5. Seven-Forty One Crossing Center: Westin Sports, IUP to Allow Temporary Outdoor Display of Boats.CITY OF
',v CHANHASSEN
ACREAGE: Approximately 5 acres
–5—
STAFF REPORT
PROPOSAL: Interim use permit request for the temporary outdoor display of boats for sale at the
7/41 Crossings Center
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LOCATION: Seven -Forty One Crossings Center - Located in the southwest quadrant of the
intersection of Highways 7 and 41
APPLICANT: Sportskraft International Inc. 7 & 41 Crossings Center Limited Partnership
Westin Sports 5500 Wayzata Blvd.
2401 Highway 7 Suite 150
Excelsior, MN 55331 Minneapolis, MN 55416
PRESENT ZONING: BN, Neighborhood Business District
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DENSITY: N/A
ADJACENT ZONING
AND LAND USE: N - City of Shorewood, Commercial
S - RSF, Residential Single Family
E - RSF, Residential Single Family
W - RSF, Residential Single Family
WATER AND SEWER: Available to the site
PC DATE: 5/1/96
CC DATE: 5/20/96
CASE #: 96 -1 IUP
By: Rask:v
Action by City Adm
Date Sub ,lined to Cornmissiot3
Date Submitted to Councd
PHYSICAL CHARACTER.: The 7/41 Crossings Center is a 26,060 square foot neighborhood
retail center. Access is provided from Highway 41 and Highway 7.
2000 LAND USE PLAN: Commercial
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Westin Sports Interim Use Permit
May 1, 1996
Page 2
PLANNING COMMISSION UPDATE
On May 1, 1996, the Planning Commission held a public hearing to consider the application of
Westin Sports and Marine and PBK Investment for an interim use permit for outdoor display of
boats. The Planning Commission by an unanimous vote recommended denial of the interim use
permit based on the findings presented in the staff report.
The Commission was concerned with aesthetics and the impacts that boat sales would have on
other businesses in the center. In addition, the Commission reflected on the history of the parcel
and the amount of work that went into creating the zoning district and the compromises made with
the neighbors in providing a neighborhood center versus a more intense strip commercial
development.
Several Commissioners expressed a desire to try to accommodate a limited amount of outdoor
display, but were concerned with the past history of the business in following ordinances. The
Commission concluded that allowing a limited amount of outdoor display would likewise be
inconsistent with the neighborhood and may create additional enforcement problems.
PROPOSAL /SUMMARY
Sportskraft International, Inc. (Westin Sports and Marine), the applicant, and 7/41 Crossings
Center, the owners, are requesting an interim use permit to allow outdoor display of boats. The
applicants have identified three areas along the east property line in which boats would be
displayed. A total number of boats to be on display was not provided. However, upon review of
the site plan, it appears that approximately 10 -14 boats could be displayed in the designated areas.
As proposed, the boats would be located in existing parking stalls.
BACKGROUND
Development and Rezoning History
In 1968, the Generalized Guide Plan for Chanhassen designated this property as Service
Commercial. In 1972, the new zoning ordinance designated this area as R -1, Single Family
Residential. In 1982, when the Comprehensive Plan was adopted, the area was designated as
residential low density. In 1983, an application was submitted for a land use plan amendment from
residential low density to commercial. This request was denied. In 1986, a different application
was submitted to rezone the eastern half of the parcel to the then retail district which was known as
the C -2 District. The City Council at their June 2, 1986, meeting denied this rezoning request.
Westin Sports Interim Use Permit
May 1, 1996
Page 3
In 1986, the City changed the zoning ordinance to create a neighborhood business district. On July
25, 1988, the City Council approved the final plat to subdivide 7.63 acres into three commercial
lots, rezoning from OI, Office Institutional to BN, Business Neighborhood, and site plan for a
26,000 square foot shopping center for HSZ Development. A total of 212 parking stalls were
provided along with the retail center. City Code requires that retail establishments provide one
space for each two hundred square feet of gross floor area. A total of 130 stalls would be required
based on this standard. The center currently has 82 more stalls than what is required by City Code.
Extra parking was provided for the future construction of a second building on this lot. The
building was proposed in the location that is currently utilized by the day care as an outdoor play
area.
Westin Sports and Marine moved into the 7/41 Center in 1992. Staff questioned the use at this
time, but determined that a marine supply /sporting goods store could be considered a
"neighborhood oriented retail shop" due to its close proximity to the lakes in northern Chanhassen
and Lake Minnetonka. Staff discussed this issue with the applicant at the time of building and sign
permit approval. Based on a discussion with the applicant, and the name of the business (Westin
Sports and Marine), staff was under the impression that the store would sell sporting goods and
boating accessory items, and not boats. Staff notified the applicant both orally and in writing that
outside storage or display of boats is prohibited at this location.
Background on BN District
The intent of the Business Neighborhood District is stated in the ordinance as, "to provide for
limited low intensity neighborhood retail and service establishments to meet daily needs of
residents." There are two areas currently zoned BN. The first is the property south of Highway 5
and north of Lake Drive consisting of the American Legion, Total Gas Station and adjoining
shopping center, and the day care. The second area is the 7/41 Crossings Center, Super America,
and the vacant lot adjacent to Super America. The "neighborhood" area that the 7/41 Center serves
is northern Chanhassen; recognizing that the center provides an opportunity for passing motorists
to take advantage of the retail services that it provides.
The BN District permits by right uses which are neighborhood oriented: convenience stores,
neighborhood oriented retail shops, self-service laundries, day care centers, personal service
establishments, health services, etc. By conditional use permit, the BN District allows convenience
stores with gas pumps, drive -in banks including automated kiosks, standard restaurants, and bed
and breakfast establishments. In 1990, interim uses consisting of Churches and Temporary outdoor
display of merchandise for sale were added to the BN district.
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Westin Sports Interim Use Permit
May 1, 1996
Page 4
ANALYSIS
Staff recommends denial of the interim use permit because outdoor display of boats is inconsistent
with the intent and other permitted uses of the BN zoning district. The City created the BN zoning
district to accommodate "neighborhood" oriented retail and service establishments to meet the daily
needs of nearby residents. The current operation consisting predominantly of boat sales is not a
permitted, conditional, or interim use in this district. At the time the business located in the center,
it was believed that the business would be selling sporting goods and boating accessory items, not
boats. Expanding the business by allowing the outdoor display of boats would further violate the
zoning ordinance, and may open the door for similar uses such as recreational vehicles, car, and
snowmobile sales.
The temporary outdoor display of merchandise for sale provision was not intended for the display
of vehicles or boats. The ordinance states that the purpose and intent of allowing interim uses is:
(1) To allow a use for a brief period of time until a permanent location is obtained or while the
permanent location is under construction, and (2) To allow a use that is presently acceptable but
that with anticipated development will not be acceptable in the future. Staff is of the opinion that
the application does not meet either of these requirements. The use is a permanent use at an
existing center, and is inconsistent with the uses in the BN zoning district.
I FINDINGS
Section 20 -383 provides general issuance standards which apply to all interim uses. The standards
are as follows:
"The Planning Commission shall recommend approval of an interim use permit and the Council
shall issue interim use permits only if it finds that such use at the proposed location:
1. Meets the standards of a conditional use permit set forth in section 20 -232 of the City Code.
Finding: See the standards listed below.
2. Conforms to the zoning regulations.
Finding: Boat sales are not a permitted use in the BN zoning district.
3. The use is allowed as an interim use in the zoning district.
Finding: Temporary outdoor display of merchandise for sale is allowed as an interim use in
the zoning district.
Westin Sports Interim Use Permit
May 1, 1996
Page 5
4. The date of event that will terminate the use can be identified with certainty.
Finding: A date for termination could be established with certainty.
5. The use will not impose additional costs on the public if it is necessary for the public to take the
property in the future; and
Finding: The use will not impose additional costs on the public.
6. The user agrees to any conditions that the City Council deems appropriate for permission of the
use.
Finding: Conditions could be added in attempt to mitigate any negative impacts.
When approving an interim use permit, standards applicable to conditional use permits must also be
considered. The general issuance standards of Section 20232, include the following 12 items:
Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Finding: Outdoor display of boat sales should not endanger the public health, safety,
and general welfare of the City, but may change the nature of the Center and neighborhood
by permitting a use that is inconsistent with the district and the intent of providing
neighborhood services. Parking of boats in designated parking stalls may impede traffic
circulation if not properly controlled.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The City's comprehensive plan has this property guided Commercial which
is consistent with a marine supply store and boat sales. However, boat sales are inconsistent
with the zoning district in which it is proposed.
3. 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.
Finding: The intended character of the Center and general vicinity is that of a
neighborhood oriented retail center. Allowing outdoor display of boats would be
incompatible in appearance with the existing area.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
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Westin Sports Interim Use Permit
May 1, 1996
Page 6
Finding: Outdoor display of boats would not be disturbing to existing neighboring
uses because of noise or odors, but would change the aesthetic appearance of the site.
5. 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.
Finding: The proposed use would be served by adequate public facilities and services.
6. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The proposed use will not create excessive requirements for public facilities,
nor will it be detrimental to the economic welfare of the community.
7. 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.
Finding: Outdoor boat sales would not involve activities, processes, materials, or
equipment that would be detrimental to any persons or property. However, the cleaning and
maintenance (changing oil) of boats in the parking lot may transmit pollutants onto
neighboring properties or into the storm sewer system.
8. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: Adequate access and parking is provided. If not properly managed, the
parking of boats in the lot may create traffic congestion or impede traffic movement.
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: The proposed use will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
10. Will be aesthetically compatible with the area.
Westin Sports Interim Use Permit
May 1, 1996
Page 7
Finding: The outdoor display of boats would be aesthetically inco mpatible with the
area as surrounding land uses consist of neighborhood oriented retail and residential.
11. Will not depreciate surrounding property values.
Finding: The proposed use should not depreciate surrounding property values as
adequate buffering and screening occurs between neighboring properties and the center.
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: Section 20291 provides operational standards for truck:, automobile and
boat sales. These standards are as follows:
1, No vehicles which are unlicensed and inoperative shall be stored on the premises.
2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building except minor maintenance, including, but not limited to, tire
inflation, and wiper replacement.
3. No outside storage or display is allowed, except vehicles for sale or rent.
4. No public address system shall be audible from any residential property.
5� No test driving of vehicles on local residential streets is allowed.
6. A landscaped buffer on hundred (100) feet from any residential zoning district
T All vehicle dealers shall be licensed by the state.
RECOMMENDATION
Staff recommends that the Council adopt the following motion:
"The City Council denies interim use permit #96 -1 based on the findings presented in the staff.
More specifically, the Council finds the following:
1. Outdoor display of boats for sale is not a permitted use in the BN district.
2. A boat dealership is inconsistent with the intent of the BN zoning district.
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Westin Sports Interim Use Permit
May 1, 1996
Page 8
3. Boat sales are not an appropriate interim use at this location based on the purpose and intent of
interim uses as stated in the zoning ordinance.
4. Outdoor display of boats for sale is inconsistent with other uses in the BN zoning district.
5. The proposed use is aesthetically incompatible with adjoining land uses consisting of the
neighborhood oriented retail center and residential developments."
ATTACHMENTS
1. Planning Commission minutes dated May 1, 1996
2. Letter from 7 & 41 Crossings Center Limited Partnership
3. Application dated March 29, 1996
4. Site Plan showing proposed location of boats
5. Interior layout of store as approved in September of 1992
6. Public hearing notice and property owners list
g: \planJr \westin.cc
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MAY 1, 1996
Chairwoman Mancino called the meeting to order at 7 :00 p.m.
MEMBERS PRESENT: Ladd Conrad, Kevin Joyce, Nancy Mancino, Bob Skubic, Jeff
Farmakes, and Don Mehl
MEMBERS ABSENT: Craig Peterson
STAFF PRESENT: Kate Aanenson, Planning Director; John Rask, Planner I; Dave Hempel,
Assistant City Engineer; and Sharmin Al -Jaff, Planner II
PUBLIC HEARING:
AN INTERIM USE PE RMIT TO ALLOW THE TEMPORARY DISPLAY OF BOATS
LOCATED ON PROPERTY ZONED BN, NEIGHBORHOOD BUSINESS DISTRICT AND
LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF HWY. 7 AND
41, SEVEN -FORTY ONE CROSSING CENTER. PBK INVESTMENTS, IN
John Rask presented the staff deport on this item.
Mancino: Thank you John. Any questions for staff at this time? From anyone.
Joyce: Yeah I have a question. They're requesting an interim use permit but I look on the
application, it says conditional use.
Rask: Yeah. That I believe, in the district interim uses, outdoor display is an interim use in
that district. Boat sales are not a conditional use or interim use or permitted use. I don't
believe, I think that was just an oversight on the applicant's part.
Joyce: I guess the way I'm reading interim use is the temporary type of thing.
Rask: Correct.
Joyce: Conditional, I've got the zoning things out of city code, would be like; an annual type
of situation where they apply?
Aanenson: They don't have to re- apply. Generally it runs with the land but they normally
are inspected to make sure they're complying with conditions.
Joyce: So would this case be subject to that?
Rask: Yes it would.
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Planning Commission Meeting - May 1, 1996
Joyce: I mean if it'was approved, they would have to apply annually?
v annually. With h interim Rask: They wouldn't ha a to apply an ual y . W t the to use permit you can set a date
' for termination of that use. It could be a particular event or it could just be a date at some
time in the future. But as part of the whole process we do review it annually to make sure, to
determine compliance with the conditions.
' Aanenson: Yeah, and failure to comply with conditions may be cause for revocation.
' Joyce: That leads to my second question. What's the enforcement mechanism on something
like this?
' Rask: It'd be a periodic review to insure that the conditions are being met.
Joyce: And if they're not, they're fined or something like that?
1 Rask: That's an option. Generally the approach we take is a notice of violation until it
becomes an ongoing problem and then we'll either, citations are a possibility or court action
' to gain compliance.
Joyce: Thank you.
' Mancino: John, excuse me. Go ahead.
1 Farmakes: Are there boats there now?
Rask: Yes, that's correct. We have, we did receive some complaints approximately a year
' ago from tenants in the building. We did send notices over the last year. We did get
compliance on a couple of occasions. Back in about February of this year, the boats
' reappeared. We sent them notice again stating that they had an option to apply for an interim
use permit. If we didn't receive that, we'd begin legal action to abate the problem.
' Mancino: And what was the nature of the complaints from the other tenants?
Rask: It primarily had to do with the parking of boats in prime parking stalls. There were a
1 couple in handicapped parking stalls from time to time. I think that problem was taken care
of. The boats parked to the rear of the building were providing an obstruction to delivery
trucks to get around. We have had the fire marshal up there to investigate on several
' occasions. I don't think he ever found them to be a problem in their location but it did
prevent delivery trucks from going around.
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Planning Commission Meeting - May 1, 1996
Mancino: Are there two accesses to the back of the building at this point? One at the east
end and one at the west end?
Rask: Correct.
Mancino: And were there boats also out last summer there?
Rask: Correct.
Mancino: So this has been going on, the outdoor usage has been going on for approximately
Rask: A little over a year.
Mancino: A little over a year. And are we not John looking at two issues here. One is the
request for an interim use permit for outdoor display, but secondly is really that it is not a
permitted use to be selling boats in the area even indoors, correct?
Rask: Correct. The only district that boat sales are allowed are the BF and the BG districts.
Boat sales are not allowed in the neighborhood business district. At the time the business
located we were under the impression that it would be selling life jackets, fishing tackle,
sporting good types of items so we did consider this to be a neighborhood oriented retail
establishment. It was kind of a stretch at the time but it did seem to meet that definition.
We were aware there would be some boats in the building. As I mentioned in the report, we
do not require business licenses so we don't know exactly what they're going to be selling. A
lot of times we don't interact with the occupant of the building until they request a sign
permit or if they're going to do any remodeling to the building. In this case they did both and
on the building permit we had indicated that outdoor storage or display would not be
permitted.
Mancino: And so tonight you're asking the commission just to make a recommendation for
the interim permit for outdoor display? Not for whether it should be a permitted use in the
business neighborhood district?
Rask: Correct.
Farmakes: I know that the boats that are outdoors, or one of them anyway, is way too large
to be indoors in that building. If I recall, when the business first started out it was an
accessory business with small, very small type boats, runabouts or less. Has the nature of the
business changed?
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Planning Commission Meeting - May 1, 1996
Rask: It appears to.
Farmakes: Within the last year that has occurred?
Rask: Yes. It seems that they've gone more to boat sales and away from the small accessory
items or the sporting good type items. I think as you'll hear from the applicant in a minute
here, is that they do believe that their clientele is in the neighborhood there. A lot of their
sales in that area and it is their belief that they are serving a neighborhood function in that
respect. And what the staff has said in the report is that, we feel that no. That is not a
neighborhood oriented service. I don't think people, it's not something you just stopped in
after work and buy. The district is intended to meet the daily needs of residents, whether it's
a convenience store, the daycare. Things like that that are currently in the building.
Mancino: Okay, thank you. And I'll listen to the applicant now. Any other questions?
Thank you. Would the applicant wish to address the Planning Commission?
Diane Mitchell: Do you want me at the podium?
Mancino: Please. State your name and address please.
Diane Mitchell: Do you want my home address or the address of our business?
Mancino: Both please.
Diane Mitchell: Okay. My name is Diane Mitchell and I represent the Seven -Forty One
Crossing Center and PKB Investments. The business is located at 5500 Wayzata Boulevard
in Minneapolis. My address is 12304 Taupe Avenue North in Plymouth. We are requesting
a special temporary use permit for our tenant, Westin Marine, to display boats in designated
areas of the parking lot. There had been some concerns in the past about boats that were
displayed because of I think the location of the boats. I don't believe that there are any
tenants in the center that at this time are objecting to how they have conformed with where
they are placing the boats. The tenant was selling boats initially from the time that he
became a tenant and submitted a plan to the city, which clearly showed that he would have
boats stored and be selling boats in that location. He installed two overhead garage doors
which had not been in the building prior to his entering so it was very clear that he would be
selling boats. There was not an objection and that has not been an objection. What they
have found is that in trying to run their business at that location, they do not have, there isn't
a real good visibility from either of the highways. It isn't clear what the nature of the
business is and to be able to display a boat, two boats, whatever the number of boats, they
feel is actually necessary in order for them to remain in business. They are in a position right
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Planning Commission Meeting m May 1, 1996
now where they have determined that if they cannot in some way have some kind of outdoor
display, they really cannot function in that location any longer. This is obviously a concern
to us. We presently have 2,000 square feet unoccupied in that center. They occupy 3,930
square feet. We're then up to almost 6,000 square feet unoccupied or 23% of that building. I
think you probably know that that does affect the assessed value of the building. It becomes
a hardship and ultimately it could affect the tax base and that type of thing. You know we've
been working very hard to try to keep the standards up with that building and maintain and
make improvements. We want to continue to do that. Rental revenues obviously are a factor
of being able to... What we're hoping is that rather than allowing us either to have boats or
not have boats outside, we've tried to determine the area in the parking lot that we feel are
not used by the other tenants. Are at the end of the building that Westin Marine occupies.
Are away from regular traffic patterns to not cause any obstruction or any problems to any of
our customers. Or any of the other tenants or anyone that would be using the facility. There
wasn't a specific request for the number of boats. I realize that the area we designated could
hold a large number of boats. What we're hoping is to receive recommendation as to what
the city would feel is appropriate. If it's one boat or it's two boats or it's one boat in one
location and one in another, you know we're looking for working something out to try to help
a business maintain and yet keep the surroundings, keep everything looking good. We want
the center to look good too. You know we want to keep it full. We want to bring in
business. So therefore a specific amount was not requested. This is something that we feel
we would take part in also policing. Make sure that the tenant does comply. If there should
be a specific, you know something established as to just where a boat could be. What the
size of the boat could be. You know whatever the requirements might be. The area that
we've determined is also on the Highway 41 side. The center is set down in so it does almost
create somewhat of a natural berm on that side. I tried to drive around to different areas
surrounding the building and see if it is offensive or what can be seen from the other
neighborhoods. From the spots that I've gone to, I can't see the boats. So you know we feel
that we're trying to do it in a way to maintain the best possible situation for Everyone because
you know, I fear for the outcome if we aren't able to come to some kind of a. solution to help
our tenant. And I think that's all I have. If you have any questions.
Mancino; I just have a couple. When this came about, when there was a need for display of
the boats, why didn't anyone from your company come to the city at the time and ask for an
interim use permit at that time? Why has it taken a year for this to come about and for us to
act on it?
Diane Mitchell; Well you know, if I understand the question correctly, I'm not sure that, you
know until we received the letter saying that there was a complaint about the fact that they
had a boat there, I'm not sure that we were aware that it was a problem and when we did
realize that there was a complaint and that this was potentially a problem, that is when we
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started working with the city to see what we could do. And that was when we found that
' there are some of the temporary use permits that are available that we may be able to fall
within those guidelines. And also hoping that you know if we could establish something, that
maybe we could set it up for a short term. See how it works for everyone and obviously then
it would be up for review at whatever the designated time period is. So that we're not asking
for this to be changed or to make any official changes as to that area.
' Mancino: And what if other tenants have a visibility problem? How do you see us working
with those other tenants? I noticed that there are some, you have some vacant areas and as
' you get new tenants in, how are they going to become more visible and have a presence on
TH 41 and TH 7?
' Diane Mitchell: Well actually, you know I ... personally I did not think that it blocked the
visibility for the other tenants. And we don't want to just keep one tenant happy. We want
to keep all of our tenants happy and we work closely with our tenants and if that should
happen, then I think we would have to adjust whether or not the boats could be there. If it
started to affect another tenant ... then we're not achieving what we want either.
I Joyce: I have one question. This time frame that we're talking about I assume would be
seasonal so the boats come in. Are you suggesting you something here or you don't know?
Diane Mitchell: We're not. We're not suggesting. I mean we're looking for, you know give
them a chance.
' Joyce: Well you wouldn't have boats out there in December, right? Or would you? Or
January.
' Diane Mitchell: They could have one boat out there just so people could see that they are,
you know that they do have boats inside. That they are open. That it is still there.
' Joyce: Do you think that they're concerned about the season? I mean they'd like to be, I was
over there today and they have like 8 boats out there. I assume because it's a busy season for
them obviously. I guess I'm asking, could we possibly restrict how many boats are out there
per like a certain season they can have X amount and maybe off season.
Mancino: Certainly. Certainly, we can be that specific.
Diane Mitchell: I'd appreciate that.
I Joyce: Okay, thank you.
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Planning Commission Meeting - May 1, 1996
Mancino: Thank you very much. Can I have a motion to open for a public hearing please?
Faimakes moved, Joyce seconded to open the public hearing. The public hewing was
opened.
Mancino: This is open for a public hearing. Anyone wishing to address the Planning
Commission at this time, please come up and state your name and address. You're all not
here for this, okay, Seeing none, may I have a motion to close the public hearing.
Farmakes moved, Mehl seconded to close the public hewing. The public heaving was closed.
Mancino: The public hearing is closed. Comments from commissioners on the interim use
permit for temporary display. Don.
Mehl: I went out to the location on Friday, late morning, and I counted the boats out there.
There were 14. It appeared to be, I think there were 3 pontoon boats. There were 3 or 4
power boats that were quite large and the balance of them were smaller type boats. There
were I think 4 of them parked behind the building. There was one parked at the end of the
building in the drive area. They were parked in the short space right immediately in front of
the building, as well as the long space going north and south. And some of the large power
boats and the pontoons of course are long so they had to park them either parallel with the
curb, which was not, you know the parking spaces were going head on in parking but boats
had to be parked along the curb or angled in so they took more than one parking space. As
many as maybe 3 for the pontoons. I drove through there and I tried to look at the whole
center and to me that many boats in that area was just not aesthetically right :For the whole
area. It just didn't fit with the other shops and restaurants and the other types of businesses in
there. I think there could congestion problems perhaps in the drive through area. I know
there's no parking spaces on the end of the building but yet there was a boat there. So I
could see that as maybe being a problem. It's not permitted now, for storage or sales. It
seems like the applicant maybe I didn't understand but it almost sounded like a contradiction.
Wanted to make the produce more visible, you know by having them out there but yet the
applicant stressed they were tucked down and you really couldn't see them. I didn't quite
follow that. I guess I would be inclined to deny it unless we could say limit the number of
boats to say a maximum of three and place them either directly behind or directly in front and
not along that long north /south parking area.
Mancino: We certainly have the ability to limit the number and specify timing. You know
what months out of the year. And also where the locations will be. The designated location,
Mehl: Yeah, I would be supportive of that.
7
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Planning Commission Meeting - May 1, 1996
Mancino: Jeff.
Farmakes: This community's had regulated use for some businesses for a long time. I recall
the development that, when it was being built or up for planning. There was a large
neighborhood contingent of homes that came in in regards to a shopping center going there.
They were quite vocal in their opposition to that and I think one of the important things that
was worked out on that issue was that it was neighborhood service. And I don't think by any
stretch of the imagination could boats that I saw stored out there be ... neighborhood service.
And they also, the fact that perhaps that business should not be in that location. It's not that
the business shouldn't be in Chanhassen. It's just that maybe that's not the place for that
business. We deal with this all the time. We have car dealers that want to come in. Store
their equipment. We have other types of businesses. U -Haul I can think of for instance that
would like to park their units up front by the highway so that they have visible presence. We
have boat storage that ... like to have their boats storage out so people know that they store
boats there. We have areas where permitted uses for businesses are in our community.
They've been planned. And we have other areas where other uses are not allowed and it
seems to me in this particular area that it hasn't been allowed at any point, but there are boats
there. As I understand it, one of the applicants tenant's made the complaint so we have an
issue of not even the neighbors coming in and complaining but ... tenant in the operation. Your
point in the argument that was made by the applicant is that the boats aren't really
objectionable because you can't see them but the reason the tenant wants them out there is
because they need the visibility to stay in business. It doesn't hold up. I can see where, if I
was selling boats, I would like to have a 40 foot long sign out there of a boat. It's not a sign
but a boat sitting out in the middle in the parking lot certainly would suffice as that. I think
we open up a big can of worms as we allow that type of use in that location for other types
of businesses to display their wares. And be consistent is usually the best policy when we
follow these kinds of things and I would move for denial based on the staff report.
Mancino: Okay, thank you. Bob.
Skubic: Well I certainly hate, well I'm sure the applicant knows their business and they feel
like they need to display their boats and see all the boats in order to be competitive, and I
certainly respect that. And I hate, it'd be unfortunate if they had to leave the city and move
elsewhere in order to conduct their business. We certainly would like to have the businesses
and what they contribute to the city. However, I like to think of alternatives and ways we
can make this work and I think you talked about seasonal displays, limiting the number of
boats and the location but there's an additional burden to that. You have to police it and
enforce it and keep track of what's going on there and there's always a tendency to put more
boats in, or to deviate from that. And the city goes through a lot of effort to zone these
8
Planning Commission Meeting - May 1, 1996
areas. As Jeff pointed out, the residents are frequently input their feelings on this. I'd be
reluctant to approve an interim use for this site.
Mancino: Kevin.
Joyce: I basically agree with the other commissioners. I agree with Don. I feel that there's
some overkill out there with those boats and I'm real uncomfortable with all those boats being
out there and suddenly this is an issue a year after the fact. I appreciate the business and
economic issues to the applicant. I mean this is part of their business and they need to lease
that space but I'd have to say that I couldn't support it either unless there was some way of
working out a very, very specific methodology there of 1 or 2 boats and a certain time frame
but you know they've shown them now in the past that they just put boats oust there regardless
of any sort of enforcement so I guess I'd have to say I'd deny it at this point.
Mancino: Okay, Ladd.
Conrad: Yeah, I think staffs report is right on the money. Nothing new to add. When we
put in highway business, we worked real closely over many years with the neighborhood. It
was real clear what we intended to do and it was not to put in a boat dealership there. It
obviously doesn't work. It just doesn't work there.
Mancino: My comments are not any different than those that were just previously said. It is
a neighborhood business district. The intent is in keeping it to serve the neighborhood, and I
do go over and frequent the shopping center quite a bit and it just doesn't seem, I agree, to
belong in a neighborhood district. So may I have a motion please.
Conrad: Can I just make one comment? ...a neighborhood business is not really a boat sales.
It's clearly not intended to sell boats. It's not. Yet there are some ways to make a center site,
even on a neighborhood level and a boat event on a weekend could do that so I'll end my
discussion with that,
Mancino: Thank you. May I have a motion please.
Farmakes: I'll make a motion that the Planning Commission recommend denial of the interim
use permit based on the findings presented in the staff report dated April 17, 1996, 1 through
5.
Mancino: A second please.
Joyce: I'll second that.
9
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Planning Commission Meeting - May 1, 1996
Mancino: All those in favor, oh. Any discussion?
Fanmakes moved, Joyce seconded that the Planning Commission recommends denial of
Interim Use Permit 996 -1 based on the following findings:
1. Outdoor display of boats for sale is not a permitted use in the BN District.
2. A boat dealership is inconsistent with the intent of the BN zoning district.
3. Boat sales are not an appropriate interim use at this location based on the purpose and
intent of interim uses as stated in the zoning ordinance.
4. Outdoor display of boats for sale is inconsistent with other uses in the BN zoning
district.
5. The proposed use is aesthetically incompatible with adjoining land uses consisting of the
neighborhood oriented retail center and residential developments.
All voted in favor and the motion carried.
PUBLIC HEARING:
PRELIMINARY PLAT OF LOT 5, BLOCK 1, MAPLEWOOD INTO TWO SINGLE
FAMILY LOTS ON PROPERTY ZONED RSF, AND LOCATED AT 3531 MAPLEWOOD
CIRCLE, ARUNDEL ADDITION.
Public Present:
Name Address
Robert Crippa
Pam & Chuck Rienstra
Bill & Danielle Modell
Paul Modell
Bob Hebeisen
Leo & Carole Breitman
Gerry Wenkus
Gary Peterson
Bob Swearengin
3503 Maplewood Circle
3511 Maplewood Circle
3521 Maplewood Circle
3441 Shore Drive
3607 Ironwood Road
8549 Ironwood Road
3531 Maplewood Circle
315 East Lake Street, Wayzata
3530 Maplewood Circle
10
To: City of Chanhassen
Re: Conditional Use Permit e Westin Sports ,
7 & 41 Crossings Center, Chanhassen
As owners and property managers for the 7 & 41 Crossings Center, we are in support of
the application for outdoor recreational vehicle display. Our tenant, Westin Sports, ,
currently occupies 3,930 square feet of the Center and is located at the far east end. The
tenant feels, and we agree, that in order to remain in business it is important. for their
product to be visible to create and maintain customer awareness. The center sits down
low in relation to Highway 41 and is not highly visible. The parking area at this Center is
more than adequate and we feel the areas suggested on the site map would riot affect the
other tenants or their customers. In addition we do not believe that this outdoor display '
would in any way take away from the appearance of the Center or affect the residential
neighbors. We have submitted photos of the Center, and the proposed areas in the ,
parking lot for your review and consideration. Although we have suggested areas for
consideration, these are not of the utmost importance. We feel that if a specific area
could be designated and the amount of display be determined, we would work with the
tenant in abiding to the recommendations of your committee.
Thank you.
7 & 41 Crossings Center Limited Partnership
F�
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i
a CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT: aCA5k_c J �'1 l�L ��k� or . OWNER:
ADDRESS: �� O \ N ���,_lo� `7 ADDRESS:
I j
TELEPHONE (Daytime) W 1 ` k �'�, TELEPHONE:
1
Comprehensive Plan Amendment
Temporary Sales Permit
X 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 /Attorney Cost **
($50 CUP /SPR/VACNAR/WAP /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 folde '/Z
d copies of the plans must be submitted, including an 8' X 11" reduced copy of
transparency for each plan sheet.
** Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
�a c vLt Q
TOTAL ACREAGE o c C e S
WETLANDS PRESENT n 1 YES 1 NO
PRESENTZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION �ceQ
REASON FOR THIS REQUEST At CQMU�R
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 City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of 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 narne 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 Certificate 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.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extensions are approved by the applicant.
Signature
Sig
of Fee Owner
3 2� k t,
Date
n R
Date
Application Received on 9d Fee Pa y6o Receipt No. Ez-
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.
TATS HIGHWAY K NO.
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CITY OF CHANHASSEN
SEP 0 °11992
01.1110416 DEPARTMENT
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NOTICE OF PUBLIC
HEARING
PLANNING COMMISSION
MEETING
Wednesday, APRIL 17, 1996
at 7:00 p.m.
t City Hall Council Chambers
690 Coulter Drive
Project: Interim Use Permit
Developer: PDK Investments, Inc.
Location: Hwy. 7 and 41 -
7/41 Crossing Center
Field Park
Notice: You are invited to attend a public hearing about a development proposed in your
area. The applicant, PDK Investments, Inc., is requesting an interim use permit to allow the
temporary outdoor display of boats located on property zoned BN, Neighborhood Business District
and located at the southwest corner of the intersection of Hwy. 7 and 41, Seven -Forty One Crossing
Center.
What Hap at the Meeting: The p urpose of this public heari is to inform you about the
PP g P� p g Y
' developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an over view of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The Commission
will then make a recommendation to the City Council.
Q uestions or Comments If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact John at 937 -1900, ext. 117. If you choose to submit
written comments, it is helpful to have one copy to the department in advance of the meeting. Staff
will provide copies to the Commission.
' Notice of this public hearing has been published in the Chanhassen Villager on April 4, 1996.
IE
Seven Forty One Partnership
c/o R. Soskin
5591 Bristol Lane
Minnetonka, MN 55343 -4307
James & Jody Majeres
6450 Oriole Ave.
Excelsior, MN 55331
William & Delores Ziegler
6441 Oriole Ave.
Excelsior, MN 55331
Elsbeth D. Reutiman
5915 Galpin Lake Road
Excelsior, MN 55331
Richard & K. Schmidt
5136 Willow Lane
Minnetonka, MN 55331
Gary & Pennie Reed
2471 64th Street W.
Excelsior, MN 55331
Sheldon Rubenstein LTD
Suite 620
5500 Wayzata Blvd.
Minneapolis, MN 55416
Agnes Anderson
6470 Oriole Ave.
Excelsior, MN 55331
Joseph & Marcia Massee
6381 Hazeltine Blvd.
Excelsior, MN 55331
Mike & Diana Dudycha
6451 Oriole Ave.
Excelsior, MN 55331
William Swearengen
P. O. Box 756
Excelsior, MN 55331
Mark & Danielle Steele
2451 64th Street W.
Excelsior, MN 55331
Rick G. Bateson
6440 Oriole Ave.
Excelsior, MN 55331
Dale J. & Kelly L. Hance
6480 Oriole Ave.
Excelsior, MN 55331
George & Beulah Baer
6300 Chaska Road
Excelsior, MN 55331
Richard & Paulette Oftdahl
6461 Oriole Lane
Excelsior, MN 55331
Gary & Janet Reed
2461 64th Street W.
Excelsior, MN 55331
Shawn &, Joanne Killian
2449 64th Street W.
Excelsior, MN 55331
n
I
Thomas & Rebecca Dorr
2447 64th Street W.
Excelsior, MN 55331
Gregory & Michelle Curtis
2446 64th Street W.
Excelsior, MN 55331
Benjamin & H. Gowen
6440 Hazeltine Blvd.
Excelsior, MN 55331
Howard & Michelle Nelson
2445 64th Street W.
Excelsior, MN 55331
ROR, Inc.
2461 64th Street W.
Excelsior, MN 55331
D. C. Wakefield et al, Trustees
Scott J. Wakefield
24000 State Hwy. No. 7
Shorewood, MN 55331
Fred Britzius & Susan Stewart
2444 64th Street W.
Excelsior, MN 55331
Mark & iLorena Flannery
2350 Melody Hill Road
Excelsior, MN 55331
Elsbeth Reutiman
Richard Carlson
6140 Lake Linden Dr.
Shorewood, MN 55331
1
1
t -i'y of Shorewood
755 Country Club Rd.`
Shorewood, MN 55331 -8927
1
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23780 Partnership
23780 State Hwy. 7
Shorewood, MN 55331
Ryan Construction
23680 Hwy. 7
Shorewood, MN 55331
Gretta J. Reese et al
Frank Reese
6200 Chaska Road
Shorewood, MN 55331
Westin Sports & Marine
2401 Hwy. 7
Excelsior, MN 55331
Grooming Tammarie
2449 Hwy. 7
Excelsior, MN 55331
Video Update
2473 Hwy. 7
Excelsior, MN 55331
Wirtz Insurance Agency
2511 Hwy. 7
Excelsior, MN 55331
Everett J. Driskill
6105 Lake Linden Drive
Shorewood, MN 55331
a
Career Cleaners
2425 Hwy. 7
Excelsior, MN 55331
Villager Flower Shop
2455 Hwy. 7
Excelsior, MN 55331
Subway Sandwiches
2485 Hwy. 7
Excelsior, MN 55331
f
1
1
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Frank Janake
2661 Orchard Lane
Excelsior, MN 55331
Happy Garden Restaurant
2443 Hwy. 7
Excelsior, MN 55331
Fontainebleau Salon
2461 Hwy. 7
Excelsior, MN 55331
Fathertirne Childcare
2497 Hwy. 7
Excelsior, MN 55331
f
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1
1
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NOTICE OF PUBLIC
HEARING
PLANNING COMMISSION
MEETING
Wednesday, MAY 1, 1996
at 7:00 p.m.
City Hall Council Chambers
690 Coulter Drive
Project: Interim Use Permit
Developer: Westin Sports
PBK Investments, Inc.
Location: Hwy. 7 and 41 -
1 7/41 Crossing Center
LO o n
' Notice: You are invited to attend a public hearing about a development proposed in your
area. The applicant, Westin Sports/PBK Investments, Inc., is requesting an interim use permit to
allow the temporary outdoor display of boats located on property zoned BN, Neighborhood
Business District and located at the southwest corner of the intersection of Hwy. 7 and 41, Seven -
Forty One Crossing Center.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
I . Staff will give an over view of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The Commission
will then make a recommendation to the City Council.
Questions or Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact John at 937 -1900, ext. 117. If you choose to submit
written comments, it is helpful to have one copy to the department in advance of the meeting. Staff
will provide copies to the Commission.
I Notice of this public hearing has been published in the Chanhassen Villager on April 25, 1996.
Seven Forty One Partnership
c/o R. Soskin
5591 Bristol Lane
Minnetonka, MN 55343 -4307
James & Jody Majeres
6450 Oriole Ave.
Excelsior, MN 55331
William & Delores Ziegler
6441 Oriole Ave.
Excelsior, MN 55331
Elsbeth D. Reutiman
5915 Galpin Lake Road
Excelsior, MN 55331
Richard & K. Schmidt
5136 Willow Lane
Minnetonka, MN 55331
Gary & Pennie Reed
2471 64th Street W.
Excelsior, MN 55331
Thomas & Rebecca Dorr
2447 64th Street W.
Excelsior, MN 55331
Gregory & Michelle Curtis
2446 64th Street W.
Excelsior, MN 55331
Benjamin & H. Gowen
6440 Hazeltine Blvd.
Excelsior, MN 55331
City of Shorewood
5755 Country Club Rd.
Shorewood, MN 55331 -8927
Sheldon Rubenstein LTD
Suite 620
5500 Wayzata Blvd.
Minneapolis, MN 55416
Agnes Anderson
6470 Oriole Ave.
Excelsior, MN 55331
Joseph & Marcia Massee
6381 Hazeltine Blvd.
Excelsior, MN 55331
Mike & Diana Dudycha
6451 Oriole Ave.
Excelsior, MN 55331
William Swearengen
P. O. Box 756
Excelsior, MN 55331
Mark & Danielle Steele
2451 64th Street W.
Excelsior, MN 55331
Howard & Michelle Nelson
2445 64th Street W.
Excelsior, MN 55331
ROR, Inc.
2461 64th Street W.
Excelsior, MN 55331
D. C. Wakefield et al, Trustees
Scott J. Wakefield
24000 State Hwy. No. 7
Shorewood, MN 55331
23780 Partnership
23780 State Hwy. 7
Shorewood, MN 55331
Rick G. Bateson
6440 Oriole Ave.
Excelsior, MN 55331
Dale J. & Kelly L. Hance
6480 Oriole Ave.
Excelsior, MN 55331
George & Beulah Baer
6300 Chaska Road
Excelsior, MN 55331
Richard & Paulette Oftdahl
6461 Oriole Lane
Excelsior, MN 55331
Gary & Janet Reed
2461 64th Street W.
Excelsior, MN 55331
Shawn &. Joanne Killian
2449 64th Street W.
Excelsior, MN 55331
Fred Britzius & Susan Stewart
2444 64th Street W.
Excelsior, MN 55331
Mark & Lorena Flannery
2350 Melody Hill Road
Excelsior, MN 55331
Elsbeth Reutiman
Richard Carlson
6140 Lake Linden Dr.
Shorewood, MN 55331
American Nat'l Bank & Trust/
23680 Hwy. 7
Shorewood, MN 55331
1
Reese et al
Pass By Liquors
Frank Janake
t J.
r=Reese
2413 Hwy. 7
2661 Orchard Lane
6200 Chaska Road
Excelsior, MN 55331
Excelsior, MN 55331
1 xcelsior, MN 55331
Westin Sports & Marine
Career Cleaners
Happy Garden Restaurant
1 401 Hwy. 7
2425 Hwy. 7
2443 Hwy. 7
xcelsior, MN 55331
Excelsior, MN 55331
Excelsior, MN 55331
' Fontainebleau Salon
2461 Hwy. 7
Excelsior, MN 55331
l ideo Update Subway Sandwiches Fathertime Childcare
2473 Hwy. 7 2485 Hwy. 7 2497 Hwy. 7
1 xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
t 5 irtz Insurance Agency
11 Hwy. 7
Excelsior, MN 55331
1