1f. CUP for 174,000 sq ft Bldg for Auto Repair, Chan Auto & sports Center 1 CITY OF ,�
P.C. DATE: Oct. 19, 1988
I
N C HANH A S S E N C.C. DATE: Nov. 14, 1988
''L Y CASE
NO: 88-16 CUP
IPrepared by: Olsen/v
I STAFF REPORT -
I PROPOSAL: Conditional Use Permit for Marine Fiberglass
Boat Repair and Maintenance •
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V LOCATION: Hanus site located directly east of the Amoco site
on the northeast corner of Hwys . 5 and 101
1..
<.L APPLICANT: Lotus Realty Services
Q P.O. Box 100
IChanhassen, MN 55317
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PRESENT ZONING: BH, Highway and Business District
IACREAGE: Approximately 4 acres 4:tiQ0 h' J't' "A.i-rni ```. `
_
DENSITY:
Ddorsed—!.
I Modified __-- _
ADJACENT ZONING RejectedL _ _
Date / YAks,
AND LAND USE: N- BH; railroad Date Submitted to Commission
S- Highway 5 �°<d-o`
Qto Submitted to Council
E- BH; Apple Valley Red-E-Mix- -I
W- BH; vacant, car wash
I ILLI
IPHYSICAL CHARAC. : The site is currently developed and used
as the Hanus facility.
I2000 LAND USE PLAN: Commercial
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Marine Fiberglass
October 19, 1988
Page 2
' REFERRAL AGENCIES
Fire Inspector Attachment #1
' Building Department Attachment #2
BACKGROUND
As part of the redevelopment of the downtown area, the city has
purchased certain properties and required certain businesses to
relocate. Two businesses that have to relocate are Scott' s
Automotive Repair and Marine Fiberglass (Attachment #3) . The
Hanus facility was proposed for the relocation of Scott' s
Automotive and Marine Fiberglass .
The Hanus facility received a conditional use permit on May 3 ,
1982 (Attachment #4) . The conditional use permit allowed an
automotive/truck body shop repair facility and also allowed the
service repair of motor vehicles, including boats and mobile
power driven recreational equipment, business offices and storage
' of commercial vehicles .
The Hanus truck facility builds , repairs both mechanical and body
and stores large dump trucks . It also repairs and stores school
' and coach buses . The Hanus facility has repaired vehicles both
inside and outside of the building with as many as 150 vehicles
stored on site. The Hanus facility contains approximately 18,000
' square feet of building area.
Since approval of the conditional use permit there has been
mechancial repair of motor driven vehicles. Since automotive
repair has been continuous on the site, staff approved the relo-
cation of Scott' s Automotive Repair to the Hanus facility. There
has never been any boat repair or service on the Hanus site as
approved by the conditional use permit in 1982 . The fact that
boat repair and maintenance had never taken place on the site, it
was determined by staff that the applicant must receive an amend-
' ment to the conditional use permit to allow Marine Fiberglass to
relocate to the Hanus site.
ANALYSIS
The applicant is proposing an amendment to an existing con-
ditional use permit to allow boat repair and maintenance to be
' located in the Hanus facility. The actual application is an
amendment to the original conditional use permit to reinstate
boat repair and maintenance as a permitted use as part of the
original conditional use permit. The proposed tenant is Marine
Fiberglass. Marine Fiberglass refinishes and repairs boats . All
refinishing and repair will be inside of the building with no
exterior work. The refinishing and repair of boats will include
hulls, decks, masts, etc. The existing Hanus building contains
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Marine Fiberglass
October 19 , 1988
Page 3
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18, 000 square feet and Marine Fiberglass will rent 2,600 square
feet of the building and will also have a 2 ,600 square foot area
in the outdoor storage portion of the site for staging space for
10 boats . The outdoor storage area will not be used as a per-
manent storage area but will be used on a daily basis for staging
(dropping and picking up) of boats .
The applicant owns the Hanus facility and has been working with
the current tenant (Hanus) to clean up the site. The lease for ,
Hanus expires in April of 1989 and it has not been determined if
Hanus will remain on the site or will move to a new location.
The area of the Hanus business has been reduced to permit the
renting of additional space to other tenants ( Scott' s Automotive
Repair and Marine Fiberglass) . In addition, the outside storage
used by Hanus is being organized and reduced to allow areas for
the new tenants. Leasing of the building allows equal space in
the building and equal spacing for outdoor storage. Therefore,
Marine Fiberglass is renting 2 ,600 square feet of building space
and is also given 2 ,600 square feet of the outdoor storage. - The
outdoor storage is currently screened with a fence and no altera-
tions to the site are being proposed.
The City Fire Inspector has stated that all fire codes must be '
met prior to issuance of an occupancy permit (Attachment #1) .
The applicant must also meet the requirements of the Building
Department (Attachment #2) . ,
RECOMMENDATION
The proposed use was permitted with the initial conditional use 1
permit. By requiring an amendment to the conditional use permit
the city has the ability to establish conditions for the proposed
use (Marine Fiberglass) . '
Planning staff recommends the Planning Commission adopt the
following motion: '
"The Planning Commission recommends approval of an amendment to
the Conditional Use Permit for the Hanus Facility to permit
Marine Fiberglass to be located at the subject site with the
following conditions:
1 . Marine Fiberglass must meet all other conditions of the ori- ,
ginal conditional use permit.
2 . Marine Fiberglass shall be limited to exterior staging of
ten boats.
3 . Any increase in use of the site by Marine Fiberglass shall
require a conditional use permit.
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Marine Fiberglass
' October 19 , 1988
Page 4
4 . The applicant must meet all Fire Code requirements prior to
issuance of a certificate of occupancy.
5 . The applicant shall meet the requirements of the Building
Department.
PLANNING COMMISSION ACTION
' The Planning Commission recommended approval of the conditional
use permit with staff' s conditions and the following additions to
' the conditions:
1 . Marine Fiberglass must meet all other conditions of the ori-
ginal conditional use permit (boats shall be deemed to mean
motor vehicle as stated in the original conditional use
permit) .
2 . Marine Fiberglass shall be limited to exterior staging of
ten boats and no seasonal storage of boats shall be allowed.
CITY COUNCIL RECOMMENDATION
"The Planning Commission recommends approval of an amendment to
the Conditional Use Permit for the Hanus Facility to permit
' Marine Fiberglass to be located at the subject site with the
following conditions :
' 1 . Marine Fiberglass must meet all other conditions of the ori-
ginal conditional use permit (boats shall be deemed to mean
motor vehicle as stated in the original conditional use
permit) .
2 . Marine Fiberglass shall be limited to exterior staging of
ten boats and no seasonal storage of boats shall be allowed.
3 . Any increase in use of the site by Marine Fiberglass shall
require a conditional use permit.
4 . The applicant must meet all Fire Code requirements prior to
issuance of a certificate of occupancy.
11 5 . The applicant shall meet the requirements of the Building
Department.
ATTACHMENTS
1 . Memo from Fire Inspector dated October 6 , 1988 .
2 . Memo from Building Department dated October 4 , 1988 .
3 . Memo from Todd Gerhardt dated October 14 , 1988 .
4 . Original conditional use permit for Hanus facility dated
May 3 , 1982 .
5 . Planning Commission minutes dated October 19 , 1988 .
I
CITY OF
A, ClIANBASSEN
:-1 r
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
1
MEMORANDUM
TO: Jo Ann Olsen, Asst. City Planner
FROM: Mark Littfin, Fire Inspector 1
DATE: October 14 , 1988
SUBJ: Planning Case 88-16 - Lotus Realty Services 1
The recommendation at this time would be: I
1 . Fire apparatus access roads through the outdoor storage area
shall be provided and maintained in accordance with Section
10.207 of the Uniform Fire Code.
2 . The proper number and location of existing fire hydrants
appears adequate.
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CITY OF
1 ;�
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
' MEMORANDUM
TO: JoAnn Olsen, Assistant City Planner
FROM: Steve A. Kirchman, Building Inspector ,
DATE: October 4 , 1988
' SUBJ: Planning Case 88-16 CUP (Lotus Realty Services)
Building must be sprinklered if occupancy classification is
changed from former classification.
Parking lot and building must meet all current applicable hand-
icap code requirements.
A building permit will be required and a certificate of occupancy
must be obtained before opening for business.
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM 1
TO: Jo Ann Olsen, Assistant City Planner
FROM: Todd Gerhardt, Administrative Assistant ` 1
DATE: October 14, 1988
SUBJ: Background on the Tenants of old Hanus Truck Facility
On January 15, 1988, the Chanhassen Housing and Redevelopment 1
Authority acquired the old Hanus Truck Facility from a Mr.
LaBallo. Through this acquisition, the HRA had both Scott' s
Automotive Repair and Marine Fiberglass enter into a new lease
agreement that would run until August 1, 1988 . Notification of
vacating the property was given on May 1, 1988 that stated each
tenant would have to vacate the property by August 1 , 1988 .
Staff has held off in taking legal action in evicting each of the
tenants in anticipation of their relocation to the new Hanus
Facility. Notice has been sent to Scott Neske, owner of Scott' s
Automotive Repair, that the City of Chanhassen will proceed with
legal action on October 14, 1988 in evicting Mr. Neske from his
present site. The same notification will be sent to Stan Nowak,
owner of Marine Fiberglass, Inc. ,
Both individuals did qualify for relocation benefits due to the
displacement of the City' s acquisition of the LaBallo property.
If you should need any additional information regarding this
item, I can be available to attend the Planning Commission
meeting.
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w Rev. 2/12/82
11
CITY OF CHANHASSEN
RESTATED CONDITONAL USE PERMIT
1
DONALD AND DARLENE HANUS
I -
This restate conditional use permit and agreement
entered into this .LJday of , 19 2. ,
by and between Donald Hanus and Dalene Hanus (hereinafter the
I "Applicants") and the City of Chanhassen, a Minnesota municipal
corporation, (hereinafter the "City") ;
I WITNESSETH: That the City, in exercise of its
powers pursuant to M.S . §462. 357, and other applicable state law,
and the Chanhassen Zoning Ordinance, hereby grants to the
Applicants a restated conditional use permit to maintain and
operate an automobile/truck body shop and repair facility and
retail sale facility upon the tract of land which is more
particulary described on Exhibit A attached hereto and made a
part hereof (hereinafter the "Subject Property") , subject to the
following terms and conditions, all of which shall be strictly
complied with as being necessary for the protection of the public
interest.
Section 1 . RECITALS .
1 . 01 . Prior Issuance of Conditional Use Permit. Pursuant
to action of the City ' s Council on August 16, 1976, the City issued
a conditional use permit dated May 2, 1976 and signed by the
Applicants on June 10 , 1977 . On November 21 , 1977 the City ' s
' Council approved an amendment of said conditional use permit.
Said amendment, entitled "First Amendment Conditional Use Permit
Hanus Auto and Truck Body Shop" , was executed by the Applicants
and the City on December 8 , 1977.
1 . 02 . Request for Amendment of Permit. The Applicants
have petitioned the City that certain provisions of said
conditional permit, as amended heretofore, be further amended.
1 . 03 . City Council Approval of Further Amendment. The
City' s Council , by its motion of /e/4y 3 , 1912, ,
approved issuance of a revised conditi6nal use permit to the
Applicants .
' 1. 04 . Restated Permit. The above described May 2, 1976
Conditional Use Permit and First Amendment thereto dated December 8,
1977 are hereby amended and restated as set forth hereinafter
and this restated permit shall supercede and take the place of
said May 2, 1976 permit and all amendments thereto .
09
- - .e.••....•a-.._. ....-• . ..-.,_.•.....--�t�*,:Y Vii+;:
Rev. 2/12/82
•
Section 2 . SPECIAL CONDITIONS .
2 .01 . Permit Not Assignable . This permit is personal I
to the Applicants and shall not be assigned without written
consent of the City.
2 .02 . Description of Property. The premises subject to II
1 the within conditional use permit shall be the Subject Property
as described on Exhibit A attached hereto. I
2 . 03 . No Outside Work. No work shall be performed on
any veh cici le which is standing outside of any building located on
the Subject Property.
II
2 .04 . ' Open Sales . Applicants ' inventory of vehicles
available for sale and stored upon the Subject Property shall II
not exceed ten (10) vehicles at any one time. For purposes of
this §2 . 04 the term "vehicle" shall be deemed to include both
motor vehicles and trailers . I
■
2 .05 . Open Storage. No vehicle or trailer shall be
parked or stored upon the following portions of the Subject Property:
a. Outside of the fence, which is depicted e icted on the
"Recommended Screening Plan, Chanhassen
Community Development Dept - 11/19/81, " a
II
copy of which is on file in the office of the
City Community Development Director; provided,
re�rcvcr, that Eck--�cics aid trailers, wtich arc
- - - G - - = _ - -= ow as 1 c, may b.e wd II
w+i-ich- is idcntificd as "Display Arca" on Said I' •
• and
b. Any portion of the Subject Property which is
within the above described fence and located I
within forty (40) feet of said fence,
provided, however, that vehicles or trailers
. which do not exceed 96 inches in height
II
may be parked or stored within said forty (40)
foot wide area.
2 .06 . Storage of Non-Owned Vehicles . No vehicle or I
trailer shall be stored or parked upon the Subject Property
except for vehicles or trailers which are a) owned by the
Applicants, or by persons employed upon the Subject Property,
II
or b) are in the process of being repaired or renovated, or
c) are owned or operated by the Applicants ' business tenants .
II2 . 07 . Alterations of The Subject Property. Any
alteration of the improvements located on the Subject Property
requiring the issuance of a building permit under the Chanhassen I
Building Code , shall be performed only after the Applicants
have obtained from the City an amendment of this conditional use
permit approving such alteration. '
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Rev. 2/12/82
2 .08 . Allowable Uses of The Subject Property. The
Subject Property shall not be used for any purposes except the
following:
a. The service, and repair of motor vehicles (as
defined by the Chanhassen Zoning Ordinance) boats
and mobile power driven recreational equipment, and
1 b . Subject to the limitation set forth in §2 .04
hereinabove, the sale of used motor vehicles
(as defined by the Chanhassen Zoning Ordinance) ,
1 which have been repaired or refurbished on the
Subject Property, and
c . Business offices, and
d. Storage of commercial vehicles owned or operated
by businesses maintaining business offices on
the Subject Property, and
e . Storage of raw materials and inventory used in
connection with permitted repair services conducted
upon the Subject Property, provided that such
storage shall be allowed only so long as (a) the
applicants are in full compliance with §2 .10 herein-
, below, and (b) such materials and inventory are
stored within the buildings on the Subject Property.
' The previous sentence notwithstanding, no asphalt
plant or asphalt mixing operation may be operated or maintained
upon the Subject Property. The applicants agree to advise the
City of any proposed changes in the identity of tenants occupying
the Subject Property in advance of any such occupancy .
2 .09 . Electrical Service . Electrical service to the
Subject Property shall be provided by underground power lines .
2 .10 . Screening. The northerly, westerly and southerly
' sides of the fenced area depicted on the above described "Recommended
Screening Plan" shall be screened in the manner set forth on
Exhibit B attached hereto and made a part hereof, to block said
fenced area from the view of neighboring property owners and from
the view of persons traveling upon any public right-of-way. The
applicants shall maintain the fences described on Exhibit B in a
workmanlike manner at all times .
2 .11 . Public Welfare. No use, which is detrimental to or
which endangers the public health, safety, comfort, or general
welfare, shall be established or maintained upon the Subject Property.
2 . 12 . Nuisance . No activity shall be conducted upon the
Subject Property which emits noxious odors or causes noise in
excess of that permitted by the applicable noise control ordinances
of the City or by the applicable noise control regulations of
the State of Minnesota.
I
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Rev. 2/12/82
2 . 13 . Other Regulations. The Applicants shall comply 1
with all City ordinances, state laws, and regulations of state
1 agencies and departments .
2 .14 . No Changes in Use Permitted. The use of the
Subject Property shall be limited to those uses set forth
in Section 2 .08 of this permit; and no changes in the use shall
I
occur except as may be permitted by an amended conditional use
permit or by a rezoning of the Subject Property, as approved by
the City Council .
2.15 . Proof of Title. The Applicants shall, from
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time to time, upon the written request of the City, furnish the
City with reasonable evidence that the Applicants hold or
continue to hold fee title to the Subject Property.
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2. 16 . Grading Plan. No permit for grading shall be issued
and the Applicants shall perform no grading of the Subject
Property until the Applicants ' grading plan has been reviewed I
by City staff for purposes of verifying that said grading plan
is in complete conformity with all of the provisions of the
within permit. Said grading plan shall include such reasonable
I
information as may be requested by the City Engineer, including,
but not limited to the following, if deemed reasonably necessary
by the City Engineer: existing contours, proposed grading
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elevations, drainage configurations, storm sewer catch basin and
invrt elevations , spot elevations and proposed road profiles .
2 .17 . Additional Landscaping. Subject to approval of '
Applicants '` grading plan as provic d in Section 2 .16 of this
A permit, Applicants, no later than ✓c,ve-3v .14z-y--3-1--- , 19 82 ,
/A shall grade and sod that portion of the Subject Property which
I southerly and within thirty feet of the fenced area
�� «<°°° depicted on the above described "Recommended Screening Plan" .
The Applicants shall maintain said area in a workmanlike manner,
including mowing, watering, and fertilizing as necessary to
maintain a well groomed appearance.
Section 3 . MISCELLANEOUS .
3 .01 . Severability. In the event any provisions of this
permit shall be held invalid, illegal, or unenforceable by any
court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof,
and the remaining provisions shall not in any way be affected or
impaired thereby.
3. 02 . Execution of Counterparts . This permit may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall constitute but one
and the the same instrument.
rytJv' 3 . 03 . Headings . Headings at the beginning of sections
1.40
and paragraphs hereof are for convenience of reference, and shall
not be considered a part of the test of this permit, and shall
not influence its construction.
� i.LETE. RFgviRErlEvr p6R A�C�A SpurN OA PEN GE LY/V6 ra NiS,9W'4Y S-
R/6147 OF wAy 2 ) Acco tpAArc E evIr/a c.17), cOv,ucit AC-710A/ O F f 04).*
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' 3.04 . Notices. All notices, certificates and other
communications hereunder shall be sufficiently given and shall
be deemed given when mailed by certified mail, return receipt
' requested, postage prepaid, with proper address as indicated
below. The City and the Applicants by written notice given by
one to the other, may designate any address or addresses , to which
notices, certificates or other communications to them shall be
sent when required as contemplated by this permit. Unless
otherwise provided by the respective parties , all notices,
certificates, and communications to each of them shall be
addressed as follows:
To the City: City of Chanhassen
I City Hall
690 Coulter Drive
Chanhassen MN 55317
Attn: City Manager
To the Applicants : 225 West 79th Street
Chanhassen MN 55317
Section 4 . ENFORCEMENT PROVISIONS .
4 .01 . Reimbursement of Costs . The Applicants shall
reimburse the City for all costs, including reasonable engineering,
legal, planning and administrative expenses incurred by the City
in connection with all matters relating to the administration
and enforcement of the within permit and the performance thereby
by the Applicants . Such reimbursement shall be made within
fourteen (14) days of the date of mailing of the City 's notice
Iof costs as provided in Section 3 . 04 above .
The reimbursement obligation of the Applicants
11 under this section shall be a continuing obligation throughout
the term of this permit.
' 4 . 02 . Remedies Upon Default.
a . Assessments . In the event that the Applicants
shall default in the performance of any of the covenants and
agreements herein contained, and such default shall not have
been cured within ten (10) days after receipt by the Applicants
of written notice thereof, the City, if it so elects, may take
action to cure such default and may cause the entire cost thereof,
including all reasonable engineering, legal and administrative
expense incurred by the City, to be recovered as a special
assessment under M.S . Chapter 429 , in which case the Applicants
agree to pay the entire amount of the assessment roll pertaining
to any such costs within thirty (30) days after its adoption.
The Applicants further agree that in the event of their failure
to pay in full any such special assessment within the time
prescribed herein, the City shall have a specific lien on the
Subject Property for any amount so unpaid, and the City shall
have the right, in its absolute discretion, to either a) foreclose
said lien, or b) to certify the amount of said lien to the
-5-
County Auditor for collection in one lump sum with the real ,
estate taxes on the Subject Property. In the event of an
emergency, as determined by the City Engineers, the notice
requirements to the Applicants shall be and hereby are waived in
their entirety, and the Applicants shall reimburse the City for
any expense incurred by the City in remedying the conditions
creating the emergency.
b. Legal Proceedings. In addition to the foregoing, -
the City may institute any proper action or proceeding at law
or at equity to prevent violations of the within permit, to
restrain or abate violations of the within permit, or to prevent
use or occupancy of the Subject Property.
c . Revocation of This Permit. The City reserves
the right to review the within conditional use permit at any time
to determine compliance with all conditions of the permit; and
if the City determines that the Applicants have not strictly
complied with the terms of the permit, the permit may be
terminated at the option of the City. All City expenses incurred
in the enforcement of the within permit shall be the obligation
of the Applicants and may be recovered by the City as set forth
in this Section 4 . 02 .
d. No Remedy Exclusive. No remedy herein conferred
upon the City herein is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other
remedy given under this permit or now or hereafter existing at
law or in equity, or by statutes . No delay or omission to
exercise any right or power accruing upon any default shall ,
impair any such right or power or shall be construed to be a
waiver thereof but any such right and power may be exercised
from time to time and as often as may be deemed expedient. I
e. No Additional Waiver Implied by One Waiver.
In the event any agreement or obligation of the Applicants
contained in this permit should be breached by the Applicants
and thereafter waived by the City, such waiver shall be limited
to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach of
this permit.
IN WITNESS WHEREOF, the parties hereto have caused these 11 presents to be executed on this '0„4/day of �y , 1982 .
CITY OF CHANHASSEN
G"('h.4 L C'�'i.�.c-✓�� By
•onald Hanus its Mayor I
iW Attest
+arlene Hanus City Clerk/Manager '
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STATE OF MINNESOTA)
) ss .
COUNTY OF CARVER )
7
On this -7— day of , 192 , before
1 me, a notary public within and for said county, personally appeared
Donald Hanus and Darlene Hanus, to me known to be the persons
described in, and who executed the foregoing instrument, and
I ' acknowledged that they executed the same as their free act and deed.
JJ"1Al14AA 1 "sE4:' A s a.fiJ"AR A b 1!"A
ELAINE J. ROESER
NCTAFhY PUBLIC• hNNESO T
CARVER COUNTY
z_}' hty Commissi�n Expires Sep.1,1983 Notary Public
Xrervvv ovvyvvv,v,yvVrwv.swyvvro s.* County:
t My Commission expires:
' STATE OF MINNESOTA)
) ss .
COUNTY OF CARVER )
On this
day of 19 before
me, a notary public, within and for said county, personally appeared
Thomas Hamilton and Donald W. Ashworth, to me personally known, who,
being each by me duly sworn, did say that they are respectively the
Mayor and City Manager of the municipal corporation named in the
foregoing instrument, and that said instrument was signed and sealed
in behalf of said municipal corporation by authority of its City
Council, and said Thomas Hamilton and Donald W. Ashworth acknowledged
' said instrument to be the free act and deed of said municipal corporation.
Notary Public
County:
My Commission expires :
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• 42
EXHIBIT B
(Section 2 .10)
' The screening fence, the location of which is depicted on the
"Recommended Screening Plan" shall consist of a wooden fence,
•
which is not less than eight (8) feet in height, and which shall
either be solid or so constructed as to be fully opaque with no
gaps or spaces between slats, which would allow the interior
of the fenced area to be observed by persons outside of the
fenced area. Said screening fence shall be completed no later
than May 31 , 1982 .
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LOTUS REALTY SERVICES
545 WEST 78th STREET, P.O. BOX 100
CHANHASSEN, MINNESOTA 55317
(612) 934-4538
I
October 14, 1988 ,
TO: Members of the Planning Commission
SUBJECT: Hanus Truck Facility
You have before you a request for a conditional use permit to allow the repair
of fiberglass boats at the Hanus Truck Facility. I would like to urge you to
approve the permit for the following reasons:
1. Lotus Realty services as a partner in CHADDA recognized 3 years ago the
need to relocate a number of businesses from 78th street, where for various
reasons they no longer fit, to a location where the use is permitted.
Toward that end, we have worked to assemble the Hanus-Kurver site to
provide just such a location either as a permanent site or as a transition
location until a final location can be found. Marine Fiberglass, Scotties
Automotive, Chanhassen Lawn & Sport and Automotive Unlimited all are
examples of the businesses we have encouraged to relocate to the Hanus
building allowing for a smooth transition from 78th for businesses affected
by downtown redevelopment.
2. Two of the above businesses are interested in relocating to the Hanus
Building for at least three years. They are Scotties Automotive and Marine
Fiberglass. Under a conditional use permit issued in 1982 motorized
vehicle repair is allowed and boat repair was allowed. No boats have been
repaired at the facility since the permit was issued, and therefore, repair
is no longer a permitted use. As part of an orderly transition we request
the boat repair permit be issued because it does fit in with current uses
and the building fits this use physically.
3. The long range plan for the building is to convert the building and site to
highway oriented retail or other types of retail which fit the site,
facility and the best interests of Chanhassen. You are aware there are
not many locations on the East side of the City where automobile repair and
services are allowed without gas. Lotus is currently promoting the site
for this use and attempting to tie our plan with Amaco's new plan for its
facility. The current zoning is BH which may be to restrictive given the
current use and the Hanus Facility. We will in the future present a I
complete plan for the site and request a re-zoning to BG. Retail demand
and economics do not allow a rapid change at this time but we hope to
complete the transition over the next three years.
Sincerely,
Bradley C. Johnson
BCJ:pp ,
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LOTUS REALTY SERVICES
545 WEST 78th STREET, P.O. BOX 100
CHANHASSEN, MINNESOTA 55317
(612) 934-4538
September 23, 1988
Ms. JoAnn Olsen
Assistant City Planner
City of Chanhassen
Chanhassen, MN. 55317
1 RE: Existing Hanus Truck Facility
Dear Ms. Olsen:
Per your request regarding the above referenced project, the following
summarizes the past, present and proposed future uses/tenants for this
building.
Past and Present Uses:
1 The Hanus Truck facility builds, repairs, both mechanical and body, and
stores large dump trucks. It also repairs and stores school and coach
buses. The building and repair of these vehicles has taken place both
inside and outside of the building. At times there are as many as 150
vehicles stored on site. The building contains approximately 18,000
square feet.
This then equates to 1 vehicle per 120 square feet of building area.
Scotts Automotive Repair: (proposed tenant)
' Scotts Automotive Repair is in the business of mechanical repair of motor
driven vehicles. The repair of these vehicles will be inside with no
exterior repair. The repair could include but not be limited to tuneups,
oil changes, brakes, mufflers, transmissions, air conditioning, flat
tires, etc.
This tenant will use approximately 2,100 square feet of the 18,000 square
foot building with 10 parking spaces for staging customer vehicles. It is
anticipated, based upon daily work schedules, that these spaces will be
used on a daily basis with the customer dropping off or picking up their
vehicle in accordance with the work to be performed.
This equates to 1 vehicle per 210 square feet of building space.
I
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Ms. JoAnn Olsen
Page 2
September 23, 1988
Marine Fiberglass:g (Proposed tenant)
Marine Fiberglass is in the business of refinishing boats. The
refinishing of these boats will be inside with no exterior repair. The
repair could include but not be limited to their hulls, decks, masts, etc.
This business will use 2,600 square feet of the 18,000 square foot
building with exterior staging space for 10 boats. It is anticipated
based upon daily work schedule that this space will be used on a daily
basis with the customer dropping off or picking up their boat in
accordance with the work to be performed.
This equates to 1 boat per 260 square feet of building space. I
In summary, Scott's Automotive Repair and Marine Fiberglass's use of the
building is not greater nor is it even equal to the present use, it is much
less. I therefore, respectfully request that you issue us a letter authorizing
these businesses to relocate to this building.
Si7cerely, 1
Ai//''146C
Harold Ness
HS:pp '
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II LAND DEVELOPMENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
II (612) 937-1900
APPIICANT: r a7,L� 1Y VI CJES OWNER: S
7'?" �A/I CAS
IADDRESS P.0 . Pox 10 0 ADDRESS f 0. )( /00
CJ4k55J 3' 7 CL,gn),LA 5c3 t 7
II Zip Code - Zip Code
TELEPHONE (Daytime) 93�_-fc7 TELEPHONE 93(1—(6-3 ?
REQUEST:
Zoning District Change - Planned Unit Development
I . ______ Zoning Appeal Sketch Plan
Preliminary Plan
Zoning Variance Final Plan
Zoning Text Amendment Subdivision
il ____
Land Use Plan Amendment Platting
Metes and Bounds
Conditional Use Permit
I Street/Easement Vacation
Site Plan Review
Wetlands Permit
IPROJECT NAME ,0 4A5 71.) 4 f C
PRESENT LAND 1 '
D USE PLAN DESIGNATION 6cii SiN05 S �t1 6141,,1114/
IREQUESTED LAND USE PLAN DESIGNATION QNL 1A5E?-- f 1T F -
______ 4N0 bkAk M -1/vim
74,7�PRESENT ZONING
1 REQUESTED ZONING
IIUSES PROPOSED ArrD p a AND (30,AI M,7iIrNAA}
SIZE OF PROPERTY I�4L-f- OQ
t Soa-ter F
LOCATION o r. ' OF 1 Cy-v./Abe S , 4-10 1
REASONS FOR THIS REQUEST 'EL0(A --1MO _et,ts/,mss--r-S
I7 W`jet • S r"Q tzt "T-6 'tai E -a /.yvD '' C ,-= A-�wvv/nl
IILEGAL DESCRIPTION (Attach legal if necessary )Y
II
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City of Chanhassen
Land Development Application
Page 2 11
I/FILING INSTRUCTIONS :
This application must be completed in full and be typewritten
clearly printed and must be accompanied by all information t
mationandor
I
plans required by applicable City Ordinance
filing this application, you should confer withvtheoCi . Before ty to determine the specific ordinance and procedural requirements
IIapplicable to your application. q men
FILING CERTIFICATION:
IF
The undersigned representative of the applicant hereby c ertifies
that he is familiar with the procedural requirements of all
applicable City Ordinances . 11
Signed By /� II
��� ` Date Z
Applica.
II
The undersigned hereby certifies that the a lican I p
authorized to make this application for thepropertyhhereinn
described .
7 ! II/.!7.--.
Signed By ! 41 „
ee 0 ner Date 7-6 J. 1
1
Date Application Received II
Application Fee Paid
City Receipt No.
II
* This Application will be considered b
Board of Adjustments and A the Planning Commission/ 11 meeting . Appeals at their
II
II
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CHANHASSEN PLANNING COMMISSION
II REGULAR MEETING
OCTOBER 19, 1988
C
Chairman Conrad called the meeting to order at 7: 35 p.m. .
MEMBERS PRESENT: Tim Erhart, Steve Emmings, Annette Ellson, Ladd Conrad,
Brian Batzli and Jim Wildermuth
MEMBERS ABSENT: David Headla
STAFF PRESENT: Jo Ann Olsen , Asst . City Planner
PUBLIC HEARING:
CONDITIONAL USE PERMIT FOR A 18,000 SQ. FT. BUILDING FOR AUTO REPAIR AND
BOAT MAINTENANCE ON PROPERTY ZONED BH, HIGHWAY BUSINESS DISTRICT AND
LOCATED AT THE NORTHEAST CORNER OF HWY. 5 AND 101, CHANHASSEN AUTO AND
SPORTS CENTER, LOTUS REALTY SERVICES.
Jo Ann Olsen presented the staff report.
Chairman Conrad called the public hearing to order .
Brad Johnson: I'd like to ask a question. I think you're probably aware
I 4: that we' re in the process of trying to assemble about, I have a map here
that shows it, but there' s about 4 or 5 parcels that are involved on the
Hanus site and up until 2 or 3 weeks ago, we thought that the TH 101
adjustment was going to come just to the east of us . Now on the new plan ,
they have the north route. You also have before you a request by AMOCO to
change dramatically their particular site. We are working with them. If
you get into the details as to what we' re trying to accomplish, it' s to
integrate that site. We perceive, and this is just background
information, we perceive that that site has probably, current improper use
for a city. It ' s there however and the building was designed for a truck
facility and there is a conditional use permit that we believe runs with
the ground that permits the use of a truck facility there. We are, in
answer to I think one of your questions last time Steve, the zoning here
is BH which is very restrictive considering that building is already
there. I guess if the building wasn' t already there and worth quite a bit
of money, I don' t think we'd have that problem but in the BH District for
example, as we've discovered in a meeting a couple times ago, you don' t
' even permit automobile service unless you have gas . The history behind
this is that we started to acquire this building because we knew we had to
relocate a number of people from the downtown area . They were to be
Chanhassen Lawn and Sports. Marine Fiberglass . Scotty' s . Loren. All
' the people that were auto related because we perceived this to be one
location on what we' ll call east of TH 101, current TH 101, where we could
relocate service type facilities . We've been trying to convert it slowly
I into an automobile oriented type of repair facility. Tenants have not
been knocking our door down and because of the various changes that are
going on with TH 101, TH 5 all the way around us , it is difficult. It ' s
one of those kind of moving targets from a development point of view. Out
ultimate objective is to integrate that complete site. We are meeting
Planning Commission Meeting -
II
October 19, 1988 - Page 2 la
now, tomorrow, and will be here with Matt Fischer who has the Apple
Concrete Plant. He will be over here tomorrow and I guess our general Valley "
objective is to change the site and make it better . We' ve spent quite a
bit of time getting it under control . Secondly, we've had a number of
requests from people downtown who are about to be relocated by the HRA in II
about 30 days to go somewhere. This is sort of a safe harbor we felt for
a period of time to allow this and looking at the previous conditional use
permit that was granted, boats were permitted as, not boat repair. Marine II
Fiberglass , what he does is he doesn ' t repair king of inexpensive boats .
He is a premiere repair, he resurfaces racing sailboats for the fleet over
on Minnetonka . He' s got quite a clientele and he happens to bring boats
over here periodically. That's primarily his business is doing that type
of thing . I think the facility is okay for that. I think our storage at
the present time, it certainly is no better or worse than what is
currently being stored in there and we' re attempting to move. So our
II
request is that you grant the conditional use permit. I 'd like to get
some response from you. I 'm not coming with a complete plan for that
whole corner at this particular time. I think there are issues for the II
same reasons you rejected the AMOCO request the last time and I think
we've got to kind of figure out what' s going on in total before that' s
done. That' s kind of where we are. We do need some cash flow to support
the building. These guys are tenants that are going to be in there for 3 II
years. . . We' re currently negotiating with Scotty's who is also going to
be coming in front of the Commission.
Conrad : Temporary use then? II
Brad Johnson : Yes . I think ultimately, I think they' re looking at it as II
a temporary location because they can' t find another location in the
community. We perceive a Scotty' s type operation or Goodyear or whatever
could make use of parts of the building but it' s a transfer in going from
heavy use, truck facility to probably, I guess the best way to say it is II something where my wife probably would not drive in for service currently
and if we have to convert it over a period of time to a store where people
can go for service. That' s kind of the main thought to accomplish , more
II
so than we thought . I guess our request, based upon use was permitted
before. It was used that way and it' s a convenience to the HRA so they
have a place to move at least one tenant who right now is having a hard
time to find a place in the City. I don' t think it intensifies that
II
location. I think staff is. . .
Emmings moved , Batzli seconded to close the public hearing . All voted in II
favor and the motion carried. The public hearing was closed.
Erhart : Why did we deny the AMOCO proposal? I might not have been here II
that night.
Olsen : It was tabled . I
Conrad : It was tabled because we didn' t know the access . There were a _
couple of issues based on access . Staff wanted one access to the site.
II
AMOCO presented two different . An island approach. We also had a concern
II
- Planning Commission Meeting
October 19, 1988 - Page 3
I
with MnDot' s, MnDot has a need for and I 'm not even sure how that ' s tied
in but they would like to really block any kind of left hand turn at the
intersection. Coming out of the Holiday going into. . . But anyway, I
think our biggest concern was the access .
Erhart : Were they going to tear down the existing car wash then?
Conrad: The car wash is a different site.
Brad Johnson: The ownership there is Amoco owns the station and Gary
Brown owns the car wash.
11 Erhart : And the property? He owns the car wash and the ro ert and
Amoco owns the other lot? p p y
Brad Johnson: That' s the way it is . I think you' re going to find a lot
of interesting things happening on that corner. . .next couple years. I 've
got a couple of plans along if you wanted to see the thoughts .
Erhart: What' s going to happen to the. . .
Conrad : Future use?
Brad Johnson: Here' s the problem. You' ve got with the new TH 101 coming
in and the Dakota access , you basically have a triangle that has the
highest traffic count in the City landlocked except for an entrance from
78th Street. Then you 've got all these other things happening on that
corner there and intensifying traffic flow. We think some type of
internal system is going to happen to take the pressure off , just that
intersection is going to have to be developed . I ' ll just give you a
couple of hand outs that you can take home and think about.
' Erhart : You' re using West 79th to provide that access?
' Brad Johnson: You saw the one, I guess you ' ve got the one that ' s on the
map and I 'm just saying , this is the kind of things we' ve been working
with. Now as you can see, the road that we thought was going to be there
isn ' t going to be there anymore so we have to change our plan but it' s
' something that you kind of become. . .that corner because it' s potentially a
fairly. . .
Erhart : Is this the reason that you have a continuous parking lot through
the whole area?
Brad Johnson : Yes . And we' ve had Food Fair that was interested in coming
and we assume there will be some kind of a Food Fair. We have a movie
theater that' s interested if we can find enough parking . We' ve got a lot
of interesting uses for this particular site but this road system worked
kind of slick but TH 101 is no more going over the Apple Valley Concrete
so he' s got to start dealing with what he' s going to do to this site also.
Erhart : What is the deal with Apple Valley Concrete? Does that have to
go or no?
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Planning Commission Meeting
October 19 , 1988 - Page 4
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Brad Johnson : There' s a conditional use permit that runs out what? By
right around 1993? I think he' s always assumed . . . '
Emmings: Run out?
Conrad : In that particular case there was a limit. It taxes my memory
but we were real concerned that that was a focus point of the City and we
didn' t want it to be there. So when they wanted to improve the site with
new washing facilities to wash out trucks and whatever, we were real II concerned that they were putting in too much investment for a site that we
wanted to purchase and do away with and put something else there so I
think we made it, and boy, I tell you, I could be wrong, but I think we
made it contingent on a limited permit. Therefore they had to figure out II
how to write off that equipment.
Ellson: Doesn' t that seem illegal? I
Erhart : It does make good sense. We' ve been told , and I 've tried to
discuss that relating to retail nurseries where you just put a time limit II
on them so they don' t invest in the buildings so we can get rid of them
when development comes in and we keep getting told by our Attorney that
you can' t do that. What you have here is the perfect example.
Conrad: Well , we may have had different attorneys and I may have
distorted it. I just may have but that ' s what ' s in my memory. How we did
that. I
Brad Johnson: Actually, the Hanus Park property where the cement plant
sits, is on the Hanus. We go all the way over to TH 101. It' s an
interesting problem that obviously doesn ' t mean. . . This particular
request that I have. . .the HRA and Todd would like to see it happen. The
guy who operates , Stan who operates the fiberglass , had not been able to
find another site in the community that fits his particular needs . . . He
wants people to be able to find , it' s sort of a retail business . The
boats themselves, I think stored correctly don' t look bad at all . They' re
not offensive. '
Conrad : Do the masts go up when they' re stored?
Brad Johnson: So we anticipate they' ll be there for 3 years. He could
stay there longer but we just have to work through our use process .
That's some of the ideas. We've been coming up with all kinds of ways of
using that site. Now our next problem is , the next problem will be more
highway oriented. How do you get into that coming east? You get a right
in off of TH 5 in that Apple Valley concrete. How do those trucks get in
and out of there and the new boats? There' s a lot of questions that II weren ' t addressed in any public hearing because , as you know, the one that
was chosen was the last one and it' s kind of a surprise to both you and
everybody else. As I said, everybody from the south had their chance
to. . .something. I was at the meeting, the Council meeting and nobody has II
really brought up the other side. I met with the guy who owns the
apartment buildings for lunch today and he was totally surprised. He's
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1 -Planning Commission Meeting
October 19, 1988 - Page 5
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the one that said he waited as long as he could to build those apartments .
That' s another problem. We have to deal with reality. Right now I need
to get some tenants in there. These guys need a place to go.
' Erhart: What you' re talking about here is no intensification of it?
. . It' s leased or something and he' s going to store boats?
Brad Johnson: No boat storage. He' s got places for 10 but theoretically,
' like today, in the fall and certain times of the year when he' s got a lot
of boats coming and going but he doesn't store them over the winter.
Erhart : Is that in addition to the trucks they store now?
Brad Johnson: No, we will remove some of the stuff that is there. A lot
of stuff has been hauled out of there.
Erhart: The truck business is getting smaller?
Brad Johnson: Yes , definitely. He ' s no longer in the auto body
manufacturing business. He is in just truck repair.
Erhart: What are the chemicals that are associated with fiberglassing?
Brad Johnson: . . . I can' t answer that question. He' s been downtown for a
1 ( long time.
Wildermuth: Virtually everything is consumed. There' s very little waste.
Especially for what he charges .
Erhart : I thought there was sanding stuff . Okay. So that ' s the guy
that' s downtown and he just wants to move out there?
' Brad Johnson: And his building will be torn down Thursday. We were all
set to move in earlier and then we ran into this thing. . .
Emmings: I think Tim has hit the things I have written down. I wondered
whether there were any special safety considerations or anything
associated with the materials. I wasn' t clear on what exactly the
' business that' s in there now is doing. It sounded like it was winding
down but it sounded kind of mushy.
Brad Johnson: It' s mushy because we' ve got people that have no other
place to go in all of Chanhassen. There' s no one facility for anybody in
there trying to figure out where to go.
' Emmings: But I wonder what, the business that' s in there now, I couldn' t
tell what that was doing .
1 Brad Johnson : In that particular site , there is nothing going on . That' s
vacant, that one little spot but what they' re doing now is truck repair .
Emmings : Repairing them mechanically or doing body work?
Planning Commission Meeting
October 19, 1988 - Page 6
Brad Johnson: Primarily mechanically. The body equipment is no longer
there but just because of the nature of the business, periodically they
use some molding .
Emmings: So do they do it in other locations or . . .? '
Brad Johnson: No.
Emmings : Then the only other thing I felt that would be a good idea to do II
would be maybe a number 2, just instead of a period there, put a
semicolon. Just say, no storage of boats shall be allowed so that ' s very,
very clear . •
Brad Johnson: Qualify it by saying, it' s supposed to be transitional .
Emmings: No, it says, it should then say that Marine Fiberglass shall be I
limited to exterior staging of 10 boats and no storage of boats shall be
allowed. Or no seasonal storage or something like that. '
Brad Johnson: That' s what we wanted.
Emmings: I know it is and that' s what we' re all thinking but I think it '
would be good to say it so there' s no confusion later . But sometimes
these things come back. In just a matter of a couple of weeks and we
can' t remember what we did or how we did it.
Ellson: I don' t have any other comments .
Batzli : Again , I had several of their comments but the question I had
was, the first condition. That they have to meet all the conditions of
the original conditional use permit. It seems that most of the original
conditions dealt with vehicles so they really don' t have to comply with
very many of them at all other than perhaps 2. 08 in screening or
something. Are we trying to put any other conditions on them from that
original conditional use permit? I
Olsen : No . I just want them to be aware of the existing conditional use
permit that they still have to meet. There was some other conditions
besides storage.
Wildermuth : Which have probably all been violated in the last 5 or 6
years. ,
Emmings: I kind of assumed that word , where it said vehicle in that one
it would mean boat. I
Batzli : I read it that way at first and then I kind of wondered I guess .
Olsen: It includes, where they say service and repair of motor vehicles I
( and then they say boats . . .
Batzli : The intent then is that boats is interchangeable for the word
vehicles in the conditional use permit?
I
, -Planning Commission Meeting
October 19, 1988 - Page 7
II
Olsen : In the existing one it is . That ' s the way it was written with
the original conditional use permit.
Batzli : I guess with that understanding , that concern of mine goes away.
I liked Steve' s comment about the seasonal storage of boats. Condition 3,
the increase in use of the site, do you mean by like the number of boats
I they're bringing in? By the amount of space they' re using or any of the
above? Or do you just want to leave that soft and fuzzy?
' Olsen: I meant that they couldn' t start storing additional boats there.
That they were limited to that size. What they' re getting the conditional
use permit for at this time.
' Conrad : What else would cause an increase in use? I can ' t think of
anything.
Wildermuth : Would we have an objection to their leasing more floor space?
I don' t think so.
Olsen: It' s just a way for us to know what is current on that site .
Batzli : I don' t have any other questions .
I4: Wildermuth : How much floor space does Scott ' s repair want?
Brad Johnson: 2,600. Two pieces . The building is 18 ,000 in there . . .bay.
A real big bay.
Wildermuth : I think that' s a good use for the building . Can you relocate
Loren?
Brad Johnson : I 'd like to. We' ve tried to . Quite honestly he' s getting
out of downtown for different reasons and once they were ready, Loren
woulde move in there also. Originally we got it for Loren and Chan Lawn
Sports and they' re still here and we can' t get him out of there. We'd
like to see it. The town needs a site for that . We've got Goodyear
looking at the site as a potential corporate storage. Someday. Nothing
' moves very quickly.
Wildermuth : I think that woulde be a shame. I would rather see a number
' of smaller businesses than an operation like Goodyear .
Brad Johnson : They wouldn' t take the whole thing either . That' s a really
big building.
Wildermuth : I think it' s a good use for that site .
' Conrad: Me too.
Brad Johnson: We need to change it around and make it look nicer .
Conrad: That whole area could.
Planning Commission Meeting
II
October 19 , 1988 - Page 8
I
Brad Johnson : As I say. The zoning question Steve you brought up last
time, it would appear given that that building is there, BH is very
restrictive for what ' s . It should be like a BG so our people will be
coming back so we don't have to keep going through this . Because
everytime I come in with something . See if we brought in an automobile
repair place, either we have to do it under the current conditional use
permit. Do you remember that? So we'd like to come in probably but at
the right time along with a plan and ask for a different kind of zoning .
You should be aware of that site. It' s got a lot of potential but it' s
going to be a bear until it gets straighten out.
Wildermuth : Who owns the piece between the car wash and the Hanus?
Brad Johnson: We do. That 's why we just leveled it to make the building II
look better . Then I discovered all those trucks . The good news is you
can see the building. The bad news is I hauled all the dirt over to my
backyard and I ' ve got to haul it back and build a berm. We should have
left the berm up front so that you can' t see. Right now you go up right
through the building . When you look out there, there will be a little
berm someday.
Emmings : I' ll move the Planning Commission recommend approval of an
amendment to the Conditional Use Permit for the Hanus Facility to permit
Marine Fiberglass to be located at the subject site with the following I
conditions. Number one will read as it is except at the end of it Jo Ann
where the period is, remove the period and put a paren and say that boats
shall be deemed to be "vehicles" for purposes of construing the original
conditional use permit. Then close the parens , period . Then number two , '
where the period is, remove that and put a semicolor and just say, then
add no seasonal storage of boats shall be allowed.
Batzli : Second .
Emmings moved , Batzli seconded that the Planning Commission recommend '
approval of an amendment to the Conditional Use Permit for the Hanus
Facility to permit Marine Fiberglass to be located at the subject site
with the following conditions : i
1. Marine Fiberglass must meet all other conditions of the original
conditional use permit (boats shall be deemed to be "vehicles" for
purposes of construing the original conditional use permit) .
2. Marine Fiberglass shall be limited to exterior staging of ten (10)
boats; no seasonal storage of boats shall be allowed .
3. Any increase in use of the site by Marine Fiberglass shall require a
conditional use permit . '
4. The applicant must meet all Fire Code requirements prior to issuance
of a certificate of occupancy.
I . , • -Planning Commission Meeting
October 19 , 1988 - Page 9
I
C5. The applicnat shall meet the requirements of the Building Department.
All voted in favor and the motion carried .
' PUBLIC HEARING:
SUBDIVISION OF 22. 8 ACRES INTO 2 LOTS OF 1. 9 AND 20. 9 ACRES ON PROPERTY
ZONED RR, RURAL RESIDENTIAL AND LOCATED ON CHES MAR DRIVE APPROXIMATELY 1
MILE NORTH OF HWY. 5, GINGER GROSS , CHES MAR FARMS REALTY.
Public Present:
' Name Address
1 Tim Keane
Mark Kelly 7900 Xerxes AVenue So . , Bloomington
Representative for the Gross '
Brad Johnson 7425 Frontier Trail
Jo Ann Olsen presented the staff report.
Chairman Conrad called the public hearing to order .
' Tim Keane : My name is Tim Keane , 7900 Xerxes Avenue South , Bloomington.
I 'm here on behalf of the vendor of the property, Naegle Trust, Ches Mar
Farms Realty, trustee . Also with me this evening on behalf of this item
is Mark Kelly who' s representing the buyer of the property, Charlie and
Ginger Gross . Very briefly, the circumstances that gave rise to the need
for this request was an option, I don' t know if this will clarify things
any better . In 1981 Charles Gross entered into an option agreement with
' the Ches Mar Farm Trust on behalf of the Naegle Trust to purchase the
homestead on this parcel which is a 1. 93 acres . That was a legal lot of
record at the time that the option agreement was entered into. There was
a condition in the option agreement that there was a life estate that
would continue, that would be a condition precedent to closing on the
option agreement. That life estate came out of being this past spring
with the death of Margaret Johnson. The Gross ' then requested that the
' property be conveyed under the terms of the option agreement. In 1981
this was a separate lot of record. It continues to be a separate lot of
record . However , it did come under common ownership and there was the
' same tax identification number for both properties. In approximately 1985
there was a State Statute passed that gave municipalities the authority to
review tax divisions. This is not a division. We have two separate
parcels of record . This is a technicality to approve a tax division. The
City upon request, requested that this property be platted in response to
the request for the tax division. We agreed to the request for going
through the subdivision procedure. There would be a more simplified
' process and that would be a resolution of the City simply to waive the
platting requirement and agree to the tax division to the County. But we
did agree to the platting requirement . A couple things I 'd like to note
' that what this is not. This is not a development proposal . This
subdivision will not bring about any new development . No new