1r. Temporary Use Permit Westside Baptist Church, 1268 Park Rd. CITY OF I k ..
-1'1 CHANHASSEN
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I `\ _ ," « 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
i _ � (612) 937 1900 �cc,c, • I ,.i.ninistritor
IMEMORANDUM
TO Don Ashworth, City Manager
IFROM: Stephen Hanson, Planning Director ;,4: ;, E;c;XT11ssiofl
DATE: March 9, 1989 iate ._.,..., ..;t; Good'
ISUBJ: Westside Baptist Temporary Use in the IOP District
I As you may recall, the City Council at the December 12, 1988,
meeting gave Westside Baptist Church a 90 day temporary con-
ditional use permit to allow the church to occupy an industrial
building. They were to work with staff to make sure that those
I things that need to be met are met. They were to come back to
the City Council at the end of the 90 day period for review.
Brian Pike has contacted our office in order requesting conditional
I use approval to allow him to continue using the industrial
building as a church.
I As you are aware, the IOP District does not allow for churches as
a conditional use. The City Council felt this use was an
appropriate use on a temporary basis . This was based on the
assumption that Westside Baptist Church would meet all building
I and fire safety regulations. My understanding is that they have
complied with the requirements of the Building and Fire
Inspection Departments . Based on that they have complied with
I what Council requested of them at the December 12, 1988, meeting.
Therefore, Brian Pike would like the time limit extended to allow
occupancy for at least another year.
I Previously when Westside Baptist was allowed to locate within the
Industrial Office Park District, the zoning code allowed for tem-
porary structures and uses. A copy of that section is attached
I to this memo ( Section 20-903) . At this time, there are no provi-
sions in the code which allowed for temporary structures or uses.
My assumption is that the City Council intended for this use to
I be an extension of the previous permit although for a separate
property. The time frame could be for one year to March 15 ,
1990.
II Because the 90 day temporary use expires on March 12, 1989 ,
we should place this item on the March 13th City Council agenda
for their consideration.
Mr. Don Ashworth
March 9 , 1989
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ATTACHMENTS
1. Copy of zoning ordinance Page 1229, showing Section 20-903
which has been repealed.
2. City Council minutes dated December 12, 1983 .
Manager' s Comments: This office totally agrees with the '
Planning Director ' s position that consideration of this item as a
conditional use permit would be a violation of our code and such
would set a very negative precedent. Considering such as an
extension of the temporary use permit which was previously
granted could be seen as questionable, but does represent a
better alternative than the conditional use route. In light of
the fact that the City Council did approve the use in the busi-
ness park and recognizing the expenses that have been incurred by
the Westside Baptist Church, this office would recommend that the
temporary permit be extended to March 15, 1990 .
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IZONING § 20-904
' Secs. 20-816-20-900. Reserved.
ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS
DIVISION 1. GENERALLY
Sec. 20-901. Overhead transmission lines.
' Installation of overhead transmission lines in excess of sixty-nine (69) kilovolts shall
require the issuance of a conditional use permit through any district located in the city. The
city council, in addition to the standards established in article IV, may also impose other
conditions as deemed necessary to protect the public health, safety and welfare.
(Ord. No. 80,Art. VI, § 2, 12-15-86)
Sec. 20-902. Multiple principal buildings on same lot.
In any single-family detached residential district not more than one(1)principal building
shall be permitted to be erected on a single building lot. Groupings of buildings in other
districts may only be permitted by conditional use permit.
(Ord. No. 80, Art. VI, § 3, 12-15-86)
Sec. 20-903. Temporary structures and uses.
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' The city may authorize as a conditional use the temporary use of a structure or premises
in any district for a purpose or use that does not conform to the regulations prescribed for the
district in which the property is located, provided that such use is of a necessary and tempo-
rary nature and does not involve the erection of a substantial structure or substantial
alteration of the premises.The city council may grant a conditional use permit for such use for
not more than twelve (12) months.
(Ord. No. 80, Art. VI, § 4, 12-15-86)
' Sec. 20-904. Accessory structures.
(a) A detached accessory structure, except a dock, shall be located in the buildable lot
' area or required rear yard. No accessory use or structure in any residential district shall be
located in the required front or side yard.
(b) A detached accessory structure may occupy not more than thirty (30) percent of the
' area of any rear yard, provided that no detached accessory structure shall be placed nearer
than five(5)feet from any rear lot line.
' (c) In any residential district, no accessory building or structure shall be erected or
constructed prior to the erection or construction of the principal or main building but may be
erected simultaneously.
IC (Ord. No. 80, Art. VI, § 5, 12-15-86)
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2E41 I
CHANHASSEN CITY COUNCIL
r" REGULAR MEETING
DECEMBER 12, 1988
Mayor Hamilton called the meeting to order at 7:30 p.m.. The meeting was opened
with the Pledge to the Flag. '
COUNCILMEMBERS PRESENT: Councilman Boyt, Councilman Horn, Councilman Geving and
Councilman Johnson
STAFF PRESENT: Don Ashworth, Roger Knutson, Steve Hanson, Larry Brown, Todd
Gerhardt and Lori Sietsema ,
APPROVAL OF AGENDA: Councilman Geving moved, Councilman Horn seconded to
approve the agenda with the addition of a discussion under Council Presentations
by Councilman Johnson of Zoning Ordinance Amendments. All voted in favor and
the motion carried.
CONSENT AGENDA: Councilman Geving moved, Councilman Horn seconded to approve
the following Consent Agenda items pursuant to the City Manager's
recommendations:
b. Final Plat Approval, Ralph Kant Addition.
c. Resolution #88-132: Resolution Approving Lyman Lumber Bond Issue. '
d. Resolution #88-133: Accept Roadway Improvements for Saddlebrook
Subdivision. '
e. Approval Development Contract for Chanhassen Lakes Business Park Second
Addition, Alscor Investors Joint Venture No. 2 (Opus) .
f. Resolution #88-134: Approve Resolution to Submit Final Application for Lake
Susan LAWCON Grant.
g. 1988 Audit Contract, Voto, Tautges, Redpath & Company.
h. Resolution #88-135: Approval of Resolution Reallocating 1989 Property Tax
Levies.
1. Approval of Joint Powers Agreement, Southwest Communities Coalition.
j. Resolution #88-136: Accept Streets in Chanhassen Hills First Addition.
k. Approval of Joint Powers Agreement, HRA. '
1. Accounts Payable.
m. City Council Minutes dated November 9, 1988 '
City Council Minutes dated November 28, 1988
Planning Commission Minutes dated November 16, 1988
Park and Recreation Commission Minutes dated November 22, 1988 '
All voted in favor and the motion carried.
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- dri ty •C.AUnc i.l Meeting - December 12, 1988
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ISITORS PRESENTATION
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It, , Bryan Pike: Bryan Pike from Westside Baptist. We have been before you for
approval of site plan and as we have gotten down to the final facts and figures,
we're deciding, the congregation, to hold off for a time until we can build a
I building that's more adequate. We had to keep cutting and cutting and cutting
so that has been our decision. What we're hoping for is to get back into the
Business Park and come before the Council and ask you if that's a possibility.
I I just discussed before the meeting that the Section VI, Article 4 that we used
to have and that we were hoping to go in under has been since, what's the word?
Mayor Hamilton: Repealled.
' Bryan Pike: Repealled, so I'm looking for your help. We've been discussing a
possible place next to Fitness Master with Opus that they kind of got stuck with
I that as Fitness Master backed out of and they've got an area that they will
lease to us. We have approval. I've asked Ron and Steve, I believe went over
there today and checked it out to see what it was like as far as fire codes and
II what not. Basically the only question that I understand that he's got left is
there a 1 hour rated wall between an A and a B that runs above the ceiling all
the way up because he hasn't looked at that. He was checking on the possibility
of the need for a panic bars. Otherwise the place is fairly new...so it's
Isprinkled right and that sort of thing.
Mayor Hamilton: I would think Bryan that we've been willing to work with you in
I the past and I would certainly hope that the future Council would be willing to
work with you also. We'd certainly like to keep you in the City of Chanhassen.
Your congregation here. I would think that you may want to work with the staff
and go through whatever motions you need to to bring this back to the first
ICouncil meeting in January.
Councilman Geving: Mr Mayor, could I ask Bryan? I believe your request is more erer -7
II in the form of an emergency and that your request tonight is to get a ,
conditional approval so that you can make arrangements so that you can start the
first of January rather than waiting for the first meeting in January to make
your proposal. I guess what I'm hearing from you is that you'd really like to !,
I get a nod of approval from this Council rather than waiting for the new Council
so that you can make those arrangements starting January of 1989. Is that f
correct?
II . Bryan Pike: Yes, that's correct.
II Councilman Geving: You see Tom, the question is not whether or not we should
wait and I think the whole congregation is waiting at this time when he has an
opportunity to get into the Business Park. I don't know what we could do as a
Council other than to move this along in the next couple of weeks here so that
I that can happen for you. We're all sympathetic to you because I know this is an
emergency. You had planned on building this year and it's not going to happen.
I don't see any reason why that can't happen. Personally, I would rather have
II you at Old St. Hubert's church but you have different plans and you probably
already made some arrangements.
II Bryan Pike: We've been talking with Opus and they would like to lease it as
soon as they could. It's been sitting there for a year. We came along and —
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Ay Council Meeting - December 12, 1988
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they're willing to give us a good price. I would not like to lose it by not
r being able to get some kind of approval. II
Councilman Boyt: Roger just brought up the point about, what about the old
City Hall for a month? Too small? 1
Councilman Geving: They're got too big a congregation.
Bryan Pike: The old City Hall?
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Councilman Boyt: The white building at that crazy angle.
Bryan Pike: That'd be too shall. II
Councilman Boyt: What I would propose is that the Council direct staff to allow 1
the church to operate for a month.
Councilman Johnson: I think it's, while most of the formal conditional use
permit requirements that require the public hearing and all that stuff, I think II
it's a good idea. They were there before. We approved them before. It's kind f
of a reinstitute of what we approved once before. I'm not sure how you're going ;
to do it but I have no problem with them going back to the IOP district. It + II
seems like a logical place. They've got good street frontage and everything
else that they need. The parking situation is such that they're working off
hours. Their traffic is working off hours. It seems to be a good match really.
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Mayor Hamilton: Let me propose this then. I think Bill has a good idea.
However, often times things get bogged down and not accomplished as quickly as G..-411ii
we'd like. I would like to propose that we give Bryan and his church and the
congregation the 90 day temporary conditional use permit and work with the staff
to make sure that those things that need to be met are met. Let you come back
within that 90 day period to the City Council and review it then. I
Councilman Boyt: Second.
Bryan Pike: I'm not sure if Opus will allow us to put a condition in there that 1
states if the City Council says no, that we're going to be able to get out of
it. That's I guess some of what I'm asking you what your feelings are and what
does this law strictly forbid us from doing. I'm assuming it doesn't because
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we've done it before. I guess I'll be putting my neck out on the line with Opus
if we come back in 90 days. I can't see that we would not meet the requirements
that they would ask.
Mayor Hamilton: Then I don't think 1
have 2 councilmembers who will be returning gwho ghavehalready rstated thaththeyyou
are in favor of your being there. 1
Larry Brown: At this point in time, I was hearing from the Building Inspection
Department that there may be 1
y problems with the building being able to meet the
necessary requirements for such a body such as safe fire exits, etc. , etc.. I'm
not sure exactly what that amounts to at this time but I know there may be some
problems.
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` ity. Counci.l Meeting - December 12, 1988
II 'Mayor Hamilton: I think there were some
problems with that last time and I
think they were mostly unreasonable problems so I think we'll do the things we
I need to work with. Just so the minimum requirements are met so there's not the
possibility of having someone injured in a fire or something.
I Councilman Johnson: We're not giving an occupancy permit. They still have to
meet all the fire and safety regulations. They realize that. The panic bars on
the doors. The Fire Inspectors were over there today and checked it out.
I Mayor Hamilton: You went through this previously Bryan so I think you know what
you're looking at.
IMayor Hamilton moved, Councilman Boyt seconded to allow a 90 day temporary
conditional use permit for Westside Baptist Church and that they work with staff
I to make sure the requirements outlined by staff are met. All voted in favor and
the motion carried.
tPRESENTATION OF MAPLE LEAF AWARD, MIKE LYNCH.
Mayor Hamilton: It's my pleasure to present to Mike Lynch the City of
I Chanhassen's Maple Leaf Award. It says Maple Leaf Award, presented to Mike
Lynch, Chanhassen Park and Recreation Commission in recognition of outstanding
volunteer service for the community, 1979-1988. Mike it's a pleasure for me to
present this to you. You did a heck of a lot of good work for the City in the 9
I years that you were on the Park and Rec Can-mission and I along with everyone
else appreciate it.
I Mike Lynch: Thanks Tom. It's great to have been able to work in a system.
Watch the system grow. Watch the citizentry become more aware of our parks and
to begin to use them. I think what I regret, probably as Tom does and everybody
I involved in this process, is that more people in the City don't discover that -
these opportunities are here for us to work in the city and that it's quite a
rewarding thing. Thanks again.
1 Mayor Hamilton: For those of you who may not know, the Maple Leaf Award was
established by the City Council about 7 years ago. Gt.b felt there needed to be
an award to be given to those people who had done an outstanding job of service
II in their community and it is the highest service award that this community
recognizes to those people who have volunteered their time and effort so
diligently as Mike has. Thanks again.
IIUPDATE ON LAKE RILEY CHAIN OF LAKES CLEAN-UP PROJECT, CONRAD FISKNESS AND BOB
OBERMEYER.
IIMayor Hamilton: I think prior to doing that, I wanted to just pass along some
information.
IIBob Obermeyer: Mr. Mayor, members of the Council, I'm Bob Obermeyer with the
Barr Engineering Company. Conrad Fiskness, Chairman of the Board had an earlier
conflict and was on his way... I'm here this evening just to give the Council a
IIstatus update regarding the Lake Riley restoration project. As the Council may —
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