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9. Appeal Decision of Bord of Adjustments for Front, Side and Rear Yard Variance, Lot 1 Block 1, Hidden Valley 1 , C I TY ® F cl . :,,A CHANHASSEN 1 , ,,,,,„,„, , ,,,,„.I ' ` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 D_ . 1 MEMORANDUM I/ l 4` TO: Don Ashworth, City Manager a IIFROM: Stephen Hanson, Planning Director 4j4 . DATE: March 21, 1989 ISUBJ: Appeal BOA Decision on Case 89-2 Variance r ___S."2.7 47 New Horizon Day Care Proposal I Requests for Front, Side and Rear Yard Variances for Lot 1, Block 1, Hidden Valley 2nd Addition were denied unanimously by the Board of Adjustments based on the following findings: I1. The present setback requirements severely limit the develop- ment of this parcel, however, variances to allow uses I exceeding what was anticipated on the approved site plan are inappropriate. 2 . The variances are not necessary for the preservation and 1 enjoyment of substantial property rights. 3 . The circumstances are a self-imposed hardship due to the size Iof the building being proposed for the site. Since that time, the applicant has submitted a revised plan and a I letter further describing their position. The revised plans have eliminated three parking spaces and reduced the size of one to a compact car space to move the parking spaces outside the 25 foot front yard setback which previously existed. 1 In reviewing the parking, the requirements for daycare are not specifically mentioned as far as specific number of spaces I required. Staff had felt 21 as previously shown was adequate. In reviewing the code Section 20-1118 states for uses not speci- fically mentioned in the code, the BOA should determine what is appropriate. In other day care facilities staff has required I one stall per six children plus one per employee. A brochure presented by the applicant at the BOA meeting states their building is designed to accommodate approximately 100 children I and 20 staff members. Based on this occupancy, the required parking would be 37 spaces, compared to the 18 spaces shown on the plans . IIThe revised plan has eliminated any parking space from encroaching into the previous 25 foot setback, however, the 1 III Mr . Don Ashworth March 21, 1989 Page 2 access aisle to four ( 4 ) of the spaces is within the 25 foot set- back. Section 20-1119, Yards , requires "parking facilities" to not be located in required front yards. Staff would interpret that to include the aisle to access parking spaces but not to include the driveway access from a street to the parking lot. ' It should be noted staff could support a variance to the present setback requirements of 35 foot front, 15 foot side, and 30 foot rear to allow setbacks of 25 foot front, 5 foot side and 10 foot rear consistent with the zoning in effect at the time this area was platted and granted site plan approval. Staff does not feel the applicant has shown this is possible. It is staff ' s opinion the applicants are trying to place too large a facility on too small of a parcel and the hardship is self-imposed. Enclosed in your packet is a letter from engineering regarding ' the property. In the letter they noted a line of sight problem due to the existing landscape berm which they felt could be eli- minated by modifying the existing berm. Further impeding the ' sight line will be the fence along the front property line. Although it is proposed that this will be a chain link fence, the angle will limit sight visibility. This is not necessarily due to the variance but will be a concern at the time of site plan review. Other referrals are also attached. RECOMMENDATION ' Staff recommends the City Council confirm the Board of Adjustments and Appeal ' s decision to deny the variances for Case No. 89-2 Variance for Lot 1, Block 1 , Hidden Valley 2nd Addition, G. P. BAJR, Inc. based on the following findings : 1 . That the granting of a variance is not necessary for the pre- 1 servation and enjoyment of substantial property rights. 2 . The circumstances are a self-imposed hardship due to the size ' of the building being proposed. 3 . While the zoning requirements have changed, the proposal does not comply with the previous zoning requirements . 4 . The present setbacks limit the development of this parcel, however, the proposed variances to allow usage exceeding what was anticipated on the approved site plan are inappropriate. ATTACHMENTS ' 1 . Memo from Building Inspector dated February 15 and 16 , 1989 . 2 . Letter from William R. Engelhardt Associates dated February 22, 1989. 3 . Letter from Blue Circle Investment Company dated March 15, 1989 . 4 . Petition from neighbors supporting proposal. 5 . Staff report dated February 27 , 1989. 6 . Plan dated March 21, 1989 . I ■ 1 1 CITY OF • 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 y' (612) 937-1900 1 MEMORANDUM TO: Steve Hanson, City Planner FROM: Steve A. Kirchman, Building Inspector DATE: February 16 , 1989 SUBJ: New Horizon Daycare The following is a list of requirements for the proposed Daycare Center: 1. Building to be fully sprinklered; 2 . Fire alarm system to to installed per NFPA requirements; 1 3 . Lock box shall be installed at building' s main entrance; 4 . Parking lot lanes shall have a minimum of 25 feet clear 1 width between rows of parked vehicles for vehicular access and movement. 1 1 1 1 1 1 r 1 CITY OF .,„ 1 ,L, 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 MEMORANDUM 1 TO: Steve Hanson, City Planner FROM: Steve A. Kirchman, Building Inspector fl� , 1 DATE: February 15, 1989 SUBJ: G.P. Bajr, Inc. Variance Application 1 I West wall must oe of 1 hour fire resistive construction with I parapets. All openings in west ,Ja=l must have a 3/4 hour fire protection rating. 1 I I I I I I I I I I 1 , I WILLIAM R. ENGELHARDT ASSOCIATES, INC. onutiarty (f'Ityivraeetii 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 I (612) 448-8838 IFebruary 22 , 1989 � � ;� J City of Chanhassen :f'�jL ` I c/o Mr . Gary Warren L-C.- ` 69192 h'./12/1:43 690 Coulter Drive f�ce,�� Chanhassen , MN. 55317 L IRE: Site Plan For Proposed Day Care .,, 1 JA.,- yo LA"- G. P. BA3R, Inc . 1:4 ° )-( 11 - IDear Mr . Warren : 7) We have reviewed the site plan for the above named project . I We offer the following comments : The proposed driveway is shown as a 24-foot opening . We I recommend a width of 30 feet to allow for better turning movements on and off of Lake Drive East . I The driveway is located approximately 316 feet east of the existing driveway into the retail center west of the property . This should be a sufficient separation for the driveways to function properly. IOne slight problem I did notice when reviewing this plan in the field is the line of sight of Lake Drive East as you look I west from the new driveway location . There is a slight curve in the road where your line of sight is somewhat obstructed by the existing landscape berm of the retail center . 1 This probably will not be a problem when the exact location of the new driveway is determined . This problem may be easily corrected by a modification to the existing berm area to improve Ithe line of sight from the new driveway . If you have additional questions or additional information Iis required , please advise . Very truly yours , WILLIAM R. ENGELHARDT ASSOCIATES , INC. I 2,/,( ------ -- i � Iif CITY Df � D MEMO I William R. Engelhardt LAi��EVL�O FEB 23 1989 I WRE/ las e n c l . ( 1 ) ENGINEERING DEPT. I I T 1 Blue Circle Investment Company 6125 Blue Circle Drive, Minnetonka, Minnesota 55343 612/933-0409 March 15, 1989 Mr. Steve Hanson Planning Director City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Mr. Hanson: Enclosed please find the letter to the City Council regarding our variance request. 1 The final draft contains a closing paragraph which the draft you reviewed on March 14th did not have. Thank you for the patience you have exhibited in dealing with this matter. Sincer, y, ' Patrick B. Hallisey Partner PBH/dm m/8 Encl. ' 1 MAR 16 1989 .i I Y OF CHANHASSEN I 111 Blue Circle Investment Company ' 6125 Blue Circle Drive, Minnetonka, Minnesota 55343 612/933-0409 ' March 15, 1989 City Council ' City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 ' Re: Variance Request Lot 1, Block 1, Hidden Valley 2nd Addition ' Dear Council Members: The purpose of this letter is to request the granting of the variances required in order to build a New Horizons Day Care Center on the above captioned property. The Staff Report done in preparation for the Board of Adjustments contained ' two passages, "Had the zoning not changed, the applicant could have built a structure of 4,000 square feet without variances pursuant to the approved site plan" and "The granting of the requested variance would allow a structure 44% larger than was anticipated when the site plan was approved" which could very understandably lead one to the conclusion ' we feel the Board of Adjustments reached. Without seeming to speak for the Board of Adjustments we feel that they, after ' reading the Staff Report, reached the conclusion that we were attempting to put more building on the property than we would have been allowed to under the zoning ordinances which were in effect at the time we acquired and platted the property. ' We find no fault with the City Planner for having written those passages as he was not present at the time we platted the property and the only drawing he had ever seen with respect to the subject property was a plan that showed a 4,000 square foot building. We feel that it is imperative that you completely understand the reason for the ' creation of the plan your Planner was viewing at the time he wrote those passages, as well as the circumstances surrounding its creation, and the purpose that plan was intended to serve. First, that plan was never intended to he and is not an "approved site plan". It cannot be as we never submitted the supporting drawings; i.e. drainage, utilities, land- scaping, etc. required for site plan approval. ' What that plan is, in reality, is a hastily prepared conceptual drawing done in response to a last minute request by the then present City staff to show that the property would be usable after the platting request was granted. I City Council ' City of Chanhassen March 15, 1989 Page 2 After studying the strange configuration of the building shown on that plan, I'm ' sure you will realize that we never intended to actually construct that building. The fact is that had New Horizons wanted to build on the property at the time ' we platted, we could have submitted the plan you are considering at this time and received approval as this plan meets, to the best of our knowledge, all zoning requirements that were in effect prior to the City changing the zoning ordinance. ' The City ordinances outline five conditions that must be met for the granting of a variance. The following represents our views on those conditions. (1) "That the literal enforcement of this chapter would cause undue hardship and practical difficulty." Response: We feel that the literal enforcement of the present zoning requirements would not only cause an undue hardship it would render the property unbuildable. (2) "That the hardship is caused by special conditions and circumstances 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." Response: The hardship is a result of changes to the zoning codes which have a unique effect on this property due to the irregular shape of the property. (3) "That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights." Response: Our response to Condition 1 states that strict adherence to the present 1 zoning codes would render the property unbuildable. Therefore, it follows that the granting of the variance is necessary for not just the preservation of substantial property rights, but for the preservation of any property rights. , (4) "That the special conditions and circumstances are not a consequence of a self-created hardship." Response: The special conditions are a direct result of the City changing the zoning codes as the plan we are submitting meets all the prior zoning requirements. Therefore, the hardship is not self-imposed. (5) "That the variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of this chapter." Response: The answer to this condition is, we feel, very subjective. Our feeling is that rather than having an adverse affect the proposed facility will have a very positive affect for both the City as a whole and the neighborhood immediately surrounding the property. We feel that the attached petition from the property owners in the adjacent neighborhood which supports the granting of the variances gives credibility to our feelings. I ICity Council City of Chanhassen I March 15, 1989 Page 3 IWe have previously stated that strict adherence to present zoning regulations would render our land unbuildable. In support of that statement we have attached a plan showing the maximum building allowable under your present codes. IThis plan has two characteristics which render it unworkable; I (1) It would be rejected in the marketplace as unusable for any of the 14 permitted uses allowed under the present zoning ordinance. I (2) The generally accepted rule of thumb in land development is that once you surpass 4 square feet of land for each 1 square foot of building you stretch the economic viability of a development. This plan, if one could find a user for it in the marketplace, would require 7.16 square feet of land for each square I foot of building. This represents 79% more land than the generally accepted economic guidelines. I At the time the City of Chanhassen decided to realign TH 101 we voiced strong opposition due to the negative impact that realignment would have on the value of our property. I Despite the City's decision to go ahead with the realignment over our objections we pledged to work with the City in an effort to do all within our power to minimize the negative affects of that realignment. IThis request is in keeping with that pledge as, in our minds, the construction of a day care center would have a more positive affect on our adjacent shopping center Ithan the construction of any of the other uses permitted under your new zoning ordinance. We have tried to illustrate that no matter how the property is developed, if it is ever to be developed, it will require the granting of variances. In recognition of that I need we respectfully ask that you grant the variance that we are requesting at this time. The granting of the presently requested variances would fulfill several positive and legitimate objectives without having an adverse affect upon the health, safety, 1 or welfare of the City's residents. Some of those positive objectives are; I (1) Allowing the property to be developed immediately, thereby maximizing the economic benefits to all concerned. This includes those bodies receiving property Itaxes within a community that has a very high rate of' taxation. (2) Fulfilling a need that presently exists within the community. I (3) Being responsive to the desires of the residents that have expressed strong support for the granting of the variances. • (4) An expression of the City's desire to work with us in an attempt to maintain the highest level of property value possible in the face of changing circumstances. City Council City of Chanhassen March 15, 1989 Page 4 The decision you reach on March 27th regarding this request will have great impact upon our property rights and value. We thank you in advance for your thoughtful consideration of our request. We hope that we have the opportunity to fully respond to any and all questions you may have prior to your formulating a final decision. Sincerely, Patrick B. Hallisey Partner PBH/dmm/7 i I am wii mil EN NE Ns NE ow wil I NE No I = ow EN NE alim no 0 $i-Ac •ToF rA '" C•L �t.AA1 L 2° MIN. to h.t.K vVesARtNC, 4H1N. 2 1 t g C- Q' M.A.,t�•4c-6. o.�1 jZt 4. 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CiOtrV1GR(fi `i9111!II��I. ,l��Q"GDV7 -'— ��''A�[ D�F'�1 Tt,l�v L-"...se. cw - - s rt o�. I I X 16x8 Frt. —.._>.t-T~ "1 j 7- 2 yids -- --1 =t Y -. a t t - Rtz. .C�(LA'D N GIR..OUND 1 v,.-,) t__ — y,i y \_ p.;4 1`j 7�\`--^\ �aV�F9 U��• FL A.A� ., '/ l fS 1 r7 Ac's /aL�'�tR-UI�T�+ / �o PL/1 J? IN {_�GI�t7t�l�t � �� I I 1 I hereby certify thnr this plan, specification,or O fr - J �t-1 ''� '�- )7Q1�/1=�-s f report was prepared by me nr a-dcr my n,osupervision and chat 1 t�� 1 _S•.7/.t t' C° 44-t GtA�'4 i o 1 Architect under the • 's of the Se of Mi tl z t _,\1 II y 4- SVCq-1J I N6,_ Go i.-mVL� -9,ve- t. aeso 1 I I I ' Da 'V r Reg.No /bJ J,_ • ' Y.-- , 8 _- , .. .... ....,vk�,. ., .r_., _-1: ..., - - -- 1 As a resident of Chanhassen most directly affected by the proposal to 1 build a New Horizons day care center adjacent to the Total Mart shopping center, I wish to express my support of that proposal. Having reviewed the proposed plan, I like to urge the City, for the benefit of the 1 City of Chanhassen in general and our young family neighborhood in particular, to grant the requested variances that appear to have no adverse 1 effects and would allow for the construction of that day care center. Signature Address Date 1 d 6 , 1,,O.c. ( goo ) C Dpi -del i . frlati, ee- -,0-0-z-, 5(9 ) I*--,na.) ��( L )5- 1 .IIP6!-7- -/ ,eiL, 9/z6Qe6L.„ e=t - -7---//?/. 7 -,E6_,,, a l Q_ 117/ - _ . -/ " g27/-g 9 1 I _mv-,—, giy( ikil,_ ct- al t 9/ 1 i 'mid' 6 giv( HigL4 G7( . 2ma. . 1 /' 8 1 . .ft*. gois1 I-I, if/a-m C-i-. Z_19 - `) 1 4-4 r' !/4. . IFel� 1�1?/. lily - 1_" I/�_cf'% i . 0 • ,,,ete,v,za 1 el.). . . c3 -/ . 4/..a,„. . . . 72-A. . .v *• • • /o , gH3 iiin dTh/ / 7 ,iyelal 7_ e 1 5-3 AA Pa-5 tf 1--- 2115/8' I & /1-7, Q -5„ // 4 () - (,) _ ,25---gy: / A - \ Y"'/7" /// 1/ (/-4-'/ - _2 - -.�_ 1i);'7 r 1 -- --';"' --.7Y ---. P7(9./Z//1)0: -1.6.771CIC i.'e . . <37 -2=7,s- - ,c9 1 I ■ 111 . I As a resident of Chanhassen most directly affected by the proposal to build a New Horizons day care center adjacent to the Total Mart shopping center, I wish to express my support of that proposal. Having Ireviewed the proposed plan, I like to urge the City, for the benefit of the City of Chanhassen in general and our young family neighborhood in I particular, to grant the requested variances that appear to have no adverse effects and would allow for the construction of that day care center. ISi. dttrrel Address Date ,� ' . . 0 ../. 1- q67-( W .... ,. z • 1 a . gg 1 r� , f . , - -2 i acJit- 2 i .-.A7 I e bioelo„( . . (. /, . ,„ < . . .go.6/. Na,4,1/c, e-t-fde 0- ifs? I . Wi ) A,T),L--, g (-L(( ._, cam 2-1 t 1»-d,<( 0.)„,,,,,-- gPaD - 3-- 1 -r 9 s. .( 1 A . , '2,0. 'D 4{, co) 64( 91g1 I4---tV D { J-o2. ., G-, a__, III/ c( I �. s_ k 3L10 1-E cA ci c0 Di 2--)l I 5 Ike -4 mr-!. .�' /. Jl i ./ C 4 - • /,// a/ o�v, _z-/g_ y7 t aitcr -d-t‹. LazIo tb--(cdm Lor-e_ D - 4 . - 1 . . .I I. '� aTh - /Y.- gq 1 amdc; tim,T ,3/ Hidd s L cnrme._ 2- /g -8% ■ ,itif, c Z7/ Le i. La,t-Ge 2-/ S- - Y`� I / , /G .7 hio.p= i_,N zf/Vg7 ..ii, _ ,1/4.0.,A97 1,,A/ .717/(q I40 , . . ). :----:v d yll., .k._ g(b 0 4-1 ei:OWt-- C,4' ...27( e( ( 1 . I . :. 4 . f. vo. /-,7(. .(.defic(:. . , -(z (. ef I C !T Y O F BOA DATE: Feb. 27, 1989 \ II CHANHASSEN C.C. DATE: CASE NO: 89-2 Variance „ Prepared by: Hanson/v , r il STAFF REPORT il PROPOSAL: Variances to Front Setback, Rear Setback, and I Side Setback II a V LOCATION: Lot 2, Block 1, Hidden Valley 2nd Addition II a. II Cl. APPLICANT: G. P. BAJR, Inc. 1100 International Center II900 Second Avenue So. Minneapolis, MN 55402 ■ II PRESENT- ZONING: BN, Neighborhood Business District ACREAGE: . 5833 acres DENSITY: V 7%t01.- I ADJACENT ZONING AND LAND USE: N- BN; vacant 2. -2 3 k=; I � S- PUD-R; single family E- PUD-R; single family _ c I Q W- BN; commercial II W WATER AND SEWER: Municipal services are available I PHYSICAL CHARAC. : Generally a level site 2000 LAND USE PLAN: Commercial II Sr 1 BAJR, Inc. February 27 , 1989 Page 2 SUMMARY OF REQUESTED VARIANCES C-2 BN Description District Site Plan District Proposed Front Setback 25 ' 25 ' 35 ' 10 ' parking 35 ' building Rear Setback 10 ' 30 ' 10 ' Side Setback 5 ' 15 ' 5 ' ' Maximum Lot 25% 17% N/A 25. 03% Coverage BACKGROUND ' This property received site elan approval on June 2 , 1986 , from City Council. At that time the property was subdivided into two lots. The zoning at the time was C-2. The standards for ' that district are noted above. The zoning code was amended on December 15, 1986 by City Council . That amendment changed the C-2 District to BN with the standards noted above. The amendment of the zoning code was the result of approximately three years of study and public hearings . With the change to the zoning code, the applicants are subject to ' the existing regulations. The site plan does not supercede the present zoning as the applicants have not constructed improve- ments on Lot 2 pursuant to the site prior to the zoning change. The changes to this district are significant relative to the required setbacks . The front setback was increased by 10 feet, the rear by 30 feet and the side by 15 feet. Applying these set- backs to the property results in a buildable area of approxi- mately 8 , 100 square feet. The code allows for parking to be located in side yard setbacks so if this is added the buildable area increases to 9 , 600 square feet. Based on the ratio of ' parking area to building area of the proposed daycare center this would allow a building of 4 , 000 square feet. However, due to the triangular shape of the parcel not all of the buildable area is usable. This ratio is figured on the proposed 5 , 760 square foot daycare plus 8 , 000 square feet of parking which results in 13 , 760 square feet of total impervious cover. This total figure divided by the daycare equals a ratio of 2 . 4 square feet of impervious cover per square foot of building. The approved site plan called for a single access to serve both lots . The applicants have a plan using this concept, however, the building is then pushed into the front setback so that only a 10 I 1 BAJR, Inc .. February 27 , 1989 Page 3 foot setback is left. From a traffic standpoint, a single access would be preferrable. To the east end of the subject parcel a future access is planned to serve the property north of the sub- ject parcel. This future access is 120 feet east of the access drive proposed to serve the daycare center. If the proposed plan is found acceptable, the ideal access would be to share the future access to the east and eliminate the direct access to Lake Drive East from the daycare site. The proposerd plan calls for the majority of the front yard to be fenced for the daycare playground. The fence is to be located just inside the property line. The Board of Adjustments and Appeals shall not recommend and the Council shall not grant, a variance unless they find the following facts : A. That the literal enforcement of the Ordinance would cause undue hardship and practical difficulty. * The enforcement of the present setback requirements would significantly limit buildable area. Strict adherence to the requirements would not be in keeping with the developed 11 portion of Lot 1 to the west. 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 hardship is the result of the shape of the parcel and 11 the changes to the zoning code. Had the zoning not changed, the applicant could have built a structure of 4, 000 square feet without variances pursuant to the approved site plan. C. That the granting of the variance is necessary for the preser- vation and enjoyment of substantial property rights. * The granting of the requested variance would allow a struc- ture 44% larger than was anticipated when the site plan was approved. Granting of variances to allow setbacks con- sistent with the approved site plan would permit preser- vation and enjoyment of substantial property rights . D. That the special conditions and circumstances are not a con- sequence of a self-created hardship. I * The changes to the zoning code would require variances to construct what was approved on the site plan, however, if the zoning code had not been amended, the proposed plan I I BAJR, Inc, February 27 , 1939 Page 4 would still require variances to the front yard setback for the parking. The need for this variance is due to the ' increased size of the proposed structure from 4 , 000 square feet on the approved site plan to the proposed 5 , 760 square foot daycare structure. This increased square footage is a self-imposed hardship. ' 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 variance should not be injurious or adversely affect the neighborhood. However, the fencing of the front yard does not seem to be in keeping with the area and reduces the visibility at the access drives . The applicants have ' provided additional landscaping then the code requires. The landscape does eliminate two parking spaces shown on the site plan. ' RECOMMENDATION Staff recommends the Board adopt the following motion: "The Board of Adjustments and Appeals has reviewed the proposed variance for Variance Request #89-2 and denies the requested ' variances to the side, front and rear setbacks of the City Code Based on the following findings : ' I. The present setback requirements severely limit the develop- merit of this parcel, however, variances to allow uses exceeding what was anticipated on the approved site plan are inappropriate. ' 2 . The variances are not necessary for the preservation and enjoyment of substantial property rights . 3 . The circumstances are a self-imposed hardship due to the size of the building being proposed for the site. " ATTACHMENTS 1 . Copy of application. 2 . Copy of plat. 3 . Copy of approved site plan. 4 . Copy of General conditions for granting a variance. 5 . Copy of letter from Patrick Hallisey dated February 16 , 1989 . Copy of proposed site plan. 7 . Copy of proposed landscaping. 8 . Copy of C-') zoning. 9 . Copy of BN zoning. 11 LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 (612) 937-1900 APPLICANT: G. P. BAJR INC. OWNER: G. P. BAJR INC. ADDRESS 1100 International Center ADDRESS 1100 International Center 900 Second Avenue South 900 Second Avenue South Minneapolis, Minnesota 55402 Minneapolis, Minnesota 55402 II Zip Code Zip Code TELEPHONE (Daytime) 720-6723 TELEPHONE 432-9631 REQUEST: 1 Zoning District Change Planned Unit Development Zoning Appeal Sketch Plan Preliminary Plan X Zoning Variance (set back variance) Final Plan Zoning Text Amendment Subdivision Land Use Plan Amendment Platting ' Metes and Bounds Conditional Use Permit Street/Easement Vacation Site Plan Review Wetlands Permit PROJECT NAME New Horizon Daycare I PRESENT LAND USE PLAN DESIGNATION Commercial REQUESTED LAND USE PLAN DESIGNATION No Change PRESENT ZONING _ B-N ' REQUESTED ZONING B-N USES PROPOSED Daycare Facility ' SIZE OF PROPERTY •5833 acres (25,408 square feet) LOCATION Lake Drive East - East of Hwy. #101 REASONS FOR THIS REQUEST The moving of Hwy 101 has adversely affected the nature and value of the property plus the City changed the zoning and set backs since the property was platted. The new set backs render the property un-•buildable. 1 LEGAL DESCRIPTION (Attach legal if necessary) Lot 2, Block 1 - Hidden Valley 2nd Addition ' I 1 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 g Si Date /-°//49 Applicant' _ rThe undersigned hereby certifies that the applicant has been authorized to make this application for the property herein described . Signed By ..�s�� 1� ' %�ii� Date — `� — ' Q7'// /� Fee Owner / Date Application ppl cation Received ' Application Fee Paid City Receipt No. * This Application will be considered by the Planning Commission/ Board of Adjustments and Appeals at their February 27, 1989 meeting. ■ MB • NM MI — •• MM MI MI MN I IIIIII -LAT E NO. _ 14•LT. •Y. /UT p HIDDEN VALLEY .. C.R. �bC. NO. T.1t SA(,(TOF TFt S(AITIk0(TITtr I �' Ti TN(FO�IF LIKE Ot LeTl..,�•S. 2ND A D D I T I Q N 1• FIOD(M VwL\[T.,o(„1s•ssw(D To 111.•11 O M•1•)1 Of'F. ,...... I I • Ot FOT((141 1F(N 1 14 F0CM IKON I ` 4• , ►1►( Y•aa(O It LILT F((FO TM _, I J: PRELIMiNARY ! ....i , I I\ z I \..•.7. t 0 -.._Ner•JYo7w m-ea-••• ------•-• ._1 '-d / . Coro : t r47.0 ■ pl,tD'� / o a I 0.5833 Acres, t �� i.� 1.3491 Acres L `I T I i o l? 4 2 /� yr of Iii H .! v i s �� n 4 �i ALLEY .' 16'. - .. _ .- ... .., _ . ' :.....•.. ... .• It • _ l I.1 j0 L i•—iO0 C'"5 0.f( . _. . ---w.aa•oo 00-w 10,57.... • .44-7;::...- tt. 1/ /!.j Wit. _• .:.. ..' . ' .1....�,:_. I c ^ im ` yl v " .• • .. _• •• r -• f A T N A t•I t 11 G O U I P T. INC. I • • (I o --=-SB — 3 0.19 I , , . - - , -:;ir Vy/e.r A _�`rr dC/fijjjafil4 S1 a.. /5. 81 18 • ,� � J .1%,";*""S 2-0 a ._-'t3il..vc1._ r T% I: ' ar el:5 1 t: to / \,. _. _ _ �-a 6-, . Trzai40 -- I i -Guetro-- > i -PST b ., <1, • 'CA k . CITY OF CHANHASSEN 'N'I"::......... ...------ - - . . RECEIVED i APR 2 •q86 CHANHASSEN PLANNING DEPT. — s3___‘i4.uns _ 1�, .- rc,tZ -----C,�• z.AwA,CI T _"r-c4T- 'F'.1 ^-Qi i N Li ...4 e-b ot....5 Thereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Architect under the •.. of the State of Min- nesot. • ' 71. r Reg No. ! 'M 1 ZONING § 20-58 chapter, including the zoning map to the council. If no report of recommendation is transmit- ted by the planning commission within sixty(60)days following referral of the amendment to the commission, the council may take action on the amendment without awaiting such recommendation. (Ord. No. 80, Art. III, § 3(3-3-4), 12-15-86) Sec. 20-45. Council action. Following planning commission consideration of an amendment to this chapter including I the zoning map, or upon the expiration of its review period, the council may adopt the amendment or any part thereof in such form as it deems advisable, reject the amendment, or refer it to the planning commission for further consideration. (Ord. No. 80,Art. III, § 3(3-5-5), 12-15-86) Secs. 20-46-20-55. Reserved. ' DIVISION 3. VARIANCES Sec. 20-56. Generally. A variance from this chapter may be requested only by the owner (or his approved , representative)of the property representative to which the variance would apply. A variance may not be granted which would allow the use of property in a manner not permitted within the applicable zoning district.A variance may,however,be granted for the temporary use of a one-family dwelling as a two-family dwelling. In granting any variance, the board of adjust- ments and appeals may prescribe conditions, to ensure substantial compliance with this chapter and to protect adjacent property. (Ord. No. 80, Art. III, § 1(3-1-3(1)), 12-15-86) Sec. 20-57. Violations of conditions imposed upon variance;termination for nonuse. The violation of any written condition shall constitute a violation of this chapter. A variance shall become void within one (1) year following issuance unless substantial action has been taken by the petitioner in reliance thereon. (Ord. No. 80, Art. III, § 1(3-1-3(1)), 12-15-86) Sec. 20-58. General conditions for granting. A variance may be granted by the board of adjustments and appeals only if it finds all the following: (1) That the literal enforcement of this chapter would cause undue hardship and practi- cal difficulty. (2) That the hardship is caused by special conditions and circumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to other lands or structures in the same district. 1161 § 20-58 CHANHASSEN CITY CODE ' (3) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. ' (4) That the special conditions and circumstances are not a consequence of a self-created hardship. ' (5) That the variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of this chapter. (Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86) Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. U A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: ' (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one (1) driveway and one(1)main entry. (3) Separate utility services are not established(e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare ' of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. (Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86) Sec. 20-60. Denial. ' Variances may be deemed by the board of adjustments and appeals and the council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. ' (Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86) Secs. 20-61-20-70. Reserved. ' DIVISION 4. NONCONFORMING USES ' Sec. 20-71. Nonconforming buildings and uses. The lawful use of a building or land existing on February 19, 1987 may be continued, although such use does not conform with the provisions of this chapter. Except as otherwise provided, nonconforming uses shall not be extended or enlarged. (Ord. No. 80, Art. III, § 5(3-5-1), 12-15-86) Sec. 20-72. Nonconforming lots of record. Single-family lots in the A-2 and RR Districts established prior to February 19, 1987 shall ' be deemed as buildable lots. In the RSF and R-4 districts, notwithstanding limitations im- 1162 r 1 Blue Circle Investment Company 6125 Blue Circle Drive, Minnetonka, Minnesota 55343 612/933-0409 1 February 16, 1989 1 Board of Adjustments/City Council City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Re: Variance Request Lot 2, Block I, Hidden Valley 2nd Addition TO WHOM IT MAY CONCERN: As the fee owner of the above captioned property we are requesting building and parking set back variances in order to facilitate the construction of a day care center. The following represents our feelings regarding the five general conditions for 1 granting a variance in accordance with your Zoning Ordinance Division 3, Section 20-58. 1. The literal enforcement of the current set back requirements would render the property un-buildable. 1 2.. This hardship is due to the size and irregular shape of this particular piece of property and therefore does not apply to other parcels. 3.. Without the granting of the requested variance we would have no property rights as the land would be un-buildable, therefore, it would have no value. 4. This special condition is not self created. It was created by a change in the property's zoning and set backs by the City of Chanhassen.. This change occurred subsequent to the time we platted the property. 5. Rather than creating a hazard, the granting of the variance will allow the property to be safely used for a permitted use which will be of substantial benefit to the adjacent neighborhood as well as residents of the entire City. I plan to attend your meeting on February 27, 1989 so that I may answer any questions you may have regarding our request. 1 Sincerely, it4///77-/--‘1.-;1> Patrick B. 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Parking areas adjoin located in separate areas adjacent to oth that a site facing on an R IA, R-1 or R-2 ing all other districts shall not be local er retail business districts and thus help Residential District shall have a front ed closer than 25 feet to the side or rear to keep the basic retail areas compact ' yard having a depth of not less than 100 property line Truck traffic shall be and convenient, and in other separate feet. b. A lot located at the intersection of routed around and not through automo- areas to provide a district which may be bile parking areas. located in close proximity to a major tho- two or more streets shall have a front 4. Loading: roughfare or highway in order that high- yard depth on each street side of not a. An off-street loading facility shall way service types of land uses can be I less than the depth required under be provided with an area of not less provided. subsection2iai above. than 12. feet in width and 65 feet in length, exclusive of aisles and maneu- 11.92 Permitted Uses. Within a C-3 Co 3. Side Yard Regulations: Commercial Service District. no building a. A site adjoining an R-1A. R-1 or vering space Such facility shall be at or land shall be used except for the follow- ' R-2 Residential District shall have a the rear of principal structure and shall ing uses- s I ide yard having a depth of not less than be used exclusively for the loading and I. Sales. services and major repair of 75 feet. unloading of merchandise. All such fa- motor vehicles, boats, and mobile pow- 4. Rear Yard Regulations: cilities, aisles and maneuvering space er driven recreational equipment. a. A site adjoining an R-1A,R-1 or R- shall be surfaced in the same manner 2. Auto service stations, provided that 2 Residential District shall have a rear as that prescribed for parking areas. the minimum standards of Section i I. yard having a depth of not less than 75 5. Storage: 10 040 i of this ordinance shall apply 5. Lot Area Regulations: a. All supplies, equipment, and mo- 3. Establishments of the "drive-in" type at Not more than 25`� of the lot area tor vehicles in excess of 2 of larger than offering goods or services directly to 7,000 pounds licensed gross weight shall customers waiting in parked motor II- shall be occupied by buildings. be stored withifi a completely enclosed vehicles, provided that the minimum 6. District Area Regulations: building. t 10.08 Landscaping. standards of Section that he2i of this a. Each C 2 Commercial District ordinance shall apply shall have an area of not less than 5 1. All exposed ground areas of a permit- 4. Greenhouses for retail sales only. I acres, unless such district adjoins an- ted use which are not devoted to drives. 5. Financial institutions. other C-2 District or a C-3 District. sidewalks. patios or similar uses shall 6. Hotels and motels. 10.06 Building Design and Construe- be landscaped with grass. shrubs. 7. Restaurants, theaters and taverns. tion. Building design and construction trees, or other ornamental landscape 8. Dry cleaning and laundry collection within a C-2 District shall be governed by materials, which shall be kept neat. stations,and self-service laundries. I the provisions of Section 9 06 of this ordi- clean, and uncluttered. No landscaped 9. Retail plumbing, heating, television. Hance,except as hereinafter set forth: area shall be used for the parking of radio and appliance sales and repair 1. Accessory Buildings: vehicles or the storage or display of 10. Mortuaries. a. Set back requirements established materials.supplies,or merchandise. 11.03 Accessory Uses. Within a C-3 for buildings in a C-2 District shall ap- 10.09 General Regulations. Commercial Service District, the follow- ' ply to accessory buildings. 1. Uses permitted in the C-2 Commercial ing uses shall be allowed as accessory to [ b. Exteriors of accessory buildings Districts shall be subject to the follow- the permitted use shall have the same exterior finish as ing conditions 1. Subordinate uses which are clearly and the principal structure. a. All business establishments shall customarily accessory to the permitted I 10.07 Parking, be retail or service establishments use 1 Spaces Required: which deal directly with customers. All 11.04 Conditional Uses. Within a C-3 L a. The minimum number of off-street goods produced on the premises shall Commercial Service District. the follow- parking spaces required on the building be sold on the premises where pro-., ing uses may be allowed, but only upon site for each of the following permitted duced. r. the securing of a Conditional Use Permit I___ uses shall be: b. All business, servicing or process 1 Uses allowed in the R 4. C 1 and C 2 General Retail Sales and Services, ing, except for off-street parking and Districts. Financial Institutions: One space per off street loading, shall be conducted 2 Commercial greenhouses and land- 150 square feet of principal structure within completely enclosed buildings. scaping businesses. 1111 gross floor area c. All activities involving the produc- 3. Parking ramps. Business and Professional Offices, lion, processing, cleaning, servicing, 4. Private clubs and lodges organized as L except medical and dental- One testing or repair of materials, goods or non-profit corporations. space per 300 square feet of principal products shall conform with the perfor- 5. Passenger facilities for mass transit structure gross floor area. mance standards established for the 1-1 services. E. Medical and Dental Offices: Six Industrial District in Section 12 of this spaces for each doctor or dentist ordinance, provided that the perfor- 11.05 Height, Yard, Area and Lot maintaining professional offices in mance standards shall in every case be Width and Depth Regulations. the principal structure. applied at the boundaries of the lot on 1. Height Regulations: Restaurants, . Theaters and which such activities take place a. No structure shall exceed 45 feet ' Taverns: One space per 300 square 2. Additional regulations in the C-2 Com- L feet of principal structure gross floor mercial District are set forth in Section grade of the surrounding lot area. area or one space per 3 seats in place 19 in height as measured from the average 2. Front Yard Regulations: of assembly,whichever is greater 1.10.10 Boundaries of the C-2 Commer- a. There shall be a front yard having I Government Buildings: 10 spaces 4cial District. a depth of not less than 40 feet. except 6 plus one space per 500 square feet of The boundaries of the C-2 Commer- principal structure gross floor area 5 cial District shall include the following that a site facing on an R-1A. R I or R-2 Residential District shall have a front Mortuaries: One space for each described tracts and parcels of land yard having a depth of not less than 100 employee and one space for each 3 SECTION 1I. C-3 COON"MERCIAL feet. L ' seats in the place of assembly SERVICE DISTRICT. b. A lot located at the intersection of 2.Design and Construction: 11.01 Purpose. The C-3 Commercial two or more streets shall have a front a The design and construction of off- Service District is designed to furnish yard depth on each street side of not street parking areas in a C-2 District areas served by other retail business dis- less than the depth required under shall be governed by the provisions of tricts with a wide range of services and subsection Zia i above. ' Section 9 07 of this ordinance goods which might otherwise be locum- 3.Side Yard Regulations: 3.Location: Datable with the uses permitted in retail a. A site adjoining an K IA. R-1 or R- a The parking area may abut the business districts. This district is intend- 2 Residential District shall have a side property line if the abutting property is ed as a business district which may be yard depth of not less than 75 feet. 4, 4, 'e tzd V7-NW �_ 0m�nd��t i}�-l� 10 . /i h>„t Ned-- '-f 1-G -2 to ,1\4.,.1.v.t f 7-t. �3. 4mt,.. A. 41 7_A 4 � • 4 Rear Yard Regulations: a A site adjoining an RA A. R unloading of merchandise, All such fa- cilities. aisles and maneuvering space processing of used products or mater[ -1 or R- als and excluding the processing of 2 Residential District shall have a rear shall be surfaced in the same manner animals. yard depth of not less than 75 feet. as that prescribed for parking areas. 2. Research. testing and experamenta- 5. Lot Area Regulations: 5. Storage: a. Not more than 50', of the lot area a Merchandise of the type custom- 3. tion. shall be occupied by buildings. arils displayed outdoors for retail sale 4. Wholesaling and warehousing I 6. District Area Regulations: may be so displayed beyond the con- S Building materials sales and storage. a. Each C-3 Commercial Service fines of the principal structure.provid- 3 12.03 Accessory Uses. Within an 1-I District shall have an area of not less ed that in no event shall the outdoor Industrial District. the following uses than 10 acres. unless such district ad- display area exceed 20', of the ground shall be allowed as accessory to the per- joins a C-2.C-3 or I-1 District. floor area of the principal structure. milted use: , 11.06 Building Design and Construe- Merchandise awaiting service or repair 1. Subordinate uses which are clearly and lion. Building design and construction shall be stored within an enclosed build- customartiy accessory to the permitted within a C-3 District shall be governed by ing or shielded from view at street ley- use. the provisions of Section 906 of this ordi- el by a wall or fence not less than four 2. Retail sales or products manufactured'Co nance.except as hereinafter set forth feet nor more than six feet in height. on the site of the permitted use 1. Accessory Buildings: 11.08 Landscaping. a. Set back requirements established I• All exposed ground areas of a permit- industrial District,ithesfoll win an es for buildings in a C-3 District shall ap ted use which are not devoted to drives. may be allowed, but only upon the secur- ply to accessory buildings. sidewalks, patios or similar uses shall ing of a Conditional Use Permit: I b. Exteriors of accessory buildings be landscaped with grass. shrubs. 1. Airports and heliports. shall have the same exterior finish as trees, or other ornamental landsca � the principal structure materials. which shall be kept neat. 2. Freight terminals. , 11.07 Parking. clean, and uncluttered. No landscaped 3. Contractors'yards when conducted 1. Spaces required: area shall be used for the parking of entirely within fully enclosed fenced I a. The minimum number of off street vehicles or the storage or d splay of lures or within a completely fenced parking spaces required on the building materials.supplies,or merchandise. area. site for each of the following permitted 11.09 General Regulations, 4. Auto service stations, provided that uses shall be 1. Uses permitted in the C 3 Commercial the minimum standards of Section 10 04 ' Auto service Stations: 3 spaces for Service Districts shall be subject to the 11 i of this ordinance shall apply each enclosed service bay and one following conditions' 5. Parking ramps. space for each employee on primary a All business establishments shall 6. Passenger facilities for mass transit shaft. be retail or service establishments 12.05 es. t. Establishments of "drive-in which deal directly with customers. All 12.05 Height, Yard, Area and Lot type": One space for each employee goods produced on the premises shall Width and Depth Regulations. per shift (not including outside serv- ice be sold on the prem ses where pro- 1. Front Yard Regulations: ice employees' in addition to re- duced. a There shall be a front yard having 9 re- quired spaces for customers, b All activities involving the produc- a depth of not less than 30 feet, except ' Hotels and Motels: One space for processing. cleaning, servicing, hat a site facing on an R-1A, R-1, R-2, II [ion, r each rental unit and one space for testing or repair of materials, goods or R-3 or R-4 Residential District shall each employee on primary shift. products shall conform with the perfor- mance have a front yard having a depth of not p less than 100 feet. Restaurant: One space for each mince standards established for the I 1 employee per shift and one space for Industrial District in Section 12 of this b Each building in excess of 45 feet each 3 seats in the dining areas. ordinance. provided that the perfor- mance in height shall have a front yard having General Retailing: One space for mince standards shall in every case be a depth of not less than 30 feet plus one each 150 square feet or fraction foot of front yard for every foot in applied at the boundaries of the lot on a thereof which such activities take place. height in excess of 45 feet. Mortuary• One space for each 2 Additional regulations in the C-3 Com- c A lot located at the intersection of ' employee and one space for each mercial service District are set forth in two or more streets shall have a front seats in the place of assembly Section 19 yard depth of not less than the depth Clubs the Lodges: One space for 11.10 Boundaries of the C-3 Commer- required under subsection 1 tai and 1 300 square feet of gross floor cial Service District. t b)above ' Leach area or one space for each 3 seats an The boundaries of the C-3 Commer- cial 2 Side Yard Regulations: the largest place of assembly Service District shall include the fol- lowing a There shall be a side Yard having a 2. Design and Construction: described tracts and parcels of depth of not less than 25 feet, except L a. The design and construction of off- land that a site adjoining any Residential street parking areas in a C-3 District SECTION 12. 1-1 INDUSTRIAL DIS- depth of not less than 75 feet. shall be governed by the provisions of TRIM'. District shall have a side yard having a Section 9 07 of this ordinance. 12.01 Purpose. The Council of the Vil- in height shall have a side yard having a b Every building in excess of 45 feet 3. Location: lage of Chanhassen determines that its depth of not less than 25 feet plus one L a. The parking area may abut the goal in zoning is that all industrial uses be foot of side yard for every foot in height property line if the abutting property is established within Planned Industrial in excess of 45 feet I zoned C-2 or C-3. Parking areas adjoin- Districts. The I-1 Industrial District is 3. Rear Yard Regulations: ing all other districts shall not be locat- intended to provide a district which will a There shall he a rear yard having a ed closer than 25 feet to the side or rear allow general industrial uses which do not depth of not less than 25 feet, except I property line Truck traffic shall be conform to the regulations of a Planned that a site adjoining any Residential routed around and not through automo- Industrial District due to size, nature of District shall have a rear yard having a bile parking areas. operations and land area of nt less 4 Loading: 12.02 Permitted I-sex. Within an I-I depth b Eachii building a n7excess of 45 feet a An off-street loading facility shall Industrial District, no building or land in height shall ha-e a rear yard having be provided with an area of not less shall he used except for the following a depth of not less than 25 feet plus one I than 12 feet in width and 65 feet in uses length, exclusive of aisles and maneu- vering space Such facility shall be at compounding he s height excess of 45tfeeteVt every foot in the rear of principal structure and shall bl of packaging. and treatment. butem_ 4 District ach l I Area R a Industrial District shall I be used exclusively for the loading and eluding uses engaged principall% in the have an area of not less than 5 acres. cress I y !nvndr,,t `f 7- C_ l l 1 �j.., ,:f,:i u • r ' ZONING § 20-712 ' b. For rear yards, thirty(30)feet. c. For side yards, fifteen(15)feet. 1 (7) The maximum height is as follows: a. For the principal structure, one(1)story. b. For accessory structures, one(1)story. ' (Ord. No. 80, Art. V, § 10(5-10-5), 12-15-86) Secs. 20-696-20-710. Reserved. ARTICLE XVII. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-711. Intent. highway' The intent of the "BH" District is to provide ,rovide for ment restricted to a low building hway oriented commercial develop- (Ord. No. 80, Art. V, § 11(5-11- g Profile. 1), 12-15-86) ' Sec. 20-712. Permitted uses. The following uses are permitted in a "BH" District: (1) Financial institutions. ' (2) Fast food restaurant. (3) Automotive service stations. (4) Standard restaurants. (5) Motels and hotels. (6) Offices. (7) Retail shops. ' (8) Miniature golf. (9) State-licensed day care center. (10) Car wash. ' (11) Convenience store with or without as g pumps. (12) Personal service establishment. ' (13) Liquor stores. (14) Health services. (15) Utility services. (16) Shopping center. 1217 I • I § 20-693 CHANHASSEN CITY CODE Sec. 20-693. Permitted accessory uses. The following are permitted accessory uses in a `BN" District: (1) Parking lots. (2) Car wash(when accessory to automotive service station). I (3) Signs. (Ord. No. 80,Art. V, § 10(5-10-3), 12-15-86) _ Sec. 20-694. Conditional uses. ' The following are conditional uses in a `BN"District: I (1) Convenience store with gas pumps. (2) Automotive service stations. (3) Drive-in banks including automated kiosks. I (4) Temporary outdoor display of merchandise for sale. (5) Standard restaurants. I (6) Bed and breaksfast establishments. (Ord. No. 80, Art. V, § 10(5-10-4), 12-15-86) I State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-695. Lot requirements and setbacks. 0 The following minimum requirements shall be observed in a "BN" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is three (3) acres. This paragra h ma I case of expansion to an existing district. P y be waived in the (2) The minimum lot area is fifteen thousand(15,000)square feet. I (3) The minimum lot frontage is seventy-five (75) feet, except that lots fronting on a cul-de-sac shall have a minimum frontage of sixty(60)feet in all districts. (4) The minimum lot depth is one hundred fifty(150)feet. I (5) The maximum lot coverage including all structures and paved surfaces is sixty-five (65)percent. I (6) Off-street parking areas shall comply with all except that no rear yard parking setback shall be required for tstdirrectlys abutting, I section railroad trackage; and, no side yard shall be required when adjoining commercial uses establish joint off-street parking facilities, as provided in section 20-1122,except that no parking '' P g areas shall be permitted in any required side street side yard. The minimum rear yard shall be fifty (50) feet for lots directly abutting district. Side streets side yards shall be a minimum of twenty-five (25)feet.esidential Other setbacks are as follows: I a. For front yards, thirty-five (35)feet. 1216 ■ 1 I IZONING § 20-692 I (5) The setbacks are as follows: a. For front yards, twenty-five(25)feet. b. For rear yards, twenty-five(25)feet. Ic. For side yards, ten(10)feet. (6) The maximum height is as follows: Ia. For the principal structure,three(3)stories/forty(40)feet. b. For accessory structures, one(1)story/fifteen(15)feet. (Ord. No. 80,Art. V, § 8(5-8-5), 12-15-86) ISecs. 20-676-20-690. Reserved. ARTICLE XVI. "BN" NEIGHBORHOOD BUSINESS DISTRICT ISec. 20-691. Intent. The intent of the "BN" District is to provide for limited low intensity neighborhood retail I and service establishments to meet daily needs of residents. (Ord. No. 80, Art. V, § 10(5-10-1), 12-15-86) ISec. 20-692. Permitted uses. The following uses are permitted in a "BN" District: I (1) Convenience stores without gas pumps. (2) Neighborhood oriented retail shops. I (3) Self-service laundries. (4) Dry cleaning and laundry pick-up stations. I . (5) Day care center. (6) Personal service establishments. I (7) Professional offices. (8) Small appliance and shoe repair shops. I (9) Health services. (10) Veterinary clinics. (11) Utility services. I (12) Shopping center. 1 (13) Private clubs and lodges. (14) Community center. (Ord. No. 80, Art. V, § 10(5-10-2), 12-15-86) I 1215 I . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1