1j. Paws, Claws and Hooves Pet Boarding: Adopt Findings.MEMORANDUM
CITY F J I''
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action try Ciittyy Administratdt
Wors • Ai
fAo0e — -- —
Rejecte -
Date Submitted to Commission
TO: Don Ashworth, City Manager
Date Submitted to council
FROM: Kate Aanenson, AICP, Planning Director G.
DATE: September 5, 1996
SUBJ: Adopt Findings regarding Paws, Claws, and Hooves Pet Boarding, Nancy Lee and
Patrick Blood
At the last City Council meeting, staff was directed to prepare Findings of Fact and Decision for
the denial of the variance for alternative building materials, approval of the conditional use and
site plan.
Attached are the three separate Findings of Fact and Decision as requested by the City Council.
CHMPBELL, KNUTSON, SCOTT & FUCHS, P.H Sep 5,96 13:29 Nu.004 P.02'
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA,
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IN RE: I
Application of Nancy Lee FINDINGS OF FACT
and Patrick Blood for a AND DECISION
Variance to Allow DENYING VARIANCE
Metal Buildings. '
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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 conunercial 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,
F DINGS OFF CT '
1. The site is zoned BF, Fringe and Business District. Commercial kennels I
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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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 protnoting a high
standard of development within the Through
city. a comprehensive review of
both functional and aesthetic aspects of new or intensified development, the city
seeks to accomplish the following;
(1) Implement the comprehensive plan;
(2) Maintain and improve the city's tax base;
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(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;
and
(5) Preserve and enhance the natural and built environment.
'
(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.
Subsection (b) states:
' 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
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
' canopies may also be allowed.
7. Applicant's proposed 12,935 square foot conunercial kennel building and
' 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
sides. The commercial stable building will utilize corrugated metal on all four sides.
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:
' (Y) That the literal enforcement o this chapter would f p d cause undue
hardship. "Undue hardship" means the property cannot be put to
' 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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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 pre-existing standards without departing
downward from there 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 saute 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 h(jurious to other land or improvements in the neighborhood
in which the parcel of land is located.
140 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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doing business without the existence of an undue hardship unique to the property
' contradicts this legislative decision.
' (d) 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 safety 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.
I DE LISION
' Applicants' request for a variance to allow the construction of a metal
commercial kennel building and metal conunercial stable are denied.
Dated:
1996. CITY OF CHANHASSEN
' ATTEST:
'
City Clerk
BY:
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 Conditional Use Permit
On August 12, 1996 and August 26, 1996, the Chanhassen City Council met at its
regularly schedule meeting to consider the application of Paws Claws and Hooves 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 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 -232
a. Will not be detrimental to or enhance 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
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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.
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.
IN
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k.
Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Will be aesthetically compatible with the area.
Will not depreciate surrounding property values.
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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: I
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: '
1. All structures on the site must be in compliance with Chapter 5, Articles II and III.
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
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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.
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(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
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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 I
employee(s) is not present at the subject property.
(g) Dogs are not allowed to habitually bark in a manner considered a nuisance as I
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.
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.
I (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.
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(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.
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(e) Accumulations of manure shall be located at least one hundred feet from any well.
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(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.
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. The applicant shall obtain a permit from the City to maintain and operate the commercial
kennel and stable as regulated by the City Code.
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.
7. Both commercial kennels and stables shall be open for inspection by the City authorities
at any time.
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.
9. No outdoor speakers are allowed.
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.
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.
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
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.
14. The applicant shall show the location of hay storage.
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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.
16. The applicant shall comply with the conditions of the site plan review #96 -8.
DECISION
The City Council approve the conditional use permit.
ADOPTED by the Chanhassen City Council this day of
CHANHASSEN CITY COUNCIL
Its Mayor
ATTEST:
Secretary
R
1996.
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
On August 12, 1996 and August 26, 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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1. An internal sense of order for the buildings and uses on the site and provision
of a desirable environment for occupants, visitors and general community;
2. The amount and location of open space and landscaping;
3. Materials, textures, colors and details of construction as an expression of the
design concept and the compatibility of the same with the adjacent and
neighboring structures and uses; and
4. Vehicular and pedestrian circulation, including walkways, interior 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.
f. 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.
5. 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 1 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. Storm drainage calculations shall be submitted to the City Engineer to verify culverts are
sized correctly.
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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 a 90 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.
i. 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 "NURP"
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. Install holding tanks(s) to directly receive wastewater and toilet room waste, with
tanks sized and monitored in a manner approved by the City.
2. Obtain a feedlot permit from Carver County.
3. Provide covered, containerized onsite storage for animal waste in a manner
approved by the City.
4. 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:
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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.
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.
' 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 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.
4. Comply with Fire Department/Fire Prevention Policy 29 -1992 regarding premise
identification. Additional numbers will be required at the driveway entrance. Number
size and location must be approved by the Fire Marshal.
' 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.
cc. The applicant shall comply with the conditions of the conditional use permit #96 -3.
DECISION
The City Council approves the site plan review.
ADOPTED by the Chanhassen City Council this
ATTEST:
Don Ashworth, City Manager
day of
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Donald J. Chmiel, Mayor
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