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1e Sandy Worm IUP 04-12CITYOF CHANHASSEN 7700 Idarkct Bo~J e'~ar~J PO Box 147 C:~ anhassen MN 55317 Administration PI )rqss 952 227 1100 Fax 952227 1110 Building Inspections Prq( ne 952 2271 Fax 9522271190 Engineering Ph :ne: 952227 1160 Fax: ~52 2271170 Finance Prqone: 952 2271140 Fax 9522271110 Park & Recreation P'one 952227 1120 Fax 952 227 1110 Recreatio~ Center 2310 Couiier Bc~Jlevard Phone 952227 1400 Fax: 952 227.1404 Planning & Natural Resources P/n,: 952227 1!30 1ax: 952 227 11!0 Public Works 1591 Park Rr~ad Phone 95? 2271300 Fax: 952 2271310 Senior Center Phrn,~!: 952 2271125 i:ax 952 2271110 Web Site wwws~ ?~anhassen MEMORANDUM TO: FROM: DATE: SUB J: Todd Gerhardt, City Manager Nathan Bouvet, Planning Intern May 10, 2004 Sandy Worm Interim Use Permit 04-12 EXECUTIVE SUMMARY The applicant is requesting an Interim Use Permit (IUP) to allow lessons at a riding academy. By ordinance stables and riding academies are an interim use in the A2 District. With growing municipal services proposed for the area, the property is guided by the 2020 Land Use Plan as Residential Low Density where riding academies are not a permitted use. The Interim Use Permit has a specific termination date that expires when urban services are located in the area. Additionally, the applicant has a stable permit allowing nine (9) horses to be stabled on the property and six (6) acres designated for this purpose. Staff believes the proposed use is complimentary and compatible with the surrounding neighborhood and is recommending approval of the Interim Use Permit. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on April 20, 2004. The Planning Commission recommended approval of Interim Use Permit #04-12 to allow the use of a riding academy located at 760 West 96th Street, zoned A2. The applicant has to adhere to the standards of Chapter Five (5) "Animals", Article Three (3) "Horses" and Section 20-383 (General Issuance Standards) of the Chanhassen City Code. The Interim Use Permit would expire upon the site being served by municipal services as stated in the staff report dated April 20, 2004. There were no concerns raised about the intended use of the property at the April 20, 2004, Planning Commission (PC) meeting. The summary and verbatim minutes are item la of the City Council packet for May 10, 2004. Mr. Todd Gerhardt Sandy Worm IUP 04-12 May 10, 2004 Page 2 RECOMMENDATION Staff recommends the City Council approve the motion as stated in the staff report. ATTACHMENTS 1. Planning Commission Staff Report Dated April 20, 2004. 2. Letters from residents to Planning Commission Members. 3. April 20, 2004 Planning Commission Minutes. g:\plan\2004 planning cases\04-12 - worm iup-760 west 96th street\executive summary.doc CITY OF CHANHASSEN PC DATE: 4/20/04 CC DATE: 5/10/04 REVIEW DEADLINE: CASE #: 2004-12 BY: NPB 5/17/04 STAFF REPORT Z < PROPOSAL: LOCATION: APPLICANT: Request for an Interim Use Permit for a Riding Academy Zoned Agricultural Estate District (A2). Lot 2, Block 1, Jeurissen Addition, west of Highway 101 and North of Pioneer Trail. Sandy Worm 760 West 96th Street Chaska MN, 55317 PRESENT ZONING: Agricultural Estate District (A2) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 10.31 DENSITY: N/A SUMMARY OF REQUEST: Request for an Interim Use Permit for a Riding Academy Zoned Agricultural Estate District (A2). Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the interim use permit standards outlined in the Zoning Ordinance. if the City finds that all the applicable interim use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Planning Case No. 04-12 April 20, 2004 Page 2 PROPOSAL SUMMARY The applicant is requesting an interim use permit (IUP) to allow lessons at a riding academy. By ordinance stables and riding academies are an interim use in the A2 district. The purpose of the riding academy is to educate students on the proper care of horses and to teach them how to ride. APPLICABLE REGULATIONS Sec. 20-383. General Issuance Standards The planning commission shall recommend an interim use permit and the council shall issue interim 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. 2. Conforms to the zoning regulations. 3. The use is allowed as an interim use in the zoning district. 4. The date of event that will terminate the use can be identified with certainty. 5. The use will not impose additional cost on the public if it is necessary for the public to take the property in the future; and 6. The user agrees to any conditions that he City Council deems appropriate for permission of the use. Sec. 20-384 Termination. An interim use permit shall terminate on the happening of any of the following events, whichever first occurs. 1. The date stated in the permit. 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the city's zoning regulations which renders the use nonconforming. Division 2 Conditional use permits. Sec. 20-232 General issuance standards 1-12 Division 1, Article 3 Horses Sec. 5-86 thru Sec. 5-89 Sec. 20-576 Interim Uses 6. Commercial kennels, stables and riding academies. BACKGROUND The purpose of an interim use permit is to allow a use that is presently acceptable but that with anticipated development will not be acceptable in the future. An interim use permit has a specific termination date that expires when urban services are located in the area, to include sewer and water. The property on which the interim use permit is applied for is cun'ently zoned Agricultural Estate District (A2). With the growing urban services proposed for the area, the property is guided by the 2020 Land Use Plan as Mixed Low Density Residential. While riding academies are an interim use in the A2 district, it is not a permitted use in the Residential-Low Density District of the 2020 Land Use Plan. Planning Case No. 04-12 April 20, 2004 Page 3 The subject site is 10.31 acres; the applicant is proposing to provide riding lessons and illustrate proper care to 1 or 2 students at a time. An existing pole barn and riding area are located west and northwest of the home, including several storage sheds, garage, and horse boarding stalls south of the home. The site currently has six (6) acres designated for the keeping of horses and a stable permit allowing nine (9) horses to be stabled on the property. CONDITIONAL USE PERMIT FINDINGS As part of the Interim Use Permit approval is subject to findings of a Conditional Use Permit. The following constitutes staWs review of this proposal against conditional use permit standards. Section 20- 232 includes 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 site is zoned A2. The proposed use will not create any significant or unexpected impacts with the incorporation of staff's conditions. Staff determined that a riding stable with one (1) or two (2) students will not significantly increase traffic from the applicant's intended use. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The site is currently zoned A2. Riding academies are an interim use in the A2 district. The site has an existing stable permit for the stable boarding of nine (9) horses. The site is guided Mixed Low Density Residential by the 2020 Land Use Plan, where riding academies are not a permitted use. Upon urban services entering the area the Interim Use Permit would expire. 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 site is located in an agricultural estate district. The site is similar to other large lots and single family homes located on all three sides of the property. The riding academy will not affect the general character of the vicinity, whereas the riding arena and stables already exist. Several property owners in the area own horses and have similar properties. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. o 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. Planning Case No. 04-12 April 20, 2004 Page 4 10. 11. 12. Finding: Access to the site is provided via West 96th Street. The site will be able to accommodate the proposed use. The site includes a crushed rock parking area north of the proposed home for students of the riding academy. 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 project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 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: The proposed use may increase the amount of traffic serviced via West 96th Street. The increase will be approximately four (4) trips according to the applicant's intended use. This is equivalent to less than one household's average daily trips. Proposed use will not impact neighboring properties. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The site currently has a single access via West 96th Street; staff does not anticipate a significant increase in traffic with the use of the tiding academy. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed development will not result in the loss or destruction of any significant features with the incorporation of staff's recommendations. Will be aesthetically compatible with the area. Finding: With the incorporation of staff's recommendation and existing conditions of neighboring properties, the riding academy will maintain the aesthetic compatibility with the surrounding area. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed use is an interim use and with the incorporation of staffs recommendation will meet standards prescribed for certain uses provided in this article. Planning Case No. 04-12 April 20, 2004 Page 5 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommend approval of Interim Use Permit 2004-12 to allow the use of a riding academy located at 760 West 96th Street, zoned A2: 1) Adhere to the standards of Chapter five (5) "Animals", Article three (3) "Horses" of the Chanhassen City Code. 2) Adhere to the standards of Section 20-383 (General Issuance Standards) of the Chanhassen City Code. 3) The interim Use Permit would expire upon the site being served by municipal services. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Application and Narrative 3. Exhibit "A" Legal Description 4. Reduced Copy of Survey dated November 6, 2001 5. Stable Permit 6. Public Hearing Notice g:\plan\2004 planning cases\04-12 - west end stables iup-760 west 96th street\04-12 staff report 4-204)4.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Sandy Worm, 760 West 96th Street, Interim Use Permit 04-12 On April 20, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Sandy Worm for an Interim Use Permit for a riding academy at 760 West 96th Street. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The site is zoned A2. The proposed use will not create any significant or unexpected impacts with the incorporation of staff's conditions. Staff determined that a riding stable with one (1) or two (2) students will not significantly increase traffic fi'om the applicant's intended use. The site is currently zoned A2. Riding academies are an interim use in the A2 district. The site has an existing stable permit for the stable boarding of nine (9) horses. The site is guided Mixed Low Density Residential by the 2020 Land Use Plan, where riding academies are not a permitted use. Upon urban services entering the area the Interim Use Permit would expire. The site is located in an agricultural estate district. The site is similar to other large lots and single family homes located on all three sides of the property. The riding academy will not affect the general character of the vicinity, whereas the riding arena and stables already exist. Several property owners in the area own horses and have similar properties. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. Access to the site is provided via West 96th Street. The site will be able to accommodate the proposed use. The site includes a crushed rock parking area north of the proposed home for students of the riding academy. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed use may increase the amount of traffic serviced via West 96th Street. The increase will be approximately four (4) trips according to the applicants intended use. This is equivalent to less than one household's average daily trips. Proposed use will not impact neighboring properties. The site currently has a single access via West 96th Street; staff does not anticipate a significant increase in traffic with the use of the riding academy. The proposed development will not result in the loss or destruction of any significant features with the incorporation of staff's recommendations. With the incorporation of staff's recommendation and existing conditions of neighboring properties, the riding academy will maintain the aesthetic compatibility with the surrounding area. The use will not depreciate surrounding property values. The proposed use is an interim use and with the incorporation of staffs recommendation will meet standards prescribed for certain uses provided in this article. RECOMMENDATION "The Planning Commission recommends approval of Interim Use Permit 2004-12 to allow the use of a riding academy located at 760 West 96th Street, zoned A2, subject to the following conditions: 1) Adhere to the standards of Chapter five (5) "Animals", Article three (3) "Horses" of the Chanhassen City Code. 2) Adhere to the standards of Section 20-383 (General Issuance Standards) of the Chanhassen City Code. 3) The Interim Use Permit would expire upon the site being served by municipal services. ADOPTED by the Chanhassen Planning Commission this 20th day of April, 2004. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman g:\plan\2004 planning cases\04-12 - west end stables iup*760 ~cst t)6lh sitter\findings of fact.doc CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: ADDRESS: TELEPHONE (Day time) CITY OF CHANHASSEN REOEIVED 1 8 2004 CHANHASSEN PLANNING DEPT OWNER: '.-- ADDRESS: ,,'(,~ C TELEPHONE: __ Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit /'LC,,2_ __ Non-conforming Use Permit __ Planned Unit Development* ~ Rezoning __ Sign Permits __ Sign Plan Review Site Plan Review* Subdivision* __ Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit __ Zoning Appeal __ Zoning Ordinance Amendment ~.~ Notification Sign ! ~'?: X Escrow for Filing Fees/Attorney Cost** ($50 C U P/S P R/VAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) TOTALFEE$ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. .~ *Twenty-six full size folded copies of the plans must be submitted, including an 8Y~" X 11" reduced copy -f 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 TOTAL AC R EAG E WETLANDS PRESENT PRESENT ZONING YES i NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION 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. 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 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. 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 of Applicant Date Signature of Fee Owner Date Application Received on '-,' t," Ii ' .~ Fee Paid .~_ ' Receipt No. ,( .,'~ '~,~/ . -,~ '~ ,~'/; f' 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. To: City of Chanhassen 7700 Market Boulevard Chanhassem Mn 55317 Re: Narrative plan of operation Hours of operation # of students at a time Location of lessons From: Sandy Worm 760 W 96th St Chanhassen, Mn 55317 952-496-2874 Fax 952-403-1594 The instruction would be for 1,2 or 3 students at a time. I would guess the majority of the time it would be 1 or 2 students. The length of the lesson would be 1 hr. The students would probably car pool because they are usually neighbors or t}iends at school wanting to learn how to horseback ride. I have two wonderful old ponies to accommodate this. I like to give back to the children a part of my childhood and expertise. To see them smile and learn the proper care and parts of the animal gives the children a great confidence booster as well as learning to ride and feeling they have something special to do rather than sit and watching Television. My hours would revolve around school hrs. Summer - 3 days a week Tuesdays, Wednesdays, Thursdays, 8:00 a.m. to 1:00 or 2:00 p.m. depending on the heat. Fall thru Spring -Saturdays, 8:00 a.m. to 12:00 p.m. and a few after school hrs. 3:00 p.m. to 5:00 p.m. on Tuesdays, and Thursday. Also, a good day for a lesson would be spring break or a vacation day. Lastly, I do not have lighting in my riding ring so I would only be teaching before it becomes dark. And only weather permitting because we only ride outdoors. The location of my lessons given only by myself would be in my riding ring behind my barn. And around my hay field alter ! feel they can handle the ponies properly. The duration of this proposed issue would cease when sewer and water is available in the area. Proposed tbr year 2020. I also have no reason to increase the size or change any part of my operation. I will be in compliance with the twelve general standards. This Inter use permit will not be detrimental or endanger the welfare of the neighborhood or city. I will be consistent to the cities compliance plan and hours ! have submitted. I also keep an extremely clean stable. Appearance is the number one thing that 1 demand. The stables are cleaned daily and disposed of instantly on the tree thrm or hauled out if it is to wet to spread. All designing is completed so no extras are foreseen. Weekly upkeep is also an importance as there are always things that manage to need repairs. ! think first impressions are important so appearance is everything. There is very little noise associated with horses unless they winny here or there, saying hi as you come up to them. This operation will not be detrimental to the economic welfare of the community. It will be a very quiet activity for the children to enjoy and not disturb anyone. Also there will be very little traffic as parents tend to bring a friend and car pool together as they usually are neighborhood children or classmates in school. People need quality time with a friend and a pony. This is very therapeutic as animals help all of us relief stress. I have ample parking approximately one-half an acre with a large area to turn around so there would never be excessive traffic or problems with cars having no place to park. I have has a stable since I moved to my place in 1987. There are Five others in the neighborhood with horses as well. So I/reel it is compatible with the area. Property values in the area will only increase in value due to the park appearance that ! keep my place, tbr example I have no weeds and keep the pastures groomed. I feel I meet the standards set for this interuse permit. Please consider my request. Sincerely, / Sandy Worm EXHIBIT A Ail that part of the South One-half of the Northeast Quarter of Section 26, Township 116, Range 23, Carver County, M~n~eso~ described as follows= Commencing at a point in the South line of said South One-half of the Northeast Quarter, distant 330.79 feet West of the Southeast corner thereof; thence Northerly parallel with the East line of said South One-half of the Northeast Quarter a distance of 512.47 feet to the point of beginning of the tract of land to be described; thence Westerly parallel with the South line of said South One-half of the Northeast Quarter a distance of 425.00 feet; thence Northerly parallel to said East line a distance of 800.00 feet, more or less, to the North line of said South One-half of the Northeast Quarter; thence Easterly along said North line a distance of 425.00 feet, more or less; thence Southerly along ~l~911el line to ~he point of beg~ng, ' t F- F- /7 7 N89°09'1 ~"W 425.00 BOUNDARY SURVEY MR. CHUCK WORM 760 West 96th Street Chanhassen, MN 55318 SATHRE-BERGQUIST, INC. 150 SOUTH CROADWAY WAYZATA, MN, 55391 (952)476~000 t x ~ omomo ~ I I CERTIFICATE OF SURVEY PREPARED FOR CHUCK WORM LOT 2, BLK 1 JEURISSEN ADDITION CITY OF' I:~IANHA~Si~I /972. ~qi~ CITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Ohanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building inspections Ph one: 952,2271180 Fax: 952,227.1190 Engineering Phone: 952,227.1160 Fax: 952.227,1170 Finance Phone: 952.227.1140 Fax: 952.227,1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 159t Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952,227.1125 Fax: 952.227,1110 Web Site www. ci.chanhassemmn.us CITY OF CHANHASSEN STABLE PERMIT PERMIT NO: FEE PAD: NAME: Sandv Worm ADDRESS: 760 West 96'h Street AREA ACRES DESIGNATED FOR THE KEEPING OF HORSES: NUMBER OF HORSES: 9 INSPECTED BY: Carol Dunsmore. Stable Inspector SPECIAL CONDITIONS OF PERMIT: Annual renewal due June 1. Approval wanted on: June 19, 2003 T~ODD GERHARDT, CITY MANAGER 07-2003 $1o.oo The City of Chanhassen · A growing community w,rn c~ear, lakes quamy scnoo{s a cnarmmd dowmown [nnv ng ous~nesses ,:dnding [rahs ano beautiful Barks. A grea[ E ace to live. work and pJay. DATE: PERMIT NO: $10.00 FEE PD:, CITY OF CHANHASSEN 7700 MARKET BLVD, P.O. BOX 147 CHANHASSEN, MN 5531 7 952-227-1181 APPLICATION FOR STABLE PERMIT Address: Land Owner Name: Address: 4. Legal Description of Property: 5. Acres Designated for Keeping of Horse(s)' 6. Number of Horses: ~' 7. Information Identifying Each Horse to be Stabled: / ' i ~~ · , . ..... .~ ,f ~ I hereby consent to inspection of the premises as provided by Section 5-103 of Chanhassen City Code. All facts set forth in this application are true and correct to the best of my knowledge. All stable permit applications must be received by June 1 st of each year. Applicant Owner Land Owner I hereby certify that I have inspected the above premises and find it to be in compliance with the ordinance. Sta~ie Inspectt)r / / Date g:tsafety~carol\stable.app NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-12 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, April 20, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an Interim Use Permit for a Riding Academy Located at 760 West 96th Street, Jeurissen Addition, Zoned A-2; Applicant: Sandy Worm. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Nathan Bouvet, Planning Intern Email: nbouvet (¢ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on April 8, 2004) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) SS. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 8, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Request for an Interim Use Permit for a Riding Academy (760 West 96th Street) - Planning Case No. 04-12 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carve]' County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ~i!~ day of~ __, 2004, / . Notary Pub~~ - g:\plan\2004 planning cases\04-12 west crud x~ablc~ iup 760 west 96th strccl\affidavit doc Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regar~ng the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does oot represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmJess the City from any and all claims brought by User, its employees or agents, or third paMies which arise out of the user's access or use of data provided. CITY OF CHANHASSEN 7700 Market Boulevard, P.O. Box 147 Chanhassen, Minnesota 55317 www. ci.chanhassen.mn.us Public Hearing Notice Area (500 feet) 760 West 96th Street City of Chanhassen Planning Case No. 04-12 II/I GARY J & MARY LANE BENDZICK 731 96TH ST W CHANHASSEN MN 55317-8603 JAMES M & TERESA A BYRNE 70O 96TH ST W CHANHASSEN MN 55317-8603 RICHARD A & BETTY A DERHAAG 711 96TH ST W CHANHASSEN MN 55317-8603 WESLEY & CAROL DUNSMORE 730 96TH ST W CHANHASSEN MN 55317-8603 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317-8695 GREGORY M FALCONER 720 96TH ST W CHANHASSEN MN 55317-8603 ROBERT A & ELIZABETH K HAAK 770 PIONEER TRL CHANHASSEN MN 55317-8671 JAMES R & SHARON M HEDBERG 750 PIONEER TRL CHANHASSEN MN 55317-8671 WILLIAM F & MARY E HEINLEIN 721 96TH ST W CHANHASSEN MN 55317-8603 PAUL H JEURISSEN 750 96TH ST W CHANHASSEN MN 55317-8603 STEVEN J & SANDRA R KADISAK 810 PIONEER TRL CHANHASSEN MN 55317-8673 DOUGLAS L & PAULA JO STEEN 701 96TH ST W CHANHASSEN MN 55317-8603 CARL O WATTS & LESLIE L O'HALLORAN 710 96TH ST W CHANHASSEN MN 55317-8603 ROBERT & BETTY WOLD 731 PIONEER TRL CHASKA MN 55318-1157 CHARLES E & SANDRA R WORM 76O 96TH ST W CHANHASSEN MN 55317-8603 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 G:\PLAN~004 Planning Cases\04-12 - West End Stables IUP-760 West 96th Street\04-12 PH Notice Labels.doc April 10, 2004 Chanhassen Planning Commission City Hall Council Chambers 770 Market Boulevard Chanhassen, MN 55317 RE: Request for Interim Use Permit, Planning file 04-12 Commission Members: As a property owner within 500 feet of the proposed project, it's my recommendation to approve the project. I've known Sandy Jeurissen Worm many years as a neighbor. Her concern for her property and her horses is exemplary. Chanhassen has steadily undergone a change to a community that commutes and has little opportunity to enjoy the benefits of rural life. Today, our youth activities encompass high energy sports and activities requiring an excelled level of involvement. Anyone entering an arena where horses are present can usually feel relaxed within a short period of time. Horses have that effect on you. Equestrian activities allow the participant to advance at their own pace. The pressure of a team activity is not evident. Having a service such as Sandy can provide will give Chanhassen more depth in options available to residents. Students of the riding academy can attest to the well known fact that "there is nothing better for the inside of person than the outside of a horse". Regards, Betty Threlkeld Wold 730 Pioneer Trail Chaska, MN 55318 April 10, 2004 Chanhassen Planning Commission City Hall Council Chambers 770 Market Boulevard Chanhassen, MN 55317 RE: Request for Interim Use Permit, Planning file 04-12 Commission Members: As a property owner within 500 feet of the proposed project, it's my recommendation to approve the project. I've known Sandy Jeurissen Worm many years as a neighbor. Her concern for her property and her horses is exemplary. Chanhassen has steadily undergone a change to a community that commutes and has little opportunity to enjoy the benefits of rural life. Today, our youth activities encompass high energy sports and activities requiring an excelled level of involvement. Anyone entering an arena where horses are present can usually feel relaxed within a short period of time. Horses have that effect on you. Equestrian activities allow the participant to advance at their own pace. The pressure of a team activity is not evident. Having a service such as Sandy can provide will give Chanhassen more depth in options available to residents. Students of the tiding academy can attest to the well known fact that "there is nothing better for the inside of person than the outside of a horse". Regards, Betty Threlkeld Wold 730 Pioneer Trail Chaska, MN 55318 April 13, 2004 Chanhassen Planning Commission City Hall Council Chambers 770 Market Boulevard Chanhassem MN 55317 RE: Request for Interim Use Permit, Planning file 04-12 Commission Members: Living on the same street as Sandy Worm, her tb. mily and this proposed project, there is not one reason that I can find for not approving this project. Sandy can provide a wonderful service and learning experience for all ages. Her involvement and knowledge of horses is a gift that not many are willing or have the capabilities to share. To become aquainted with horses is to learn respect, responsibility and in the long run, is less expensive than therapy of any kind! Please allow that people in our area may have this opportunity. Sincerely, Leslie O'Halloran RECEIVEf APR 1 ~ 2004 OITY OF OHANHA$SEt~ Chanhassen Planning Commission City Hall Council Chambers 770 Market Bird Chanhassen, MN 55317 Re: Request tbr Interim Use Permit, Planning File 04-12 April 14, 2004 Dear Planning Commission. I am writing to strongly' recommend you approve the above referenced permit. My family' has been neighbors with the Worms lbr I I years now and we have alwa)s lbund them lo be responsible and caring neighbors. They take very good care of their properb and horses. The riding academy' is a positive use of local land. It reaffirms the rural qualities that prompted us to move here in 1993, and sadly are being lost as the southwest suburbs rapidly grow. In addition, the academy will provide a positive, constructive option for local youth that otherwise may be unavailable. For all these reasons we strongly support Sandy Worm and hope tha! you will approve her permit without further delay. Please ['eel free to contact me directly if?u have any questions or would like a more . .77-1 _-6. lengthy reI'erence. Mv daytime phone number is (763 Sincerely, Steve Kadisak and Family 810 Pioneer Trail Chanhassem MN 55317 April 15, 2004 Chanhassen Planning Commission City Hall Council Chambers Chanhassen, MN 55317 RE: Request for Interim Use Permit, Planning file 04-12 To Whom it May Concern: In regards to the proposed riding academy project that is being coordinated by Sandy Worm, I would like to make my personal recommendation for the approval of this project.. I have two reasons for my enthusiasm for this project. First off, I am a close neighbor of Sandy Worm and have personally seen how open and willing she has been in welcoming children and adults to her home and stables to learn about horses. Not only is she a kind and upstanding member of the community, but she is a wonderful role model to all of our children! Secondly, and most importantly, I am an elementary school teacher in a local school district. Many of my past and present students are those that Sandy has welcomed into her home to provide the wonderful opportunity of riding horses. I have heard and seen first-hand how valuable the expcriencc has been for these children. Many children at this age have such an interest and yearning to ride horses. Many children at this age do not have access to this opportunity. Sandy provides the rural-type environment that many of our suburban children do not know about. Learning and working with horses is a fabulously wholesome activity that does not leave the often negative residue that competitive sports can leave. It is a healthy focus for children living in a world that is filled with unhealthy options! I can't tell you how valuable this experience is for the children Sandy works with. For these reasons, my hope is that you make the motion to approve Sandy Worm's riding academy program. Thank you, Penny Jeurissen 750 West 96th Street Chanhassen, MN 55317 CHANHASEN PLANNING COMMISSION REGULAR MEETING APRIL 20, 2004 Chairman Sacchet called thc meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Rich Slagle, Kurt Papke, Bethany Tjornhom, Steve Lillehaug and Dan Keefe MEMBERS ABSENT: Craig Claybaugh STAFF PRESENT: Kate Aanenson, Community Development Director; Nate Bouvet, Planning Intern; and Matt Saam, Assistant City Engineer PUBLIC HEARING: REQUEST FOR INTERIM USE PERMIT TO ALLOW RIDING LESSONS AT STABLE LOCATED AT 760 WEST 96rn STREET, SANDY WORM, PLANNING CASE NO. 04-12. Public Present: Name Address Carol Dunsmore Sandy Worm Allie & Chris Fullerton 730 96th Street West 760 96th Street West Nate Bouvet presented the staff report on this item. Sacchet: Questions of staff? No questions of staff'? Steve, you have a question? Lillehaug: I do. It has nothing to do with anything other than notifying the correct people. I think we missed a bunch of people on the west side for notification of this. I'm in full support of it but I think we missed, I don't see Ellsworth, Hendrickson, Meschke, Dirks on the notification list, and when I look at the postcard that went out, it looks like the wrong lots got identified and thc 500 feet is based off the wrong area. Or a combination thereof so. Keefe: Where does the 500 feet start from? Aanenson: From the perimeter of the property line. Thc state law is 300. Our ordinance is, 350. Our ordinance is 500. Lillehaug: So I mean I totally support this but what direction does staff give us without... Aanenson: We did receive comment fi'om some of the surrounding property owners that were in support of it. Sacchet: But if it would be a controversial issue Steve I think we'd have something. Lillehaug: I don't think it would be but. Sacchet: I don't see how this could be considered controversial. Lillehaug: I don't either. Papke: Can I make a comment or should I wait til later? Sacchet: Let's go through the hearing then we do comments. No questions for you. Thank you very much for staff report. Do we have an applicant that wants to add anything to this? The applicant wants to come forward and if you have anything to add, please do so. Sandy Worm: My name is Sandy Worm and I live. Sacchet: Do you mind pulling the microphone towards you a little bit, thank you. Sandy Worm: My name is Sandy Worm. I live at 760 West 96th Street and I just hope the kids can enjoy riding out there and it's only a couple ponies and hope they can have fun. Sacchet: Questions of the applicant? Keefe: I've got a question. Are you proposing to put signage up anywhere? Sandy Worm: No. Keefe: Okay. Sacchet: Good question. Ah'ight, thank you. Aanenson: Can I just add a comment to that'? in fact that was a good question. Fol' home occupation we have a very limited small sign that you can put on a piece of property, specifically if it's residentially zoned so. Keefe: If in the future, you know. Aanenson: It would have to come back. Right now the ordinance doesn't allow, I don't remember the top end but it's pretty small l'or it home occupation so, it's like 2 by 2 or something like that so she would put that in the driveway, just roi- an address so people knew where they were going but I don't think there'd be a conflict there because people could see the ring. Sacchet: Thank you. Sandy Worm: Thanks. Sacchet: This is a public hearing so if anybody wants to address this item, please come forward and state your name and address for the record. Anybody want to address this item? Seeing nobody, I will close the public hearing. Bring it back to commissioners for comments. Kurt, you had a comment. Papke: Yeah, I live just on Homestead Lane, just down fl*om the subject property and just a comment on the notification. The horses fi'om that area come on a trail that leads through the Hendrickson property, through the Meschke property and then down the street so the local residents are intimately familiar with the horses that are stabled there already. I can't imagine any concern coming up. Sacchet: Thanks Kurt. Any other comments'? If not I'll take a motion. Lillehaug: I make a motion the Planning Commission approves. Sacchet: Recommends approval. Page 5. Lillehaug: That the Planning Commission recommends approval of the Interim Use Permit #2004-12 to allow the use of a riding academy located at 760 West 96th Street zoned A2 with conditions 1 through 3 as indicated. Sacchet: Do we have a second'.> Papke: Second. Lillehaug moved, Papke seconded that the Planning Commission recommend approval of Interim Use Permit #2004-12 to allow the use of a riding academy located at 760 West 96th Street, zoned A2, subject to the following conditions: Adhere to the standards of Chapter five (5) "Animals", Article three (3), "Horses" of the Chanhassen City Code. Adhere to the standards of Section 20-383 (General Issuance Standards) of the Chanhassen City Code. The Interim Use Permit would expire upon the site being served by municipal services. All voted in favor and the motion carried unanimously with a vote of 6 to 0.