10. Variance to Requiremnts for improvement, 8301 Audubon Rd. - /O
L '-'-. C I T Y 0 F BOA DATE: June 26, 1989
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\Q ' , Y. 7 CHAIIIIASSZN - C.C. DATE:
CASE NO: 89-9 Variance
Prepared by: Olsen/v
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STAFF REPORT
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il PROPOSAL: Variance to the Requirements of the Zoning Ordinance
for Curb and Gutter
1.... AEnctliotinIC4eitviirrirT
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< Al,_,'.:■::I_______--
I 2, LOCATION: 8301 Audubon Road
Date Su':=LJ
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I 97 APPLICANT: Dave Stockdale
■4. 7210 Galpin Blvd. -
Chanhassen, MN 55317
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PRESENT ZONING: IOP, Industrial Office Park
II ACREAGE: 7. 47 Acres
DENSITY:
IIADJACENT ZONING
AND LAND USE: N- IOP, Public Works Building
II S- IOP, Vacant
<CC E- IOP, Vacant
I tta
W- IOP, Audubon Development Sites, Inc.
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ILi WATER AND SEWER: The site is within the MUSA Line.
p_.
I Cl) PHYSICAL CHARAC. : The site is currently used as a single
family residence and a horse barn. The
majority of the site is pasture.
II2000 LAND USE PLAN: Industrial
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Stockdale Variance
June 26, 1989
Page 2 -
BACKGROUND
The applicant' s proposal for a conditional use permit was
reviewed by the City Council on June 12, 1989. One of the
requests of the applicant was to not be required to install curb
and gutter in the driveway and parking areas. The City Council
determined that if the Council was going to recommend approval of
the conditional use permit without the applicant having to
install curb and gutter, that the applicant would have to first
receive a variance to the zoning code requirement. The City
Council referred the applicant back to the Board of Adjustments
and Appeals to apply for a variance to the Zoning Code require-
ment requiring curb and gutter to driveway and parking areas.
ANALYSIS
Section 20-1123 of the Zoning Ordinance requires in office '
industrial districts, parking areas and access drives shall be
paved with a dust free all weather surface with proper surface
drainage and concrete curb. The applicant is proposing to
locate his contractor ' s yard on an existing horse farm located in
the IOP District. The applicant will be making minor improve-
ments to the site and will be using the existing buildings. The I
applicant has agreed to pave the access drive and parking areas
but does not want to provide the required curb and gutter since
the site will be further improved in the near future. The appli-
cant is claiming that the curb and gutter is not necessary at I
this time since the site will not be hooked up to sewer and water
and what he is proposing will allow existing surface runoff to be
maintained until there is a storm sewer system available for the
storm water runoff.
Staff has been consistent in requiring all of the conditions of
the IOP District to be provided by applicants when any improve-
ments are being made to the industrial office park sites . The
applicant is only making minor improvements to the subject site
at this time, and claims the use to be temporary. Staff must
still require that the improvements including curb and gutter be
made at this time to ensure that the site meets the requirements
of the ordinance, if in fact it is not further improved in the
near future. Staffis not comfortable with delaying improvements
until some unknown future date.
For the Board of Adjustments and City Council to recommend appro-
val of the variance, the applicant must meet the following five
conditions for hardship:
A. That the literal enforcement of the Ordinance would cause f
undue hardship and practical difficulty.
* The literal enforcement of the chapter would require the I
applicant to spend additional money on providing curb and
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' Stockdale Variance
June 26, 1989
Page 3
gutter around the parking area and access drive. The appli-
cant claims this is undue hardship and practical difficulty.
' The money spent for these improvements will be wasted since
further improvements will be made to the site in the near
future and then at that time the applicant will make the
required improvements. The Board of Adjustments should not
grant variances based on financial hardship.
B . That the hardship is caused by special conditions and cir-
cumstances which are peculiar to the land and structure
involved and which are not characteristic of or applicable to
other lands of structures in the same district.
* The applicant states that the special conditions and cir-
cumstances peculiar to the land are that it is an existing
horse farm and that the applicant will be using the existing
buildings and parking areas. Therefore, the applicant feels
there is a hardship in that any significant alteration to the
site made at this time is premature. Again, the hardship is
financial and existing conditions are not preventing curb and
gutter from being installed.
C. That the granting of the variance is necessary for the preser-
IIand enjoyment of substantial property rights.
* The granting of the variance may cause a financial hardship
but does not deny the applicant the preservation and enjoyment
of property rights.
D. That the special conditions and circumstances are not a con-
sequence of a self-created hardship.
* The conditions and circumstances creating the hardship are
' financial and therefore could be defined as self-created.
E. That the variance will not be injurious to or adversely affect
' the health, safety or welfare of the residents of the City of
the neighborhood wherein the property is situated and will be
in keeping with the spirit and intent of the Ordinance.
' * The granting of the variance will not be in keeping of the
spirit and intent of the ordinance.
SUMMARY
To be consistent, staff is recommending that the variance be
denied and the applicant be required to make the improvements
required for the Industrial Office Park District. The reason for
requiring curb and gutter is not only for the direction of
' drainage and runoff but also to allow the property to be better
maintained. Should the Board of Adjustments feel that the
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Stockdale Variance
June 26, 1989
Page 4
requiring of curb and gutter at this time is premature and that a
hardship does exist, staff is recommending that the Board con-
ditional approval of the variance on that the applicant will pro-
vide curb and gutter when further improvements are made to the
site.
ATTACHMENTS
1 . City Council minutes dated June 12, 1989 and staff report.
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II , City Council Meeting - June 12, 1989
Councilman Boyt: On the builder but the developer is doing nothing more.
Gary Warren: Unless the developer is going to be building the lots.
[-
Councilman Johnson: And if the builder does his job right, then he gets his
' money back.
Mayor Chmiel: It's refunded.
ICouncilman Johnson: So I'll second your motion.
Gary Warren: We can also use that for street clean-up.
' Councilman Johnson: Just what Gary just mentioned, should we also include that
that money can be utilized for cleaning the street? If the builder messes up
' the street and doesn't clean it.
Councilwoman Dimler: I think that's a great idea.
' Councilman Johnson: Because there's a lot of that going around.
Don Ashworth: So you'd have it cleaning debris. Would you include blowing
' materials, anything?
Gary Warren: A nuisance fee.
Councilman Boyt: So really we have two additions to the original motion which
is that the fee would also be used to cover anticipated reasonable expense for
road clean-up and debris and litter. Road and debris litter clean-up. Well, I
would accept that. Will you with the second?
Councilman Johnson: Yes.
Councilman Boyt moved, Councilman Johnson seconded to approve the Development
Y pp i�
Contract for Chanhassen Hills 3rd Addition and direct the City Attorney to amend
the development contract to include a fee for erosion control, road and debris
litter clean-up. All voted in favor and the motion carried.
D. CONDITIONAL USE PERMIT FOR A CONTRACTOR'S YARD AND SCREENED OUTDOOR STORAGE,
EDGEWORK BUILDERS, DAVE STOCKDALE.
Councilman Boyt: Would somebody else like to pull this off because I'm pulling
this off as a favor to Jo Ann so if any of the rest of you would like to take
this. Alright, actually it's written the way I like it now but as you may have
noticed, that's written differently than the way the Planning Commission passed
it. So in fairness Jo Ann thought we should review it. What I like about it
is, the way it's written now, is that we've got curb and gutter. We're talking
' about the industrial office park. I'm not prepared to start making exceptions
about curbing in the industrial office park. It's one thing to go back and say
to him on your old property, well you've got to go in there and put curb and
gutter but when they're building something brand new, we ought to build it
right. So I like staff's recommendation. That's all I have on this one.
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City Council Meeting - June 12, 1989
Dave Stockdale: My name is Dave Stockdale. I'm the applicant. First off to
address Bill's statement. It's not new construction. The buildings are
existing. Everything is existing except the hard surface. I think there's some
practical reasons for not putting curb and gutter in at this point. First off,
in my mind curb and gutter usually diverts the water to one focal point and
that's typically a storm sewer. There is no storm sewer out there. I figure
you could actually be creating a bigger problem than there would be if you had
contiguous sheet runoff that would disperse the water evenly across the whole
membrane. Wherever it does runoff, you'll be focusing a lot of water onto the
ground at that point. So I think at that point, I think that's a good reason
for not doing it physically. Again, from my point of view economically, at some
point in the near future when I do develop that property, the considerable
expense of curb and gutter will be pretty much a number that's been considered a
temporary expense. Blacktop to a degree may be too but a certain portion of
that will probably still work within the system. I guess probably to another
degree, less than a year ago an application was made and approved without curb
and gutter at that point for the same property for whatever. reason. At some
point, I currently have a conditional use permit on a different piece of
property which I am still prepared to act on and at some point if this
particular piece of property becomes economical unfeasible, at that point I'll
revert back to my other piece if too many things add up on the cost issue.
Councilman Boyt: If I can respond, you are putting in new hard surfaces you
said. We do require curb and gutter in the industrial office park zone which
you're in so that becomes a cost of business of doing business in that zone. II
Your issue about will this create a bigger problem if we have it than if we
don't have it I think is something that the City Engineer needs to address. We
don't want to create a bigger problem, I agree with you about that. You
certainly have the right to use your first conditional use permit. It was
passed, although I voted against it. It passed. I also voted against the Merit
Air Conditioning application for that similar property because it didn't have
curb and gutter along with other things so those are just my responses but I
recognize that it does create an economic difficulty.
Mayor. Chmiel: Gary, can you address that?
Gary Warren: I didn't get the gist of all the comments. The question
specifically is why staff is recommending concrete curb and gutter. I can
address that if that's your question. It's primarily I guess following the
ordinance in that zone I guess for the curb and gutter. I don't know, it's
crystal balling how far in the future that subdivision is going to go. We just
had a meeting with Opus here a couple weeks ago on pushing Lake Drive even
further out there and this becomes sort of an exception in that whole
development scheme so I realistically with the City's intended improvements on
Audubon Road south of the railroad tracks as part of our State Aid project which
we approved in our 5 year plan, I see this whole area again being the prime
target here for development. I guess I was also looking at the fact that that
parcel going in under a variance from that standard which is going to be applied
throughout that whole subdivision once it is platted, is going to be sort of an
exception that's going to be noticed.
Mayor_ Chmi.el: Did you want to say something Dave? '
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City Council Meeting - June 12, 1989
Dave Stockdale: Gary, can you think of a situation where a curb and utter.
would be applied where this is not a storm sewer system for it to drain into?
Gary War_r_en: Sure, we do it a lot and that's why we reference it as barrier
curbing I guess to control traffic. To keep vehicles within the parking
' surfaces. It's not necessarily completely there for a drainage standpoint.
Dave Stockdale: Okay, what affect would that have on anyone other than the
property owner?
' Gary Warren: I guess from a site nuisance standpoint, if you have a parking
area where vehicles are going off the road and tearing up and rutting up the
berm areas and such, I guess there are some impacts on the motoring public so to
speak.
Dave Stockdale: And I would probably be the person most concerned with that
' being the property owner. At the same time, from what I'm hearing you say that
in the near future you're expecting that that development, the improvements will
be passing by that property which at that point will, for practical reasons
' necessitate that development of the property. Economically practial reasons.
It seems a little bit foolish to go as far as curb and gutter at this point if
within the near future the development process will take place and the true
' finished product will end up with that kind of a treatment. I'm not proposing
never having curb and gutter. I'm just saying until it's developed, on a
temporary basis. I would expect at the time it's developed to the full
industrial office park standards, that it will meet and/or exceed everything
that's in the industrial office park.
Mayor Chmiel: Is there anyway that within this conditional use permit which has
' already been approved, is there anyway that we can establish an additional kind
of condition?
Councilman Boyt: This one hasn't been approved? The first one is in a whole
different location.
Mayor Chmiel: Right. Then can we in this specific time include this as an
additional requirement as a condition?
Councilman Boyt: Sure.
' Councilman Johnson: This is a new permit.
Councilman Boyt: We can write any conditions that seem justifiable.
Mayor Chmiel: Because basically it could be a hardship and I think
p we probably
agree at this particular time until that development time comes.
Gary Warren: I guess if Council wants to not require it, that it is definitely
a variance to this site until such time as development comes by and we're not
I violating the City's standards as far as requiring it for this type of
development.
Mayor Chmiel: We are not violating it? [::
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City Council Meeting - June 12, 1989
Councilman Boyt: What?
Gary Warren: I said Council could chose to interpret this ruling that it is
based on an existing site and that once development, the subdivision is
subdivided and development is there, that we're not saying that the standard for
concrete curb and gutter should not be applied throughout. That it's just
temporary until this whole site area develops.
Councilman Boyt: Well you mentioned a key word here, variance. This is in fact
a variance to the requirements in the industrial office park. As a variance,
it's got to meet those 5 criteria. There's nothing in the staff report about
how it adjusts to those 5 criteria. What about the possibility, when is Audubon
Road going to be finished?
Gary Warren: The 5 year State Aid program was scheduled for Audubon Road to be
the next project which would be constructed under next year's funding which
means we would be looking to get something underway as far as design in the fall
of this year or there abouts.
Councilman Boyt: Can we make this, the fall of this year you said? '
Gary Warren: The design would be initiated the fall of this year.
Councilman Boyt: So you think it would be completed by 1991 I supposed?
Gary Warren: 1990. ;
Councilman Boyt: So could we put a condition on the development of this that by
say June, 1991 curb and gutter will be installed? Concrete curb and gutter.
That gives Dave a chance to sort of get through the Audubon Road thing and start '
your further development. So you don't have to put it in and tear it out but we
do have a definite time in which it will be built. We're basically giving you
the opportunity to delay that for a year and a half. '
Dave Stockdale: For me to take possession of the property I need to have a hard
surface blacktop. . .and to put curb and gutter in after the fact is also... If
you're going to go that way, then I shouldn't even put the hard surface down
until the curb and gutter goes in and at the same time. ..
Councilman Boyt: Well I think as far as the City fulfilling their part of the
obligation, that should be worked into that.
Dave Stockdale: Yes, it should be worked together.
Councilman Boyt: But we were talking about, you were going to tear that hard
asphalt up anyway because you said when I have to develop, I'm going to have to
tear this out. I don't want to have to tear out my concrete curb and gutter.
So what I'm saying is don't put the concrete curb and gutter in but when we
develop Audubon Road, you've got to have it.
( Dave Stockdale: When you develop Audubon Road, that doesn' t necessarily mean ,
that I'm going to develop at that point in time. If you set a ti.mefr_ame that
you'd like a blacktop surface with curb and gutter.. .
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ItCity Council Meeting - June 12, 1989
IICouncilman Boyt: Well Dave the rob
p lem is, in my opinion, if we leave this open
ended so that you build it when you're ready to develop, then we run into the
Iproblems that Gary said. We require it of all the people around you but we
haven't required it of you. They're not going to be happy with that.
I Dave Stockdale: You're right. Who are the people around me that would be in a
similiar situation? Everyone else has improvements prior to the development of
their property.
ICouncilman Boyt: So we don't have anybody else out there that's going to
develop on any land that doesn't already have curb and gutter?
IDave Stockdale: That doesn't already have improvements to the property.
Councilman Boyt: But we're extending the road. We're extending the
I improvements so that area is going to develop. That's why you'd probably want
to develop it further. What I'm proposing is giving you time but I think the
time in my opinion, and then I'll stop and give everybody else, in my opinion,
the time has to have some limits on it because I don't think it's wise to give
I you an open ended contract that says build it when you want when in all
likelihood people are going to be developing around you and have to live with
II the higher standard. If we grant this variance because of an economic need,
it's going to be hard to deny it to anyone.
Councilman Johnson: I have a suggestion here. Let's look at this, I definitely
I would rather have David over here than at his house. Rather than have his 12
trucks drive down that residential street, well it's a residential highway
there, I'd rather have them here. That's a better location for his operation.
It's within the industrial park, etc. . I think he's got a good point about the
Iconcrete curb and gutter. What I'd like to see as a compromise here maybe is
asphalt curb and gutter at this point and any further development, any new
construction on this property, subdivision of this property would automatically
I kick in concrete curb and gutter. So if he decides to build an additional cold
storage building, kicks in concrete curb and gutter. Right now you're not
building any buildings on here. Using all existing buildings. You're putting
I up some fences and stuff like that so I would say this
y at point let's go with a
compromise because as things go, concrete curb and gutter is $4.00 a foot or
something like that. $2.00 a foot? $5.00 a foot? You look at the feet
involved in here for the type of operation he's going to build over there down
I the road on Galpin. But asphalt curb and gutter, what would you say that is a
foot?
IGary Warren: $2.00-$2.50.
Councilman Johnson: So it's half the price. I guess it wouldn't be asphalt
gutter, just asphalt curb.
IICouncilman Boyt: Wouldn't it be better to put this money in
y some kind of an
II escrow account and not build any curbing rather than build $2.50 curbing that
isn't what our standard requires and is going to get torn out?
Mayor Chmiel: Let me ask a question before we continue with discussion. If
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II this is a variance, of which we've all indicated, should this not go back to the
Board of Appeals and Adjustments?
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City Council Meeting - June 12, 1989 '
Roger Knutson: If it's a variance from the standards of your ordinance, yes.
Councilman Boyt: It doesn't have to though. '
Councilman Johnson: As a condition of the conditional use permit is it also a
variance? '
Roger Knutson: No.
Councilman Johnson: We can give a condition as part of a conditional use permit
that in effect grants a variance. If we say no curb and gutter is a condition
of the conditional use permit and our ordinance says you have to have curb and
gutter, then what we've done is grant a variance without going through the
variance procedure. Is that legal? You're on the hot seat tonight. That's 2
in a row for you.
Roger Knutson: The short answer is under your established procedures, no.
Could you accomplish that with changed procedures, yes.
Councilman Johnson: Not tonight? '
Roger Knutson: Not tonight.
Mayor Chmiel: So it would have to go back to the Board of Adjustments and
Appeals.
Councilman Workman: How much curb are we looking at here? All the way up the II
drive?
Gary Warren: Throughout the internal parking area.
Councilman Workman: All the way up to the outside storage and everywhere else?
Councilman Johnson: We're not doing it on the driveway?
Gary Warren: No. '
Councilman Johnson: Okay, I thought you said just the internal parking area.
Councilman Workman: Is this lot, is future development going to sit kind of by
itself? There's not going to be a thru road here? I mean this is going to be
his personal driveway in future development?
Gary Warren: That's a hard question to answer. I think it's up to the
developer I guess how he would deal with it but the parcel, the way the lines
show I guess on a half section map, show that the Lake Drive extension would
come close to the southerly limits of this parcel. I think it's a ways yet
south and I know Opus probably would be interested, if they're ready to go ahead
with their plans and probably just getting rid of this exception and being able
to deal with this whole parcel from Audubon Road east of CR 17 as one big chunk.
Councilman Workman: Who owns this parcel? You don't own this parcel?
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I , City Council Meeting - June 12, 1989
Dave Stockdale: I'm in the rocess of buying p y ng it. I've got a purchase agreement
on it.
Councilman Boyt: Isn't this Jim McMahon who owns this property?
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' Councilman Workman: This is that little farm that I've been driving by for
about 25 years isn't it?
' Gary Warren: Right.
Councilman Workman: Right before the old bridge. I don't know, maybe we're
going back, maybe I don't need to blow any smoke here but I'm not in favor of
the asphalt curb at all. What exactly are we going to be doing out there?
Dave Stockdale: I'm a landscape contractor. We specialize in landscape
' construction. Retaining walls. Hard goods like that. We store our equipment
and some materials on site. My foremen come and pick up the trucks and go out
in the field...
Councilman Workman: Cold storage isn't refrigeration?
Dave Stockdale: No, outside storage. There's an area on the southeast corner
' ...buildings on the north and the farmhouse on the west. Additional screening
will be provided in that southeast corner of the building area for storing my
trucks and what not. My foreman would drive there and park their personal
' vehicles and like I said drive out into the field.
Councilman Workman: Doing what you're doing now from your home?
' Dave Stockdale: No, right now I've got very cramped space in south Minneapolis.
Last fall I applied and was granted a conditional use permit to develop some
residential property on Galpin Blvd. adjacent to my personal residence. I
' haven't built on that yet.
Councilman Workman: Are you moving all that from there to here?
Dave Stockdale: I'm moving somewhere. I'm moving from Minneapolis either to
the property adjacent to my house or to Audubon Road.
' Councilman Workman: So you haven't moved to Galpin yet?
Dave Stockdale: No. There's a fair amount of construction involved in that.
' My preference to put it in an area zoned appropriate for the use. I get some
higher funding costs on the property probably because of the zoning. I already
own free and clear the other land so there's the balance.
' Councilwoman Di.mler_ : If there's no further questions, do you have more
questions Tom?
' Councilman Workman: No.
Councilwoman Di.mler_ : In order to move this along, we have a motion on the floor
[77
that's been seconded. I would recommend or suggest that we defeat that one and
then go through another motion to send this to the Board of Adjustments and
' 14
City Council Meeting - June 12, 1989 '
Appeals.
Mayor Chmiel: Or would you just assume withdraw your motion?
Councilman Boyt: Sure.
Mayor Chmiel: And would you withdraw your second? '
Councilman Boyt: I'm trying to remember what the motion was. I didn't remember
one being there. '
Councilman Johnson: We don't have a motion and a second on this one. That was
on the last issue. There's no motion on this one yet.
Mayor Chmiel: Yes there was. There was a second. Tom had the first one. He
seconded Bill's and then that was withdrawn and then he made the motion again.
You seconded that.
Councilman Johnson: We passed that one. That was the last time.
Councilman Workman: That was Chanhassen Hills.
Councilman Johnson: It doesn't matter. I'll withdraw my second. '
Mayor Chmiel: Thank you. Do I hear a motion on the floor?
Councilman Johnson: I'd like to say one more thing on discussion here. The II
removal of this as a horse ranch. No horses will be kept here anymore right?
Dave Stockdale: No.
Councilman Johnson: Because that should be a condition here too. This also
removes one source of pollution to the Riley chain of lakes which is an addi.
ti.onal advantage of bring this in here. Those horses are going to move to the
next town over, Victoria and Victoria will have them fertilizing. So I think
this is an improvement in that respect. The City is gaining something by Jim
moving his horses and the City's gaining something by not constructing out on
Galpin. I really still think that he deserves not to, I'd like to say concrete
curb and gutter when Opus develops maybe... When Lake Drive East is put in or
that type. Or when this is subdivided because this will probably get subdivided
or another use eventually. When Lake Drive West comes in. ..
Councilwoman Dimler: It's already in the ordinance isn't it?
Councilman Johnson: No. See I don't have, in this case, isolated by itself but
when further development occurs out there, it should meet the same criteria as
the new development has to have. That may be 2 years, it may be 4 years but I
think it's premature to do it right now because what we're talking about is a
horse farm. And the horse farm is going to have the horses removed and a
cleaner industry put in as long as he doesn't spill his fertilizer.
Dave Stockdale: We don't handle those products.
Mayor Chmiel: Let's move this one. '
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0151
a -City Council Meeting - June 12, 1989
' Councilwoman Di_mler, Councilman Workman seconded to refer the Conditional Use
Permit request for a contractor's yard and screened outdoor storage for Dave
Stockdale to the Board of Adjustments and Appeals. All voted in favor and the
motion carried.
Councilman Boyt: I would request that they receive a copy of the relevant
' Minutes.
E. PRELIMINARY PLAT APPROVAL REED'S ORCHARD RIDGE, GARY REED.
Councilman Boyt: When we discussed (e) and you might have seen it in your
' Minutes, there was a condition of development that would require an 8 foot wide
trail over the existing road. I don't see that drawn in on the subdivision map
and I think it needs to be, we need to put a condition into our approval of the
preliminary plat that requires that that 8 foot wide pathway be included.
Remember that Gary?
Gary Reed: I remember that but that was part of HSZ development.
Jo Ann Olsen: That's already been provided.
Gary Reed: It's on their map which has already been approved I think.
Councilman Boyt: Doesn't it come out the end of the cul-de-sac here? Have
I got that turned around?
Councilman Johnson: Where the cul-de-sac starts is 64th Street. It runs up
that property line.
' Councilman Boyt: And that's all on their property Gary?
Gary Reed: Being that we vacated the street, it would probably go back,
probably include it on both properties.
Councilman Johnson: I think we should check to see if it was a condition of the
' vacation. If it was a condition of the vacation, then that should be on both
properties. Part of the property you gain and the part of the property they
gain. If it was a condition of the HSZ site approval, then they're totally
' responsible for it. But it was a condition of one or the other. We vacated the
property and we approved it and I don't remember which it was a condition of.
Councilman Boyt: That was my only concern was I just wanted to be sure that we
had that trail on whichever land plat it needed to be on.
Gary Reed: I know it's still on Roger's.
Jo Ann Olsen: I checked with Lori. too. We already have it.
Councilman Boyt: Okay, very good. I would move approval of item 1(e) .
Councilman Johnson: Are you going to put a mention of the trail, a condition
that the trail should be looked into to insure that it doesn't have to be on
11 this property?
1 16
(.. 1TY OF C. DATE: May 17, 1989 , II
� C.C. D
CUAAZE7 CASE UP 89-2
C S C 89 2
Prepared by: Olsen:k
STAFF REPORT
. 1
PROPOSAL: Conditional Use Permit for a Contractors Yard
and Screened Outdoor Storage on Property Zoned IOP
_ty
0 LOCATION: 8301 Audubon Road _
•
u_. APPLICANT: Dave Stockdale
Q 7210 Galpin Blvd.
Chanhassen, MN 55317 ----
I i
PRESENT ZONING: IOP, Industrial Office Park
ACREAGE: 7 . 47 Acres I
DENSITY:
ADJACENT ZONING
AND LAND USE: N- IOP, Public Works Building
S- IOP, Vacant
��.. E- IOP, Vacant
0 W- IOP, Audubon Development Sites , Inc . "
W WATER AND SEWER: The site is within the MUSA Line.
PHYSICAL CHARAC. : The site is currently used as a single
family residence and a horse barn. The
majority of the site is pasture.
2000 LAND USE PLAN: Industrial I
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MI
Stockdale Conditional Use Permit
May 17 , 1989
Page 2
APPLICABLE REGULATIONS
Section 20-1191 requires a 10 foot strip of land between abutting '
right-of-way and vehicular use areas including one tree per 40
feet and a hedge wall or berm of at least 2 feet.
Section 20-1192 requires interior property lines to be landscaped '
with one tree per 40 feet.
Section 20-1211 requires interior landscaping for vehicular use
areas .
Section 20-1178 requires that all trash disposal units be
completely screened on all sides .
Section 20-1125 requires one parking space for each 1, 000 square
feet of gross floor area up to 10, 000 and one additional space
for each additional 2 , 000 square feet, plus one space for each
company vehicle. For office buildings , 3 parking spaces for each
1 , 000 square feet of floor area is required. '
Section 20-1123 requires industrial district parking areas and
access drives shall be paved with a dust free all-weather surface
with property surface drainage and concrete curb.
Section 20-812 allows office and warehouse uses as a permitted
use in the IOP District. 1
Section 20-814 allows contractor ' s yards as a conditional use in
the IOP District. The definition of a contractor ' s yard is "any
area of use of land or vehicles, equipment and/or construction
materials and supplies commonly used by building excavation,
roadway construction, landscaping and similar contractor' s are
stored or serviced. A contractor' s yard includes both areas of
outdoor storage and the areas confined within a completely
enclosed building used in conjunction with a contractor' s yard. "
REFERRAL AGENCIES
City Engineer See Attachment #1
Fire Inspector See Attachment #2
BACKGROUND
On July 25 , 1988 the City Council approved the site plan for an
office/warehouse facility for Merit Heating and Cooling. The
site plan was approved with the following conditions : I
1. A time schedule on improvements to the site be provided for
staff and City Council review.
I . _ I
' Stockdale Conditional Use Permit
May 17 , 1989
Page 3
2. All driveways, loading docks , and area under the dumpster be
paved with asphalt and provided with asphalt curbing.
3 . Provide required landscaping requirements and proper
screening of the trash enclosure and proposed dock area.
4 . There shall be no outside storage permitted.
' 5 . The applicant shall submit a preliminary plat application
within one year (July, 1989 ) .
6 . Comply with conditions of Building and Fire Inspector.
' 7 . The applicant shall submit for approval by the City Engineer
a grading, drainage and erosion control plan prepared by a
registered engineer prior to final approval.
8 . The applicant must connect to sewer and water once it becomes
available to the site.
' 9 . The applicant must receive any necessary variances to the
Zoning Ordinance.
' The applicant withdrew the proposal prior to any alterations to
the site and has since relocated to the Chanhassen Lakes Business
Park.
ANALYSIS
The applicant is requesting a conditional use permit for a
contractor ' s yard and screened outdoor storage located on 7 . 5
acres of property zoned IOP. The applicant currently has a con-
ditional use permit to locate his business on Galpin Blvd. As
with the past proposal on the subject property, the applicant
will be using the current buildings and existing features of the
' site until the property is developed into industrial sites in the
future. The existing farm house, barn, garage, tack barn and
chicken coops will be used for office, cold storage and garages .
The occupants of the site will be five office staff and a field
' crew of between 12 and 15 persons . Of the 12 to 15 crew members,
only 4 to 5 will be reporting to the site each day.
The applicant will be using the existing septic system to provide
services to the office and staff. A letter has been submitted
stating the septic system is in good working condition. The
applicant is proposing to blacktop the existing gravel vehicular
area and is not proposing any curbing at this time. The appli-
cant is proposing to install a six foot high wood privacy fence
and a retaining wall around the parking area behind the barn/cold
storage area and in front of the driveway servicing the cold
storage area for screening from surrounding properties . The
Stockdale Conditional Use Permit
May 17, 1989 1
Page 4
applicant is also proposing an outside storage area located east
of the existing residence/office. The outside storage area will
be gravel and will be surrounded by a 6 ft. high wood privacy
fence.
As with the original proposal for Merit Heating and Cooling,
staff reviewed the proposed site improvements in relation to
the required improvements for the IOP District. The applicant is
providing pavement for the vehicular areas which is in confor-
mance with the ordinance. They have not shown curbing which is
required as part of the ordinance. The applicant is providing
screening of the vehicular areas by using existing vegetation and
new retaining walls. The dumpster is also being adequately
screened by a retaining wall and the outside storage being
screened by a 6 ft. high fence.
Since sewer and water is not available to the site as of this
date, staff is not requiring them to hook up or provide the ser-
vice to the site. The existing drainfield has been reviewed in
the past by the City' s consultants and has been determined to be
acceptable for the use that is being proposed. Staff is recom-
mending that a second drain field site be located and approved
prior to final approval of the site. Once sewer and water is
available to the site, the applicant will be required to connect ' II
to the municipal system. The applicant is providing additional
lighting for the site in conformance with the requirements of the
ordinance. The driveway servicing the site from Audubon Road is
being improved to 16 feet wide as was a condition for approval
for the original site plan.
RECOMMENDATION ,
The proposed site plan is meeting the requirements of the
Ordinance, except for the requirement of curb and gutter. Curb
and gutter helps direct drainage and provides stability to the
vehicular access .
Staff is recommending that the Planning Commission adopt the '
following motion:
"The Planning Commission recommends approval of Conditional '
Use Permit #89-2 as shown on plans dated April 28, 1989
with the following conditions:
1 . All outside storage shall be stored totally screened
within the outside storage area.
2 . The driveway shall be constructed a minimum of 16 feet '
in width and shall be paved.
' Stockdale Conditional Use Permit
May 17, 1989
Page 5
3 . All parking areas shall be paved and surrounded by
concrete curb and gutter in accordance with Section
20-1123 of the Chanhassen Zoning Ordinance.
' 4 . The applicant shall submit for approval by the City
Engineer a drainage and erosion control plan prior to
' final approval.
5 . At such time as public sewer and/or water is available
to the site, connection to the municipal system will be
required and appropriate fees and assessments paid. "
PLANNING COMMISSION ACTION
' On May 17, 1989 , the Planning Commission recommended approval of
the conditional use permit for a temporary office, shop and yard
' work and outside storage with the following conditions:
1 . All outside storage shall be stored totally screened
within the outside storage area.
' 2 . The driveway shall be constructed a minimum of 16 feet
in width and shall be paved.
' 3 . The applicant shall submit for approval by the City
Engineer a drainage and erosion control plan prior to
' final approval.
4 . Dumpster shall not be placed within 5 feet of combustible
walls , openings or combustible roof eave lines .
1 5 . At such time as public sewer and/or water is available
to the site, the applicant shall be required to pay the
' appropriate fees and assessments paid. However, actual
connection to the site will be required at the time the
property is subdivided or expansion of use occurs on the
' site.
6 . All parking areas shall be paved. However, curb and
gutter will not be required if the applicant gives up
' his present conditional use permit unless the City
Engineer determines or experience demonstrates that curb
and gutter is needed to prevent an erosion problem.
Ellson was opposed because she felt that it should meet all of
the conditions of the IOP District.
' CITY COUNCIL RECOMMENDATION
Staff still feels to be conoistent with required improvements in
the IOP District, that curb and gutter should be required.
a '
Stockdale Conditional Use Permit
May 17 , 1989
Page 6
Staff recommends that Conditions #3 and #5 of staff' s recommen-
dations
should be maintained as conditions of approval instead of
Conditions #5 and #6 of the Planning Commission action. Staff
recommends the City Council adopt the following motion:
"The City Council approves Conditional Use Permit #89-2 as shown
on plans dated April 28, 1989 , with the following conditions :
1. All outside storage shall be stored totally screened
within the outside storage area.
2. The driveway shall be constructed a minimum of 16 feet
in width and shall be paved. ,
3 . The applicant shall submit for approval by the City
Engineer a drainage and erosion control plan prior to
final approval.
4 . Dumpster shall not be placed within 5 feet of combustible
walls, openings or combustible roof eave lines . ,
5 . All parking areas shall be paved and surrounded by
concrete curb and gutter in accordance with Section •
20-1123 of the Chanhassen Zoning Ordinance.
6 . At such time as public sewer and/or water is available
to the site, connection to the municipal system will be
required and appropriate fees and assessments paid. "
ATTACHMENTS
1. Memo from City Engineer dated May 9 , 1989 .
2 . Memo from Fire Inspector dated April 26 , 1989 .
3 . City Council Minutes dated July 25 , 1988.
4 . Letter from Patrick Sullivan :, ted June 23 , 1988.
5 . Letter from applicant dated April 9 , 1969 .
6 . Application.
7. Planning Commission minutes dated May 17, 1989.
I
ti
CITYOF
1 AN EN
_,
_Y-S 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
1 MEMORANDUM
TO: Planning Commission `
lam` l�
1 FROM: Gary Warren, City Engineer Y')
DATE: May 9 , 1989
ISUBJ: Conditional Use Permit for Temporary Office, Shop and Yard
Edgework Builders , Inc.
1 File No. 89-9 Land Use Review
This site is located on the east side of Audubon Road and just
I
south of the Soo Line Railroad. This 7 . 0 acre site has been used
as a hobby farm by James and Roseanne McMahon.
ISanitary Sewer/Watermain
At the present time City utilities are not within close proximity
I of the site; however, the upgrading of Audubon Road from Trunk
Highway 5 to the railroad line this year will provide water to
the northerly portion of this property.
I Sanitary sewer and watermain services have also been proposed to
be extended to Audubon Road via the Lake Susan Hills 3rd
Addition . Since this development and platting process has not
I been completed, it is expected that utilities will not be
available until some time in 1990 .
I For the present, the applicant will be required to prove that the
existing septic system will handle all project demands. In addi-
tion, this site should be treated as a rural site and a second
septic tank site should be located in case of failure to the
Iexisting system.
If the septic system is permitted, the applicant shall agree to
I connect up to sanitary sewer and water services as soon as they
are available to the site.
Access
I
The existing residence is serviced by a gravel driveway which is
approximately 12 feet in width. Based on the proposed use, truck
I traffic can be anticipated. Section 20-1123 of the City ' s Zoning
Ordinance states that all parking areas and access roads be paved
with an all-weather surface with concrete curb and gutter.
I
f;7T N n� ANT Ac °-/
ma
1
Planning Commission
May 9 , 1989 -
Page 2
In addition, the driveway access should be a minimum of 16 feet
in width. This would be the absolute minimum driveway width that
would support two-way traffic.
Grading and Drainage
The proposed plan indicates a minimal amount of grading to
construct the parking lot and/or driveway surface. The plan does
not address any form of retention such that the predeveloped
runoff rate is maintained. A revised plan which addresses this
issue should be submitted to the City Engineer for approval prior
to final approval .
Erosion Control
Similarly, the plan does not address erosion control . A drainage
and erosion control plan should be submitted prior to final
approval.
Recommended Conditions '
1 . The driveway shall be constructed a minimum of 16 feet in
width and shall be paved . ,
2 . All parking areas shall be paved and surrounded by concrete
curb and gutter in accordance with Section 20-1123 of the
Chanhassen Zoning Ordinance.
3 . The applicant shall submit for approval oy the City Engineer
a drainage and erosion control plan prior to final approval .
4 . At such time as public sewer and/or water is available to
the site, connection to the municipal system will be
required and appropriate fees and assessments paid.
Attachments
1 . Letter from Sullivan Services, Inc . dated June 23 , 1988.
2 . Location map.
'i
CITY OF
CHANHASSEN
�_xs 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
1 MEMORANDUM
TO: JoAnn Olsen, Assistant City Planner
' FROM: Mark Littfin, Fire Inspector
1 DATE: April 26 , 1989
SUBJ: #89-2
1
1 Comments and recommendations :
1. Dumpster shall not be placed within 5 feet of combustible
wells , openings or combustible roof eave lines .
1
1
1
1
1
1
1
1
1 ATT CNNA.f CA 7 :
_ City Council Meeting - Ju 25, 1988 • I
CONDITIONAL USE PERMIT REQUEST FOR RELOCATION OF OFFICE WAREHOUSE AND
-CONTRACTOR'S YARD ACTIVITIES TO PROPERTY AT 8301 AUDUBON ROAD, MERIT HEATING AND 9
COOLING, INC.
Jo Ann Olsen: The applicant is requesting a conditional use permit to relocate
their business from the Industrial Office Park to a site just off of Audubon
Road south of the railroad tracks. The current locations is a horse farm. The
site is in the IOP district and also within the urban service area. It does not
have sewer and water service available yet to the site. It would have to be
extended. The applicant is proposing to use the existing buildings on the site.
The barn and the tack...it is called for their business and use the existing
house as the office. They are proposing to expand and possible subdivide the
property in the future and they do not want to make improvements to the site
that are typically required as far as site plan approval for an industrial use
at this time. Staff recommended that they provide us more detailed information
on the future proposal and we did receive this plan from the applicant. This is
the location of Audubon Road showing that actually the site would be totally
changed and doing any improvements to it now would be a waste of money. The
Planning Commission recommended denial of the conditional use permit. They felt
that the Site Plan does not meet the conditions of the ordinance. They felt
uncomfortable with approving a temporary use of the existing site.
Mayor Hamilton: Steve, did you have anything you wanted to add to the staff '
report?
Steve Berquist: I'm Steve Berquist, one of the owners of Merit. Since the
Planning Commission meeting, I think it was a day previous to the Planning
Commission meeting we also submitted a tentative plat and a lot layout of the
subdivision property. Was that included in the packet?
Jo Ann Olsen: No. I never received a copy. The only copy I saw was the one
Bob brought to the Planning Commission.
Steve Berquist: According to that thing, I look at that thing on the overhead
and I drew that thing over a weekend after Jo Ann had called and said well you
better have some kind of plan for future development or, to paraphrase, you
don't stand a chance. So I look at that thing on the overhead and it's a pretty
rough plan. What we had done in the meantime and what we did prior to the
Planning Commission meeting was we worked on some tentative subdivision ideas
with the intent being to try and provide some minimum con-mercial spaces for sale
within the industrial park. Meaning a 1 acre lot ordinance and in essence
providing land available for businesses such as ourselves that weren't really
eager to become landlords but we wanted to get into our own space. We didn't
want to be tenants any longer. So we worked on that and we came up with this
and I thought that Jo Ann had a copy of it and I was hoping that it might have
been distributed. It certainly can be at some point in time. This layout meets
all the criteria that the City of Chanhassen wants for a lot size minimum,
frontage setback and so on and so forth. This would be our tentative plan at
this point. Originally the outline that I tried to follow when I put my
application together asked me for what our plan was over a time table and in
[111
that I eluded to 1991 not really knowing whether or not 1991 was going to be too
far down the road, too soon down the road or right on the money. As I said at
the Planning Commission meeting, I can not tell you what is going to happen
economically to Chanhassen. I can't tell you what's going to happen
40
An-RC/MOO- lk3
City Council Meeting • 2
_ r_y 25, 1988 i �
' economically when the new administration comes in and saying yes, we're going to
bring in sewer and water in 1991 through the. .. property and develop it, if
that's what you want to hear, I have a real problem with saying things that
II ' I know are not necessarily going to be the truth. I use 1991 as a rather
arbitrary date with the intent being to do it sooner. As I told the Planning
Commission, putting our company into the existing facility is like putting a
II . size 12 foot in a size 9 shoe. It won't work for long. I'm really a little bit
worried about it working for much more than a year so depending upon what
happens today, we fully intend to renovate the house, put our office in it. Do
I a minimum amount of work to the barn. Put our warehouse in it and then proceed
along the line outlined by the Planning Staff and see just how feasible bringing
sewer and water is in this particular project. There are some things that have
II ; taken place and there are some things that are about to take place from a
planning standpoint which will dictate whether or not we are going to be able to
bring sewer and water in at any time in the foreseeable future. The foreseeable
future being about 1 year. If that is the case, then we fully intend to develop
I land within that year and what I would like to do is get the thing developed,
split up and build outselves our building and be occupying it by January of 1990
with lot sales could carry...
IMayor Hamilton: Steve, I'd like to ask you to, maybe you could give us the plat
so we could take copies of it. I'd just like to have the Council look at it so
I they have some idea what you're eluding to. See what he's done is divided the
7. whatever acres into 6 lots which are all an acre or better.
1 Steve Berquist: Here's the railroad right here. Here's all the road. Here's
III the existing farmhouse approximately right here. The existing barn would fall
upon this lot line. This is Opus. This is land owned by Opus. This is land
owned by Opus. You can see that we put a road through here with the possibility
I of carrying it through the rest of the IOP area. If you look at the square
footages of the lot, they are right at slightly more than an acre so they
provide good space for small businesses to buy land and put a building up. I
I think it's a good idea the more I look at it.
Mayor Hamilton: It's a nice plan. If you could leave that with Barb so they
could copy it.
I ,• Steve Berquist: So anyway, that's where we're coming from. We wanted to g et in
for a, get in and occupy for a minimum amount of dollars we're spending
II considering the fact that whatever money we spend now is going to be, when we
_ - demolish this, is going to be wasted. Our intent was to go in and bring the
- house up to code as far as commercial buildings code. Bring the barn up to
whatever code the City wanted it to meet and work.
1 Councilman Boyt: I think this is a good example of somebody trying to make
something work and it reminds me of the Merle Volk property down south of us.
I This is a challenge in that you're the kind of business that I think the City
would probably like to nurture along and you're in a location in which the
HRA really can't reach you to nurture you. It would seem to me that although it
IL doesn't help the current property owner, you might want to be talking to the HRA
about how they could help you locate in the business park. What kind of special
assessment reduction agreements they might be willing to agree to and this kind
of thing. To the particular issue at hand, I'm interest to see how this works
IIout tonight. I think that putting a sewer in might run about $50,000.00 is the
II 41
City Council Meeting - Ju '` 25, 1988 II A.
estimate that I got. It seems that the Planning Commission was awfully-clear in II
saying that this set a very difficult precedent for development in this kind of
1
area for the future. I think that's what made them relunctant to do it and it
makes me somewhat relunctant to say on the one hand to someone who would develop
in our business park or other developers in this area that we hope come in, no
you have to asphalt things and curb than and sewer than and on and on. I will
admit to being in a quandry. We do need to have a place in town that can II
nurture businesses. The HRA may be able to do that. I'm not sure that this is
the place to be the first one in which we do nurture a business. I'm looking
for some guideance and insight from some of the others.
II
Councilman Horn: My interpretation of why we created the contractor's yard I
think is slightly different than I heard here tonight. The reasoning that I
recall we put it in for was for small businesses that needed a lot of space and II
space in the industrial park was much too much at a premium for than to
economically stay in business. It wasn't, as I understood it, a means to allow
somebody the chance to move out of the industrial park into another area that
II
might be the next tier of the industrial ring. That's what zoning is all about
in my mind so I'm having trouble unless I'm missing something in this report,
finding out the justification for this of why it makes sense from a planning
I
aspect to move an existing business out of the park and put than into an area
where it really doesn't fit without special permits. Conditional use permits
and things so it seems to me that this wasn't the original intent of a
contractor's yard unless my memory of that is wrong. That's all the comments II
I have.
IICouncilman Geving: I could certainly see why you'd want to not be a tenant any `
longer and move into something of your own that you could build upon and
r_
develop. I'm sure that this City Council could put all kinds of obstacles in
front of you to prevent you from developing this in terms of ordinances, hook-up
II
to city sewer and water, forcing you to put in concrete curbs and gutter and
pave the area and I'm not so sure that's really necessary. I think there is a
need for a small business like yours in the community that wants to make a
transition into an area that's now used as a horse farm and a single family II
residence. I think that will get developed eventually and maybe you'll be the
people that will do that. I see nothing really wrong with your proposal. My
problem is how much are we willing to give in terms of not making the hurdles
II
for you like the paving issue, the curb and gutter, the hook-ups for the sewer
and water. I think that will be very, very expensive and probably prohibit you
in fact from developing these properties if those were some of the conditions
that we placed on approval for this tonight. I see this particular piece of II
land in a transition stage. It's going to get developed. Whether you do it or
someone else down the road. It's the next tier as far as I'm concerned to add
to our industrial park. It's a nice piece of property. It is accessible to
II
sewer and water. It's within our MUSA line and I don't see this really very
much different than what we did with Charlie Kerber's old house on TH 5. There
was an existing barn there. There was an old farmhome and we decided that it I
was good, on a temporary basis, to move a small office type operation in there.
I think they have maybe 12 employees total and they're utilizing that very
nicely. There's no big concern of the City. It's a very small business and I
would say that I'm in favor of this project. I'm in favor to the point where if ii
we could work out some of the details that I mentioned and not have Steve going
through all the hoops but that we do have a plan from you Steve, a time table
and a plan like we saw you give to Barbara here, maybe you do have a time table
42 I
,,,- Qee1s
-
II r City Council Meeting -, 1 25, 1988 2 ,T
Iuntil 1990 or 1991 in what you would like to do. Obviously you're showing us a
plan tonight that's different than the plan that the Planning Commission saw and
it would be only fair for them to see your plan again if you do in fact have a
I new idea. I think what they're looking for, what we're all looking for is a
time table, in writing, a time table that shows what you'd like to do as you
I progress now in the next couple of years. I'm in favor of this proposal but it
needs to be refined and it needs to be honed to the point where I'm satisfied
that the sewer and water and all those issues are pretty well spelled out. I
II like what I see and I think that there is a need for keeping Merit Heating and
anybody else in the community and if we need to do something to help him along
to make that happen, I'm in favor of it.
I Councilman Johnson: I think it's interesting you bring up Kerber's out there,
the little place because there's a contractor's yard being operated out of there
without a permit called Admiral Waste. They're now headquartered in there.
II They got permission to build someplace else, I don't know what's happening. I
think they're happy where they are now on TH 5. I don't know what's going on
there. I do not think a conditional use permit is required. I think this is
not a contractor's yard. This is a trade shop. I tried to find the definition
I of a trade shop. It's not in our rules. It's not anywhere. The closest thing
I could find was a trade school. A trade school is where his employees go to
learn how to do what they do so I define a heating contractor, an electrical
I contractor, the skilled trades as we call it. In the industry if you talked
about a trade person, that's your electrical, your millwrite, your sheet metal,
all these type people. They are a trade shop and this is a permitted use within
the IOP so I don't think we even need a conditional use permit. That we're
III doing just a site plan review here. I would like to see a time schedule on
this. I don't think the sewer and water issues are just totally blown out of
proportion here in that we have 18 employees of which most of there aren't on
II site most the time who are drinking coffee. The use of the sanitary sewer
system, the septic system is going to be considerably reduced over the teenagers
and Jim McMahon's, the rest of his kids and his wife and his 30 or 40 horses
I that he waters out there. I think eliminating 30 to 40 horses off that site
will help Lake Susan and the other lakes that are tributary to Jim's property.
I see some good reasons for eliminating the horse farm in this area. If we had
- a choice of what we wanted to have in our industrial park, a horse farm or a
I heating ventilating contractor, somehow you feel the heating ventilating
-contractor is more logical in the industrial park. I believe there is going to
='be one thing that's going to be increased and that's traffic. Traffic is going
II to be considerably increased. You've got 18 people coming in in the morning,
- pick up the trucks, leaving. We're going to have a lot of trips per day going
- in and out and I don't think that small rock driveway is appropriate for that so
- in this case on complying with asphalting of the driveway and the parking areas,
I I believe that is a necessary requirement. I don't want the driveway to get so
wide that it affects and possibly kills the line of trees on both sides of that-
driveway. To put in an asphalt driveway 16 foot wide and end up killing 30 tall
II pine trees would be ludicrous and we need to make sure our forester reviews this
site also as to what width of driveway we can put through there but I don't
believe 12 foot is appropriate for the traffic going in here. If 16 foot, which
IL__ is 2 foot added to either side, I don't think that's, probably 16 foot would
fit. As far as curbs, I would like to see this done either without curbs or
with asphalt curbs because I believe the access to Powers Blvd. is temporary.
That future access will be off of an internal road coming out of Opus so we're -
' going to force him to take that access off of Powers Blvd. because this is only
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City Council Meeting - Jul -15, 1988 II
II
until the future Lake Drive East? West, will came through. I would like to see
a preliminary plat filed within one year and final plat. I think this is our
time constraint. I think in order to approve this, we're actually approving
several variances and the variances on the curbing would be the one. I'd like
to see that one of the conditions is that we give him a time schedule to have a
plat in here. Not a sketch or a drawing or something in the future but we want,
I
if the plat isn't in here by the end of the time schedule, they're looking for a
new place to go then. Whether that's a year or a year and a half or two years
for preliminary plat is debateable. I think a heating ventilation contractor is
II
a necessary person in the City of Chanhassen just like any other service to our
citizens and we definitely don't want to force these folks out of our town.
They live here, they work here, let's keep then here. Another condition I would
throw on here is no outside storage of parts equipment other than service
II
vehicles would be permitted. We're not permitting any outside storage for this
other than the dumpster that's going to have to be enclosed anyway. I'm glad to
see that they're talking about getting a lugger to haul away their stuff instead
II
of sitting out back like it currently is. I know I've harrassed staff a few
times on the old furnances and stuff.
Steve Berquist: We've had a roll-off for a few months and it works real well. I
Councilman Johnson: Those are my comments. I'm in favor of something inbetween
what they want and what staff wants. I'd like to hear whether I'm right or
II
wrong on this being a permitted use. I think it will probably end up over in
Roger's court eventually.
Mayor Hamilton: I don't see this as a temporary use as was mentioned in the
report. It's a permanent business. They've been in business in this community
for a period of time already. They're buying a piece of property to move their
business onto and in doing so they want to then finish platting the property as
II
a function on that property and then continue to operate on there. I also don't
see it as a contractor's yard. I think Jay had a very good point. This fellow
is not a contractor's yard.
II
Councilman Johnson: It's a trade shop.
Mayor Hamilton: It's a trade shop. It's not a contractor's yard at all. It's I
a part of the industrial park and it's appropriate that we get the residential -
portion of the industrial park finally gone and out of the industrial park and
have industrial uses in there. The applicant has said he's willing to plat the
II
property, which he already has shown us a plat which unfortunately we didn't get
in the packet but he has put some thought to it. He has platted it. It's what
he perceives is going to happen with the property but again you never know
II
what's going to happen to anything. Somebody may come in and offer to buy four
of his six lots and change the use of it but we do have a plat and it gives us
some idea of the direction he's trying to go. The sewer and water uses need to
be looked at to find out when, and I don't think Steve knows and I don't think
II
staff knows, when the sewer and water might be available to that property. I
don't think it's fair, at this time, to tell Steve and his company that you have
to run sewer and water to your property at an exorbinate expense when not too
III
far down the road, perhaps in a year as McGlynn and the other people develop
across the street from this property, as more development comes in from the
east, sewer and water is going to be available and then they can hook into it tii
and continue to develop the property. I see it as a great opportunity for that
44 1
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City Council Meeting fly 25, 1988 'y r
piece of the industrial ark to continue tinue to develop on a continuing basis. No
longer do we have a horse farm there and I think if they do a little bit of
screening and sprucing up of the place which Steve has said he'll do. He'll
paint the house and the barn and paint things up a bit, it's going to be a
better looking part of the industrial park. I agree with Jay on several items.
I I think we need a time table. We need a plat. If we say within a year or two
years or whatever is a reasonable length of time although you already have the
plat so that can be submitted as we already have it. You can do same screening
II on the property of the dumpster and whatever else is required. I don't see any
reason why he needs to pave his road at this time. If he puts Class V down,
widens the road a bit and makes a Class V parking area, that should be adequate
for right now until he continues to develop the property. I think it's a good
I use of the property. I'm glad to see someone interested in coming in and
working with the property and as they're on there, we don't have to worry about
vandalism or just knocking things over. I think it's a good use and I'm all in
IIfavor of it 100%.
Councilman Geving: Tom, can I ask you two questions? How do you feel about
I this going back to the Planning Commission for them to look at the new plan?
The one that they haven't seen yet. Plan B.
Mayor Hamilton: I would like to approve this with conditions and then pass it
II back to the Planning Commission for their comments and perhaps any additional
conditions they may want to put on but I think we need to get a clear indication
to the property owner and to the applicant as to whether or not they can move
IIi ahead with this project. I know Steve is under a time constraint to get out of
the building he's in and that's a real concern.
Councilman Geving: I think the question I ask is an important one from a
I planning standpoint. They have a responsibility and I think that they have a
right to see this plan but I agree also with you that we should give Steve an
indication tonight that this is either a no go, a go, a maybe so he can start
I planning and the person he's negotiating with this property for so they know
what could happen. How do you also feel about this item on the feasibility to
be conducted to determine the best way to get sewer and water to this property?
I Is that premature? I would say that's premature until we settle how we're going
to handle the total property itself and that can come later. Do you agree with
that?
II Mayor Hamilton: I think it's premature too and I think the staff needs to look
at what's happening with the McGlynn property and I'm not familiar with all the
sewer and water runs and where it's at down there but I think we need to have
1 that information given to us as to where everything is. I'm not even sure that
Steve knows how he could access sewer and water and what the costs might be so- I
think we need to have more information about it.
I Gary Warren: The purpose of the feasibility, you just described what a
feasibility study does. I think as a minimum, that there should be some
conditions that if, whatever combination of reasons that the sanitary sewer and
water does become available, that this property be required to hook into it.
Mayor Hamilton: Oh yes.
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Councilman Geving: And then the other question I have, and I guess that-would
be of Barb, if the Planning Commission had viewed this as several councilmembers
did tonight, that this activity is a trade shop and not a contractor's yard,
would that have made any difference to the Planning Commission?
Barbara Dacy: No. If it's a permitted or a conditional use, you're still
dealing with the same standards.
Councilman Geving: And they were still looking for a plan? They were looking
for a time table. 1
Jo Ann Olsen: They saw the preliminary plat. They brought it and showed us a
copy. '
Councilman Geving: But apparently it was not an official part of the packet.
Jo Ann Olsen: They did not feel that was adequate. '
Mayor Hamilton: It's an architect's drawing. I don't know how more official
you can get than that. '
Barbara Dacy: The issue still is, whether or not the Council wants to approve
it as proposed or if you do want to establish a time line on the proposal as is.
Whether they submit a plat drawing is not germane right now. ..able to expand.
Mayor Hamilton: I'm going to move approval of the, I guess it's a request for a
conditional use and I guess you and I agree that it's not a conditional use. '
Councilman Johnson: Their actual request said Site Plan Review and it got
changed to Conditional Use Permit by staff's insistance I believe.
Mayor Hamilton: I still don't see it as a conditional use either because it's a
use in the industrial park. 1
Barbara Dacy: Fine. That's fine. Then your motion should say, as a permitted
use.
Councilman Johnson: We're doing a Site Plan Review then?
Barbara Dacy: Right.
Mayor Hamilton: Okay, I'm going to move for approval of the Site Plan Review
for relocation of an office/warehouse to the property located at 8301 Audubon
Road, Merit Heating and Cooling, Inc. with the conditions that a time table be
established as to how they propose the property to be developed and how you see
your facilities changing. To improve the driveway to widened it to probably a
minimum of 12 feet using Class V for the road and the parking area. To screen
the dumpster area and to do any other screening that staff may feel is necessary
to improve the site. To submit a plat within one year of how the property is
going to be developed from this point. That there be no outside storage.
Councilman Geving: How about (c) here Tom?
46 '
City Council Meeting 'y 25, 1988 0 0
A.
IMayor Hamilton: Yes, comply with the conditions of the Building and Fire
Inspector.
ICouncilman Johnson: The feasibility study?
Councilman Geving: I think the feasibility study will come later.
IMayor Hamilton: Yes, I think that could almost be generated by the staff. I
guess I'm really wrestling with how, I know that sewer and water. Well, I guess
II Gary's idea was when sewer and water becomes available that the property be
required to hook up to it.
Councilman Geving: Let's make that a condition.
IGary Warren: One correlary I guess that we would have here, at least in m
experience, with the Burdick ro
p petty and the James property where we did not
I have sanitary sewer pumps at that time to service that property, we added a
condition on that developer that he not develop until the City had proceeded
with evaluating and had satisfied how we were going to get trunk sanitary sewer
Ito that property which generated a public improvement project which of
course...feasibility study. That certainly is an option here at this time
similar to what we've done with Lake Drive East and others is that Council
authorized a feasibility study to look at trunk sanitary sewer service for this
I site.
Mayor Hamilton: I guess I see that as a little different property. You're
I I talking about property on the main street of the City that you know is going to
develop sooner. We felt it was going to be developing rather quickly. More
visible and you know there was going to be more activity there where this is a
II new part of the industrial park, as I see it, and perhaps is going to be a year
or two. We already know that up front prior to, although we might be surprised
and Steve might be surprised. I told him, you get this platted and you're going
to probably find a lot of people interested in it so if that happens, I think
1 that's going to generate the feasibility study because he's going to have to get
sewer and water.
I Councilman Johnson: In order for him to plat, he's going to have to do a
feasibility study to figure out how he's going to get sewer and water in there.
I would think that would be a condition of the platting was for us to do the
feasibility study.
IGary Warren: I believe it would be up, again to the Council, if you wanted to
make that a condition or not. You could put approve the plat without having
IIsewer and water service there.
Mayor Hamilton: That's a good point Jay. I think we should follow that.
1 Gary Warren: As long as there's some condition that the developer understands
that he would have to connect when we do come through. You've got Lake Susan
Hills West. Phasing of that could change overnight here along with what we do
11 with Lake Drive East so. ..
Y Mayor Hamilton: That's right and I think Steve's aware of that. There's a lot
'11-- of things changing out there and he's going to have to keep on top of how things
47
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City Council Meeting - Jul 5, 1988 46.
are fluctuating and how it's going to affect his property.
Councilman Johnson: So 7 would be hook up to sanitary sewer and water service
1
when available?
Mayor Hamilton: Right. That's my motion. '
Councilman Geving: I'll second it.
Councilman Boyt: I have some discussion. As I said, I was listening, trying to '
listen carefully. I think any decision should stand the test of some logic so
I've got a couple questions. First question I have is how many variances are we
granting here? '
Jo Ann Olsen: The paving...the screening and landscaping requirements, I don't
know... '
Councilman Boyt: So there's paving, sewer, the driveway, landscaping
potentially.
Councilman Horn: Erosion control?
Jo Ann Olsen: Erosion control, drainage. '
Councilman Boyt: Erosion control. Drainage. Okay, so that without Planning
Commission review I think I counted 7 variances that you're proposing that we
grant. So that was one question I had. The other question is, just so that I'm
clear, I'd like to hear how this is different than a developer who happens to
have the money to do the things we're requiring because one of the questions in
our variance is that there's something about this situation that demands
variances other than economic so I'd like to hear a bit about that.
Mayor Hamilton: Those are your questions?
Councilman Boyt: Okay. I think that's two of them and if we could resolve
those, I guess I question, everybody can enter this with good intent, what's the
guarantee? In what way is the City in a secure position here? What are we
doing to avoid ourselves from creating an industrial use that really isn't under
our control? That Steve, in spite of all good intentions, decides that this
isn't working. He leaves the property and now we've got something that has been
zoned and approved for operation and is available to other conceivable so what
kind of guarantee do we have that in fact it will be developed along the lines
that intent says would like to be. So those are my three areas of questions. ,
Mayor Hamilton: Let me try to answer some of them. Starting at the last one, I
don't think we ever get any guarantees from anybody that's going into business
in this town that they're not going to walk away from any project. 1
Councilman Boyt: We sure do.
Mayor Hamilton: No we don't. You get your 110% but that doesn't guarantee you
that the project's going to be completed.
Councilman Boyt: It guarantees you get the money to complete it.
48 '
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City Council Meeting - > r > 25, 1988 *"-4
IF Mayor Hamilton: I don't see that the City has y a any risk here since the applicant
wants to use the property in it's current state and temporary while he's
I developing the property and using it for his business. I don't see that that
puts the City at any risk at all. If it doesn't work for him and he says the
heck with it, I'm going to South Dakota, the property is stilled IOP, which it
I is today. We haven't changed that at all. Somebody else can still go in there
and pick up and develop it any way they want. He hasn't effectively right now,
let's assume he stays there for 9 months and things go to heck so he leaves
I town, so what's changed? Nothing. The property is still for sale and somebody
else can come along and buy it and develop it or attempt to make use of it as he
has. So I don't see that the City is at any risk. I feel that this is a rather
unique situation and I guess I really do feel that we need to look at each, and
II try to always do this, look at each application on it's own merit. I don't
think I've ever looked or we've ever looked at anything quite like this. It
seems to me to be a good opportunity to keep a businessman in town and allow him
II the opportunity to develop a piece of industrial property. The property's been
for sale for about 5 years. He's the only person to come along to say that he
would like to buy it and to develop it. I think that's what is different about
it. No else has come forward to attempt to do that. As far as the variances,
Iperhaps we do have to have some variances but again, I think it's a unique
situation and I don't see that granting variances on this particular property is
going to cause any hardship to the City or set any precedent. I think it's a
II very unique piece of property. I've never seen anything like it or an
application like this on any similiar type property. I think it's a great
opportunity for the City.
Councilman Boyt: Let's go back to the Volk property. We couldn't get sewer
II
there but we were talking about light industrial
uses. That got turned down.
We're losing the piece of property. It got turned down. Now we're going to
I turn around within a year and say here's a place that could get sewer but we're
not going to require sewer so a similar business can start up.
II Mayor Hamilton: They're totally different pieces of property. The Volk
property probably isn't going to have sewer to it from Chanhassen for the next
30 to 40 years. Somewhere in there. Sewer is going to be available to this.
I It's already in the industrial park. It's within the MUSA line. It's going to
have sewer in the short term. There is a major difference. The Volk property
isn't going to have it.
ICouncilman Boyt: They are similar.
Mayor Hamilton: I don't think so. The Volk property was looking more really at
I contractor's yard type uses. A paving company or well drilling or that type of
thing who wants to function in an area for a period of time until the city grows
and then they keep moving out. The same as Merle's contracting yard. As the
city grows and the growth keeps moving out, it's finally going to push him out
Iand push others like him out to go out further west where they can get their
property and buy their 100 acres and spread out and have all their equipment
sitting out and as the growth keeps going, they just keep moving. This is a
IL_ permanent use. He's going to be on this property hopefully until he dies, and
until his kids run the business. I don't see this as the same type of use at
all. It's permanent. I don't see the temporary use. It's a permanent use of
II that property.
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City Council Meeting - Ju_ ;, 1988
1
Councilman Johnson: Temporary use of the buildings.
Steve Berquist: If that was the case, there's no way we'd be paying $7.50 a
square foot for office and $3.50 a square foot for warehouse where we're at now.
If we could work out of a contractor's yard like Volk does, there's no reason
for us to be where we are now. We never would have done it.
Councilman Boyt: If we're trying to fill up a business park that we have now
and we make it as easy as possible to leave that park, are we helping the City
in the long run?
Mayor Hamilton: I don't understand your question. ,
Councilman Boyt: Well, we're taking a tenant from the office park and we're
saying let's see if we can remove the barriers to leaving that office park and
go into this IOP. That's basically what we've done and I guess the question I
ask is one of impact. Not just on this piece of property but on the business
park that loses this type of tenant.
Mayor Hamilton: I see a tenant in the business park saying I want to make a
long term investment in the city of Chanhassen. I want to buy a piece of
property. Put my business there. Own my property
y p perty and my building. There's
already, as Steve has told me, the landlord already has a person ready to rent
the space as soon as he's out of there. I would hope that as Steve develops his
property, the tenant that goes into there is going to come over to Steve and say
I want to buy one of your 1 acre lots to put my business on there permanently
and own my land. Somebody else will come in there and it's just a continual,
your a tenant, your business grows and you want to get into your own property.
I don't think it has an impact. I think it's a positive impact on the
commercial property.
Councilman Geving: In fact, I don't think it's really going to hurt our
industrial park any at all. We're actually running out of industrial park space
right now. We don't have that many lots left down there. If we could extend
the industrial park area that we've been advocating for some time to the west
and to the south, I think it's to our benefit to do it. This is the direction
we've been wanting to move for a long time. We don't have that many spaces.
Maybe Barb or somebody could fill us in.
Steve Berquist: There are 7 spaces left in the Opus Park none of which will
support a building of anything less than 15,000 square feet without subdividing
the property.
Councilman Geving: I was going to say less than 10 because when we started the -
industrial park, we have about 35 spaces in there and if we're down to 7, I
think we've done a tremendous job. There's going to be more applications
coming in. We're going to fill that thing up before you know it.
Mayor Hamilton: I think that shows you this isn't going to.. .
Councilman Geving: It's a need. There's a need.
50 ,
City Council Meeting y 25, 1988 ,'� 2 71
Councilman Horn: I've seen a rental sign for the last six months on a building
i that we can't rent out and their rates are no higher than this. I think that's
exactly why we have zoning for our industrial parks. If we feel our industrial
111 park is running out, then it's incumbant on us to create more areas that are
zoned where we don't need variances to build. I don't think this is the right
way to go about doing this. I'd like to have our Attorney speak to us about any
I type of precedent we might be setting in this area and maybe a little review on
how we can allow this type of growth and expansion to take place frcm a zoning
aspect.
IIRoger Knutson: Your ordinance has a procedure for issuing variances that you
have all gone through lots and lots of times.
I Councilman Geving: I think it's an unfair question to ask of Roger because
we're the City Council and we can make that decision.
ICouncilman Horn: I'm asking him to interpret the ordinance.
Councilman Geving: He just did. I think he just did.
ICouncilman Horn: I'd like to hear the rest of his comments if I could.
Roger Knutson: I was going to say, Dale's on the Board of Adjustments and
I Appeals and he knows more than any of us here probably how variances are
processed. As far as the precedential effect of anything, that depends. It's
always a judgment call. It's dependent upon how similar or dissimilar they are
Iito that case in point. The more similar they are, the more precedential value
they have. A precedent, in many respects, means treating people fairly.
Treating people similarly treated, similarly situated similar.
IICouncilman Boyt: But you can't use economic hardship.
Roger Knutson: As a basis for a variance, no. Economic hardship is not a basis
Ifor a variance.
Councilman Horn: I haven't heard economic hardship is a point in this case. In
II fact I haven't really heard why the move has to take place. There's nothing in
here that indicates that. It's only a desire to move.
Mayor Hamilton: That's right. What's wrong with that?
ICouncilman Horn: Nothing. I'm just saying, why do we have rules, I can
understand bending rules if there's some hardship to keep a business here. I
I haven't heard anything that says we're going to lose the business if they don't
do this. That's the whole intent that we've had with this contractor's yard or
whatever you want to call those things.
I Steve Berquist: Is that what we have to get to? I have to say we' re going to
pick up and leave if we don't. ..
I! Councilman Horn: If we could finish our discussion, I'm saying that I haven't
heard that that is even applicable in this case. There seems to be a lot of
question as to just what this issue is. Is it a contractor's yard or what
IIshould it be called? Why are there so many fuzzy issues? It should be fairly
51
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clear cut I would think. Why is our.. .staff that do our planning and organizing
for us and set up zoning, totally against this application? Do we have input
that they don't have? I would like to have heard someone from the Planning
Commission as to why. I read the Minutes but it wasn't terribly clear to me why
they objected to this. That's the group that really sets up our planning
standards. Just something doesn't seem very clear cut on this and I have the
same problem Bill does.
Mayor Hamilton: Well, we've got a motion on the floor and I have some
conditions and I'd like to add 3(g) from the staff's conditions. Jay, do you
have a brief final comment before we vote on this?
Councilman Johnson: Yes. I haven't commented on the motion yet. Item 2 of
your motion is improve driveway and parking to Class V. As Class V, that's
gravel correct?
Mayor Hamilton: Right.
Councilman Johnson: I'm not in favor of that. I still think we need asphalt
there because of the large increase, especially the loading areas also, just as
I said with the last applicant, Lyman Lumber. Their loading dock area needs to
be asphalt. I don't see a larger reason why we should give them a rough
driveway. As far as being equal, equal treatment. As I go through the variance
and what clobbers us on the variance side of it is that special conditions or
circumstances are not a consequence of self created hardship. I have some
problems of really defining exactly what the hardship is. I see the improvement
to the City of eliminating the horse stables. I see that as something we'd like
to do. I see that this is an opportunity to remove something from the IOP
district that is a non-conforming use but I'd like to eliminate some of our
variances. The ones I'd like to eliminate mostly, I think by doing (g) , you
eliminated a couple there and I think asphalt will eliminate a few. We've got
almost none then. He's agreed to do the screening and landscaping that's
required. ,
Mayor Hamilton: Can I just ask a question then Jay. Since we know that he's
going to be changing the configuration of where he's going to be at as he plats
it and moves into a more permanent structure, I think he's only concerned about
doing asphalt driveway and parking was he's going to have to tear it out again
as he moves into a new building. Would it be fair to make the condition that, I
don't know to quite phrase this, that he's going to have to pave it within a
year if something. If he can't show us how he's going to move or how the
property is going to be configured or if he doesn't have his plans in place. I
guess I'm just trying to save the guy a buck. I see no reason why we make a guy
spend money that we don't have to. I don't see that putting asphalt in there is _
really a tremendous improvement to the property that absolutely has to be done.
As long as you put a good rock base but if there's a condition that says you've
got to do it within a period of time as he plats and develops the property.
Councilman Johnson: The way I see it, I don't see this in reference to Merle
Volk because I think it's a different issue there. I see it more like a I
John Pryanus. In that, if you can't afford to do it, he shouldn't be trying to
do it.
Mayor Hamilton: I don't think that's the point. '
52 '
ICity Council Meeting - i'—'y 25, 1988 • 7
4.11i Councilman Johnson: I think it is '
s on the asphalt. I m willing to cut the curb
and gutter because we have no storm sewer to direct the water from the curb and
Igutter into. Curb and gutter directs water into a storm sewer and takes it off
and away. An asphalt curb will do it. In this particular case I see there's
justification for an asphalt curb and asphalt driveway. I don't see concrete
II curb because I don't see it as being permanent. We're definitely not going to
have this thing connected to the highway for full time but the increase in truck
traffic justifies the asphalt. If their erosion control and ponding all
I requires the curbing, then I think asphalt curbing would be appropriate versus
concrete in this situation. There's something unique about this situation that
says asphalt. This is a unique piece of property. It's the only existing
farmstead within our IOP. We have one other that's already been converted to an
I industrial use. There is no other. We're not setting a precedent for the next
guy because there is no next guy. I don't want to set a precedence of gravel.
I'm against the gravel in the IOP.
IIMayor Hamilton: The other one doesn't have blacktop.
II Councilman Johnson: There's no blacktop on the other one and that's wrong too.
I'm still trying to figure out why there's garbage trucks back there but that's
a different issue.
I Steve Berquist: First of all I want to say that I take exception to the
comparison and that...
I3 Councilman Johnson: Just on the money side of it. You're saying you can't
L afford to do it. Maybe you shouldn't.
Steve Berquist: I don't have a problem with paving the driveway. I don't have
I a problem with paving the loading dock. I question concerning paving the entire
parking area. I'm convinced that paving of the driveway and the loading dock is
the way to go if for no other reason than to help present a professional image
I when our light amount of walk-in traffic does walk in but. as far as paving the
entire area that we intend to park our vehicles on and put our dumpster, I take
exception to that in that I don't believe that is necessary. That's just a
little overkill.
II
Councilman Johnson: For your dumpster, asphalt underneath it. Impervious
surface underneath your dumpster.
IISteve Berquist: Impervious surface underneath the dumpster.. .we have a
tentative grading plan there before you in the packet of information. What is
Iyour feelings on paving of the entire surface area?
Councilman Johnson: I think I'd like to see, there's a lot of fuzzy issues
I here. I'd like to see a proposal of exactly what you think you can pave and
what you would like to not pave. More detail. We're kind of missing the
detail.
Mayor Hamilton: I think he just said the driveway and the dock area and not the
parking area.
ICouncilman Johnson: I'd like to see it in writing but anyhow.. .
53
1
.City Council, Meeting - Ju=g 5, 1988
Mayor Hamilton: We can make it a condition. I'll change my condition number 2
to blacktop the drive and the dock area and under the dumpster.
Councilman Geving: Can we go through these again? I think it's important.
We're getting fuzzy.
Mayor Hamilton: Blacktop and curb the driveway and the dock area and undern eath
the dumpster.
Councilman Geving: That's condition number?
Mayor Hamilton: 2. Condition 1 is a time table for development. 3 is to
screen the dumpster the same as 3(b) . Condition 4 was to have a plat within a
year. Condition 5 was no outside storage. Condition 6 was to connect to sewer
and water when available. Then we had item (g) which will be condition 7 for
the erosion control.
Councilman Geving: We had also Building and Fire Inspector.
Gary Warren: Rural requirements for any property which is going to be on a
septic system, we always provide for an alternate site. That might be something
to consider here. The same reason that if the site fails, we have a back-up.
Councilman Johnson: Maybe if the site fails, then they're required to hook up
to sewer and water rather than an atlernate site. If we've got a site failing
in there.
Gary Warren: It should stand the test of any other septic site that we approve
for a subdivision request that they have... '
Mayor Hamilton: I suspect the applicant wouldn't have any problem locating
another site should his current system fail since the system is in good working
order. I don't suspect that that's going to be a problem since there will be
less use now than there will be with residential.
Councilman Johnson: But you talked about doing the borings and getting the site
approved right now.
Mayor Hamilton: Do you have a problem with that Steve?
Councilman Geving: What's the cost on that?
Barbara Dacy: I really think that maybe we should maybe place as a condition
for staff to review this. Being located within the urban service area, we
should really review in detail how the connection to sewer and water ties in.
Mayor Hamilton: Make that a part of that whole thing.
Councilman Geving: Usually an urban requirement isn't it?
Councilman Johnson: Rural. But this is an urban area.
Councilman Geving: But it's a rural requirement.
54
,— 4 J
. City Council Meeting - f--y 25, 1988 &
Gary Warren: .. .making an exception here to have them out of sewer and water.. .
' Mayor Hamilton: I think Barb's suggestion is good in that we're going to look
at the whole sewer and water issue and staff should review if an additional
septic site is necessary or not. That can come back as a consent item.
Councilman Boyt: Several times early this evening I heard about the need for
public input. When we grant variances, we have public hearings. We haven't
notified anybody so you can't consider this a public hearing.
Councilman Johnson: Granting a variance doesn't require a public hearing.
' Roger Knutson: Take a look at Section 20-29.
Barbara Dacy: I think what we need to define here is, the motion for approval
is for blacktopping a significant portion of the area. I know you've made a
motion for approval, maybe we just should sit down with the applicant and give
staff time to determine what is a variance and what isn't. If one is necessary,
' then we'll have to go ahead...and go from there. It was advertised as a
conditional use and there was a public hearing on...
11 Councilman Horn: I think that's a good recommendation. That if it requires a
variance, then a public hearing.. .
111 Roger Knutson: Or the Board of Adjustments.
Barbara Dacy: If you wanted to do that as condition 10.
Mayor Hamilton: I think that would be number 9 condition that should it be
approved, that the variances would be reviewed by the Board of Adjustments and
Appeals and advertised as such.
' Councilman Boyt: That basically takes the whole issue and postpones it until
they make a decision and if they make a decision, they basically, we can give
them the conditions you've outlined...
Mayor Hamilton: It gives them a leg to stand on. At least they know we're
willing to, assumed that it's approved, we're willing to approve it with review
of the variances by the Board of Adjustments and Appeals.
Barbara Dacy: They won't be able to proceed until there's a findings by the
' Council that no.other hearings are needed. . .
Councilman Boyt: So if we approve it tonight and the Board of Adjustments and
Appeals approves it, then it's a done deal?
tBarbara Dacy: Right. Intermediary to that we'll bring the item back on the
August 8th agenda pending approval of this motion and discussion with the
applicant.
Councilman Boyt: I don't think it would delay anything to put it back in front
of the Planning Commission.
1 55
276
City Council Meeting - Jur 5, 1988 A
Barbara Dacy: The Planning Commission made a very strong statement about their
II
ii
dissatisfaction with the plan. I don't know if they would change that as
proposed.
Councilman Boyt: One never knows. They've got all sorts of Minutes that they
can read that will give them insight into this situation. I'd like to see it go
II
back in front of them.
Councilman Horn: So would I.
Councilman Johnson: This is really a tough one because I really like to enforce II
our ordinances but since this is going to the Board of Adjustments and Appeals
for all the variance conditions on it, we're only voting on the site plan review
I
at this point, I'll go yea.
Mayor Hamilton moved, Councilman Geving seconded to approve Site Plan Review for II
relocation of an office/warehouse to the property located at 8301 Audubon Road,
Merit Heating and Cooling, Inc. with the following conditions:
1. A time table be established as to how the applicant proposes the property to II
be developed and how they see their facilities changing.
2. To improve the driveway to widened it to probably a minimum of 12 feet using II
asphalt for the driveway, loading dock area and underneath the dumpster.
3. Provide any additional landscaping requirements and proper screening of the
I!!
trash enclosure and proposed dock area.
4. Submit a plat within one year of how the property is going to be developed I
from this point.
5. There will be no outside storage.
II
6. The applicant will hook up to city sewer and water when it becomes
available.
7. Comply with the conditions of the Building and Fire Inspector. II
8. The applicant shall submit for approval by the City Engineer a grading,
II
drainage and erosion control plan prepared by a registered engineer prior to
final approval.
9. After review by the City Staff, any variances required will be reviewed by _ 1
the Board of Adjustments and Appeals and advertised as such.
Mayor Hamilton, Councilman Caving and Councilman Johnson voted in favor of the II
motion. Councilman Horn and Councilman Boyt voted in opposition to the motion.
The motion carried with a vote of 3 to 2.
::
56
II
- r
I J
ULLIVAN'S
' ERVICES, INC.
3660 HWY 101 SOUTH
WAYZATA. MN 55391
' 473-4300
June 23, 1988
' City of Chanhassen
Planning Department
' Attention : Jo Ann Olson
690 Coulter Street
Chanhassen, Minnesota 55317
' RE : Jim McMahon
8301 Audobon
Chanhassen, Minnesota
To Whom It May Concern :
On June 22, 1988 we cleaned and checked the septic system
' at the above mentioned address and found that it is in
good working condition to the best of our knowledge.
-�
1
Patrick S. Sullivan
President
I
(;,1 1988
ATTACHMCN r 4
EDGEWORK BUILDE(3, INC. I
201 W. 591/2 Street
® Minneapolis, MN 55419 '
IOW VII
IN (612) 861-1266
MASTERS OF QUALITY CONSTRUCTION I
April 9, 1989 I
Mr. Steve Hansen
City Planner
City of Chanhassen
690 Coulter Drive I
Chanhassen, Mn. 55317
Dear Mr. Hansen,
I
Enclosed is a packet of information required by the city for an application for a
conditional use permit for a Contractor's Yard for the property located at 8301 Audubon I
Road. In addition, I would like to provide some further background of my situation, and
projections for the future.
If approved, my intention would be to relocate my business, Edgework Builders, Inc.(EBI) I
to this property. As you are aware, I currently have a conditional use permit to construct
a Contractor's Yard on some land zoned Rural Residential on Galpin Blvd. Although I am
Iconfident that my Galpin Blvd. site would be maintained to the highest standards, I would
prefer to locate EBI in an area that is zoned appropriately for our needs.
Certain conditions were required of EBI on Galpin Blvd. Those included hard surfacing
I
of the main traffic areas, screening outside storage areas, and complying with local and
state building codes. It would be my intention to maintain these same standards on the
Audubon Road site.
I
It would be my intention to use the current buildings and their supporting systems in
some modified fashion until such time as I could develop the property into industrial sites '
similar in nature to the industrial park to the North and East. Variables such as sewer and
water availability, market demands, and development of adjoining property all affect the
practicality of site development, but I would hope to have the land developed to its fullest
I
potential within 5 years.
I now wish to identify the nature and intensity of EBI as it regards the current building and
I
site plan. _
Building Proposed use Square Footage Occupancy I
Farm house Office 1580 SF 5
Barn, upper Cold storage 2275 SF - I
Barn, lower Vacant 2275 SF -
Garage Garage 600 SF 1
Tack Barn Tool storage 1040 SF -
III
Chicken coops Cold storage 1200 SF -
4 TrA-cN.(t e 0' S '
I.
I •
We currently have 5 office staff: Receptionist/bookkeeper, Estimator, Salesperson,
Draftsperson, and Field Supervisor. Only the Receptionist and Draftsperson are
' expected to reside in the office full time. The other 3 staffmembers spend approximately
25% of their time in the office.
' We employ between 12 and 15 installers in the field. In the past, all parties used report
directly to our yard, but that has been changed. We have reorganized our crews, and
now only the foremen report to the yard. These 4-5 people report to the yard, load their
trucks for the day, and are subsequently gone until their return at the end of the day.
In talking to septic system contractors, they would equate this use scenario to a family of
' four. The current owner is a family of 6. He also boards approximately 25 horses. I am
certain that the current septic and water use is more intense than what I am proposing.
I therefore feel that the current system would function adequately until such time that city
' sewer and water could be made available at a reasonable cost.
In closing, I would like to re-itterate my desire to redirect my current CUP to property that
is more appropriately zoned. I can assure you that I will maintain the highest standards of
' property maintenance with the current site plan.
' Attachments
Application
Site plan
' Tabulations of physical conditions
Location map
Letter from Sullivans Services re septic system
' Sincerely,
44,457144
David A. Stockdale
President
Edgework Builders. Inc.
t
(7 _
LAND DEVELOPMENT APPLICATION 7l °
_ CITY OF CHANHASSEN ■ •
690 Coulter Drive
Chanhassen, MN 55317
(612) 937-1900 '
•
APPLICANT: David A . Stockdale -OWNER: James & Roseanne McMahon
ADDRESS 7210 Galpin Blvd . ADDRESS 8301 Audubon Road -
Chanhassen, MN 55331 Chanhassen , MN 55317
Zip Code Zip Code I
TELEPHONE (Daytime) 861-1266 TELEPHONE 448-3701
REQUEST:
Zoning District Change Planned Unit Development
Zoning Appeal Sketch Plan
Preliminary Plan
Zoning Variance Final Plan
Zoning Text Amendment Subdivision
Land Use Plan Amendment Platting
Metes and Bounds
x Conditional Use Permit
Street/Easement Vacation
Site Plan Review
Wetlands Permit
PROJECT NAME Temporary office , shop and yard for Edgework Builders , Inc "
PRESENT LAND USE PLAN DESIGNATION Commercial/Industrial
REQUESTED LAND USE PLAN DESIGNATION Same II
PRESENT ZONING Commercial/Industrial
REQUESTED ZONING Same '
USES PROPOSED Office , shop & yard for contracting business
SIZE OF PROPERTY 7 . 47 acres
LOCATION 1/4 mile south of Highway 5 on Audubon Road
REASONS FOR THIS REQUEST To gain permission from city administration
to permit operation of a construction
business on the existing premises until
such time as subdivision becomes possible .
LEGAL DESCRIPTION (Attach legal if necessary ) see attached '
A-7 4a-amour 10 4
' City of Chanhassen
Land Development Application
Page 2
' FILING INSTRUCTIONS :
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 City Planner
to determine the specific ordinance and procedural requirements
' applicable to your application .
FILING CERTIFICATION:
The undersigned representative of the applicant hereby certifies
that he is familiar with the procedural requirements of all
applicable City Ordinances .
Signed By /( iGGYI/.
4. 3 � ..�j
Applicant Date 7_ /` l
' The undersigned hereby certifies that the applicant has been
authorized to make this application for the property herein
described .
1
Signed By Date
Fee Owner
' Date Application Received
Application Fee Paid
City Receipt No.
* This Application will be considered by the Planning Commission/
Board of Adjustments and Appeals at their
meeting .
I .
Planning Commission Meeting
May 17, 1989 - Page 16
opposed to it. I think there would have to be some very creative and
unique things done on that site to quality as a PUD using the contour of
the topography.
Conrad : Just one last comment . I find the R-12 district to be totally ,
adequate for this proposal . I will take exception to Jim' s comment. I
think it' s not density. My issue is not density as much as it is open
space. Like Tim, I thought this was a good property for apartments where II the density was stacked and where we could still keep open space for people
to play and walk. This proposal is really packed together. It' s back to
back apartments . Back to back townhomes and that' s not what I had
envisioned for this district.
Emmings: I want to go on record as adopting basically all of Ladd ' s
comments just to keep it short. Anybody else got anything else on this one I
then?
Erhart: Yes , I 'd just like to say my biggest concern is when you get all
of it done is that what ' s going to happen is because they' re new, they' ll
sell. Obviously they know how to market the things. My concern, with that
density, you' re walking the fine line that the values would go down. If
you have a complex like this where the values go down, we will then own a
tragedy in the City of Chanhassen . I just don' t think the amenities ,
there' s something lacking to keep people interested in rebuying the units
and at least the value goes up at the rate of inflation to take advantage - I
of the tax advantages. My concern is that it' s not there. It " s going to
be a diminishing value peice of property and that ' s bad for Chanhassen .
Emmings: Can you tell them when this will go to the City Council? '
Olsen : June 12th .
PUBLIC HEARING:
CONDITIONAL USE PERMIT FOR THE LOCATION OF A TEMPORARY OFFICE, SHOP AND
YARD FOR EDGEWORK BUILDERS ON PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK
AND LOCATED AT 8301 AUDUBON ROAD, DAVE STOCKDALE.
Jo Ann Olsen presented the staff report.
Steve Emmings called the public hearing to order . '
Dave Stockdale: Basically just to summarize a little bit. In the past
process I was , I 'm sure you remember , I was denied at the Planning
Commission level and approved at the City Council level , my other project .
Emmings: That would be comforting to the people who just left . '
Dave Stockdale: Even though my conscience tells me that a site like this
is more appropriate because of the zoning situation . I had some concerns
with some of the recommendations. Again, when you review Merit Heating ' s
If r
Planning Commission Meeting
May 17, 1989 - Page 17
1 _
I approval by City Council , it' s my interpretation that the final
recommendations for asphalt only, no curb and gutter of any kind and I
wonder what has changed that I would need to follow that.
IOlsen: Just maintaining the required improvements .
Dave Stockdale: I 'm kind of on the same premise that at some point in the
I near future when sewer and water becomes available and I 'm required to hook
up to it , any additional costs that I incur now will be undermined and
circumvented by physical installation of the sewer and water . . . .the
I blacktop, I would just as soon not have to go to the extent of curb and
gutter at this point. One of the reasons for curb and gutter is that it
brings the water into the storm sewer . There is none so I do not
understand this point or the need for that.
IEmmings: What is the reason?
I Olsen : It ' s for directing the drainage but it' s also just for
stabilization. For snowplow removal. It maintains , it keeps the site
manicured longer .
IErhart : Is it required by the ordinance?
Olsen: But exceptions have been made .
IDave Stockdale : I guess I 'm asking for an exception. On the same lines of
the engineering report, their checking the sewer and water might be
I available in 1990 . I 'm not going to take possession, if this goes through,
until October of 1989 which means that if I do blacktop up to the Audubon
Road access , because the connect to the farmhouse is on the backside, to
I avoid damaging all those mature spruce trees , the sewer and water line
would go down the driveway that if it is blacktopped . . . On the other hand ,
if you' re sure it' s going to be available in 1990, any postponing for the
blacktop would be addressed in some contractual arrangement to be put in
I immediately after the sewer and water connects . I 'd like to have that
considered . If on the other hand it' s not going . . .
IEmmings: What do we know about that?
Wildermuth : Is sewer and water going to be concurrent with what Scott was
in here? Isn' t that part of what that was all about? The extension.
IOlsen : Oh Todd? Well that ' s going down. It ' s not all the way to that
site. It' s just to where the public works building and it' s in that
I location. Lake Susan Hills 3rd Addition , they' re still industrial property
inbetween. I don ' t see us, maybe engineering knows something I don' t know
but I don ' t see it happening . This would be where Lake Susan Hills would
Ibe here and then you still have all this industrial in here.
Dave Stockdale: There 'd be no motivation for the City to come out and to
join it unless there was more development next to me?
I
I
IN
Planning Commission Meeting
May 17, 1989 - Page 18
Olsen : Right and if you requested it. I don' t know if 1990 will happen. '
Dave Stockdale: Well I just saw it discussed in the packet. Also, did you
have the drainage plan?
Wildermuth : Unless I 'm reading this map all wrong ,
� g p g , it' s going right across
the street?
Batzli : It' s on the other side of the road.
Emmings: It's south of the tracks where that other stuff is north. '
Dave Stockdale: The other question I had , they were requesting a grading
and drainage and erosion control plan. I 'm basically not changing what' s
there now and I 'm wondering what erosion we' re talking about that ' s
different than what' s been happening for whatever number of years.
Olsen: You had stated that you'd be, there'd be some grading like for the I
outside storage and just for the paving .
Dave Stockdale : I thought I had shown that on this .
Olsen: The erosion control?
Emmings: I think what they' re saying is that to the extent you' re doing I
any grading, they want to know how you ' re going to control the erosion to
the areas you' re grading . They want to know what you ' re planning to do to
control erosion until it' s stabilized on the areas that you are grading .
That' s all .
Dave Stockdale : The only other thing I noticed the difference between mine
and theirs was there wouldn' t be any recommendation or request for them to
provide a second drainfield site . Basically I expect I ' ll be using about
50% less than is being used. . . So if this is working for 6 people, our
work is 4 people. . .
Olsen: I think that was meant to be a condition and it' s not .
Wildermuth: It' s not a condition this time around and it was for Merit I
think.
Olsen : It should have been. ,
Ellson: It ' s pretty standard that we at least tell you where it ' s going to
be. Not use it but .
Olsen : Yes , we always have to have, just for our protection , your
protection, we always like to know if there ' s a second site available so
that should have been a condition .
Erhart : We do that on subdivisions , not on conditional use permits?
MIll
tPlanning Commission Meeting
May 17, 1989 - Page 19
I Olsen: Well anything that ' s using a septic system we always like to know
that there is a second site for emergencies but if you don ' t feel it
necessary, that' s fine .
IBatzli : Good planning practices Tim.
Erhart: I 'm not saying it' s bad .
IOlsen : And they' ll have no problem finding another site.
IErhart: I just don' t know if this is the proper time to require it.
Emmings: I don' t recall doing this previously. Whenever somebody wants to
plat it or bring in a plan for a piece of property but I don' t recall ever
I seeing this when somebody' s going to use something that exists . Have we
ever done that before?
I Olsen: I don ' t think we ' ve ever had a site like this . Your other
conditional use required you to have two sites on there.
I Dave Stockdale : But there was no precondition saying that one site was
good and one was bad. We have a site where the drainfield site is 'still
good .
I Olsen : We' ve always , whenever there ' s been septic systems, we' ve always °
had a secondary site.
I Dave Stockdale : I don ' t see the record of that happening for Merit
Heating.
Olsen : It might not have.
IDave Stockdale : So not always . You haven' t always done that .
IOlsen: Obviously not.
Dave Stockdale . So again to me that implies a certain histori.c. . . that I
Idon't think needs to be done.
Emmings : Okay, this is a public hearing . Is there anyone else who wants
to be heard on this?
I
Erhart moved , Ellson seconded to close the public hearing . All voted in
Ifavor and the motion carried . The public hearing was closed.
Wildermuth : I like your landscape plan . I 'm sure it will be a good one .
I I guess I 'd be inclined to waive the requirement for curbing as based on
how solid the plan is for sewer and water . I 'd be inclined to waive the
requirement for a paved roadway if we know that water and sewer is coming
in 1990. Other than that I agree with the recommendations less the curb
Irequirement.
I
Planning Commission Meet47 '
ing I
May 17, 1989 - Page 20
Emmings : How do you feel about the second septic site?
Wildermuth: I don' t think locating a second septic site is a big deal .
What are we looking at for expense?
Dave Stockdale: $1,000. 00.
Wildermuth: Really?
Dave Stockdale: They do the borings and everything else. It' s in that
range.
Erhart : What do you do if you can' t find one?
Emmings: How many acres is this? '
Dave Stockdale: 7. 4.
Wildermuth: Somewhere there' s going to be another septic site . '
Erhart: That' s the point. You' re not going to change your decision on
whether you find one or not so I think it' s sort of moot issue to require
it.
Wildermuth: In view of the fact that he' s going to have fewer employees = I
than there were residents in the place, I guess I wouldn' t really be too
upset.
Batzli : I assume that you' re going to give up your other conditional use
permit if this is approved? Is that what ' s happening?
Dave Stockdale: That was my intention.
Olsen: I believe they are only good for a year if there has not been any
improvements to the site . '
Dave Stockdale: . . . it' s one or the other .
Batzli : I agree mostly with Jim' s comments . That would be my only '
question.
Ellson : I think it should have all 5 conditions including the second '
drainfield site. I think that it' s nice of us to be concerned about how
much it costs him to locate that sort of thing but that ' s not what should
make up our mind. Well , if it was only $20. 00 then we'd all say go ahead
and find your second drainfield site. That doesn' t seem very reasonable .
I think that what's best for Chanhassen is to have a backup site.
Something could happen if there is only 4 people in that thing . The thing
could pollute our ground water or what have you and I don' t want to be the
one who didn ' t have a backup site there ahead of time. I think if curb and
gutter is what we require in other areas in the IOP, then I 'd want this to
have it too . So I 'd like all the 5 conditions plus one about the '
drainfield.
Planning Commission Meeting
May 17 , 1989 - Page 21
I
IConrad : In our conditional use permit Jo Ann , basically the site cannot be
utilized more than what the applicant has described in this request right?
1 Olsen : Right. If he expands it , he'd have to come in.
Conrad: And you' re really not doing much to the site right now is my
1 understanding .
Dave Stockdale : Filling in a couple of low spots and flattening out.
IOther than that there's no physical change. . .
Conrad : It ' s real minimal . Especially to the north. Most of the stuff is
closer to the south of the property. Is that right?
IDave Stockdale : The southwest corner .
I Conrad : And just out of curiousity, do you have longterm, when sewer and
water comes, what do you think you ' re going to do? Any thoughts?
I Dave Stockdale : I 'm still in the early stages of that. I saw the previous
discussion that Merit had proposed . . . My impression is that it showed up
right at the last minute . . . industrial park. Probably two phases .
Developing the part to the north first so I can continue using my buildings
I with the intent of moving my business in an approved fashion in that area
and then redeveloping the south portion.
I Conrad : As this site has sewer and water , and it can be fully developed ,
if we don ' t ask for curbs and gutter now, when can we ask for them?
Olsen : I was just thinking that . You can make it a condition that once
I sewer and water is placed on the site that as part of the improvements that
applicant or whoever owns the property at that time would have to install
curb and gutter . I 'm just wondering if that would get lost along the way.
I That condition but that would go with the conditional use permit that would
be recorded at the County. That' s one way to do it.
I Dave Stockdale : My first concern with that is . . . It may take a while to
accomplish that. There' s a minimum time period in which to put the curb
and gutter in on pre-existing blacktop that you know in 3 years in the
cycle of development that that whole portion of blacktop is going to be
I redesigned . . .As soon as sewer and water is i.n , that you ' re asking a game
plan for total development.
IBatzli : Wouldn' t it make more sense to require it at the time that it was
developed further?
Conrad : It might .
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Batzli : If he modifies it or expands it , he' s going to have to come back
in anyway and we could take a look at it so whether he develops the site or
1 expands his business , we' re going to see it again .
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Planning Commission Meting
May 17, 1989 - Page 22
Conrad : I just want to make sure we have the control so when it does get
developed, we bring it up to specs .
Dave Stockdale: I would certainly, in the broad picture, when I develop it
as an industrial park, I would expect to meet the same. . . 11
Conrad : Other issue on the second drainfield . Second drainfield? Boy, my
tendency is to require it but I don't know. Somebody can persuade me.
Dave Stockdale: If a family of 6 moved into it.
Conrad: Yes, but it' s an industrial site now. You've got an industrial 1
use on that site. What do we want at this point in time? This is the only
chance we have to talk to you. If the site 1 fails and we allow you to
develop it or use it as an industrial site, well you can continue . This is
the City' s chance to make sure we have other alternatives. Jo Ann, is that
site , are we suspect of the site? But we' re really following city
standards? i
Olsen : Right .
Conrad : Okay, I 'm through. 1
Erhart : Dave, the 4 people that you' re talking about there. Are they
going to be on site during the day or do they go off site and work on a I
job?
Dave Stockdale : I ' ve got a full time office manager . Full time. . . I ' ve
got myself and a field supervisor that are. . .
Erhart : So in a sense it' s both a contractor ' s yard and an office?
Dave Stockdale: Right. The existing house will be used as an office .
Erhart : I 'm trying to be consistent with my position on the Merit Heating
proposal. I was adamantly opposed to that because I viewed they were
putting a manufacturing company in the industrial park and I felt they
should live within the same standards that all the other people in the
industrial park live by. I 'm looking for an exception why are you
different than Merit Heating?
Dave Stockdale: I don ' t have the same . . . '
Erhart: No, but Merit Heating didn' t either and I was adamantly opposed to
giving Merit Heating a conditional use permit . I
Wildermuth: That had quite a few more people though didn' t they?
Erhart : I think that ' s the difference . If I remember that one, we were
talking 10 or 15 people and it was a production facility. That' s different
than what I ' ve got in the industrial park. The other thing that ' s changed
since that time is apparently we' ve changed the ordinance that the only
place for contractor ' s yards is industrial park?
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IPlanning Commission Meeting (--
May 17 , 1989 - Page 23
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Olsen : I think it' s still in the business fringe.
Erhart: No, we took it out there too. I 'm trying to be, as a result of
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that, trying to be a little more lenient in my thinking . If this is truly
a contractor ' s yard in the sense that you ' re really a construction company
and I would tend to say that I think what you' re trying to do here is
I pretty good . It' s different than what Merit was proposing so I would go
along with, in that light, go along with the proposal . The problem with
the sewer thing , and that is , maybe it' s because of my farm background and
I so forth but over the 3 years I 've been on here I have failed to understand
why everybody is so anti-septic system in the city. Maybe not anti but
they fear septic systems .
I Emmings : Because they' re not maintained and they' re not put in properly
and they're not maintained. That' s what we've found .
IErhart : We have an ordinance now that requires that septic systems have to
be inspected periodically and when they aren ' t operating it' s not the
ground water that the problem is, it' s the surface water because overflow.
The number one problem is the toilets don' t flush. They over run, it' s the
surface water . It' s pretty obvious they' re not working.
Wildermuth: If it' s any time of the year at all , the building occupier is
Ithe first one that wants to get it fixed .
Erhart: Yes , and I don' t understand why we got a lot here that' s almost 8
I acres , why we want to rush hooking this onto the sewer system when in fact
a properly operated septic system is the most ecologically correct way to
do this as opposed to running it in the river and adding chemicals and
Igoing through all the energy to pump water and going through all that .
Secondly I would propose that when we tie this into when the property is
subdivided or a major building improvement is made, that we then require to
hook up to the city sewage system. Maybe there ' s some other hooks but the
I idea of just saying because the sewage system is at the end of the street
you have to hook in when your current system is working properly, to me
that just doesn' t make any environmental sense to do that. So I guess I 'd
I like to propose that . I 'd also like to in exchange for the curb and
gutter, I don't know if it' s reasonable to ask Dave to relinquish his other
conditional use permit because I was adamantly opposed to that too , and in
exchange for relinquishing that giving up on the curb and gutter . I think
II you' ve already stated that you ' re not going to exercise that conditional
use permit. In fact, I believe you had it for a year and it ' s already
delinquent or no?
IDave Stockdale: I ' ve got 3 months .
Erhart: 3 months?
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Emmings : Are you asking us to transfer the conditional use permit you have
to a different piece of property or is that even possible?
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Planning Commission Meeting
May 17 , 1989 - Page 24
Erhart : I don ' t think he' s asking but I 'm just saying in exchange for a
variance on that curb and gutter we would, as a condition that the
applicant would give up his other conditional use permit that he already
has which he apparently intends to do anyway.
Wildermuth : So it will run out in the fall?
Dave Stockdale: Unless I act on it. '
Ellson: There could be 2 sites for all we know.
Erhart: That's just it. I 'd like to. . .
Ellson: Only have one?
Erhart: If possible.
Dave Stockdale: I 'd be willing to work in that direction. I like your
idea . . .whereby I didn' t have to hook up to sewer and water until my
development is established .
Erhart : Well obviously I know you 'd like that one. I ' ll just throw that
one out for the other planning commissioners . If they have any interest in
tying in the other conditional use permit with granting the variance on the
curb and gutter. Those are my comments . '
Ellson : Jo Ann , remember we had a thing on contractor ' s yards, they had to
be within 1 mile of another. You didn' t really mention that in here. Has '
that been dropped because. . .
Olsen: That was a specific condition of the conditional use in the RR
district.
Batzli : You can half a million of them in the IOP.
Olsen: We didn' t have a specific condition for the IOP, industrial
districts.
Emmings : For my comments , it seems to me that if this was coming in as a
development proposal for this piece of property, I think I 'd be looking at
it a lot differently than I am. There' s something there that exists and I
think it' s pretty apparent that what' s there now will not be what's there
once the industrial park fills up. I think this property is going to-
change sooner rather than later and rather significantly. I agree that the
curb and gutter , there ought to be tied to further development of the
property because again there just is not that much being changed here. I
agree as far as the second septic site goes , I think Tim' s comments are
good ones. First of all I don' t see any reason to require hook-up just
because it' s available if he ' s got a working septic system.
Batzli : What about water? Are you going to need a lot of water? What are
your water requirements?
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Planning Commission Meeting
May 17 , 1989 - Page 25
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IDave Stockdale : Very little.
Emmings: I guess I don ' t know what the issues there are as to why the City
Irequires to hook up to water as opposed to sewer .
Olsen : I believe that there ' s an ordinance that if you' re within like 100
feet or 150 feet of sewer or water you have to connect. Why, I don't know.
I I think anyone that once they get hit with that assessment will be
improving the property.
IEmmings: I guess the other thing I have to think of, I guess I tie that to
further development of the property also. The other thing we could do is
to simply say that if he can ' t find a second site, if he has a problem with
the site that's there and he can ' t find a second site , then he' ll have to
I put in a holding tank and pump it until there ' s sewer and water available
and just see how that plays out because I think sewer and water will
probably be available. It' s hard to imagine that on that 7 acres he
I wouldn' t be able to find a second site. Otherwise I 'd be in favor of tying
them to further development also. The Fire Inspector actually made a
recommendation on this about a dumpster or something and I don' t see his
I comment over on the conditions .
Olsen: It didn' t get in.
IBatzli : Not being within a certain distance or something?
Emmings: Yes .
IOlsen : Right, he had to be separated there .
Emmings: Should that be a condition?
IOlsen : Yes it should .
IEmmings: Have you reviewed that one Dave? Is there any problem with that?
Dave Stockdale: No. On my site plan I ' ve got it within 5 feet of the
Ibuilding .
Emmings : Are there any other comments? Does somebody want to make a
motion?
IErhart : Yes , I ' ll move that the Planning Commission recommend approval of
Conditional Use Permit #89-2 shown on the plans dated April 28 , 1989 with
I conditions 1, 2, 4 as shown on the staff report . Also , the condition made
by the Fire Marshall as an additional item. Another item, at such time
as public sewer and water is available to the site , the appropriate fees
I and assessments will be paid. However , actually connection to the site
will be required at the time the property is subdivided or a major building
improvement occurs on the site. Just summarizing that means if the water
goes past , you have to pay the assessments just like any other project . To
Ihook up, if the site is improved , obviously you probably would do it if
your system failed or so forth . The last item, all parking areas shall be
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Planning Commission Meeting
May 17, 1989 - Page 26
paved . However , curb and gutter will not be required assuming that the I
existing conditional use permit that the applicant has runs out at the end
of it' s period .
Batzli : I think what he' s trying to say, can I interpret? '
Erhart: I brought it up before. I didn't get any laughs .
Emmings: I just didn' t understand what you just said . What I 'm saying is I
as long as the other conditional use permit' s going to run out, not require
them to put in the curb and the gutter .
Batzli : Why wouldn' t you ask him to actively relinquish it?
Erhart : If you don ' t feel comfortable with that , we can leave that out .
I ' ll make that motion and if somebody wants to amend it so I stick with
what I said.
Emmings: You' re making the . . .
Erhart : The condition that it does not require curb and gutter on the
condition that he relinquish the other conditional use permit that he
already has in the city for a contractor ' s yard . I ' ll make that motion .
If other members feel it' s inappropriate , make an amendment to take it out.
That ' s it. I
Emmings : Okay, is there a second?
Wildermuth: I ' ll second it .
Emmings : One thing that I forgot to mention during my comments and I ' ll
take this opportunity to do it, is that the City is getting something here. I
Assuming that he does relinquish that other one , we ' re getting this thing ,
since you were here the last time, the City Council has acted to ban these
things in anything but the IOP. The City is getting something valuable
here in that we' re going to get one out of an area we don' t want it and
into an area where we do want it. Is there any other discussion to Tim' s
motion? '
Conrad : Tim, you don ' t want to require curb and gutter when the property
is developed?
Erhart : I guess I didn' t include that because I assume that' s going to
happen when it gets developed .
Wildermuth : It has to come back again.
Erhart: It' s going to be subdivided. It' s going to come back in and it' s
going to be building plans , unless I misunderstand that.
Conrad: Does that make sense Jo Ann? By not requiring curb and gutter , do
you see any potential for drainage or erosion problems? I
Planning Commission Meeting
May 17, 1989 - Page 27
' Olsen: There' s always potential .
Conrad : But we are requiring an erosion control plan .
IOlsen: That' s just during construction on the site. It' s definitely a
benefit to have curb and gutter but if it is going to be removed in a year
or so, I can see the point too.
IEmmings : Could there be a condition such that curb and gutter would not be
required if he relinquishes the conditional use permit he holds on the
I other property unless experience shows that there' s an erosion problem that
needs to be addressed with curb and gutter to prevent erosion.
Batzli : I think that sounds like an excellent friendly amendment
Ipersonally.
Ellson: Who ' s going to go out and check that? We' re not going to have
I someone going there in 2 years to check that out? I don' t think it' s
realistic .
IEmmings: But if there' s not a problem.
Ellson: Who' s going to say there is a problem or isn ' t, that ' s what I 'm
saying .
IEmmings : I don ' t know.
I Ellson : Then it ' s worthless . Maybe you want to tie it into an inspection
in 2 years or something like that .
Emmings : No . I think erosion on the site is not a problem. It ' s only his
I problem. It only becomes a problem if it affects something off site and if
it' s affecting somebody else' s property, they' ll bring it to the attention
of the City.
IBatzli : Then if there' s a condition that he has to do something about it ,
that does put a little bit more teeth into it.
IErhart : The problem with curb is it' s going to direct the runoff to 1 or 2
or 3 spots.
I Conrad : The sheet flow, sometimes it ' s better not having curbs in. We
don' t know. We simply don' t know.
I Ellson : We tell all IOP' s that they need curb and gutter and we said we
want these in IOP' s .
IErhart : But they have storm sewer .
Wildermuth : And they generally cover a large amount of the surface area
with impervious surface too.
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Planning Commission Meeting '
May 17, 1989 - Page 28
Emmings : Right and they' re going in and they' re changing the whole '
characteristic of the site and that' s not what' s going in here. They' re
going in and grading and putting in a building and doing landscaping and
he' s taking an existing site. I think it' s a real different thing. Also ,
in the IOP everytime they' re directing it to storm sewer . They' re
I
directing it either into the street to a catch basin or something else. We
don' t want the sheet flow there but on what' s essentially an agricultural
site, sheet flow makes probably more sense.
I
Conrad : Do we want to have the City Engineer take a look just to make sure
we're not creating an erosion problem by not requiring gutter and curb?
I
Wildermuth : Knowing the way Dave has kept his other property, I think if
there was an erosion problem, he'd probably be out there correcting it.
Ellson: Well it' s not just him, it ' s the next owner or whatever might have I
it and it' s the next one that comes in and wants to be in the fOP that
doesn' t want to curb his because he doesn ' t have the money for it right
I
now.
Batzli : How many IOP areas are there that are unsewered?
IOlsen: This is it and the adjacent land .
Batzli : Yes, there' s not going to be another person unless it ' s the one ° I
piece of adjacent property that has this .
Emmings : Okay, how about I ' ll suggest an amendment to Tim' s motion that I
curb and gutter . Let ' s see. Your condition was that curb and gutter would
not be required if he gives up his conditional use permit that he presently
has.
Ellson: That ' s a weird tie in. Should we just require them to turn in the I
one anyway?
Emmings : I don ' t know that we can do that . I 'm even a little I
uncomfortable.
Conrad: No . It ' s not going to make it through.
I
Ellson: You have to relinquish a right that you already have.
Emmings : This is highway robbery. But I think Dave is basically in here I
representing that he' s not going to put his business at his home. He' s
going to put it on this property and I wish he' d come out with a little
I
more concrete statement to that effect but I 'm not going to ask him to do
that . I would amend that simply by saying , unless the City Engineer
determines or experience demonstrates that curb and gutter is needed to
prevent an erosion problem. I 'm only adding to his condition that he
I
wouldn ' t have to put in the curb and gutter if he gives up his present
CUP unless the City Engineer determines or experience demonstrates that
curb and gutter is needed in a specific area to prevent an erosion problem. I
Planning Commission Meeting
May 17, 1989 - Page 29
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IErhart: I ' ll accept it.
Conrad : I ' ll second it.
IEmmings : Anything else?
Batzli : I think when he made his motion , we' re talking about sewer and
I water when it has to be connected and the wording was when there was
development or major building modificaiton .
IErhart: Yes, was subdivided or major building construction.
Ellson : Who' s going to define that?
I Batzli : Rather than have the word major in there , what are you looking for
in building? Any building construction? What ' s major building
construction? I have trouble with major .
IErhart: Let' s say if he added a garage or something I wouldn' t consider
that major but if you add a permanent building where you were going to
Iincrease the number of people there.
Batzli : Rather than major building , don ' t you want to talk about expansion
of the use or something?
IErhart : Okay, expansion of use I think that ' s okay. If that ' s defineable
in your mind, that ' s fine.
IBatzli : I think that makes better sense than major building .
Erhart: Okay, I ' ll agree .
IEmmings : So you' re going to amend your motion to that?
tErhart: Yes, I ' ll amend the motion.
Conrad : I ' ll second it.
IDave Stockdale: My interpretation of expansion of use , if I have another
truck sitting there, is that expansion of use?
IBatzli : I think expansion of use ties back into you have to come back in
and get a modification of the conditional use permit .
IDave Stockdale : You define it as increasing the occupancy load?
Erhart: Have you listed the number of trucks in your conditional use
Ipermit and the number of people?
Olsen: The number of people.
IDave Stockdale : No I haven ' t other than I ' ve talked about the office
staff.
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Planning Commission Meeting
May 17 , 1989 - Page 30
Erhart : I think Brian hit it right on the nose . Essentially saying , if
you have to come back in for another conditional use permit amendment, then
that would be reviewed at that time the way that reads.
Emmings: I don' t know that we define that anywhere but the basic notion is
that if you' re use becomes more intent in any way than what we approve,
you've got to come back in and get an approval for that expansion of the
use. Whatever it means . Alright , is there anymore discussion on this?
Erhart moved, Wildermuth seconded that the Planning Commission recommend '
approval of Conditional Use Permit #89-2 as shown on plans dated April 28,
1989 with the following conditions :
1. All outside storage shall be totally screened within the outside
storage area.
2. The driveway shall be constructed a minimum of 16 feet in width and '
shall be paved.
3. The applicant shall submit for approval by the City Engineer a drainage '
and erosion control plan prior to final approval .
4 . Dumpster shall not be placed within 5 feet of combustible wells , ° I
openings or combustible roof eave lines .
5. At such time as public sewer and/or water is available to the site ,
connection to the municipal system will be required and appropriate
fees and assessments paid . However , actually connection to the site
will be required at the time the property is subdivided or expansion of
use occurs on the site. I
6. All parking areas shall be paved . However , curb and gutter will not be
required if the applicant gives up his present conditional use permit
unless the City Engineer determines or experience demonstrates that
curb and gutter is needed to prevent an erosion problem.
All voted in favor except Ellson who opposed and the motion carried . '
Ellson: I think it should have all the conditions that any other IOP
permit should have.
PRELIMINARY PLAT REQUEST TO SUBDIVIDE APPROXIMATELY 5. 5 ACRES INTO 9 SINGLE I
FAMILY LOTS AND TWO OUTLOTS ON PROPERTY ZONED RSF AND LOCATED DIRECTLY
SOUTH OF 64TH STREET AND WEST OF HWY. 41 , REED' S ORCHARD RIDGE, GARY REED.
Public Present:
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