3b. Conditional Use Permit for a Storage Building at 1680 Arboretum Blvd. Michael Gora1 CITY OF
PC DATE. 5/17/95 --
\ \� CC DATE: 6/12/95
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CASE #: CUP 95 -1
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1 STAFF REPORT
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1 a. Chanhassen, MN 55317 gate Submitted to Gou;N1
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1 PRESENT ZONING: RR, Rural Residential
1 ACREAGE: 140 acres
DENSITY: N/A
1 ADJACENT ZONING
AND LAND USE: N- RR, Agricultural & Lake Ann
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S- RR, Agricultural
Q E- RR, Agricultural & Applicant's Home
W- RR, Agricultural
1 WATER AND SEWER: The site is within the MUSA line
1 w PHYSICAL CHARACTER.: The site is currently used for agricultural purposes, including
tilled agricultural fields and a wholesale nursery. The site also
1 (n contains a single family home.
2000 LAND USE PLAN: Low Density Residential
1
Gorra Conditional Use Permit
May 17, 1995
Page 2
PROPOSAL /SUMMARY
The applicant is proposing to construct a 48' x 60' foot storage building and stable. The
building would be located approximately 1,350 feet from Arboretum Blvd. and over one
thousand (1,000) feet from the nearest property line. Stables are a conditional use in the RR,
Rural Residential District.
Staff is recommending approval of the conditional use permit with five (5) conditions. The
applicant has demonstrated that the proposed use meets all the requirements of the general
zoning ordinance. The attached conditions should help ensure that the proposed use does not
negatively impact surrounding properties, the wetland, lake or stream.
' APPLICABLE REGULATIONS
1. Section 20 -594 allows private stables as a conditional use in the RR District.
2. Section 20 -232 provides general issuance standards which apply to all conditional
' uses.
3. Section 20 -260 provides standards for stables located in agricultural or residential
' zoned district.
The following applies to private stables:
' 1. Stables shall comply with Chapter 5, Article III
2. Stables must be located a minimum of two hundred (200) feet from wetland
areas.
' ANALYSIS
The proposed site is in close proximity to a large wetland, Lake Ann, and the creek leading
' from Lake Ann to Lake Susan. These natural features are a significant part of the City's
water resources and should be protected to the extent possible from agricultural or urban
development impacts. Since there will be horses pasturing in the area, staff recommends that
' a buffer strip be incorporated into the permit. Staff recommends that the buffer strip be the
area between the sanitary sewer line and the creek or lake. This provides an approximately
100 foot buffer that can be easily identified. The buffer should be left undisturbed to the
extent possible after the stable is constructed. If vegetation is allowed to grow up in this area
and the horses are kept out of the area, it will hopefully serve as some form of a filter system
since the runoff from the area will have an increase in nutrient loading due to animal waste.
Gorra Conditional Use Permit
May 17, 1995
Page 3
Grazing in the area will also increase the runoff to the water resources. The applicant should
take care to prevent erosion in order to reduce concentrated flows to the lake and the creek.
The corral or pasturing area is currently proposed to be located over a portion of the Lake
Ann Interceptor. The Metropolitan Council does not object to the project provided that the
applicant enter into an agreement with the Met Council, and that the stable fence does not
interfere with access to the interceptor. Staff is recommending that the fence be moved to the
southeast so that it is not located over the interceptor. This will also allow for a buffer strip
to be established between the interceptor and the stream or lake.
The proposed stable will be located approximately 1,350 feet from Arboretum Boulevard and
over 1,000 feet from the nearest property line. The natural topography and vegetation will
help screen the building from the roadway and surrounding properties. The location of the
stable will not be impacted by the future Highway 5 frontage road, nor should the building be
visible from the frontage road because of the natural features. In addition, the applicant has
indicated that the stable will match the design of the home.
FINDINGS
When approving a conditional use permit, the City must determine the capability of a
proposed development with existing and proposed uses. The general issuance standards of the
conditional use Section 20 -232, include the following 12 items:
Will not be detrimental to or endanger the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city.
Finding: The proposed stable will be located on a 140 acre parcel and will not be
visible from any surrounding neighborhood. Separation from the creek
is a condition of the proposal. A stable permit is also required. The
stable will not be detrimental to the public health, safety, or general
welfare if the appropriate conditions are attached to the permit.
2. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
Finding: The proposed use will be consistent with the objectives of the
comprehensive plan and all provisions of the zoning ordinance. The
applicant has indicated that the building is temporary and easily
movable.
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Gorra Conditional Use Permit
May 17, 1995
Page 4
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 140 acre parcel is currently used for agricultural purposes.
Therefore, a horse stable is compatible with the existing or intended
character of the general vicinity and will not change the essential
character of the area.
The applicant has indicated that the building will match the design of
the house.
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Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The proposed site is over 1,000 feet from any existing or planned
neighboring uses. In addition, the majority of the building will be
screened from view by the existing vegetation and topography of the
site. Therefore, the use will not be hazardous or disturbing to existing
or planned neighboring uses.
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 site is served adequately by essential 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 requirements for public facilities and
services and will not 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.
Gorra Conditional Use Permit
May 17, 1995
Page 5 '
Finding: The proposed use will not be detrimental to any persons, property or the
general welfare if the appropriate conditions are attached to the permit. '
A stable permit requires annual inspections.
8. Will have vehicular approaches to the property which do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
Finding: The proposed use will not drastically increase traffic on surrounding I
public thoroughfares.
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 if
the appropriate conditions are attached to the permit.
10. Will be aesthetically compatible with the area.
Finding: The stable will be aesthetically compatible with the surrounding
agricultural area.
11. Will not depreciate surrounding property values.
Finding: The proposed use will not depreciate the surrounding property values
12. Will meet standards rescribed for certain uses as provided in this article.
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Finding: The applicant's proposal will meet all standards prescribed for this use.
Planning Commission Update '
On May 17, 1995 the Planning Commission held a public hearing to review the Conditional '
Use Permit request (CUP 95 -1) for a storage building and stable at 1680 Arboretum Blvd.
The Commission unanimously recommended approval for a 48' x 60' foot storage building
and stable with the five (5) conditions listed in the staff report.
Mr. Gorra did not object to the recommended conditions. However, he did indicate that he
may wish to increase the building from 36' x 48' to 48 x 60 feet. The increase in the building
size is needed for extra storage and room for the horses. The Planning Commission
recommended approval with the larger building.
Gorra Conditional Use Permit
May 17, 1995
' Page 6
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves of Conditional Use Permit 95 -1 based on the findings
presented in the staff report and with the following conditions:
1. A natural buffer strip shall be maintained between the interceptor and the
wetland, lake, and stream (approximately 100 feet). Horses shall not be kept or
allowed to graze in this area.
2. A stable p ermit is required by the City and must be renewed annually. The
property owner shall contact the Stable Inspector for an application form.
3. Erosion control shall be maintained throughout the construction period and
until new vegetation is established.
4. The site plan shall be revised to show the fence outside of the required buffer
'
area and outside of the interceptor easement.
5. If required by the Metropolitan Council, the property owner shall enter into an
agreement with the Council to protect the sanitary sewer facilities."
ATTACHMENTS
1.
Planning Commission minutes dated May 17, 1995
1
Letter from applicant dated April 12, 1995
3.
Letter from Metropolitan Council dated May 5, 1995
4.
Memorandum from Carol Dunsmore, Stable Inspector dated May 9, 1995
5.
Memorandum from Steve Kirchman, Building Official dated May 8, 1995
6.
Memorandum from Diane Desotelle, Water Resources Coordinator dated May 9, 1995
7.
Public Hearing Notice
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Site plan dated April 17, 1995
Planning Commission Meeting - May 17, 1995
CONDITIONAL USE PERMrr REQUEST FOR A 48'X 36' STORAGE BUILDING AND
STABLE LOCATED ON PROPERTY ZONED, RR, RURAL RESIDENTIAL AND
LOCATED AT 1680 ARBORETUM BOULEVARD, MICHAEL GORRA.
John Rask presented the staff report on this item.
Mancino: Any questions:
Farmakes: Does expanding agricultural use pose any problems for the long term plan?
Comprehensive plan for the use of this property, which I believe is.
Aanenson: We looked at that issue and we believe based on the fact that it's really kind of
transient in nature. It's not, the structure is such that it's not such a large investment that it
has such a life to span that. We believe that based on what he has told us he intends to do,
use the property for in the future, it probably would even be compatible. And that again, we
understand is to be something like a golf course.
Farmakes: I see.
Mancino: Any other questions? Thank you. Does the applicant wish to address the Planning
Commission?
Mike Gorra: My name is Mike Gorra. I live at 1680 Arboretum. I think the staff pretty well
covered it. It's pretty simple, straight forward pole building. No foundation. It could be
easily moved ... so I can use it for whatever I want to. I need it for a lot of equipment that I
have for my business and for my personal use and I also need it for to house some race
horses I've got. Part of the condition, 100 feet from the lake sounds like a reasonable idea.
Good idea. If we're going to do that up, I didn't think it was ... too specific because we hadn't
designed the building yet. I didn't know how close I had to be but 100 feet from the lake
sounds okay. As far as the easements with the Met Council, I have an agreement with them.
I still own the land. They have an easement for the purpose of maintaining their interceptor
and at the time we made the agreement, we discussed having things like this and I can do
whatever I want with this property as long as I don't interfere with their periodic maintenance
...so that's how I'm covering my bases with them. I don't even know if this fence, because I
haven't measured the area. I don't know if the fence is, or if the interceptor falls within the
100 feet or not but if it does...
Mancino: What kind of fence are you putting in?
Mike Gorra: It's going to be a three rail, wooden. Typical fence that you see for a corral
19
I Planning Commission Meeting - May 17, 1995
Mancino: The only reason I'm asking is because, on my property we had some horses that
' got away and I'm concerned with your horses on Highway 5 and we have a 3 foot rail fence
too on Galpin and it was a little scary at times.
Mike Gorra: Well this fence will be plenty sturdy to keep them in. There is one change.
Talking to Bob, the planner, I did mention to him that I want to look, in the process of
designing the building and came up with something that might be a little larger than the 36 x
48 and he said that they could only allow a 10% increase. So what I did notify the design
department that I would like a 48 x 60 foot so...
Mancino: Mike, do you have a rendering of the building because you say that you indicate
that the building will match the design of the house.
Mike Gorra: Yes. The house is kind of an English Tudor with brick, stucco and rough cedar
or rough ... for the design. The building won't be brick but it will be simulated stucco with a
rough cedar running through it to match the house. It's not going to be a cheap metal type
' building that you might associate with a pole barn but it will be a good looking...
' Mancino: Any other questions for Mike?
Skubic: Yes. I didn't follow what you had to say about expanding the size from 48 to 36 to
t 36 x 60 feet.
Mike Gorra: Well, when I applied for the conditional use permit, I hadn't given much
thought to the size of the storage and in the last month I've kind of tried to figure out what I
had to store and what the horses would take up and I think a 48 x 60 would be a better size
to apply for so if I do need more than the 36 x 48, I won't have to go through the process
' again. Even though I might build a smaller one, it wouldn't require me to come back up here.
So I would like to apply for the 48 x 60 foot.
' Mancino: Staff, do you have any concerns about that?
Aanenson: No, that's fine.
' Mancino: Okay, thank you. Any other questions?
I Mike Gorra: Thank you.
Mancino: Can we have a motion to open the public hearing?
20
Planning Commission Meeting - May 17, 1995
Farmakes moved, Meyer seconded to open the public healing. All voted in favor and the
motion carried. The public hearing was opened.
Mancino: This is open for a public hearing. Does anyone wish to come up and address the
Planning Commission? Seeing none, may I have a motion to close the public hearing?
Farmakes moved, Skubic seconded to close the public hearing. All voted in favor and the
motion carried. The public healing was closed.
Mancino: Comments from the Planning Commission. Jeff.
Farmakes: I have no comments on this particular piece. It seems appropriate...
Mancino: Okay, Mike.
Meyer: No comment.
Mancino: Bob.
Skubic: No comment.
Mancino: I have none either so may I have a motion please.
Farmakes: I'll make a motion the Planning Commission approve conditional use permit #95 -1
on the findings present in the staff report on the following conditions, 1 through 5.
Mancino: May I have a second?
Farmakes: Should I date that on the Planning Commission report dated 5- 17 -95.
Mancino: Thank you.
Meyer: Second.
Mancino: Thank you. Any discussion?
21
Planning Commission Meeting - May 17, 1995
1
Faimakes moved, Meyer seconded that the Planning Commission recommend approval of
' Conditional Use permit 995 -1 based on the findings presented in the staff report and with the
following conditions:
' 1. A natural buffer strip shall be maintained between the interceptor and the wetland, lake,
and stream (approximately 100 feet). Horses shall not be kept or allowed to graze in
this area.
' 2. A stable permit is required by the City and must be renewed annually. The property
owner shall contact the Stable Inspector for an application form.
' 3. Erosion control shall be maintained throughout the construction period and until new
vegetation is established.
4. The site plan shall be revised to show the fence outside of the required buffer area and
' outside of the interceptor easement.
5. If required by the Metropolitan Council, the property owner shall enter into an
' agreement with the Council to protect the sanitary sewer facilities.
All voted in favor and the motion carried.
PUBLIC HEARING:
' PBK INVESTMENTS, INC. REQUEST FOR A VARIANCE TO LOCATE A 23.5 SQ. FT.
MONUMENT SIGN AT THE HIGHWAY 7 ENTRANCE TO THE 7 AND 41 CROSSING
CENTER ON PROPERTY ZONED BN, NEIGHBORHOOD BUSINESS AND LOCATED
' AT THE SOUTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 7 AND 41.
John Rask presented the staff report on this item.
' Mancino: Any questions for staff? Seeing none, would the applicant or their designee wish
to address the Planning Commission?
Brian Pillowski: I'm Brian Pillowski. I'm the owner of 7 and 41 Crossing. I think there's
some confusion in sort of how I see the background on the center. The center, on the front or
' the application where it says 7 and 41 Partnership. PBK Investments owns the real estate.
Mr. Sass from 7 and 41 Partnership lost the title to the property Park National Bank and I
purchased it from Park National Bank in December of '93. And the sign that was placed on
the property in '93 was not by 7 and 41 Partnership but by Park National Bank. One of the
1 22
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Metropolitan Council
Working for the Region, Planning for the Future
Wastewater Services
May 5, 1995
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Mr. John Rask, Planner I '%
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City of Chanhassen " ` � ('q
690 Coulter Drive
P.O. BOX 147 l
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Chanhassen, MN 55317
RE: 95 -1
Conditional Use Permit Request
1680 Arboretum Boulevard, Michael Gorra
Dear Mr. Rask:
Thank you for informing the Metropolitan Council of the above
referenced subject.
The Metropolitan Council owns and operates a sanitary sewer
interceptor on the above referenced property as evidenced by
easement document number 110046. The Metropolitan Council will not
object to the proposed plan with the following conditions:
1) The property owner enter into an agreement with the Metropolitan
Council to protect the sanitary sewer facilities; and
2 ) It appears there is a sanitary sewer access structure within the
stable area. The Metropolitan Council will require that access to
its sanitary sewer facilities not be interfered with. Therefore,
the stable fence should be constructed to not interfere with that
access.
If you have any questions, please call Carol Johnson at 229 -2147
Sincerely,
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William G. Moore
Manager, Wastewater Services
CC: C.
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Johnson
W.
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Moeller
T.
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Keegan
J.
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Matross
WGM:CLJ:
230 East Fifth Street. St. Paul, Minnesota 55101 -1634 (612) 222 -8423 Fax 229 -2183 TDD /TTY 229 -3760
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: John Rask, Planner II
FROM: Carol Dunsmore, Stable Inspector 0 %
DATE: May 9, 1995
SUBJ: 95 -1 CUP (Michael Gorra)
Upon review of the conditional use permit request for a storage building and stable located on
Michael Gorra's property at 1680 Arboretum Blvd., I offer the following requirement for
conditions of approval:
A stable permit is required by the City and must be renewed annually. The property owner shall
contact the Stable Inspector for an application form.
MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: John Rask, Planner II
FROM: Steve A. Kirchman, Building Official�r
DATE: May 8, 1995
SUBJECT: 95 -1 CUP (Michael Gorra)
I was asked to review the permit request proposal stamped "CITY o f CHANHASSEN
RECEIVED APR 17 1995 CHANHASSEN PLANNING DEPT. " for the above referenced
project.
I have no comments or recommendations concerning this application at this time.
g: \safety \sak\memosV1 an\gorra._jr I
MEMORANDUM
' TO: John Rask, Planner
FROM: Diane Desotelle, Water Resources Coordinator
' DATE: May 9, 1995
' SUBJ: Conditional Use Permit request for a storage building and stable located at
1680 Arboretum Blvd. Michael Gorra 95 -1 CUP
Upon review of the conditional use permit request for a storage building and stable located on
Michael Gorra's property at 1680 Arboretum Blvd. I offer the following recommendations for
conditions of approval.
' Lake Ann, the creek leading from Lake Ann to Lake Susan and wetlands bordering Lake Ann
are a significant part of the City's water resources and should be protected to the extent
' possible from agricultural or urban development impacts. The area is designated as a natural
area, and therefore, should be protected with a buffer strip. Since there will be horses
pasturing in the area, staff recommends that a buffer strip be incorporated into the permit.
' Staff recommends that the buffer strip be the area between the sanitary sewer line and the
creek or lake. This provides an area that can be easily identified that should be left
undisturbed to the extent possible after the stable is constructed. If vegetation is allowed to
' grow up in this area and the horses are kept out of the area, it will hopefully serve as some
form of a filter system since the runoff from the area will have an increase in nutrient loading
' due to animal waste. Grazing in the area will also increase the runoff to the water resource.
The applicant should take care to prevent erosion and rilling in order to reduce concentrated
flows to the lake and the creek.
' g:\eng\diane\,planning\gorra.cup
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NOTICE OF PUBLIC
HEARING
PLANNING COMMISSION
MEETING
Wednesday, MAY 17, 1995
at 7 :00 p.m.
City Hall Council Chambers
690 Coulter Drive
Project: Conditional Use Permit for
Storage Building and Stable
Developer: Michael Gorra
Location: 1680 Arboretum Blvd
Notice: You are invited to attend a public hearing about a development proposed in your
area. The applicant is proposing a Conditional Use Permit for a 48' x 36' storage building and
stable located on property zoned RR, Rural Residential and located at 1680 Arboretum Blvd,
Michael Gorra.
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:
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.
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.
Notice of this public hearing has been published in the Chanhassen Villager on May 4, 1995.
c ifs
Dave Luce
115236 Boulder Point Rd.
■Eden Prairie, MN 55347
k wy. 5 Partnershi P
t /o D. Dirlam
5241 Creekside Court
Eden Prairie, MN 55344
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Leander Kerber
1620 Arboretum Blvd.
Chanhassen, MN 55317
Paisley Park
7801 Audubon Road
Chanhassen, MN 55317
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PLAIN.MW DEPT.
CARLISLE MADSON
COUNTY SURVEYOR
CARVER COUNTY, MINN.
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