennel and 3.5' and 5' metal wainscot on the stable. The balance of the walls on both
buildings is wood. A colored rendering, as well as materials will be available at the meeting.
The applicant is still requesting they be permitted to build the stable out of metal only. The
current condition of approval under site plan findings states:
"q. Building material for the commercial kennel and stable shall be consistent with the
Site Plan Ordinance requirements (wood, stucco, brick; cut face block or tilt up panels
with architectural relies. "
Should the City Council decide to allow the applicant to build the stable by using metal only, the
variance findings should be disregarded since they are intended to deny the use of metal, and
condition (q) will have to be changed to read:
"q. The stable building maybe constructed by using metal. The commercial kennel shall
be consistent with the Site Plan Ordinance requirements (wood, stucco, brick; cut face
block or tilt up panels with architectural relie,). "
Variance:
The attached findings of fact for the variance portion of this application are to deny the use of
metal as the main material to be used on the exterior of the buildings. Should the City Council
' Don Ashworth
September 23, 1996
' Page 3
approve the use of metal, there will be no need to take action on the variance denying the use of
' metal.
Attached are the findings of fact as requested by the City Council.
' ATTACHMENTS
' 1. Findings of Fact (Conditional Use Permit, Site Plan Review, and Variance).
2. Letter from Nancy Lee dated September 12, 1996.
' 3. City Council Minutes dated September 9, 1996.
4. Elevations.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Paws, Claws and Hooves Pet Boarding
Application of Nancv Lee and Patrick Blood
Conditional Use Permit
On August 12, 1996, August 26, 1996, and September 9, 1996, the Chanhassen City Council met
at its regularly scheduled meeting to consider the application of Paws, Claws and Hooves Pet
Boarding for a conditional use permit for the property located at 10500 Great Plains Boulevard.
The City Council conducted a public hearing on the proposed conditional use which was
preceded by published and mailed notice. The City Council heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned BF, Fringe Business District.
2. The site is located north and adjacent to Highway 212 and east and adjacent to
Highway 101.
3. Section 20 -232:
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. Will be consistent with the objectives of the city's 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 essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring 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 agencies responsible for the establishment of
the proposed use.
' f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
t 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, fumes, 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.
i. Will not result in the destruction, 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.
' 1. Will meet standards prescribed for certain uses as provided in this article.
' 4. The conditional use permit #96 -3 is subject to the following conditions:
5. The City Council approves Conditional Use Permit 96 -3 to allow a commercial kennel
and commercial stable in a Fringe Business District, and a conditional use permit to allow
more than one principal building on a single lot; as shown on plans dated received June
14, 1996, with the following conditions:
' 5 -1. All structures on the site must be in compliance with Chapter 5, Articles II and III.
5 -2. The following criteria relates to commercial kennels for dogs and cats:
(a) Housing enclosures for dogs and cats shall be at least two hundred (200)
' feet from any neighboring residential structure used for human habitation.
(b) The proposed chain link fence which will surround each dog compartment
' shall be sturdy to keep dogs confined.
(c) Accumulations of feces shall be located at least two hundred (200) feet
from any well. The applicant is showing a waste water holding tank
located 180 feet from a well location however, they have not shown the
location of feces accumulation. Such information must be provided.
(d) All accumulations of feces 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.
(e) All dogs and cats shall be housed indoors overnight (8:00 p.m. to 7:00
a.m.).
(f) All dogs and cats shall be housed indoors when the commercial kennel
employee(s) is not present at the subject property.
(g) Dogs are not allowed to habitually bark in a manner considered a nuisance
as defined by the City Code or Nuisance Ordinance.
(h) Outdoor exercise (dog runs) confinement areas shall be screened and
buffered. Such screening and buffering may be accomplished by using '
berms, fencing, a green belt planting strip (evergreens), or natural
topography.
(i) The following conditions must be upheld in regard to the site's animal
quarters:
* Indoor housing facilities must be structurally sound with ample
heat, light, and ventilation.
* Animals kept outside must have continual access so animals can
get in and out to shelter and protect them from sun, rain, and snow.
* If animals are confined by chains, such chains must be attached so
not to become entangled with chains of other dogs.
* Individual animal enclosures must be of a size to allow each dog to
turn around fully, stand, sit, and lie in a comfortable condition.
* The temperature of indoor housing facilities shall not be less than
50 degrees Fahrenheit for dogs not accustomed to lower
temperatures.
* Disposal facilities are provided to minimize virus infestation,
odors, and disease hazards.
* Adequate storage and refrigeration is provided to protect food
supplies against contamination and deterioration.
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5 -3. The following criteria relates to commercial stables for horses:
(a) Minimum acreage for two horses shall be one and one -half acres and for
three horses shall be two acres, and additional one -third acre shall be
required for each additional horse. The site has an area of 13.16 acres
allowing a maximum number of 35 horses.
(b) The area where horses are kept shall be enclosed by a sturdy wood, metal,
or electrical fence which will keep the animal or animals confined within.
(c) The shelter or stabling facility shall be clean and sanitary such that it will
not be a harborage for rodents, flies and insects.
(d) Keeping, storing, stabling, or maintenance of horses shall not directly
contribute to the pollution of any public body of water. Covered,
containerized solid waste storage is required. The operation will be
generating large amounts of solid waste. To prevent run off from the site,
waste awaiting disposal should be covered to protect it from rain and snow,
and contained within barriers to keep it consolidated in a designated area.
(e) Accumulations of manure shall be located at least one hundred feet from
any well.
(f) 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.
5-4. All dog runs must maintain a minimum of two hundred (200) feet from wetland
area, 50 feet from public or private road right -of -way, and 200 feet from an
adjacent single family residence or a minimum of fifty feet from a side or rear lot
line, whichever is greater.
5 -5. The applicant shall obtain a permit from the City to maintain and operate the
commercial kennel and stable as regulated by the City Code.
5 -6. Both commercial kennel and stable shall be enclosed or fenced in such a manner
as to prevent the running at large or escape of animals confined therein.
5 -7. Both commercial kennels and stables shall be open for inspection by the City
authorities at any time.
5 -8. The applicant is showing light fixtures shielded under the roof canopy. All light
must meet ordinance requirements. Only shielded fixtures are allowed and the
applicant shall demonstrate that there is no more than % foot candles of light at
the property line as required by ordinance. A detailed lighting plan should be
submitted when building permits are requested.
5 -9. No outdoor speakers are allowed.
5 -10. The applicant must apply and obtain all necessary permits from regulatory
agencies such as Lower Minnesota Water Shed, Minnesota Pollution Control
Agency, U.S. Army Corps of Engineers, Carver County, etc.
5 -11. Only animal carcasses are permitted to be cremated. A temperature monitor must
be attached to the crematory. The City may require testing of the ashes.
5 -12. The applicant must supply the City with monthly waste tracking log submitted on
monthly bases. Such log should be signed by the landfill operator where the feces
are being disposed of
5 -13. Five trailer parking spaces shall be provided. The applicant shall show proof of
parking for the remaining seven spaces. Should the need arise for the additional
spaces, the applicant will be required to provide them. Adequate turnaround for
vehicles with trailers attached to them shall be provided. The turnaround shall be
approved by the Stable Inspector. All parking spaces shall be screened from views
from Highway 212, as required in the site plan ordinance.
5 -14. The applicant shall show the location of hay storage.
5 -15. The applicant shall show the area where horses will be allowed to graze and
exercise outdoors. The current trail located north of the site does not allow any
horses. The applicant shall meet with the City's Stable Inspector prior to issuance
of a building permit.
5 -16. Spreading of manure on site shall be prohibited.
5 -17. The applicant shall comply with the conditions of the site plan review #96 -8 and
variance #96 -8.
RECOMMENDATION
The City Council approve the conditional use permit.
ADOPTED by the Chanhassen City Council this day of .1996.
ATTEST:
Don Ashworth, City Manager Donald J. Chmiel, Mayor
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Paws, Claws and Hooves Pet Boarding
Application of Nancy Lee and Patrick Blood
Site Plan Review / Variance
On August 12, 1996, August 26, 1996, and September 9, 1996, the Chanhassen City Council met
at its regularly schedule meeting to consider the application of Paws, Claws and Hooves Pet
Boarding for a site plan review for the property located at 10500 Great Plains Boulevard. The
City Council conducted a public hearing on the proposed site plan which was preceded by
published and mailed notice. The City Council heard testimony from all interested persons
wishing to speak and now makes the following:
FINDINGS OF FACT AND DECISION
1. The property is currently zoned BF, Fringe Business District.
2. The site is located north and adjacent to Highway 212 and east and adjacent to
Highway 101.
3. Section 20 -110:
a. Consistency with the elements of the city's Development guides, including
the comprehensive plan, official road mapping, and other plans that may
be adopted;
b. Consistency with this division;
C. Preservation of the site in its natural state to the extent practical by
minimizing tree and soil removal and designing grade to be in keeping
with the general appearance with the general appearance of neighboring
developed or developing.
d. Creation of a harmonious relationship of buildings and open spaces with
natural site features and with existing and future buildings having a visual
relationship to the development;
e. Creation of a functional and harmonious design for structures and site
features, with special attention to the following;
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Protection of adjacent and neighboring properties through reasonable
provision for surface water drainage, sound and light buffers, preservations
of views, light and air and those aspects of design not adequately covered
' by other regulations with may have substantial effects on neighboring land
uses.
g. Within the HC districts, consistency with the purposes, intent and
standards of the HC districts.
' 4. Site Plan Review 96 -8 for the construction of an 8,152 square foot commercial
stable and 12,936 square foot commercial kennel with a variance to allow a pylon
sign in a BF, Fringe Business District, as shown in plans dated June 14, 1996,
' hereby approved with the following conditions:
a. The applicant and/or contractor shall notify the City upon encountering
' any existing drain tile on the site. The City will determine whether or not
the drain tile can be abandoned or relocated.
' b. All construction vehicles shall access the site at approved rock
construction entrances only. Haul routes shall be pre- approved by the
City. The applicant will be required to maintain haul routes and clean the
streets of any dirt and mud accumulated from vehicles tracking. Any
damage to City streets, curbs or other public facilities will be the
' responsibility of the applicant.
C. Type 3 erosion control fence shall be installed adjacent to wetlands. Type
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1. An internal sense of order for the buildings and uses on the site and
provision of a desirable environment for occupants, visitors and
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general community;
2. The amount and location of open space and landscaping;
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3. Materials, textures, colors and details of construction as an
expression of the design concept and the compatibility of the same
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with the adjacent and neighboring structures and uses; and
4. Vehicular and pedestrian circulation, including walkways, interior
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drives and parking in terms of location and number of access
points to the public streets, width of interior drives and access
points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangements and amount of parking.
Protection of adjacent and neighboring properties through reasonable
provision for surface water drainage, sound and light buffers, preservations
of views, light and air and those aspects of design not adequately covered
' by other regulations with may have substantial effects on neighboring land
uses.
g. Within the HC districts, consistency with the purposes, intent and
standards of the HC districts.
' 4. Site Plan Review 96 -8 for the construction of an 8,152 square foot commercial
stable and 12,936 square foot commercial kennel with a variance to allow a pylon
sign in a BF, Fringe Business District, as shown in plans dated June 14, 1996,
' hereby approved with the following conditions:
a. The applicant and/or contractor shall notify the City upon encountering
' any existing drain tile on the site. The City will determine whether or not
the drain tile can be abandoned or relocated.
' b. All construction vehicles shall access the site at approved rock
construction entrances only. Haul routes shall be pre- approved by the
City. The applicant will be required to maintain haul routes and clean the
streets of any dirt and mud accumulated from vehicles tracking. Any
damage to City streets, curbs or other public facilities will be the
' responsibility of the applicant.
C. Type 3 erosion control fence shall be installed adjacent to wetlands. Type
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I shall be installed on the remainder of the site. Additional silt fence or
rock filter dikes shall be constructed at the culvert inlets. Erosion control
measures shall be in place and maintained at all times until the site has
been fully restored, revegetated, and removal is authorized by the City.
d. Stone drainage calculations shall be submitted to the City Engineer to
verify culverts are sized correctly.
e. The applicant shall obtain and receive the necessary permits from the
regulatory agencies such as the Watershed District, MnDOT, and the
Chanhassen Building Department.
f. The access drive shall intersect Trunk Highway 101 at a90 angle. All
drive aisles shall be paved with a bituminous surface a minimum of 24-
feet wide. The curb shall be a rolled bituminous and the drive aisles shall
be constructed to a 7 -ton design up to the kennel. The gravel portion past
the kennel shall also be constructed to a 7 ton design and may be 22 feet
wide and inspected periodically. The maximum grade for the drive aisles
shall be 10% (Section 20- 1118).
g. The waste water holding tank and/or proposed drainage swale shall be
relocated to avoid potential contamination of the stormwater runoff.
h. The applicant will need to develop a sediment and erosion control plan in
accordance with the City s Best Management Practice Handbook and the
Surface Water Management Plan requirements for new developments. The
plan shall be submitted to the City for review and formal approval. Type 1
erosion control fence shall be installed around the downstream side of the
construction limits and Type 3 erosion control along the perimeter of the
wetlands. Rock construction entrances shall be employed and maintained at
all access points until the street has been paved with a bituminous surface.
All areas disturbed as a result of construction activities shall be immediately
restored with seed and disc - mulched or wood fiber blanket or sod within two
weeks of completion of each activity in accordance with the City's Best
Management Practice Handbook.
j. The applicant shall provide a storm water runoff plan that does not drain
directly to the wetland. A water quality pond to pretreat stormwater shall be
constructed adjacent to the wetland outside the street right -of -way. The
pond shall be designed in accordance with'TRW" standards. Detailed
pond calculations shall be submitted to the City for review and approval. A
' wet meadow seed mix should be used to encourage native plants in and
around the wetland.
k. The applicant shall retain a professional wetland delineator to determine the
wetland edge and, if necessary, adjust the development accordingly.
' 1. Building Official Conditions:
' 1 -1. Install holding tanks(s) to directly receive wastewater and toilet room
waste, with tanks sized and monitored in a manner approved by the
' City.
1 -2. Obtain a feedlot permit from Carver County.
' 1 -3. Provide covered, containerized onsite storage for animal waste in a
manner approved by the City.
14. Provide copies of solid waste disposal contract(s) to the City.
Contract(s) must provide for continuous disposal of all solid animal
' waste generated.
M. Fire Marshal Conditions:
' m -1. Dead end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around
' of fire apparatus. Pursuant to UFC Section 10.204 (c). Submit
radius turns for the west driveway on the stable.
' m -2. Fire lanes signage in accordance with Chanhassen Fire
Department/Fire Prevention Policy 06 -1991 shall be installed on
the service road starting at the west end of the kennel to the east
end of the stable. This is to assure that fire apparatus will have
access in the event of a fire.
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m -3. Driving surface. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall
be provided with a surface as to provide all weather driving
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capabilities pursuant to UFC Section 10 -204. (b) Submit road
design to City Engineer and Fire Marshal for review and approval.
Submit radius turns from the driveway off State Hwy. 101.
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m -4. Comply with Fire Department/Fire Prevention Policy 29 -1992
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regarding premise identification. Additional numbers will be
required at the driveway entrance. Number size and location must
be approved by the Fire Marshal.
m -5. Timing of insulation on fire protection including fire apparatus
access roads for fire protection, is required to be installed. Such
access road shall be installed and made serviceable prior to and
during the time of construction. Pursuant to UFC Section 10 -502.
n. The applicant must install tree protection fencing at the grading limits near
any existing trees. Fencing must be installed at the time of the silt fence
installation.
o. A complete sign plan shall be submitted to the City for review and
approval by the Planning Commission and City Council.
P. The applicant shall provide proof of parking for 38 parking spaces. The
City has the right to require the applicant to provide these additional
spaces if staff determines that additional spaces are needed. All parking
spaces shall be screened from views from Highway 212, as required in the
site plan ordinance.
q. Building material for the Commercial Kennel and stable shall be ,
consistent with the Site Plan Ordinance requirements (wood, stucco, brick,
cut face block or tilt up panels with architectural relief).
r. Five trailer parking spaces and six vehicle parking spaces shall be
provided by the Commercial Stable. The applicant shall show proof of
parking for seven horse trailer spaces and six vehicle parking spaces.
Should the need arise for the additional spaces, the applicant will be
required to provide them. Adequate turnaround for vehicles with trailers
attached to them shall be provided. The turnaround shall be approved by
the Stable Inspector. All parking spaces shall be screened from views
from Highway 212, as required in the site plan ordinance. Screening shall
be provided in the form of vegetation and berming.
S. The applicant shall comply with the conditions of the conditional use
permit #96 -3.
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DECISION
The City Council approves the site plan review.
ADOPTED by the Chanhassen City Council this day of
ATTEST:
Don Ashworth, City Manager
Donald J. Chmiel, Mayor
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CRMF'EELL, KNUTSON, SCOTT & FUCHS, P.A Sep 5,96 13:29 No.004 P.02
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
IN RE: ,
Application of Nancy Lee
and Patrick Blood for a
Variance to Allow
Metal Buildings.
FINDINGS OF FACT '
AND DECISION
DENYING VARIANCE
On August 12, 1996 and August 26, 1996, the Chanhassen City Council met to
consider a variance to allow metal buildings in connection with the construction of a
commercial kennel and commercial stable facility on property located north and
adjacent to Highway 212 and east and adjacent to Highway 101 ( "Subject Property ").
Having considered all relevant information including testimony from and submissions
by the Applicant and based upon the Council's knowledge of the community and
familiarity with the area in which the Subject Property is located, the Council now
makes the following;
FINDINGS OF FACT
1. The site is zoned BF, Fringe and Business District. Commercial kennels
and commercial stables are conditional uses in the BF District,
2. The site is located north and adjacent to Highway 212 and east and
adjacent to Highway 101. Access to the site is gained off of Highway 101. The site
is visible directly from Highway 212.
3. The variance request is to use corrugated metal siding as the main
material on both the proposed commercial kennel building and commercial stable
building.
4. On February 12, 1990, the City Council adopted Ordinance No. 119,
codified as City Code Section 20 -106 and 20 -122 requiring site and building plan
approval in the City.
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Sep 5,96 13 :30 No.004 P.03
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r 5. City Code Section 20 -106 sets forth the purpose of the ordinance. It
' states:
It is the intent of this division to serve the public interest by promoting a high
r standard of development within the city. Through a comprehensive review of
both functional and aesthetic aspects of new or intensified development, the city
r seeks to accomplish the following:
(1) Implement the comprehensive plan;
(2) Maintain and improve the city's tax base;
r (3) Mitigate to the extent feasible adverse impacts of one (1) land use upon
another;
(4) Promote the orderly and safe flow of vehicular and pedestrian traffic;
r and
(5) Preserve and enhance the natural and built environment.
r (6) Within the HC districts, meet the additional purpose, intent and
standards of the HC districts.
6. City Code Section 20 -116 sets forth specific architectural standards.
r Subsection (b) states:
r The use of unadorned, prestressed concrete panels and concrete block shall not
be permitted. Acceptable materials will incorporate textured surfaces, exposed
aggregated and /or other patterning. The use of metal on building exteriors
r shall be limited to trim detailing and /or to buildings using metal and glass
curtain walls. Architectural metal roof (standing seam and similar) systems and
r canopies may also be allowed.
7. Applicant's proposed 12,935 square foot commercial kennel building and
r 8,152 square foot commercial stable do not comply with this requirement. Material
proposed to be used on the commercial kennel would consist of face brick and
corrugated metal on the west side and corrugated metal only on the remaining three
r sides. The commercial stable building will utilize corrugated metal on all four sides.
r 8. City Code Section 20-58 provides that a variance may be granted only if
all of the ordinance criteria are met. The criteria and the City's Findings and as
follows:
r (1) That the literal enforcement of this chapter would cause undue
hardship. "Undue hardship" means the property cannot be put to
r reasonable use because of its size, physical surroundings, shape or
topography. Reasonable use includes a use made by a majority of
comparable property within five hundred (500) feet of it. The intent of
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V CAMPBELL. 6UTSON , SCOTT & FUCHS , P . A Sep 5,96 13 31 No . 004 P.04
this provision is not to allow a proliferation of variances, but to
recognize that in developed neighborhoods pre - existing standards exist.
Variances that blend with these preexisting standards without departing
downward from them meet this criteria.
9. There is no undue hardship caused by the literal enforcement of the
ordinance. There is nothing about the size, physical surroundings or shape or
topography of the Subject Property which prevents it from being put to a reasonable
use without this requested variance to allow metal buildings.
10. A majority of comparable buildings within 500 feet of the Subject
Property are not metal buildings. While there are other metal buildings within this
general area of the City, they were either constructed as exempt agricultural buildings
or existed prior to the adoption in 1990 of Ordinance No. 119.
(2) That the conditions upon which a petition for a variance is based are
not applicable, generally, to other property within the same zoning
classification,
11. There is nothing unique about this property. Construction costs are the
overriding reason for Applicants' variance request.
(3) That the purpose of the variation is not based upon a desire to increase
the value or income potential of the parcel of land.
12. Applicant does in fact seek to increase the income potential of the
proposed facility by decreasing the cost of constructing the facility by using metal
buildings.
(4) That the alleged difficulty or hardship is not a self - created hardship.
13. As discussed in Finding No. 9, there is no undue hardship.
(5) That the granting of the variance will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood
in which the parcel of land is located.
14. The granting of the variance would be detrimental to the public welfare.
The City has made the legislative decision to restrict the use of metal buildings as part
of its comprehensive site plan review ordinance adopted in 1990 for the express public
purpose of promoting a high standard of development within the City. Granting a
variance for this property based solely on the Applicants' desire to reduce its cost of
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.R Sep 5,96 13:31 No.004 P.05
doing business without the existence of an undue hardship unique to the property
' contradicts this legislative decision.
(6) That the proposed variation will not impair an adequate supply of light
' and air to adjacent property or substantially increase the congestion of
the public streets, or increases the danger of fire, or endanger the
' public sgfety or substantially diminish or impair property values within
the neighborhood.
' 15. The allowance of metal buildings of this nature will impair property
values within the neighborhood because they fail to accomplish the high standard of
development and architectural design which apply throughout the City under the City's
' Site Plan Review Ordinance.
' 16. Minn. Stat. § 462.357, Subd. 6 also sets forth criteria for granting
variances. It states in part:
' "Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of the ordinance."
' Here, economic considerations are the basis for the requested variance.
' pECISION
t Applicants' request for a variance to allow the construction of a metal
commercial kennel building and metal commercial stable are denied.
Dated: , 1996. CITY OF CHANHASSEN
' ATTEST:
City Clerk
ixooa
-4-
BY:
Donald J. Chmiel, Mayor
City Council Meeting - September 9, 1996
Councilman Senn moved, Councilman Mason seconded to approve the following Minutes:
City Council Minutes dated August 26, 1996 as amended on page 4 and page 48.
Planning Commission Minutes dated August 7,1996 as presented.
Planning Commission Minutes dated August 21, 1996 as presented.
Public Safety Commission Minutes dated July 11, 1996 as presented.
All voted in favor and the motion carried.
J. ADOPT FINDINGS REGARDING PAWS, CLAWS AND HOOVES PET BOARDING.
NANCY LEE AND PATRICK BLOOD.
Mayor Chmiel: I pulled 0) because of the fact that the adopt the Findings regarding Paws, Claws
and Hooves Pet Boarding, Nancy Lee wondered if she could just say something. Sharmin, I
think you have some information with that letter. Would you care to add anything more to that?
Sharmin Al -Jaff: Actually we had a conversation with the applicant this afternoon. The
Planning Director and myself and the applicant requested that the City Council consider going
back to it's original recommendation of having one metal building and on the second building it
would have a mix of metal as well as wood. That would satisfy the condition of the zoning
ordinance as far as site plans go. It still needs a variance on the stable. Having it all metal. And
the applicant wanted to present their request before the City Council and they requesteded that it
be pulled off the Consent Agenda. We're here to answer any questions. Thank you.
Mayor Chmiel: Good, thanks. Does anyone have any questions of Sharmin? Okay. Nancy, is
there something that you might like to say?
Nancy Lee: No. I think it's written in the letter.
Mayor Chmiel: Okay, good. I just wanted to make sure. Okay.
Councilman Berquist: I've got a question. So the metal lanes go up to over 6 feet, or whatever,
and then wood after that? Satisfies the.
Kate Aanenson: What the ordinance says is that metal can be used a support material. When we
spoke to the applicant, we didn't discuss how high it would be but the intent is to act as a support
material and we would work with them on that. I'm not sure...
Sharmin Al -Jaff: We haven't seen any revised plans so we don't know what it's going to look
like.
Councilman Berquist: Okay.
Mayor Chmiel: Now you're looking for direction from Council to revisit this and bring it back to
Council.
' City Council Meeting - September 9, 1996
Sharmin Al -Jaff. Correct.
' Councilman Senn: Do we need to act on the, I guess a question for Roger. Do we need to act on
' the Findings of Fact and then leave the door open, or can we just leave the door open and hold
off on acting on the Findings of Fact given the...
Roger Knutson: Right now if you take no action, well hopefully you'll take some action. Excuse
me. If you adopt the, it depends on what you want to do. I'm not clear on what. Do you want to
leave it open on the variance issue?
Councilman Senn: What I'm saying is, given our action last time, do we have to take an action
on the Findings of Fact tonight or can we stall that in relationship to reconsidering effectively the
t item.
Roger Knutson: You can move to reconsider the item, yes.
' Councilwoman Dockendorf: And then we'll discuss it two weeks from tonight?
' Roger Knutson: Yes. If that's what you desire.
Councilwoman Dockendorf: And we can just table acting on the Findings?
' Roger Knutson: Yeah, what you could do. I don't want to put words in anyone's mouth. There
could be a motion to reconsider item 0). If that motion passes, then the next motion could be to
' table it until your next meeting, if that's what you desire.
Councilman Berquist: And that motion has to be made by one of the dissenters.
' Councilman Senn: Right.
' Roger Knutson: Or yourself. You were absent I believe.
Councilman Senn: Well let me, I will try one. I would move that we table the Findings of Fact
on the basis that the applicant and staff get together and come up with a plan which comes back
to us which meets the desires we expressed before which was, an okay on the metal building for
' the stable. Not on the other building, and some agreements with the City over some special
conditions so that we are not creating a special circumstance, or ... we are not setting some easy
precedent as it relates to the metal building portion being on the stable.
' Mayor Chmiel: Yeah, that sounds good. Alright, is there a second? I'd second that.
' Councilwoman Dockendorf: May I ask for a clarification?
Mayor Chmiel: Sure.
City Council Meeting - September 9, 1996
Councilwoman Dockendorf Would that include Mark, accepting some metal supports on the
main roof?
Councilman Senn: Well again, I have to see a plan. The general direction is yes it can but I
mean we have to see a plan.
Councilwoman Dockendorf. I just don't want to give the applicant, you know.
Councihnan Senn: Well I don't want to give the impression that we're saying that's okay when
we don't even know what it means. I'm just saying, sit down with staff, work it out and come
back with a plan.
Mayor Chmiel: Okay. All those in favor say aye.
Councilman Senn moved, Mayor Chmiel seconded to table the Findings of Fact for Paws,
Claws and Hooves Pet Boarding on the basis that the applicant and staff get together and
come up with a plan which comes back which meets the desires expressed before which
was, an okay on the metal building for the stable. Not on the other building, and some
agreements with the City over some special conditions so that we are not creating a special
circumstance, or not setting some easy precedent as it relates to the metal building portion
being on the stable. All voted in favor and the motion carried.
Mayor Chmiel: It will be back on Council agenda.
Kate Aanenson: Can I just make one point?
Mayor Chmiel: Yes.
Kate Aanenson: October 14` is the deadline. We wanted to get a letter from the applicant
waiving the 120 days. Asking for an extension. So that gives us time to work on it. The
applicant's going to do that.
Councilman Senn: Do we need that on record tonight? Because we won't meet again until that
first.
Mayor Chmiel: Yeah, we will in 2 more weeks.
Kate Aanenson: Well we should be okay...
Roger Knutson: You have time? Okay. It's okay.
Councilman Berquist: You understand Nancy?
' City Council Meeting - September 9, 1996
' Nancy Lee: Well I'm confused. I was I guess under the assumption, and this was probably
wrong then. It was everything that was done last week... Is it something that can just be kennels
' and then...
Mayor Chmiel: What Council basically is saying is they'd like to see what that building's going
' to be like and are you saying that the building that's existing, that you showed us last time.
' Nancy Lee: The only difference would be that the wainscoating would move up instead of all
metal.
So it would be, I mean...
' Mayor Chmiel: Well I think probably, basically what we're looking at to be voted on was to put
this on the next agenda and then go from there. Colleen.
' Councilwoman Dockendorf And I think also, I mean last time it was a 2 -2 vote so there was
disagreement over whether the stable would be metal at all so perhaps you're looking...
' Mayor Chmiel: Kate, can you give Nancy some direction as to what we're looking at?
' Kate Aanenson: Yes.
Mayor Chmiel: Would you see Kate, either later this evening, whenever she gets away. We
' don't give her many breaks. Okay. That takes care of that particular item.
VISITOR PRESENTATIONS:, None.
1
' PUBLIC HEARING: TRANSFER OF ON -SALE BEER AND WINE LICENSE TO,
CHRISTOPHER MUNSON. FRANKIE'S PIZZA TO GO, INC.. 7850 MARKET
BOULEVARD.
' Don Ashworth: We've had a request to transfer the license for Frankie's had a change of
ownership. Mr. Munson is here. I don't know if he wishes to speak on this item. Staff has gone
' through the background reviews with Public Safety. Find no negative comments. We have
provided notice to all properties within 500 feet. Staff is recommending approval following
' submittal of a $5,000.00 surety bond, submittal of liquor liability insurance and receipt of license
fee in the amount of $280.00.
' Mayor Chmiel: Okay. Are there any specific questions by Council? Is there a motion?
Roger Knutson: Mayor?
Mayor Chmiel: Yes.
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