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5 Conditional Use Permit/Beniek 5,~~ CITY OF Cl1ANHASSEN PC DATE: June 6, 2000 CC DATE: June 26, 2000 REVIEW DEADLINE: 7/16/00 CASE #: 00-3 CUP - ., :( ) J L.. L. :( :( - ~ L.J - - f) :~ ?'" By:AI-Jaff:v STAFF REPORT PROPOSAL: Conditional Use Pennit for a Contractor's Yard to occupy 5,000 Square Feet ofan Office Warehouse Building. LOCATION: Lot 1, Block I, Chanhassen Lakes Business Park 7'h Addition, east of Audubon Road, west of Powers Boulevard and south of the Twin Cities and Western Railroad. APPLICANT: Beniek Property Services, Inc. P.O. Box 129 Chanhassen, MN 55317 Attn: Brian Beniek (952)366-2233 Monk Properties LLC 1725 Lake Drive West Chanhassen, MN 55317 . PRESENT ZONING: lOP, Industrial Office Park \ " ACREAGE: 2.05 acres DENSITY: NA . 2020 LAND USE PLAN: Office Industrial SUMMARY OF REQUEST: The applicant is requesting a conditional use pennit for a contractor's yard to occupy 5,000 square feet of an office warehouse building that has a total area of 19,632 square feet. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying conditional use pennits, based on whether or not the proposal meets the conditional use pennit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use pennit standards are met, the pennit must be approved, This is a quasi-judicial decision. rt \ß\( 1 Es! 2 Sut 3 Bur 4 Rœ Beniek Property Services, Inc. June 20, 2000 Page 2 RAC'Kr.ROlrNO On June 14, 1999, the City Council approved site plan #99-4 for two office warehouse buildings with an area of 19,632 square feet each, to be located on Lots I and 2, Block I, Chanhassen Lakes Business Park 7th Addition, as shown on the plans dated April 16, 1999, revised June 4, 1999, subject to conditions. On April 27, 2000, staff signed off on a building pennit for the subject site with the understanding that this was an office warehouse type tenant. On May 17, 2000, staff was asked to sign off on the Certificate of Occupancy for Mr. Beniek. Mr. Beniek is known to city staff as an owner of a business that deals with mowing/upkeep of lawns in the summer and snow removal in the winter. Under the zoning ordinance, such operation qualifies as a contractor's yard and requires a conditional use pennit in the lOP district. Mr. Beniek gave notice to the place he currently occupies and was ready to move into the new space when we infonned him that a Conditional Use Pennit is required. This created a problem with storage of his equipment. Mr. Beniek needed to vacate his current location and move to the subject space prior to the timeline when the city can process the conditional use pennit. To resolve this matter, staff sent Mr. Beniek a letter explaining that we will issue temporary occupancy of the site, contingent upon City Council approval of the conditional use pennit application. This item will be scheduled for June 26, 2000, City Council meeting. Temporary occupancy will be pennitted until June 30, 2000. At that point, the conditional use pennit must be approved and recorded with Carver County. Should the City Council deny the request, Mr. Beniek must vacate the site no later than June 30, 2000. We also explained that the temporary occupancy pertains to the Conditional Use Pennit approval only. It by no means, waives any Site Plan Agreement or Building Code requirements prior to temporary occupancy. PROPOSAl. SITMMARY The applicant is requesting conditional use pennit for a contractor's yard to occupy the middle section of a 19,632 square foot office warehouse building. . The zoning ordinance defines contractor's yard as "any area of use of land where vehicles, equipment. and/or construction materials and supplies commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor 's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. .. Mr. Beniek operates a business that qualifies as a contractor's yard. Such use is pennitted as a conditional use in the Industrial Office Park District. The office - warehouse building is currently under construction and is located on Lot I, Block I, Chanhassen Lakes Business Park 7'h Addition. The site is zoned lOP, Industrial Office Park. A contractor's yard is a conditional use in the lOP District. The site is bordered by Lake Drive West ~; '~)i;:; Beniek Property Services, Inc. June 20, 2000 Page 3 to the south and Audubon Road to the west. Access to the site is gained via a driveway off of Lake Drive West. The lot area of the contractor's yard site and office building is 2.05 acres. The proposed area of the contractor's yard is 5,000 square feet. A portion of the space (576 square feet) will be used for office space and the rest will house equipment associated with the business. All equipment is proposed to be located within the building. There is an entrance door that was added along the west elevation and a loading dock along the east elevation. The loading dock is located between two buildings and screened from views. In sununary, with the incorporation of staff recommendations, the proposed conditional use pennit meets ordinance requirements, and staff is recommending approval with conditions outlined in the staff report. C'ONOITION A I. ITSF. PERMIT Contractor's Yards are pennitted in the lOP District as a conditional use. The following constitutes staffs review of this proposal against conditional use pennit standards. GENERAL ISSUANCE STANDARDS 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. FINOINr. _ The site is zoned lOP. The proposed use will not create any significant or unexpected impacts from this operation. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. . FINOINr. - The proposed use is consistent with the City Comprehensive Plan. The city approved a site plan for the site without variances and found that it is in compliance with the zoning ordinance requirements. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. FINOINr. - The site is located north of a collector road. It is in the industrial district and as such, a contractor's yard is fully consistent with this site. All equipment associated with the business will be stored indoors. Architectural standards required by the site plan requirements are being adhered to. Beniek Property Services, Inc. June 20, 2000 Page 4 4. Will not be hazardous or disturbing to existing or planned neighboring uses. FINOINr. - There will be no measurable impacts to the existing or planned neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and scbools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment ofthe proposed use. FINOINr. - Full city services are available to this site. Roads serving the site are fully capable of handling the access needs of this proposal. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. FINOINr. - Staff is not aware of any excessive requirements for public facilities. The landscape and snow removal business is a good auxiliary use for the industrial park. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or tbe general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. FINOINr. - This site will not create adverse impacts to persons, property or the general welfare of the area. Hours of operation, orientation of the building, and . lighting standards will comply with city ordinances. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. FINOINr. - The site is accessible from a collector street designed to commercial standards. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. FINOINr. - The development of this site will not result in the loss of any features of major significance. Beniek Property Services, Inc. June 20, 2000 Page 5 10. Will be aesthetically compatible with the area. FINOINr. - The site plan is well designed and is under construction. All equipment will be stored inside the building. There will not be any visible signs of a contractor's yard. 11. Will not depreciate surrounding property values. FINOINr. _ The site is being used for a contractor's yard type of operation which is consistent with its designation. It will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. FINOINr. - N A Based upon the foregoing findings, staff is recommending that the conditional use pennit be approved with appropriate conditions. PI.A NNINr. C'OMMISSION IJPOA TF. On June 6, 2000, the Planning Commission reviewed and approved this application unanimously. The commission asked staff if this was the right location for a contactor's yard. We believe this type of use belongs in an industrial park. A second question dealt with the noise generated from snow removal and its impact on the residential neighborhood to the south. Staff explained that the nuisance ordinance does not apply to snow removal since this is something that has to be done in order to access the site. We also explained that there is an adequate separation between the site and the residential neighborhood. · RF.C'OMMF.NOA TION "The City Council approves Conditional Use Pennit # 00-3 to allow a contractor's yard in an lOP District, for Beniek Property Services, Inc., to be located on Lot I, Block I, Chanhassen Lakes Business Park 7'h Addition, as shown on the plans dated received May 17,2000, subject to the following conditions: I. The applicant shall enter into a conditional use pennit agreement with the city. 2. Compliance with conditions of site plan and plat approval. 3. There shall be no outdoor storage of any equipment associated with the contractor's yard." Beniek Property Services, Inc. June 20, 2000 Page 6 ATTAf'HMFNTS 1. Letter to Mr. Beniek dated May 17, 2000. 2. Application & Notice of Public Hearing and mailing list. 3 . Reduced Plans dated received May 17, 2000. 4 . Planning Commission minutes dated June 6, 2000. g:\plan\sa\chanhassen lakes business park\beniek cup.doc . \ \ CITY OF CBANHASSEN 690 Gt} Cmt" Drivt, PO Box 147 Chl11lbtmm, MinntSOI4 553/7 Phon, 6/2.937.1900 C.."./ FIlX 6/2.937.5739 Engineering FIlX 6/2.937.9/52 Public s"f'IJ FIlX 6/2.934.2524 Wib www.cÎ.ch.nhm.m.mn.UJ - ~. May 17, 2000 Mr. Brian Beniek Beniek Property Services, Inc. P.O. Box 129 Chanhassen, MN 55317 Dear Mr. Beniek: This letter is to explain the status of the certificate of occupancy for 1578 Lake Drive West, located on Lot 1, Block I, Chanhassen Lakes Business Park 7'h Addition and zoned Industrial Office Park District (lOP). The business you conduct is classified as a contractor's yard. Such operations require a conditional use pennit approval prior to occupancy in the lOP District. It is our understanding that you need to vacate your existing premises and move to the above referenced space prior to the timeline when the city can process the conditional use pennit. It is our intention to allow temporary occupancy of the site, contingent upon City Council approval of your conditional use pennit application. This item will be scheduled for the June 6, 2000 Planning Commission meeting and June 26, 2000, City Council meeting. Temporary occupancy will be permitted until June 30, 2000. At that point, the conditional use permit must be approved and recorded with Carver County. Should the City Council deny your request, you must vacate the site no later than June 30, 2000. The temporary occupancy pertains to the Conditional Use Pennit approval only. This action, by no means, waives any Site Plan Agreement or Building Code requirements prior to temporary occupancy. . If you have any questions, please feel free to contact me at ext. 120. Sincerely, <:~~~{~ Shannin Al-Jaff Senior Planner 05/17/00 10:08 FAX 612 937 5739 CITY OF CHANHASSEN 1i!I00l .' . .' '. CITY OF CHANHASSEN . .'89000UL'ÆRQRlVE CHANHASSEN, IIN 55317 (612) 937-1800 DEVELOPMENT REVIEW APPUCA110N _ ~I'Q,ot..~ S'efV''t~ I..c;,. APPLICANT: be-IIIf.JL -11 - . ~ OWNER: ADDRESS~~ ~~~ ~ ADDRESS: r I\CA . 55~ I.J TElEPHONE(DaYtlme)~b - 223') (ý) 0111<. ProPe/fiu L~ 17-:J~ kk.f)~ ..W~rf- Ch.....~ t!tFTt!II A/tJ Sš} '7 TELEPHONE: _ ComPrehensive Plan Amendment _ Temporary Sales Permft _ Condftional Use Permft iToo.'~ _ Vaclllion of ROWlEasements _ InI8rfm Use Permit _ Varial'lClll ~ NoiI-c::onforming Use :P~II _ Wetland AlteratIon Permft , ," . ..' ,. -'. ." _ Planned UriIt DevelOpment" ' _ Zoning Appeal , --,- . _ ZonIng Ordinance Amendment· _ RIµonlng, -'-- Sign Permi1s ~ Sign Plan Review _ Nodflcatlon SIgn . _ .Site Plan Review" -1L Escrow for RUng Fees/Attorney Cost» ($60 CUPISPRlVACNAPJWAPlMeføs " .' and Bounds, $400 Mmor SUB) _ SuIÏdM8ion> . .- .' TOTAL FEE' ¥ð1'~ .f.\.' A n.. of aU property 0WIMI1I withIn !IOO fa8t of the boundaries of the property mull be Included with the eppØc.dlon. Building 11I81eriaI.mp1ell1lllllll be ....bmltted wllb IIIte pllln nwlwr& "Tw8n\y-8Ix tulllIID tmI!I!I cop'" of the plena must be submItted. Including 811 8W' X 11" reduced copy of 1rIII18pIIAInCy for -=h 111m ...... , ~.~ WIn: be requliøc! for other øppllcaIIona Ihrou¡Jb the development contract NÖtE -VVliØn múltfple appIlcaIIons are processed.1he appropriate fee shaD be cI1argIid for eactiáPpùcation. . 05/17/00 10:09 FAX 612 937 5739 CITY OF CHANBASSEN !¡D002 , } LEGAL DESCRIPTION MOtl k PrcnrHn Lt.-c. / ß.e-nìt.Þ- Ltt"",~due . ". tS'1S tab- /)" We.s-t' Lor / ßIou.-1 eltOA_ kl:..€r 111,,(1'. /lz"k.. PROJECT NAME LOCATION TOTALACREAßE P-,O wET\.ANDSPRE5ENT YES LNO PÆ5ENT ZONING f II /) tlJ172t 1ft.-- REQUESTED ZONING PRESENT lAND USE DESIGNATION REQUESTED lAND U5E DESIGNATION REASON FOR THIS REQUEST ~d¡"¡¡ö/l4f l.O'<2- !JurI;' ef} , This appIIcaIIon must be complelød In fuD and be t)'p8WriIIen or clearly printed and must be accompanied by alllnfonnation and planS required by appI1œbIe City OrdilanOEl provI&IoIIS. Before fling this appUcatIon, you should confer with the Planning Department to determine the specIIIc ORIInanoe and procedUral requlfemenls applcable to your appHcaIIon. . . A delBn'nlnatton of completeness of the application shall be made within ten buslne6B days of appUcaIIon submittal. A written notice of'appUcaIIon deficiencies shan, be mailed 10 the appIlœnI within ten bUSiness days of application. ... . ThIs Is 10 ceItifY \hat I am makk1g appIlc8IIon for the d8scribød actiOn by the CItY and that I am responsible for co~ with an CIty requirements with l8(ard to this request. This. appIIcaIIon should be prOoessecIln my name and I am the pørty whom the CIty should oonlaCl regilding any matter penaJnIng to this applk:alion. I have aII8thed a copy 01 proof of ownership (ellher copy of Qwnør's DupIIœ1B c..dlloat8 of TIlle, AÞsnCI of TIlle or puroh8se agreement). or I am the authorlæd person 10 makø this øppIIca1IoII and the fee owner haS also signed this appIcaIIon. . I will keep myseIt \nforJneCI of the cIeadIlnes for submission of material and the prOgress 01 this application. I further undersfand thaI.addItIonal Ie88 may be oharg8d for ~ f888, feasl)llty SUldIeS, Ø1Ç. with an estimate prior 10 any au\hOñZBIIOn 10 proceed with the study. The documents and Information I have submlttec:l are true and correct to the beSt of my knoWfedgø. The city hereby notIIIø& the appRcant thai cJevøIopment revIeW cannot be complated within 60 days due to public ~ J9IUIr'eIII8II and agency revIeW. TherIIfor8. the city 18 notifying the appIIcanI thai the city requtreS an BUID/IIBIic ~ day extension lor døYeIopment revIeW. Ce\IeIOpIIIeIIt review shell be cornpI8t8CI within 120 days unless additional revIeW exI8I18Ion8 are apII'OV8! the appacant. JJer rh ¡.¡ , Ar CDN-r1"4 (..·kCJ· S-/7-ðD Date .AppIIC8IInn ReceIved on Fee Paid Receipt No. The appUcant 8hould conI8I:t staff for a copy of the staff IwpoIt which will be available on Friday prior to the meettng. If not Contacted. . copy dI thIt repoIt win bemalladto thltllPP1lcllllt'a.,tdl I ,- ( ~/fÎ/OO 'Date NC lCE OF PUBLIC HEARING ) ~ PLANNING COMMISSION MEETING TUESDAY, .JUNE 8, 2000 AT 7=00 P.M. CITY HALL COUNCIL CHAMBERS 890 CITY CENTER DRIVE PROPOSAL: Condltlon.1 U.. P......lt APPUCANT: Benl_ Praparty 8ervIcø for . Contnlcto... Yard to Occupy OffIceI LOCATION: 1580 Lake Drive West W......ous. Space NOTICE: You are Invited to attend a public hearing about a proposal In your area. The applicant, BenIek Property ServIces, Inc., Is requesting a conditional use permit for a contractor's yard to occupy 5,000 square feet of an office warehouse building on property zoned Industrial OffIce Park (lOP) and located on Lot 1, Block 1, Chanhassen Lakes BusIness Park 7th Addition. What Happens at the Meeting: The purpose of this public hearing Is to Inform you about the developer's request and to obtain Input from the neighborhood about this project. During the meeting, the ChaIr wllllead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will Present plans on the project. 3. Comments are received from the public. 4. Public hearing Is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Shannln AI-Jaff at 937-1900 ext. 120. If you choose to submit written comments, It Is helpful to have one copy to the department In advance of the meeting. Staff will provide copies to the CommIssion. Notice of this public hearing has been published In the Chanhassen Villager on May 25, 2000. ^,,'.II.J c:/.,,/In/) Smooth Feed Shcets™ DAVID A STOCKDALE 7210 GALPIN BLVD EXCELSIOR MN 55331 QUANTUM CONTROLS INC 1691 WEST LAKE DR CHANHASSEN MN 55317 HARLEY E & ELIZABETH L BERGR 3330 EDINBOROUGH APT 1611 MINNEAPOLIS MN 55435 HERAKLES LLC 8345 COMMERCE DR CHANHASSEN MN 55317 DEMOSA LLC C/O BOB MORTENSON 1610 WEST LAKE DR CHANHASSEN MN 55317 CERAMI HAIDLE & CERAMI LLC 1660 WEST LAKE DR CHANHASSEN MN 55317 CHAN CONGR JEHÖV AHS WITNES C/O RICHARD TAYLOR 7227 BREN LN EDEN PRAIRIE MN 55344 MONK PROPERTIES LLC 9671 MEADOWLARK L CHANHASSEN MN 55317 MONK PROPERTIES LLC 9671 MEADOWLARK CHANHASS MN 55317 -- CHANHASSEN LAKES BUS. PARK 3 1711 LAKE DR W CHANHASSEN MN 55317 ~ TRADEN LLC C/O MARK UNDESTAD 1711 LAKE DR W CHANHASSEN MN 55317 KURT D KLINGELHUTZ & KIMBERLY A MURRAY 8460 BITTERN CT CHANHASSEN MN 55317 SCOTT A & SHARON L KOBASICK 8450 BITTERN CT CHANHASSEN MN 55317 ROBIN L WHITE & DA WNE M CHRISTIANSEN 8451 BITTERN CT CHANHASSEN MN 55317 CHARLES A & ERIN J RIGGLE 8461 BITTERN CT CHANHASSEN MN 55317 GARY ALLEN LUND 8471 BITTERN CT CHANHASSEN MN 55317 JOHNATHAN W & CONNIE A HERR 1500 HERON DR CHANHASSEN MN 55317 BARRY PATEL 1490 HERON DR CHANHASSEN MN 55317 KEVIN MICHAEL SCHMITZ & RENEE BURTON SCHMITZ 8490 SWAN CT CHANHASSEN MN 55317 GREGORY DEAN DOEDEN & JULIE LENORE DOEDEN 8480 SWAN CT CHANHASSEN MN 55317 J Use template for 5160® CHRISTOPHER B & JUDY PAROL} 8470 SWAN CT CHANHASSEN MN 55317 CURT & DAWN SANTJER 8460 SWAN CT CHANHASSEN MN 55317 ROGER & DEBORAH BENSON 8461 SWANCT CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BO 690 CIT TER DR PO BOX 14 CRÂNHASSEN MN 55317 . .E:3 ,.... rsz ><><N . HI'!!! I ~<", ,.... I'- 1~~lliJ IHI! ~"i¡£~ ~ <: 11.1'11 I ,II ~ 1111.11 i {IiI ~~~i;;; .. ¡',! IJ ..! à:~~~b I!! IIUII. . filiI 11!1jjI' !EiSaJ...I ;;; !I!!!,I, III ¡ 0 I!¡hlli ! IEB ~; : it , ÜE ~' . ...¡ " , au a ~ ~U~ ~ H i ~U i , . ~ :. " , - Pi " ¡, q ¡ Î¡hl! , ~ ~. i ¡ ¡aT! 'I ~ ¡Iii , , , i:' L!~ y . ¡ ~ fil i ¡¡¡¡hln ! ð , Ii ; .1... --------- --/ , / , , / , , / , , / , , ---1 ; r-- , ; , , ;-- , . I r-_ / /-~-- I t-- 1,-__ () '" c< ; '" ~-- , h;· iJ f..-L.";. ; ; (" } ,-- I ~_-,- ;' /:: ,-. "__ ;' ,1.-.- '-. 1;__ ;1 ;-_-_' l-- 1',_ , !-- --...--- ---~ ~:--._---- 1 ~ w !" ........,.". ~jj) j 1 ! , / , , / ~.. ! I @ ~ \ . ~ . . " '~~. ) IW!III ril .2: <:c I" ·Š1:!N ç:.. 11"'11 I .11 IJ~IJh CI! - III,., . I" iih::'l 'I) . ,.1111, ! 'III a < !2 M 1I!!iil' I 1111m¡ Inl~ .:!- "0 <: rllll , i Q¡:: Ifll"U ' r ~~ ¡Iiiillll nli¡ lild ><~ ww ci... j rf~ '-.~ I ~y:: 00,> I . c I j I ~J:\ I . 1 ~ {) , , ilii ~ '. +-- ! ! j <= co \.\J[-< d ! III ! ~ I ! ~ ~ ! ~ ~ . . § ¡ Ii -I '1 !~I 1 ~ Iii I I Iï II, I I II 'I I" "! I I! Itl 1 ì 11:11 1 B dllillll'li 'I' ""!' I I ~I I ili .H 1 !,II ! 'Ii! I 11'1' 'I d ""! 'I I I I I I I ~ ." 'Ii ilit í'Ji¡: , I ~ Î ! . I! , Planning Commission Meeting - June 6, 2000 27. The applicant shall consider defining main entrances to buildings by increasing brick height to the third story. All voted in favor, except Burton who opposed, and the motion carried with a vote of 4 to 1. Peterson: Motion carried. Goes now onto council the 261h of June. Thank you. PUBLIC HEARING: REOUEST FOR A CONDITIONAL USE PERMIT FOR A CONTRACTOR'S YARD TO OCCUPY 5.000 SOUARE FEET OF AN OFFICE WAREHOUSE BUILDING ON PROPERTY ZONED INDUSTRIAL OFFICE PARK (lOP) AND LOCATED ON LOT 1. BLOCK 1. CHANHASSEN LAKES BUSINESS PARK 7TH ADDITION. BENIEK PROPERTY SERVICES. INC. Sharmin AI-Jaff presented the staff report on this item. Peterson: Questions of staff. Blackowiak: Mr. Chair I have a couple questions. One of the general issuance standards Sharmin, number 7 talks about hours of operation. And I'm concerned that, especially with snow plowing, hours of operation are going to be when it snows. Which mayor may not be during the general business hours. Do you feel that that is a concern at all to the neighbors directly to the south specifically? I'm looking more at the residential neighbors. AI-Jaff: There is a park that will separate them from this site. You have complete trees approximately 60 feet. The houses are located probably 200 feet to 300 feet from those buildings... Peterson: Motion for a public hearing. Kind moved, Burton seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commission, please come forward and state your name and address please. Motion to close. . Kind moved, Sacchet seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners, any thoughts? Kind: I like the idea of it being totally enclosed. I think it's great. Sacchet: I went out there looking at it because it didn't show an elevation offthe back side ofthe building and how it looks like the loading dock and especially like a good size garage door all the way to the ground level. It won't accommodate any really huge equipment and it was pretty neat. I don't think it's an issue. Blackowiak: And as long as the snow plowing issue is addressed, and actually kept to the noise ordinance, then I'm comfortable. That's my big concern. 23 Planning Commission Meeting - June 6, 2000 Peterson: Actually most of those kinds of services, as it indicates with this one. The drivers take the vehicles home so they're not even at the site. They're in somebody's tront yard. I'll entertain a motion please. Burton: Mr. Chainnan, I'll move that the Planning Commission recommend approval of Conditional Use Pennit #00-3 to allow a contractor's yard in an lOP district, Beniek Property Services Inc. to be located on Lot I, Block I, Chanhassen Business Park 7'h Addition as shown on the plans detailed received May 17,2000 subject to the conditions I through 3 shown on the staff report. Blackowiak: Second. Peterson: It's been moved and seconded. Any discussion? Burton moved, Blackowiak seconded that the Planning Commission recommends approval of Conditional Use Permit #00-3 to allow a contractor's yard in an lOP District, Beniek Property Services, Inc., to be located on Lot 1, Block 1, Chanhassen Lakes Business Park 7th Addition, as shown on the plans dated Received May 17,2000, subject to the following conditions: I. The applicant shall enter into a conditional use penn it agreement with the city. 2. Compliance with conditions of site plan and plat approval. 3. There shall be no outdoor storage of any equipment associated with the contractor's yard. All voted in favor and the motion carried unanimously. Peterson: Kate, I don't know ifSharmin's going to stick around for the flag lot presentation but if you are, I'd like to hold on the flat lot til Ladd's here. Aanenson: Yeah. I think there's other people here waiting for that. It does have a lengthy history in the city so I think you're probably right. It'd be important that we have everybody here. Peterson: And then the fact that Ladd was the number one person that had asked about it so I think it's important to do that so I apologize to those people that are here that are waiting for that, ifthere are. ~ Aanenson: Did you hear that? They would like the full Planning Commission to be here so they're going to table the discussion later on on the flag lots. Audience: For how much later on? Aanenson: Two weeks. Audience: So would the Igel Addition come before or after the flat lot discussion. Aanenson: IfI can interject. It would be moot because you'd have to go through an ordinance change. This is just a, there was a question on edification so if they were to recommend a change, it would still have to go through a public hearing process. So they wouldn't be tracking together. 24