1c. CUP Amendment, 1161 Bluff Creek Dr. y s
4 CITY OF ��
PC DATE: June 19, 19
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CUA11ASE CC DATE: July 8, 1991
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,; CASE #
By: Olsen/v
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1 STAFF REPORT
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- • PROPOSAL: • Amendment to a Conditional Use Permit to Allow Expansion
II imm. of a Bed and Breakfast Establishment
•
Action by City Adrninr._
is' •'•r
Z Endoisel 171)WO.
I LOCATION: 1161 Bluff Creek Drive "'�`
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APPLICANT: Anne Karels �`�:e_ ` `
1161 Bluff Creek Drive a, _
Chaska, MN 55318 �' '' `°'_v
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IPRESENT ZONING: A2, Agricultural Estate
ACREAGE: .91 acres
IIDENSITY: •
ADJACENT ZONING AND
1 LAND USE: N - A2; agricultural
S - A2; agricultural
E - A2; agricultural and single family
W - A2; agricultural -
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'... WATER AND SEWER: Not available.
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• Q PHYSICAL CHARACTER. : The site contains no severe topographical
W changes.
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2000 LAND USE PLAN: Agricultural ,
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Karels Conditional Use Permit Amendment
June 19, 1991
Page 2
BACKGROUND 1
On February 25, 1985, the City Council approved a conditional use
permit request for a bed and breakfast establishment on property
zoned R1A located at 1161 Bluff Creek Drive (Attachment #1) . As
part of the request for the conditional use permit for the bed and
breakfast establishment, the zoning ordinance was amended to allow
bed and breakfast establishments in the Agricultural Residence
District. The definition of a bed and breakfast establishment
adopted by the City Code is as follows: I
"An owner occupied principal dwelling in which five (5) or
less rooms are rented on a nightly basis for a period of less
than seven (7) days. Meals may or may not be provided to
residents and over night guests. "
In addition to the definition, the City Code was amended to provide
specific conditions for a bed and breakfast establishment and they
are as follows:
1. Two (2) off-street parking spaces plus one additional
space per rental room must be provided.
2 . There shall be no more than one (1) employee in addition I
to the residents.
3. Establishment must be owner occupied. '
4. There shall be five or less rooms for rent.
5. A room shall not be rented for more than seven
consecutive days to the same person.
In February of 1990, the City further amended the City Code to
change bed and breakfast establishments as a conditional use to an
interim use in the Al and A2 Districts.
PROPOSAL '
The owner of the Bluff Creek Bed and Breakfast, Anne Karels, is
requesting permission to add a fifth bedroom for rent over the
carriage house/garage. Ms. Karels was in the process of having a -
new septic site and plumbing installed in the garage when the
Building Department placed a stop work order on the site until the
applicant could receive a permit from the city for the proposed
expansion. Planning staff explainers to the applicant that the
original conditional use permit was only for up to five bedrooms in
the "principal owner occupied dwelling" and that the proposed unit
over the carriage house/garage would not be permitted without an
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1
Karels Conditional Use Permit Amendment
June 19, 1991
Page 3
famendment to the conditional use permit and an amendment to the .
zoning ordinance for the definition of a bed and breakfast. The
' amendment to the conditional use permit is required to allow the
fifth rental unit to be located over the carriage house/garage.
(Since it is an existing conditional use permit, staff chose to
amend the existing conditional use permit rather than process a new
interim use permit. Any new requests for a bed and breakfast
establishment will be processed as an interim use permit. ) A
zoning ordinance amendment to the bed and breakfast definition is
1 required to remove the requirement of owner occupied "principal
• dwelling" and replace it with owner occupied "establishment".
' The carriage house/garage that the applicant is proposing to alter,
by adding a bedroom suite, was constructed in 1986. The carriage
house/garage is made of barn siding to match the character of the
site. Currently, there are only four rooms being rented within the
Chaska brick house which is also where the owner resides. The site
is well removed from any surrounding uses and has been a well run
- establishment. Staff is comfortable with what is being proposed by
the applicant. Circumstances of this site are such that the intent
of the ordinance is still being met. Four of the five bed and
breakfast units are in the owner occupied principal dwelling. The
applicant wishes to expand to five units and to provide a deluxe
unit used for special occasions such as honeymoons, anniversaries,
etc. It was not possible to provide such an expansion within the
existing structure without significantly changing the structure and
' character of the Chaska brick house. Staff would prefer to see
internal changes to an existing accessory structure than external
changes to the Chaska brick home. The site contains more than
adequate parking for expansion to five rental units.
Staff worked with the applicant on the different ways to permit
what they are proposing. The various options included connecting
the garage to the principal structure so that it would be
considered a principal structure, applying for a variance to the
definition of a bed and breakfast establishment and finally
' amending the conditional use permit and definition of bed and
breakfast. The first option was not pursued since it was not
possible to connect the garage with the principal structure without
it visually changing the whole character of the site and
obstructing the driveway and parking area. The second option would
be difficult since the applicant would have to prove hardship in
order for the variance to be granted. The third option appeared to
be the best way to process this application. A bed and breakfast
establishment is only allowed as an interim use permit in the Al
and A2 Districts. If any new bed and breakfast proposals were to
come to the city, they would be limited to those two zoning
districts. The city can then place any appropriate conditions
against the permit that they feel necessary. The amendment to the
conditional use permit will allow the fifth rental unit to be
I/
Karels Conditional Use Permit Amendment
June 19, 1991
Page 4
still owner occupied and will not be exceeding the five rental unit
limit set by the ordinance.
The amendment to the definition of bed and breakfast establishments
was not published in time for it to be reviewed along with the
conditional use permit amendment, but is being processed for the
next meeting. Rather than make the applicant wait for the
additional month to process the zoning ordinance amendment, staff
is recommending that an amendment to the conditional use permit be
approved and processed with the condition that an amendment to the
definition of bed and breakfast establishments is adopted by the
city. Staff will be recommending that the definition of bed and
breakfast establishments be amended by replacing "principal
dwelling" with "establishment". The specific conditions of bed and
breakfast establishments set by the City Code will still require
the establishment to be owner occupied and limits the rooms for
rent to five. ThP proposed changes to the Bluff Creek Bed and
Breakfast will continue to meet these conditions.
PLANNING COMMISSION ACTION
The Planning Commission unanimously recommended approval of the
request with the rewording of condition #1 as follows:
1. This approval is contingent on the City processing and 11
approving (Thc city shall process and approve) a zoning
ordinance amendment changing the definition of a bed and
breakfast establishment from an owner occupied principal
dwelling to an owner occupied establishment. This condition
shall not bind the City to approving such amendment.
RECOMMENDATION II
Staff recommends the City Council adopt the following motion: '
"The City Council approves an amendment to Conditional Use Permit
#85-4 allowing a fifth rental unit for the Bluff Creek Bed and
Breakfast establishment to be located over the carriage
house/garage with the following conditions:
1. This approval is contingent on the City processing and
approving a zoning ordinance amendment changing the definition
of a bed and breakfast establishment from an owner occupied
principal dwelling to an owner occupied establishment. This
condition shall not bind the City to approving such amendment.
2. The bed and breakfast establishment shall not contain more
than five rental units.
1
Karels Conditional Use Permit Amendment
June 19, 1991
Page 5
3 . The structure shall meet all- Uniform Building and Fire Code
requirements.
4 . The structure shall meet all requirements of the Minnesota
Department of Health.
' 5. Two off street parking spaces plus one additional space per
rental room must be provided.
6. There should be no more than one employee in addition to the
residents.
7 . The bed and breakfast establishment must be owner occupied.
8. A unit/room shall not be rented for more than 7 consecutive
days to the same person. "
ATTACHMENTS
1. The original conditional use permit and original site plan.
2 . Letter from the applicant.
3 . Photographs of the site.
' 4 . Site plan.
5. Application.
6. Planning Commission minutes dated June 19, 1991.
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CERTIFICATION
STATE OF MINNESOTA ) 1
ss
COUNTY OF CARVER )
I , Karen J. Engelhardt, duly appointed, qualified and acting 1
Deputy Clerk for the City of Chanhassen, Minnesota , do hereby
certify that I have compared the foregoing copy of Conditional 1
Use Permit allowing a Bed and Breakfast establishment at 1161
Bluff Creek Drive • 1
with the 1
e original copy, now on file in my office, and have found
the same to be a true and correct copy thereof and as approved by the 1
City Council.
Witness my hand and official seal at Chanhassen, Minnesota,
this 18th day of March , 19 85 . 1
1
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DOCUMENT N0. � � C -7-
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���C�G\ 'J
OFFICE OF COUNTY RECORDER l a -n J. •n•,elhard , Deputy Clerk
STATE OF MINNESOTA
COUNTY OF CARVER t ,.. 1
f3 t
This is to certify that this document 4
•was filed in this office on the E day ��: 1
of M r 'N 19"5 A.D.at c 5 o'clock • '"'_
A M. and was duly recorded on roll
of microfilm page'l34-'13q
REci_ r-GD
Carl W. Hanson Jr. ,o
County RecorOer `
by: ( r.J �1
CITY OF PRi01 1985g
CHANHASSE
II '
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' CONDITIONAL USE PERMIT •
1 . Permit. Subject to the terms and conditions set
1 forth herein, the City of Chanhassen hereby grants a conditional
use permit for : A Bed and Breakfast establishment.
1
2. Property. The permit is for the following described
' property in the City of Chanhassen, Carver County, Minnesota:
1161 Bluff Creek Drive - See attached legal description marked
' Exhibit "A" .
3 . Conditions . The permit is issued subject to the
1 following conditions :
1 . The structure meets all Uniform Building and Fire Code
requirements .
2. The structure meets all requirements of the Minnesota Department
of Health.
3 . Two (2 ) offstreet parking spaces plus one (1) additional
' space per rental room must be provided.
4. One non-illuminated sign may be erected on the property, not
to exceed six (6) square feet in size.
5 . There shall be no more than one employee in addition to the
residents.
6. The bed and breakfast establishment must reflect the approved site
plan (Attachment # 4 of Planning Report dated February 13, 1985 ;
Planning Case # 85-4 Conditional Use Permit) .
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5 . Criminal Penalty. Violation of the terms of this I
conditional use permit is a criminal misdemeanor.
Dated: 177(..(k-'ii✓ x`71, PISS—
CITY CITY OF CHANHASSEN '
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By'It}s a.or , ! '
By: ,
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Its Clerk
STATE OF MINNESOTA)
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COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
/`/ day of Iii th-c,i%J , 19ST, by Thomas L. Hamilton,
Mayor, and Don Ashworth, City Manager of the City of ,Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation.
Noyary P • is I
KAREN J. ENGELHARDT
Air Ni)TAAY PUBLIC•MINNESOTA
‘r. CARVER COUNTY
My Commission Espire,Oct.11 letai
733
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EXHIBIT "A" Or. 9207.4 1 Harold Hesse
Tod Alcott 126-744,
F. C. JACKSON
LAND SURVEYOR
REGISTERED UNDER LAWS OF STATE OF MINNESOTA
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LICENSED ■Y ORDINANCE OF CITY OF MINNEArOLI•
3616 EAST 55TH STREET 55417 727-34$4
Iaurbtpor'g QCtrtifitatt
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IBuilding location Oct. 21st. 1981 • "! fi fa---7:.7 .;
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of that part of house lying N
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within Bluff Creek Drive.
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��w I A I I ThatPpart CERTof Tthe THNorth 11/2 of
R AND
Township 116,Runge 23,Carver County,
Minnesota,described as follows:Commencing at the Northwest corner of said Nortl
1/2 ;thence 5.88-19' 50"E. ,assumed bearing,along the north line of said North 1/1
ldistance of 1049.12 feet to its intersection with the center line of Town Road
thence S.48.32'E.along said center line 242.83 feet;thence 5.33244'E.along laic
center line 1150.0 feet ;thence S.38=39'E.along said centerline 710.75 feet;thei
II S.25233'E.along said center line 507.30 feet ;thence 5.68=18'E.along said cent(
• line 509.0 feet;thence S.58=19'30"2.along said center line 94.0 feet to the
actual point of beginning ;thence continuing S.58=19'30"E.along said center lint
il181.0 feet ;thence S.12=40'30"W. a distance of 254.5 feet;thence N.58=19'30"W. t
distance of of 181.0 feet ;thence N.12=40'30"E. a distance of 254.5 feet to the
point of beginning.Containing 1.0 acres. Sdbject to an easement for Town Road
over the northeasterly 33 feet thereof.
As SURVEYED ■Y ME THIS 8th DAY Of�LIE* A.O. 1968
IRevised this 20th dky of March A.D. 1973
Revised this 23rd. day of October A.D.1984 SIGNED_ r . /2 '+/ .----
-�- / r. c. J CKSON. MINNESOT, EGISTRATION. No. 3600
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Attachment B
The Bluff Creek Inn has been a licensed Bed and Breakfast for six years. The
Inn is a historic site in Carver County dating back to 1860. It has been
' renovated and was voted by the Chicago Tribune as one of the 10 best B&B's in
the midwest.
The C.U.P. allows five guest rooms. The significant property tax increase has
' jeopardized the Inn's economic future. Competition from other tourist areas,
i.e. , St. Croix River, St. Paul etc. , requires that we keep pace with our service
in order to be competitive. Six years ago, when the Inn opened, there were ten
B&B's in the state of Minnesota. Today there are approximately one hundred B&B's.
We have served thousards of guests who have patronized the Chanhassen Dinner
Theatre, arboretum, and many other businesses in the community. We believe we
have served the area with friendly, professional service.
On our property there are two structures, the main house, and seventy feet away a
small carriage house/garage. The Carriage House was mostly completed with plumbing
to it at the time the C.U.P. was issued. All we wish to do is install bath
facilities and a deck, and a garage under the deck. We very much need the extra
room. There is plenty of off-street parking. There are no homes in the area.
On Wednesday, May 29, 1991 permits to: Olson Excavating and Duwalter Plumbing
had been issued. They began the project on Wed. Morning. On Wed. afternoon the
' city Inspector closed the project because the new fifth room was not allowed
unless it was in or attached to the main house. Much of the plumbing work had
' been completed. The new septic system had been installed. The yard is all torn
up. This shut-down was an alarming shock. No where in the copy of the Conditional
Use Permit does it make reference that all guest rooms have to be in the main
' residence.
I began the project in good faith and know that we have brought a needed service to
our area. We truly need the extra room. Please come by to see our facility and
the intended project. I know you would find it a delightful place. The coffee is
' always on.
Sincerely,
6/29421..
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CITY OF CHANHASSF
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LEN- CRAFT
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I4855 Lanark Road • Mound, Minnesota 55364 • 612-472-7609 • .
Residential and Commerical remodeling/Design and fine craftsmanship
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Leonard S. Murphy
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I CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSE.N, MN 55317
I - (612) 937-1900
DEVELOPMENT REVIEW APPLICATION
I --.7/. APPLICANT:Sit %' C12 - ti cix. ' -'OWNER: rl", (� L ea,tAi.,.__�
I ADDRESS: //G• � ,-� e1-4-j- �.� ADDRESS: ����'''tiE-1
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ITELEPHONE (Day time) 41/-- ---..A 73 TELEPHONE: rV-5 —`2 73 -5
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1. Comprehensive Plan Amendment 11. Subdivision
2. . Conditional Use Permit 12. Vacation of ROW/Easements
3 Grading/Excavation Permit 13. Variance
I4 ' Interim Use Permit 14. Wetland Alteration Permit
5 Notification Signs 15. Zoning Appeal
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6. Planned Unit Development 16. Zoning Ordinance Amendment
I7. Rezoning 17. Filing Fees/Attorney Cost
I8. Sign Permits 18. Consultant Fees
I9. Sign Plan Review
10. Site Plan Review TOTAL FEE $
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IA list of all property owners within 500 feet of the boundaries of the property must - .
included with the application.
ITwenty-six full size folded copies of the plans must be submitted.
81/2" X 11" Reduced copy of transparency for each plan sheet.
IR
* NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
•-' PROJECT NAME "4/1-11-LrrL- ;t„"• 4 -
LOCATION i :aICCC� .ifa ,v •
LEGAL DESCRIPTION ( • I
PRESENT ZONING
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REQUESTED ZONING
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PRESENT LAND USE DESIGNATION �� ! .xe it- -e f.,lj .� .l,u `' C L1
REQUESTED LAND USE DESIGNATION /0-{j _ / _l{c �.;,. ��L;.t�
d
)_ REASON FOR THIS REQUEST
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.
This is to certify that I am making application for the described action by the City and that I am responsible for complying I
with all City requirements with regard to this request. This application should be processed in my name and I am the party
whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of
ownership (either copy of Owner's Duplicate 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.
I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded
against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's
Office and the original document returned to City Hall Records.
Signature of Applicant Date
I /. 1 - 'k-- =' /) i-4"�`--.j
Signature of Fee Owner � Date
Application Received on Fee Paid Receipt No. '
This application will be considered by the Planning Commission/Board of Adjustments and Appeals on
11
LIST OF PROPERTY OWNERS WITHIN 500 FEET OF PROPERTY BOUNDARY.
•
' Harold Hesse
1425 Bluff Creek Drive
Chanhassen, ?NLN 55318
Di0 n Gi 11 er /soil
// 9C% B/ w O1"eck A-.
pnc
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Attachment A
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That part of the North Half (N 1/2 ) of. Section 35,
Township 116 , Range 23 , described as follows :
Commencing at the Northwest - corner of said North Half;
thence South 86°47 ' 50" East, assumed bearing, along the
North line of said North Half, a distance of 1084. 33
feet to its intersection with the center line of Town
Road; thence South 48°32 ' East along said center line
197. 50 feet; thence South 33°44 ' East along said center
line 1150. 0 feet; thence South 38°39' East along said
center line 710. 75 feet; thence South 25°33 ' East along
said center line 507. 30 feet; thence South 68°18 ' East
along said center line 590. 0 feet; thence South
58° 19 ' 30" East along said center line 94. 0 feet to the
actual point of beginning; thence continuing South
58° 19 ' 30" East along said center line 181. 0 feet;
thence Southn 12°40 ' 30" West a distance of 254. 5 feet;
thence North 58°19 ' 30" West a distance of 181 . 0 feet;
thence North 12°40' 30" East a distance of 254. 5 feet to
the point of beginning. -
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