3. Larry Hopfenspirger, Appeal Zoning Map Interpretation Decision of Board of Adjustments and Appeals.L
MEMORANDUM
CITY OF 3
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Board of Adjustments and Appeals and City Council
FROM: Sharmin Al -Jaff, Planner II
John Rask, Planner I
DATE: October 10, 1996
SUBJ: Zoning Classification for 615 Flying Cloud Drive, Former Super America Site
BOARD OF ADJUSTMENT UPDATE
On June 24, 1996, the Board of Adjustments and Appeals held a public hearing to consider the
application of Mr. Larry Hopfenspirger and Mr. Feyereisen for a zoning map interpretation. The
appeal concerned an interpretation of the City's zoning map. The zoning map was unclear as to
which district the property was located. City staff informed Mr. Hopfenspirger that the property
was zoned A -2, Agricultural Estates District. The applicant alleges that he was told by city staff,
before he purchased the property, that it was zoned BF, Fringe Business District. Based on the
staff report and testimony received at the meeting, the Board found the Super America site to be
zoned A -2, Agricultural Estate. Mr. Hopfenspirger and Mr. Feyereisen were notified that they
could appeal the Board's decision to the City Council. No appeal was filed within the time frame
established by City Code.
In August of this year, Larry Hopfenspirger contacted city staff to appeal the Board of
' Adjustments decision to the City Council. Staff informed Mr. Hopfenspirger that appeals to the
City Council must be filed within four days following the Board's meeting. On September 16,
1996, Mr. Hopfenspirger submitted a new application requesting an interpretation of the zoning
' map. Accordingly, staff scheduled this item for the October 14, 1996 Board of Adjustments
meeting. If the applicant is aggrieved by the Board's decision, he could appeal to the City
Council. To process the applicant's appeal in a timely manner, staff also scheduled this item on
' the October 14, 1996, City Council agenda in the event that the applicant wishes to appeal the
Board's decision.
Board of Adjustments and City Council
June 19, 1996
Page 2
APPLICABLE REGULATIONS:
Section 20 -28 (b)(1) of the zoning ordinance grants the Board of Adjustments and Appeals to
hear and decide appeals where it is alleged that there is an error in any order, requirement,
decision or determination made by a city employee in the administration of the Zoning Chapter
Section 20 -203 of the zoning ordinance states that where interpretation is needed as to the exact
location of the boundaries of any district, the board of adjustments and appeals shall make the
necessary interpretation.
BACKGROUND
The former Super America site is located south of Highway 212 and is legally described as Part
of Government Lot 3, Section 36. The site is 23,220 square feet in size and contains a one story
(23' x 40') building, and a (8' x 24') storage enclosure located in back of the building. The site
has not been used as a gas station since approximately 1993. Therefore, any non- conforming use
rights on this site have expired.
Adjacent zoning and land use include Highway 212 to the north, Rice Lake to the south, Western
Motel to the east (zoned Agricultural Estate District), and an abandoned drive -in (Tri -Y). The
abandoned drive -in is the only parcel south of Highway 212 which is zoned BF, Fringe Business.
The Ordinary High Watermark for Rice Lake is 699.2. The lowest floor elevation for the
existing building is 725.98. Therefore, the building is located out of the flood plain.
The appeal by Mr. Hopfenspirger is regarding the zoning status of the site. City staff is of the
opinion that the site is zoned A -2, Agricultural Estate District. However, the applicant alleges
that city staff told him that the site was zoned BF when he called the city inquiring about the
zoning for this parcel. In addition, the applicant alleges that he purchased the property believing
it was zoned for commercial use.
The current zoning map for the city shows the BF district boundary line located over the
property. Most zoning district boundaries are either located along the center line of a road or on
a property line. A zoning map prepared in 1989 shows the property located in a BF district. All
other information indicates that the property is zoned A -2. Staff is unaware of any rezonings
associated with this parcel.
The.following chronology was compiled from information contained in Planning Department
files:
HISTORY
February, 1972: The Zoning map shows the subject site in an Agricultural Residence
District.
' f Adjustments and City Board o � y Council
' June 19, 1996
Page 3
October 4, 1976: Variance request to construct a pump island canopy within the front yard
setback. Variance was granted.
November 8,1978: A building permit was issued for a prefabricated metal storage shed
t building (8' x 24').
' December 4, 1978: Variance request for a metal storage shed (24' x 8').
April 8, 1983: Building permit for a shed (8' x 10').
' May 5, 1993: Building permit was issued to remove Underground Storage Tanks
April 30, 1985: DNR sent memo regarding Proposed Septic System for Super America.
a. Construction of system will not encroach on any part of Rice Lake.
b. Location of property appears to be at the outermost edge of the
shoreland district, if in it at all.
C. The system has been adequately designed considering the site
limitations. Recommendation to regularly monitor the system to
ensure there is no seepage. The system cannot conform totally
with the concepts of keeping the system four (4) feet above the
highest known groundwater table and steep slope considerations.
'
May 20,1985: Onsite Sewage Treatment System permit was approved.
July 25, 1985: Building permit was issued for an existing building to move storage tanks.
'
August 1, 1985:
Septic inspection.
August 16, 1985:
An inspection was conducted for the Tanks and Dramfield. "Tanks set
OK."
August 19, 1985:
Septic inspection.
'
August 20, 1985:
Septic inspection.
December 1986: The Zoning Map shows the site zoned A -2.
June 1987: The Zoning Map shows the site zoned A -2.
t June 13, 1988: A zoning map attached to a staff report for CUP 88 -6, shows the subject
site within an A -2 District.
Board of Adjustments and City Council
June 19, 1996 '
Page 4
April 25, 1988: A zoning map attached to a staff report for CUP 88 -4, shows the subject
site within an A -2 District.
August 8, 1988: City Council approved a CUP to construct an 80 square foot pylon sign for I
Super America. The zoning map shows the site zoned A -2.
August 24, 1989: Zoning map shows BF district line drawn over subject site allowing the I
site to appear in a BF district.
January 29, 1990: A zoning map attached to a staff report for CUP 90 -1, shows the subject I
site within an A -2 District.
September 12, 1994: A zoning map attached to a staff report amending the zoning ordinance as '
it relates to the BF district, shows the subject site within an A -2 District.
June 24, 1996: The Board of Adjustments and Appeals held a public hearing to consider
the appeal of Mr. Mark Feyereisen and Larry Hopfenspirger for a zoning
map interpretation. The Board, by a unanimous vote, found the property
to be zoned A -2, Agricultural Estate. ,
ACTION REQUESTED BY THE APPLICANT '
The applicant is requesting the Board of Adjustments and Appeals find staff's interpretation of
the zoning map incorrect, and find the site zoned as BF, Fringe Business.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion: '
"The Board of Adjustments and Appeals denies the applicant's appeal based on the following I
findings:
1. On June 24, 1996, the Board held a public hearing to consider an appeal by Mr. Mark '
Feyereisen and Mr. Larry Hopenspirger for a zoning map interpretation for the Super
America site located at 615 Flying Cloud Drive. Based on the staff report and testimony
received at the pubic hearing, the Board found the property to be zoned A -2, Agricultural
Estate.
2. Article II, Section 20 -29(d) of the City Code allows for decisions of the Board to be appealed '
to the City Council, provided the appeal is filed with the City within four (4) days after the
date of the Board's decision. The applicants were informed of the appeal process at the
meeting on June 24, 1996. The applicants did not file their appeal within the time frame ,
established in the City Code.
Board of Adjustments and City Council
J Y
June 19, 1996
Page 5
3. No new information or evidence has been submitted since the Board last considered the
applicants request.
4. If the applicant wishes to change the zoning on the property, the applicant should submit an
application for a zone change."
ATTACHMENTS
Fj
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1.
Board of Adjustment and Appeals minutes dated June 24, 1996
'
2.
Application dated September 13, 1996
3.
Zoning map dated February, 1972
'
4.
Zoning map dated December, 1986
5.
Zoning map dated February, 1986- revised August 24, 1989
6.
Zoning map dated February, 1987 - revised January, 1994
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Board of Adjustments and City Council
June 19, 1996 '
Page 4
April 25, 1988: A zoning map attached to a staff report for CUP 88 -4, shows the subject ,
site within an A -2 District.
August 8, 1988: City Council approved a CUP to construct an 80 square foot pylon sign for I
Super America. The zoning map shows the site zoned A -2.
August 24, 1989: Zoning map shows BF district line drawn over subject site allowing the I
site to appear in a BF district.
January 29, 1990: A zoning map attached to a staff report for CUP 90 -1, shows the subject I
site within an A -2 District.
September 12, 1994: A zoning map attached to a staff report amending the zoning ordinance as I
it relates to the BF district, shows the subject site within an A -2 District.
June 24, 1996: The Board of Adjustments and Appeals held a public hearing to consider '
the appeal of Mr. Mark Feyereisen and Larry Hopfenspirger for a zoning
map interpretation. The Board, by a unanimous vote, found the property
to be zoned A -2, Agricultural Estate. '
ACTION REOUESTED BY THE APPLICANT '
The applicant is requesting the Board of Adjustments and Appeals find staff s interpretation of
the zoning map incorrect, and find the site zoned as BF, Fringe Business. ,
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion: '
"The Board of Adjustments and Appeals and City Council denies the applicant's appeal based on I
the following findings:
1. On June 24, 1996, the Board held a public hearing to consider an appeal by Mr. Mark '
Feyereisen and Mr. Larry Hopenspirger for a zoning map interpretation for the Super
America site located at 615 Flying Cloud Drive. Based on the staff report and testimony
received at the pubic hearing, the Board found the property to be zoned A -2, Agricultural '
Estate.
2. Article II, Section 20 -29(d) of the City Code allows for decisions of the Board to be appealed '
to the City Council, provided the appeal is filed with the City within four (4) days after the
date of the Board's decision. The applicants were informed of the appeal process at the
meeting on June 24, 1996. The applicants did not file their appeal within the time frame '
established in the City Code.
' Board of Adjustments and Review - June 24, 1996
Jim Jasin: Let's say the end of July.
' Knutson: Okay. I can't say okay.
' Watson: We like it when you answer questions.
Chmiel: I think that would be fine, if your second also would.
' Watson: Absolutely.
Y
' Chmiel: I make a motion to table.
' Watson: Second.
Chmiel moved, Watson seconded to table action on a variance for a 10 foot front yard, a 4
' foot east side yard, a 5 foot west side yard, and lakeshore setback variances for the
construction of a single family residence on property zoned RSF, Residential Single Family
and located at 3705 South Cedar Drive until the end of July so the applicant can bring back
' revised drawings. All voted in favor and the motion carried.
' ZONING APPEAL FOR AN INTERPRETATION OF THE ZONING MAP FOR
PROPERTY LOCATED SOUTH OF TH 212 AND EAST OF TH 169 ON THE FORMER
SITE OF SUPERAMERICA, MARK FEYEREISEN.
Sharmin Al -Jaff presented the staff report on this item.
V'
Watson: When we were supposedly calling it agricultural and allowing that gas station to be
there, how were we justifying the gas station on an agricultural property?
Al -Jaff: It pre -dated the ordinance. It was there prior to.
Watson: So we didn't call it anything. Or didn't address the fact that it was in fact.
Al -Jaff. No, it was agricultural. However it was a non - conforming.
Watson: But we called it a non - conforming? Did we actually address it as a non - conforming
use on that property?
11
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Board of Adjustments and Review - June 24, 1996
Al -Jaffa No. It's always been shown as an agriculture. Through applications that we
reviewed in the past, it requests what the zoning is on the site. And it's always been stated
that the site is zoned agriculture. The issue of it being a non - conforming use has not come
up, at least through the research that we have done, we have not found anything that points
out that this use is non - conforming.
Watson: But a gas station in an agricultural area is not a conforming use?
Al -Jaffa Correct.
Watson: I was just curious about that because I mean it didn't.
Knutson: Can I ask a question? Sharmin, do you know what date this gas station was
initially built?
Mark Feyereisen: '74. I believe it was '74.
Knutson: How was the property zoned in 1974?
Al -Jaffa Agriculture.
Watson: And the date, well of course we don't have the record that tells us what decision
was .made when it was built. Why they granted. But I understand you know that it was
allowed to be built but I just.
Mark Feyereisen: I've got the tax lease that shows that ... The taxes for Chanhassen...
Knutson: The tax classification has nothing to do with the zoning.
Watson: Right, but I mean we didn't address in '74 the fact that the gas station went in
agricultural zoning. I just was wondering if we ever addressed what we called this.
Knutson: The question is, how could you be able to, it was zoned agricultural, how could it
be able to build a gas station there?
Watson:. Yeah. If we let him...
Aanenson: ...that part of the city at that time, it was part of the Village.
Johnson: ...part of the Village if it became a city in 1968.
12
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Board of Adjustments and Review - June 24, 1996
Knutson: There's a short answer. We don't know how it got built. We don't have a file on
it?
Aanenson: We don't have a file, that's correct.
Johnson: Excuse me, did you want to make a statement a minute ago?
Mark Feyereisen: ...I've been driving this 212 route for at least 40 years and the 28 years as
a resident of that farm in Scott County. And I've always assumed as I came near the Tri -Y,
as it was called over the years. There was a North Star gas station probably 15 -20 years
before the SuperAmerica bought the site and converted it to their operation. So I always
assumed that the motel and the Tri -Y Drive In, which I used to frequent, and there was
another filling station across the street which is now a used car lot, I believe. And you would
think that these are all commercial sites. So I retired, I would always like to have a drive in
like the Tri -Y, and well the Tri -Y is now gone but the building next to it, which was the
former SuperAmerica site. A few months ago I thought, oh it might be kind of nice to do
something along that line with that particular building, assuming that it was a commercial,
retail site. I don't know the proper names of the zoning ordinance... I thought well, this is
kind of a nice place and it would enhance the neighborhood. Look at something beautiful
other than a filling station. So that's how I got involved. I'm almost kind of an outsider
initiating what the owner of the property assumed, I guess we all assumed it was a
commercial site. With that I thank you.
Johnson: Thank you.
Larry Thomasberg: I'm Larry Thomasberg. I live in Bloomington, 8601 Golden Avenue
South. We used to live in Chanhassen... for one year. I'd like to read a letter about, and give
you each one, about what happened on the site. Early last spring, around February I started
talking to Ashland Oil about the site. And throughout the year I made calls to city staff.
Kate Aanenson was the member that I was talking to about the property at 615 Flying Cloud
Road. I was told by Kate Aanenson, and later by Bob Generous, the zoning of this property
was BF, Business Fringe. I've been faxed by Bob Generous with zoning. I've met on two
occasions with Kate Aanenson on what I could do with this site. On one occasion was 8 -28-
95 alone. Then with Greg Swenson, a perspective tenant who wanted to put in tobacco
warehouse on 9- 15 -95. A week after I purchased the site. I relied on information to purchase
the site on September 8th. You see that I put a sign out to see if I could find a tenant. My
last conversation with Kate Aanenson was on March, 1996. It was about a tenant named Don
Kulver who wanted to put in a sporting goods store. The BF zoning, according to Kate, BF
zoning, Section 20 -773, conditional use said it was only for trucks, trailers, auto, sporting
goods and wholesales and rental. Don Kulver had called Kate Aanenson and said boats and
13
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Board of Adjustments and Review - June 24, 1996
Watson: The history is rather unclear. It makes a rather strange resident of the A2 zoning '
district. And in 1988 we said it was A2. In '88 again we said it was A2. And in August,
again we allowed a pylon. We allowed them to build commercial things on something that '
we still showed as A2. I'm real confused. Why did we allow them to, you know enlarge on
a commercial zoning in an A2 Estate in 1988, if we believed that A2 zoning was correct?
Again, we don't know why. ,
Mark Feyereisen: May I say something?
Watson: Well I'd really like to address it to staff, just so we can kind of '
Johnson: We're running out of time here.
14 1
cars but nothing else. Then I set up an appointment to meet with Kate on 2 -30, on
Wednesday the 13th. At that time Kate handed the baton to Sharmin, who was put in charge
'
of this file. Sharmin said that she was reviewing the whole file because it was not consistent.
Later on in the week, on the 18th, she sent the file to Roger Knutson, City Attorney. On the
week of the 25th I called Mr. Knutson for his interpretation. He said the issue was not clear.
'
A map in 1986, revised in 1989 shows clearly the site should be inside the BF zone, and
that's one of the overheads there. While the map in 1987, revised in 1994, is inclusive and
unclear and seems to indicate BF zoning. A very obvious question is, why a map revised in
1989 wasn't the map revised in 1994, instead of the map revised, or the map of 1987, revised
in 1994. It makes no sense. It sounds like there's something missing here. As of this date,
'
Sharmin said more research could produce that it was BF or not. But until she could find
more evidence she was calling it A2, agricultural. I talked to Roger Knutson and he said that
I should address the commission here. So my position, to summarize it is, that the 1989 map
'
is clear and the 1987 map, revised in 1994 that the staff was using to give me this
information, is unclear. After I had purchased the property, there was nothing more I could
do. Furthermore, the lot across the street that's non - asphalt, is BF. Tri -Y, right next to my
'
lot, contiguous, is BF. First time I talked to Sharmin, she was under the impression that it
was A2 also, until she found the file. She found the file, the zoning variance. So the
inconclusiveness of the 1994 map and the conclusiveness of the 1989 map, I'm asking that I
,
be given a BF zoning that I was told. Why else, if it wasn't conclusive, why else was I told
that it wasn't BF. On the various occasions that I spoke with staff, and/or met on 6/16/95,
1/28/96, 9/6/95 and 10/20, or 2/20/96. To top it off, it's shown as, on the sheets that you
,
have, it's taxed as commercial. In 1995. It shows as commercial. It's taxed as commercial.
How can so many people be so wrong if this is not indeed BF? That's it. Thank you.
Johnson: Anybody want to address this.
Watson: The history is rather unclear. It makes a rather strange resident of the A2 zoning '
district. And in 1988 we said it was A2. In '88 again we said it was A2. And in August,
again we allowed a pylon. We allowed them to build commercial things on something that '
we still showed as A2. I'm real confused. Why did we allow them to, you know enlarge on
a commercial zoning in an A2 Estate in 1988, if we believed that A2 zoning was correct?
Again, we don't know why. ,
Mark Feyereisen: May I say something?
Watson: Well I'd really like to address it to staff, just so we can kind of '
Johnson: We're running out of time here.
14 1
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Board of Adjustments and Review -June 24, 1996, ,_
Watson: And we're running out of time here.
Aanenson: There was a copy of the staff report. I'm not sure how that interpretation was
made but there's a copy of the staff report that said they requested a conditional use, or a
variance for a sign in the A2 district, and I'm not sure how that went through the process but
it did. But it specifically said that you were giving approval to something in that A2 zone.
We have a copy. That report we do have in the file.
Johnson: Was there a variance granted on the sign?
Aanenson: Correct.
Al -Jaffa Conditional use was granted.
Aanenson: Right, a conditional use to approve a sign. A conditional use.
Johnson: Okay. Because I didn't think it come before the Board.
Al -Jaff No, it didn't.
Watson: We'd remember if it was only in '88. I find myself puzzled by the historic picture.
I'm a little puzzled too about agricultural estate zoning in that particular place with the other
zonings around it. It would be a very strange relative for that A2 zoning. Is there anything
that you can do to clarify this? It certainly is not a nice, neat package.
Aanenson: Can I comment on the comp plan, the relevancy to the 1991 comp plan?
Knutson: Yes.
Aanenson: When the comp plan was updated in 1991, this was prior to my knowledge, and
that's why I turned it over to Sharmin. Sharmin has the most knowledge of uses down in this
area of the city, and has been here longer. But the comp plan shows everything south of
212/169 as guided as open space, recognizing that uses along there, the hotel ... are legal non-
conforming and eventually a higher, better use, or open space in this case, would take over
that southern part, so that must have come up during discussions in the comp plan. It's not
really spelled out very well in discussing those uses down there but everything south of there
is intended to be guided as open space. So that was part of my discussion with the applicant
is that there was limited use, even under the BF.
Watson: Okay. Because some of it is zoned BF and then we have this piece that's A2?
15
Board of Adjustments and Review - June 24, 1996
Aanenson: Yes.
Watson: And then we have BF again on the other side.
Aanenson: But we do see it as eventually someday being all open space.
Watson: Oh.
Aanenson: Yes, Fish and Wildlife has been taking up property in that area.
Watson: Well I know. They've taken a lot of the river area.
Aanenson: Correct.
Watson: And that makes perfect sense to me. I'm just trying to figure out, you know what, I
mean we're supposed to be interpreting what this is.
Knutson: What you've got to decide is how is it zoned.
Chmiel: Yeah, that's the question.
Watson: And when we go and make an interpretation like that, are we talking about what
makes sense and what looks logical?
Knutson: No.
Watson: We're just talking about what.
Knutson: What is.
Watson: What is, whether it makes sense or not.
Knutson: What is now...
Watson: Okay.
Johnson: ....on the lake, what the print shows. In other words, that jog goes around his
property.
Knutson: The question is not how it should be zoned, but how it is zoned.
16
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Board of Adjustments and Review - June 24, 1996
Chmiel: Well I think as you look at that heavy line that goes through that specific area, and
carries through in and adjacent to the 169/212, and that existing structure that shows there
was the former SuperAmerica. As I look at that, to me it would appear that that is not part of
the BF, but it would be agricultural too.
Watson: There is decidedly a jog there. I mean there is obviously. What is?
Johnson: Comparatively speaking, you've got to decide whether or not that line is off the
property, because there is a jog where the building stands ... in the A2.
Watson: Well just west of it here, we went down and we picked up some property. We
seemed to have, for one reason or another, deliberately left it.
Johnson: Left it out of there.
Larry Thomasberg: ...1989 where it clearly shows the BF. If you look at the 1989... clearly it
shows it inside the boundary. I mean there's no question that the BF on that map...
Knutson: Did anyone clear these particular maps with a consulting engineer or someone in-
house.
Al -Jaf£ Some of them were prepared by.
Knutson: Inbetween the two it could be found out what happened. Going back to original
notes or something.
Watson: Was the property listed? I mean when they went along, down along that area and
there were various uses for the property by, whether it would be a tax piece or whatever you
call it. Does it list it separately and each piece separately given? State specifically what
zoning, like for instance when they went down and they did these maps and stuff. And that
area down there where we were kind of.
Larry Thomasberg: I questioned the ... use of the gas station rights and they had grandfather
business...
Johnson: But we also have in the ordinance, if it's not been in use for a year, it converts
back to whatever previous.
Larry Thomasberg:: I guess what we're saying is we want to be able to bring the place back
to life and bring it onto the tax rolls instead of sitting there as a piece of..
17
Board of Adjustments and Review June 24, 1996
Al -Jaffa We don't, I mean this is before our time. We don't know what happened with this.
Watson: Yeah, I was just hoping it was written somewhere or that they address any
individual plat.
Al -Jaffa Basically when this one was prepared, the borders of a district are ... can basically
they put that tape on mylar which is a sheet, a little thicker than this one and apparently... '
went over this property. So that's how the confusion with this parcel took place.
Watson: In other areas then, how do we designate where that occurred? I mean that must be I
dividing lots of different districts in the city. How have we interpreted.
Aanenson: It should follow property boundary. Not go through a property.
Watson: I see.
Johnson: In other words it should have been on the edge of the road.
Larry Thomasberg: The initial map that I have, that I got from Sharmin does not show this '
slight jog right here. I don't know if this ... Sharmin to make it more explicit, but this is a
straight line without the slight jog so it's right over it. If you look at your map that's the
correct that Sharmin gave you ... See there's no. '
Al -Jaffa Correct. I highlighted the original just to give you an indication as to where this
property is located. That's the sole purpose of why you see that hint of a drawing. '
(There were several conversations going on at the same time at this point.)
n apparently thought, August 8th of 1988 everyone apparently
'
Knutson: At this point everyone app y g g ry
thought it was zoned A2. How you would get a CUP for a pylon sign on property zoned A2 I
is....
Johnson: Have you got a motion? '
Watson: Go for it Willard. I've done my motion for this evening.
Johnson: I make a motion that this be... '
Watson: What do we do, recommend? I
18 1
1 Board of Adjustments and Review - June 24, 1996
Johnson: How do you want this stated?
Knutson: Your motion would be, the Board finds that the roe is zoned fill in the blank.
p p rt5' ,
Johnson: A2? This Board finds that this property is zoned A2.
Knutson: That's the motion.
Watson: Second.
' Johnson: Any more discussion?
Johnson moved, Watson seconded that the Board of Adjustments and Appeals find staffs
interpretation of the zoning map as A -2, Agricultural Estate District and find the site is
inaccurately zoned as BF, Fringe Business. All voted in favor and the motion canied.
Knutson: The applicant should be advised that they can appeal this to the City Council.
I Watson moved, Johnson seconded to close the public hearing. All voted in favor and the
motion carried. The public hearing was closed.
' APPROVAL OF MINUTES: Watson moved, Johnson seconded to approve the Minutes of
the Board of Adjustments and Appeals dated June 10,1996 as presented. All voted in favor,
except Chmiel who abstained, and the motion carried.
Watson moved, Johnson seconded to adjourn the meeting. All voted in favor and the motion
carried. The meeting was adjourned at 7:55 p.m.
' Submitted by Kate Aanenson
Planning Director
1 19
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900 RECEDED
DEVELOPMENT REVIEW APPLICATION SEP 16 REM '
APPLICANT:
Larry H opfenspirger OWNER: Larr3rff6f Ogn ( ; 9ii'r N Qe ) r kS SEN
ADDRESS: 7300 France Ave South # 219 -A
n1G. Mn 9941S
TELEPHONE (Day time) 612 -835 -2177
i
ADDRESS: Frans Ave South-_ - I ` !Q-A -
54
TELEPHONE: 619-1815-9177
Comprehensive Plan Amendment
_ Temporary Sales Permit
Conditional Use Permit
Vacation of ROW /Easements
Interim Use Permit
Variance
Non - conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
_ Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site Plan Review*
X Escrow for Filing Fees/Attomey Cost"
($50 CUP /SPRNACNARNVAP / Metes
and Bounds, $400 Minor SUB)
,
Subdivision*
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
"Twenty -six full size folded copies of the plans must be submitted, including an 8 %" X 11" reduced copy of '
transparency for each plan sheet.
** Escrow will be required,or other applications through the development contract I
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
1
PROJECT NAME
SUPER
AMERICA
SIGHT
LOCATION
of the
Y in the
road where 169 and 212 meet
LEGAL DESCRIPTION See attached
I'
LJ
I�
i
PRESENT ZONING Ande termined
REQUESTED ZONING - g
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST Petitioner was told over a one year
process by city staff Kate neson that the property was BF and Lnen
-in Marrh 199Fi to d it was A -2
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable Ci Ordinance provision Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying
with all City requirements with regard to this request. This application should be processed in my name and I am the party
whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of
ownership (either copy of Owner's Duplicate Cert of Title, Abstract of Title or purchase agreement), or I am the
authorized person to make this application and the fee owner has also signed this application.
1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best
of my knowledge.
/(3 /gG
Date
�lI�I9�
Date
Application Received on Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
- -iwo
I Jill
I I
s
s
1
s o
90ao
9400
9900
9400
6600
9600.0
100
No
300
400
900
600
100
900
900
Iwo
1100
1200
............
............
...........
...........
n
R-4 DWELLINGS C
C —1 OFFICE BUIL
C —2 COMMERCIAL
C — 3 SERVICE COA
I — 1 INDUSTRIAL
P —1 PLANNED RE
P— 2 PLANNED UN
P— 3 PLANNED CO
P — 4 PLANNED INI
SCH(
EN(
HOP
[ L a i
1
1
FEBRUARY, 1972
LEGEND
R -1A AGRICULTURAL RESIDENCE DISTRICT
PREPARED BY
SCHOELL & MADSON, INC.
R -1
SINGLE FAMILY RESIDENCE DISTRICT
a�o-`^%s'�'<•''y
R -2
TWO FAMILY DUPLEXES
R -3
NOT LESS THAN 2 OR MORE THAN 12 UNITS
R -4
DWELLINGS OF NOT LESS THAN 12 UNITS
C —1
OFFICE BUILDING DISTRICT
C —2
COMMERCIAL DISTRICT
C — 3
SERVICE COMMERCIAL DISTRICT
I -1
INDUSTRIAL DISTRICT
P -1
PLANNED RESIDENTIAL DEVELOPMENT
P-2
PLANNED UNIT DEVELOPMENT
P -3
PLANNED COMMUNITY DEVELOPMENT DISTRICT
LEM
P-4
PLANNED INDUSTRIAL DEVELOPMENT DISTRICT
PREPARED BY
SCHOELL & MADSON, INC.
III? I s , :, Y
A) m thi after° the: termination of
a�anu . ».� °" --- ..ac.. ° o...:•.au.uy �Ily manager /Cktk. �,. M,cfs.r qtr +.;. k •at''
. eery 1. through becanba 31 of the same year or for a lesser period Published in tine papers of
bf time u the Council may specify
excavatlotl
r , {�: opeiitiais or within three (3) months after the ezpvatlon
WE IM W4
at the tlme of hs uangt of the ex. 4 IfiC. thfs`lgth
February, 1987 day of
of
s r f , • the extraction permit provided by this Ordiiancethe appp-
cant or owner shall dismantle buildings
•
"Ss and structures inci•
dent to excavation operations and s hall grade the excavation
A g • .
C
1 p
site as well as complete all rehabilitation on the site as provide
r Y ed by. the .rehabilitation Plan..-
�' ,
'
p er . ... ..
When required, the lxrtmeter of the excavation site shall be '
i x ` Planted or otherwise screwed.
.� I t
8xisting'tree and•grourid nova sheep be preserved to the max.:.
P a
,
N k3 rc;,�f knurt► extern feasible , maintained or supplemented by selec-
� , c i� � E< save cuttink� transplanting and replanting of trca•
{ v x+ other ground coves along , shrubs and
ng all setback
�- - _
I cs
areas
E7tcavation O r8
Ar Pe ring Standards. , ,•. , •
.. .,.....,...
.. _ �
-
�1
- -- - •wn t
A a Noise: - Maximum noise kwel at the pedmta of the excavation :.
° ;site shall. com D1Y with
t
no t,
_
scn the 7hnit3 or standards established by
a n � the Minnesota Pollution Control Agency am th United States
r ,bK rotection Agen
Environmental P c
....• } ...
— t
a as ',
y ?
` E B psHours:!Ulaccavatlon
aver operations shall be conducted between
" h7 00 '
g
�''
. ✓ a
• ' •° - r,
t t
1 g,1 P•m., Monday through Saturday. only. The
aed .m. and
conn may restrict
".
,,., .,, ,:..
w
excavation
� Y . processing or'related opera-
u . 1 g � dis tiora on ' legal holidays if such activities cause noise
ry i
.nr . nr 2 ''
rice
or other
+ turbances offensive to'.ad'acent P
n I P perry.
yy,, •�Fp Explosives. The use and handling of
ps•
- �
-
-
- a A
a1� a
explosives at the excava-
tion site• shall be coordinated with the Police Department.
prs'• .
t lasting shall occur only at hours specified in the extraction ,.
-
2
°a
D Fugitive Dust.' Excavation operators sheep use all practical
' means to reduce
,
the amount of fugitive dust generated by ex-
cavatlon operations. In any event, the
amount of dyi t or other
,•particulate matter generated by th e excavation chap
q�I
1
coed sir pollution standards established by the Minnesota
_ -
r L_
nrz
1opution Control Agency,
E a Water Popution: Excavation operators
—� r t
•
ROF
re
NE
chap comply with cep'
o , - aPPpcabk Minnesota Pollution Control Agency and Depart-
t
!
•
at
-
i : ment 'of Natural Resources regulations and all applicable
_�'
-
United States Environmental Protection AS
gency regulations
for the protection of water No
r 0 !
i
RV
nsF art ;
quality. waste products or pro-
ceased residue including untreated wash water shall be
CITY CF
P "
deposited in any public waters of the State of Minnesota nor .
in or near wetlands.
(�- WOSSi7V •'
�
F Topsoil Preservation. All topsoil shall be retained at the ex•
ZONNp MAP
4k
t cavation site. witp the rnmpletion of rehabilitation work in ac-
oordance with rehabilitation. plan.
..
- -
..err •--, ..�
-
<; mopes During Excavation Operations. Duririg the entire period
operations, cep excavations
LEG"
A�QInIWLAEa"AI
other Warn the working face.
chap be sloped on cep sides to a maximum ratio of one (1) foot
a
Mpp,,.=
At _ aerA,F •""t'
"M - RUUL tEIEBRK
,
boriaomal to one (1) foot. vertical, unless a steeper slope hcep-
a•1Ner
M : °N° `"'~' RF°°°""�T
" .
r Pro the ,
t by City. Whore excavations are adjacent to a public
MM LOW DOW" FESMDM#Ltaamer
an ®a®aM
aj
Broadway, or other rightof -way, the excavation shall have a
< maximum
E11,aY IEaOBInE a„ ,p, r
"�: M0M=JWV'E'OBAM VWWT
r slope Of four (Q feet horizontal to are (1) foot ver
dcal. Bolles adjacent to waterways
w - wtw� ."�'o,,,k,
'
shall not exceed six (t7 feet
:. t, Horizontal to one'(1) foot vertical. t
CIO - carnK.,,. oe,w.r
e. - �&GuamnDeno"
r
�.-� \•.
H Equipment: Ap
1"+'f�r,�'�P„• ., .equipment and machinery shall be .operated
and maintained br.such a manna as to minimize dust, noise,
- r Is FRkW wtsESa gamer
o ur ' eavaiia �wmer
i
y and vibration. Power drives or Power- produ dng machine shall
* .r, be
,,
�E w,
- wK a„Nto,.E„r uEC
`
x not housed or o
L feet
v �! a raidential" use t Access roads shall be
ro u�
�—
a
6
maintained in
dust -free conditori by surfacing or other treatment
` NE
as may ,
specified ,by the city engineer. Y be
Li > :Processing. Crushing, washing, and refining, ' -
or other similar
r processing may be authorized
a
az
bythe Council as an' accessory
provided, however. that'such accessory processing
shay
`nee be io conflict with the use regulations
of the district in
-which the operation. h located. Process ing shall not be
witted.
L' ' — _ T "` 10P
,
per- .
in' R-districts. - : ' .
] ..Council Waiver. The Council, the
7
at time of issuance of the
extraction permit, may waive or modify any of the provisions
' +, ! • , "k this Sxtion or Impose additional requirements if it finds
r •
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DEER OOK DRIVE
r
• � - 7pp
Soo ,
u• � I
. R,
LANE , 6
-fop
- -two
2 I .. - --.1100
s Clit Of CHAN If
IROO H
�� 11
Noo
—
1000
BF
Gs
A2
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04
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a v• - -
9
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CITY of
CHAt"SSEN
ZONING MAP
EFFECTIVE 02/17/87
LEGEND
A 1 - AGRICULTURAL PRESERVATION DISTRICT
A2 - AGRICULTURAL ESTATE DISTRICT
RR - RURAL RESIDENTIAL DISTRICT
RSF - SINGLE FAMILY RESIDENTIAL DISTRICT
R4 - MIXED LOW DENSITY RESIDENTIAL DISTRICT
R8 - MIXED MEDIUM DENSITY RESIDENTIAL DISTRI(
R12 - HIGH DENSITY RESIDENTIAL DISTRICT
BN NEIGHBORHOOD BUSINESS DISTRICT
BH - HIGHWAY & BUSINESS SERVICES DISTRICT
CBD - CENTRAL BUSINESS DISTRICT
BG - GENERAL BUSINESS DISTRICT
BF - FRINGE BUSINESS DISTRICT
Of - OFFICE & INSTITUTIONAL DISTRICT
IOP - INDUSTRIAL OFFICE PARK DISTRICT
PUD - PLANNED UNIT DEVELOPMENT DISTRICT
NE - NATURAL ENVIRONMENT LAKE
RD - RECREATIONAL DEVELOPMENT LAKE
MEPARED 6Y:
- M, r M M M M M M M M M M M M M M M M M
CITY OF CHANHASSEN
Our Commitment to
Serving You
October 14, 1996
DeloitteTouche
bhmatsu
International
Deloifte &
TouchO iuP
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.=.= m m m m m m m m= mm m m m m mm
Deloitte & Touche LLr Minneapolis Personnel
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Profile of Our Minneapolis Government Services Practice
Professionals Dedicating Significant Time
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Partners Who Have Numerous Governmental Clients
.. .m� . •. �..'• •. 'gun' ;�[ . ' .... 4' ,�f.f� • " 3. . .
Managers
Senior
Accountants
.. Hk..' " ^'
..;✓:. .a.. .�. 11 <' '+,u:;uu.Silir
.. •: ••
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u'i:Ai^
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• Expected Loss of State Aid
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Deloitte &
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Local Comprehensive Annual Report Experience
❖ Our record of assisting clients in obtaining and maintaining
certificates of achievement for excellence in financial
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❖ We assisted Chanhassen in developing your report for
successful submission to GFOA's Certificate of
Achievement.
❖ We have consistently served more clients who have the
certificate than any other Minnesota CPA firm including:
• City of Blaine
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