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10. CUP Relocation of Office Whse and Contractors Yard at 8301 Audubon Rd ,//I IC. DATE: July 6 , 1988 I CITY O F C.C. DATE: July 25 , 1988 \N \I Y CHANHASSEN CASE NO: CUP 88-7 I Prepared by: Olsen/v IN 1 � STAFF REPORT 1 ' PROPOSAL: Conditional Use Permit for a Contractor' s Yard in the IOP, Industrial Office Park District and Office and Warehouse Use ILOCATION: 8301 Audubon Road Ia APPLICANT: Steven Bergquist (Merit Heating) . Thomas Quammen 1450 Park Court 1 Chanhassen, MN 55317 I PRESENT ZONING: IOP, Industrial Office Park IACREAGE: 7 . 47 acres DENSITY: IADJACENT ZONING AND LAND USE: N- IOP; railroad tracks & Public Works. Bldg. I Ai:ties by Gay - -r S- IOP; vacant y� c Endorsed Q Modi ed �---- E- IOP; vacant Rejecnd- _ _. c :.��/.!l -- Q - W- A-2; vacant . 7/4 4_1- _ 1 W WATER AND SEWER: Within Urban Service Area �'`."': ;` •. • PHYSICAL CHARAC. : ___._7/:_?_;-,AFe - The site is currently used as a single I U) family residence and horse farm with the majority of the site as pasture. 1 2000 LAND USE PLAN: Industrial II .. i I4 Fl I A Wks . '1 • ;', - - f RR t, .. , . . 1 . • mill11111111 1/1 - : ::„ _ ,t) R 1 2. ,41 11.° 1 ill IIM itrotill, , ' A• . • L' BOULEVARD _ - 1 111 PAPK .- ... , --- ---- la i BG 1 .. 4! 1I S - .t: _____, ____--- , 1:- ; - '--- 2 ' - t •• ° F.; .......,....--...---- • Ad„sp.__ _....,.„,".. •.......... ---;„" -".......%""" 1....... IR pp,C 6...;,....... III., Ili .■•-•• -- i'( $ .00....1.°. 8• Iii1"1"................" '' Z. 1 I OP 11 " _ ._,:--,-.---2) \.. , .1 Loe...=..-110t,i CF Ca) 1 oe_ s .1 ; x '1 iir 1 — I e OFFI&E-IL,--1AlefAid_le-f..,i :%. t t, t file.. IL-11 -71.44r■Ir.- . Nerr 1-A ,,rszTit,i&,,Ccx1--It- evi .F A, ,. ... /- ,_, - 5 a , i ■._ ( R1 2f 6-1 I, ,it I , LAKE - , RD I , . R8 „. 7 ! RSF r p W i Ct 4 , + 0 L _ ,immor , cl : RSF 1 R4 - - PUD-0i A . 0 .:, . _ ..r illir . , I , . - J ; , e• RSF , II ... . i , . • • r.. , r...•..? ' • Allik LY: kl Ili‘ LitiLtir 1 B• :I_EVAR• • i ‘-r- " C--- AR _ , . t _...,:, -, t -4..4,,-..7. I : 0 --- ',A.. --!--V- -:` Al -. '''• e -. r',-=...-----s-t ' ' ' I , if a •- -- a, - • CUP for Merit Heating ' July 6 , 1988 Page 2 ' APPLICABLE REGULATIONS ' Section 20-1191 requires a 10 foot strip of land between abutting right-of-way and vehicular use areas including one tree per 40 feet and a hedge wall or berm of at least 2 feet. ' Section 20-1192 requires interior property lines to be landscaped with one tree per 40 feet. ' Section 20-1211 requires interior landscaping for vehicular use areas . Section 20-1178 requires that all trash disposal units be comple- tely screened on all sides . Section 20-1125 requires one parking space for each 1 ,000 square ' feet of gross floor area up to 10 ,000 and one additional space for each additional 2 ,000 square feet, plus one space for each company vehicle. For office buildings , 3 parking spaces for each ' 1 ,000 square feet of floor area is required. Section 20-1123 requires industrial district parking areas and access drives shall be paved with a dust free all weather surface ' with proper surface drainage and concrete curb. Section 20-812 allows office and warehouse uses as a permitted use in the IOP District. Section 20-814 allows contractor' s yards as a conditional use in ' the IOP District. The definition of a contractor' s yard is "any area or use of land or vehicles , equipment and or construction materials and supplies commonly used by building excavation, roadway construction, landscaping and similar contractor' s are stored or serviced. A contractor' s yard includes both areas of outdoor storage and the areas confined within a completely enclosed building used in conjunction with a contractor' s yard. " ' REFERRAL AGENCIES Fire Inspector Attachment #2 ' Building Department Attachment #3 IAsst. City Engineer Attachment #4 ANALYSIS ' The applicant is proposing to relocate their Heating and Cooling business from the Chanhassen Lakes Business Park to the subject site. The subject site is currently a horse farm which contains a horse barn, a residence, garage, tack barn and chicken coops . 1 • CUP for Merit Heating July 6 , 1988 ' Page 3 The site is zoned IOP and the uses that the applicant is pro- posing are allowed as a permitted and conditional use. The business that the applicant is involved in includes having service and installation personnel come to the site to pick up vehicles , equipment and then leave for off site jobs . Based on the ordinance definition, staff interpreted a contractor' s yard as where employees come to the site, pick up the equipment and trucks , leave the site for off-site installation and service and at the end of the day return to the site to drop off equipment and trucks . Therefore staff required the applicant to receive a conditional use permit. The applicant is proposing to utilize the existing buildings as follows: "Residence: Convert to space for use of office staff of 7 . We intend to leave the exterior of the home intact except for the installation of an access from the home to the entrance drive. Interior work will consist of updating the electrical service and the installation of air conditioning. Garage: This area is to serve as storage for tools and equipment normally used in our course of business such as scaffolding, lad- ders, roof curbs, etc. We also intend to store small components of higher value such as thermostats, relays, and other parts and components normally associated with the trade. Horse Barn: Convert the main level to warehouse. Remove the original milkhouse and install an overhead door at south end of barn. The grade is such as to permit a "dock" area for loading and unloading purposes . The lower level or stable area of the barn will be storage. Tack Barn and Chicken Coops: These areas are to remain as is and will serve as cold storage area only. Overall Site: It is our intention for the property to remain as rural in appearance as possible. We intend to leave the entrance drive, yard and pasture areas completely as they are. We intend to create a parking area just east of the barn for use by employees. This area will be shielded from Audubon Road by the barn. Located in this area there will also be a roll off type of container for scrap metal such as old furnaces and ductwork as well as a smaller rubbish container. Additional parking will be 11 south of the tack barn and will be shielded by the barns . All parking areas are to be graded for drainage and will be graveled. " The applicant is proposing to use the existing features of the ' site on a temporary basis without any improvements . The subject site is zoned IOP and the proposed use is an industrial type use. Typically, such a proposal would require the necessary site 1 CUP for Merit Heating • July 6 , 1988 Page 4 1 improvements. These would include the paving and curbing of parking areas, providing landscaping, sewer and water, etc. The improvements that the applicant is proposing at this time is the ' creation of a gravel parking area, removal of the milkhouse currently attached to the barn, and screening of the trash recep- tacle with recycled wood from the woodshed. The applicant is ' also proposing to paint the silos with the company name. This would not be permitted under the sign ordinance. Staff inspected the site with the Building and Fire Inspector to ' determine whether or not the barn and house could be converted to an office and warehouse. Both the Building and Fire Inspector felt that the barn was in good enough shape that it could be used temporarily as a warehouse with certain improvements and the house could be remodeled into an office upon submission of building plans and again certain improvements to meet building ' codes . The applicant is proposing to have an office staff of 7 and three service personnel and 8 installation personnel for a total of 18 employees. The site will be serviced by an existing septic system and well. The applicant has provided a letter from Sullivan Services stating that they recently cleaned and checked ' the septic system and found that it was in good working condition to the best of their knowledge (Attachment #5 ) . 1 The major issue with this proposal is the fact that required improvements to the site are not being provided and that an industrial use is going to be supported by an aged septic system and well . The site is within the MUSA line and therefore has the ability to be serviced by sewer and water. The use is industrial which should be supported by the required improvements . The parking and access drives should be paved and have concrete curb for drainage and stability purposes . City water and sewer should be provided to prevent the septic system from failing with the increased use of at least 18 employees . ' Staff has requested that the applicant provide a timeframe as to what they mean by temporary and to also provide plans for future expansion. The applicant has stated that future plans depend on Opus and future subdivision of the property. Without a time- table and future plans , it is difficult to support the proposed temporary improvements . Such a temporary use could become a long term industrial use without adequate site improvements . Staff ' understands the applicant' s request to maintain the site as is on a temporary basis . The site could be viewed as an agricultural site and transition to industrial . But staff cannot recommend ' approval without the provision of future plans and a timetable. The zoning ordinance requires certain improvements and staff must enforce those regulations . 1 11 CUP for Merit Heating July 6 , 1988 Page 5 RECOMMENDATION The Planning Commission has the following options: 1 . Deny the application on the basis that it does not meet the requirements of the zoning ordinance. 2 . Table action until the applicant provides a letter stating what is meant by temporary and future development plans which support the request for minimum site improvements at this time. 3 . Recommend approval with the following conditions: a. All access and parking areas shall be paved with a dust free all weather surface and concrete curb. b . Provide any additional landscaping requirements and ' proper screening of the trash enclosure and proposed dock area. , c . Comply with conditions of Building and Fire Inspector. d. A feasibility study shall be conducted by a registered ' engineer to determine the best alternative to provide sanitary sewer and water services to the site. This feasibility shall be compiled at the expense of the developer. e . The driveway shall be constructed a minimum of 16 feet in width and shall be paved. f . All parking areas shall be paved and surrounded by concrete curb and gutter. This is in accordance to Section 20-1123 of the Chanhassen Zoning Ordinance. g. The applicant shall submit for approval by the City Engineer a grading, drainage and erosion control plan prepared by a registered engineer prior to final appro- val . ' PLANNING COMMISSION ACTION On a motion by Erhart, seconded by Emmings, the Commission recom- mended denial of the conditional use permit for Merit Heating and Cooling because the site plan does not meet the conditions of the zoning ordinance. All voted in favor except Wildermuth. Wildermuth wanted to table the item to give the applicant an opportunity to provide a future plan. CUP for Merit Heating I July 6 , 1988 Page 6 IATTACHMENTS 1 . City Codes . I 2 . Memo from Fire Inspector dated June 9 , 1988 . 3 . Memo from Building Official dated June 8 , 1988 . 4 . Memo from Asst. City Engineer dated July 1, 1988 . I 5 . Letter from Sullivan Services dated June 23 , 1988 . 6 . Letter from applicant. 7 . Application. I 8 . Planning Commission minutes dated July 6 , 1988. 9 . Site plan dated June 3 , 1988. I I I I I I I I I I I I ZONING § 20-814 I ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 20-811. Intent. The intent of the "IOP" District is to provide an area identified for large scale light industrial and commercial planned development. (Ord. No. 80,Art.V, § 16(5-16-1), 12-15-86) Sec. 20-812. Permitted uses. The following uses are permitted in an "IOP" District: ' (1) Offices. (2) Warehouses. (3) Light manufacturing. (4) Trade shops. , (5) Health services. (6) Printers. ' (7) Indoor health and recreation clubs. (8) Body shops. I (9) Utility services. (10) Recording studios. (11) Off-premises parking lots. (12) Conference/convention centers. (Ord. No. 80,Art.V, § 16(5-16-2), 12-15-86) Sec. 20-813. Permitted accessory uses. ' The following are permitted accessory uses in an "IOP" District: (1) Parking lots and ramps. , (2) Signs. (3) Retail sales of products stored or manufactured on the site provided no more than twenty(20)percent of the floor space is used for retail sales. (Ord. No. 80,Art. V, § 16(5-16-3), 12-15-86) Sec. 20-814. Conditional uses. The following are conditional uses in an"IOP" District: (1) Concrete mixing plants. (2) Communication transmission towers. 1227 I C C ' § 20-814 CHANHASSEN CITY CODE ' (3) Public buildings. (4) Motor freight terminals. ' (5) Outdoor health and recreation clubs. (6) Screened outdoor storage. ' (7) Research laboratories. (8) Contracting yards. ' (9) Lumber yards. (10) Home improvement trades. ' (11) Hotels and motels. (12) Food processing. ' (Ord. No. 80, Art. V, § 16(5-16-4), 12-15-86) State law reference—Conditional uses, M.S. § 462.3595. ' Sec. 20-815. Lot requirements and setbacks. The following minimum requirements shall be observed in an "IOP" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is one(1)acre. (2) The minimum lot frontage is one hundred fifty(150)feet, except that lots fronting on ' a cul-de-sac shall have a minimum frontage of sixty(60)feet. (3) The minimum lot depth is two hundred(200)feet. ' (4) The maximum lot coverage is seventy(70)percent. (5) Off-street parking areas shall comply with all yard requirements of this section, ' except that no rear yard parking setback shall be required for lots directly abutting 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 areas shall be permitted in any required side street side yard. The minimum rear yard shall be fifty (50) feet for lots directly abutting any residential district. Side street side yards shall be a minimum of twenty-five (25) feet in all ' districts. Other setbacks are as follows: a. For front yards, thirty(30)feet. ' b. For rear yards, ten(10)feet. c. For side yards, ten(10)feet. (6) The maximum height is as follows: a. For the principal structure, four(4)stories/fifty(50)feet. b. For accessory structures, one(1)story. (Ord. No. 80, Art. V, § 16(5-16-5), 12-15-86) 1228 MEM 1 I ZONING § 20-1176 , Sec. 20-1145. Landscaping and screening. ' All berths shall be screened from public rights-of-way and from view from the property across the street frontage and/or from the zoning district boundary when the adjacent prop- erty or property across the street frontage or side street frontage is zoned or used for residen- tial purposes. The screening shall be accomplished as required in article XXV. (Ord.No. 80,Art.VII, § 2(7-2-4), 12-15-86) ' Sec. 20-1146. Design. All loading areas shall consist of a maneuvering area in addition to the berth and shall ' not use any of that portion of the site containing parking stalls.Maneuvering areas shall be of • such size as to permit the backing of truck tractors and coupled trailers into a berth without blocking the use of other berths, drives, maneuvering areas or public rights-of-way. (Ord. No. 80,Art.VII, § 2(7-2-5), 12-15-86) Sec. 20-1147. Required loading areas. (a) Any use which the city believes requires the provision of designated spaces for the loading,unloading or parking of trucks or semi-trailers shall provide such spaces and maneu- vering area in the number and configuration which shall be deemed necessary in order to prevent interference with the use of the public right-of-way and with vehicles entering onto or exiting from the public right-of-way. ' (b) Semi-trailer spaces shall be at least fifty-five(55)feet in length,ten(10)feet in width and fourteen(14)feet in height plus necessary additional maneuvering space. ' (c) Spaces shall not be located on a street side of any building, or, if so located, shall be provided with screening deemed adequate by the city. (d) Spaces and the associated maneuvering area shall be at least fifty (50)feet from the property line of any residentially designated property. (e) No trucks shall be parked in areas other than those designed for such purpose on an approved site plan. (Ord.No. 80,Art.VII, § 2(7-2-6), 12-15-86) Secs. 20-1148-20-1175. Reserved. 1 ARTICLE XXV.LANDSCAPING AND TREE REMOVAL DIVISION 1. GENERALLY Sec. 20-1176. Intent,scope and compliance. ' (a) The intent of this article is to improve the appearance of vehicular use areas and property abutting public rights-of-way;to require buffering between noncompatible land uses; . 1251 =.4,14 • I § 20-1176 CHANHASSEN CITY CODE Iand to protect, preserve and promote the aesthetic appeal, character and value of the sur- rounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. I (b) This article does not apply to single-family detached residences. (c) No new site development, building, structure or vehicular use area is allowed unless Ilandscaping is provided as required in this article. (d) No property lines shall be altered nor shall any building, structure or vehicular use I area be expanded, unless the minimum landscaping required by the provisions of this article is provided for the entire property. (Ord. No. 80,Art. VIII, § 1, 12-15-86) ISec. 20-1177. Plan submission and approval. The property owner or developer shall prepare a landscape plan for review by the city. I The city shall apply the following conditions in approving or disapproving the plan: (1) The contents of the plan shall include the following: I a. Plot plan, drawn to an easily readable scale, showing and labelling by name and dimensions, all existing and proposed property lines, easements, buildings, and other structures, vehicular use areas (including parking stalls, driveways, ser- ' vice areas, square footage), water outlets and landscape material (including botanical name and common name, installation size, on center planting dimen- sions where applicable, and quantities for all plants used). II b. Typical elevations and/or cross sections as may be required. c. Title block with the pertinent names and addressed (property owner, person drawing plan, and person installing landscape material),scale date, north arrow I (generally orient plan so that north is to top of plan), and zoning district. d. Existing landscape material shall be shown on the required plan and any mate- rial in satisfactory condition may be used to satisfy this article in whole or in I part. (2) Where landscaping is required, no building permit shall be issued until the required landscaping plan has been submitted and approved, and no certificate of occupancy I shall be issued until the landscaping is completed as certified by an on-site inspection by the building inspector, unless a performance bond, or irrevocable letter of credit from a banking institution, has been paid. I (3) If necessary, the city may require a letter of credit to insure proper installation of landscape materials with complete cost of all work certified by landscape contractor, Iwith the bond amount to include the actual cost plus ten(10)percent. The bond shall be released upon satisfactory completion of the work as determined by the city. (4) Where unusual site conditions exist where strict enforcement of the provisions of this I article would cause a hardship or practical difficulty, the planning commission and city council may waive the requirements as part of the site plan review process. I (Ord. No. 80, Art. VIII, § 6, 12-15-86) 1252 I NM • ZONING § 20-1179 I Sec. 20-1178. Landscaping for service structure. I (a) Any service structure shall be screened whenever located in any residential, commer- cial or industrial zone (except RR and RSF zones). Structures may be grouped together; however, screening height requirements will be based upon the tallest of the structures. (b) A continuous planting, hedge, fence, wall or earth mound shall enclose any service structure on all sides unless such structure must be frequently moved, in which case screen- ing on all but one (1) side is required. The average height of the screening material shall be one(1)foot more than the height of the enclosed structure,but shall not be required to exceed eight (8) feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material, or vehicular use area landscaping material, such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures. (c) Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regularly occuring basis, a curb to contain the placement of the container shall be provided within the screening material on those sides where there is such material.The curbing shall be at least one(1)foot from the material and shall be designed to prevent possible damage to the screening when the con- tainer is moved or emptied. (Ord. No. 80, Art. VIII, § 4, 12-15-86) Sec. 20-1179. Tree removal regulations. (a) It is the policy of the city to preserve natural woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. (b) No clearcutting of woodland areas shall be permitted except as approved in a subdivi- sion,planned unit development or site plan application. ' (c) The following standards shall be used in evaluating subdivisions and site plans: (1) To the extent practical, site design shall preserve significant woodland areas. ' (2) Shade trees of six (6) inches or more caliper shall be saved unless it can be demon- strated that there is no other feasible way to develop the site. (3) The city may require the replacement of removed trees on a caliper inch per caliper inch basis. At minimum, however, replacement trees shall conform to the planting requirements identified in division 4 of this article. (4) During the tree removal process, trees shall be removed so as to prevent blocking of public rights-of-way or interfering with overhead utility lines. 1253 • ' § 20-1179 CHANHASSEN CITY CODE ' (5) The removal of diseased and damaged trees is permissible. (d) Tree removal not permitted under subdivision, planned unit development or site plan review shall not be allowed without the approval of a tree removal plan by the city council. ' Tree removal plans shall include the content requirements as dictated in section 20-1177 and identify reasons for tree removal. The plan shall be submitted three (3)weeks in advance of the city council at which it is to be considered. (e) This section does not apply to single-family and two-family lots of record. (Ord. No. 80,Art. VIII, § 7, 12-15-86) Secs. 20-1180-20-1190. Reserved. ' DIVISION 2.PERIMETER LANDSCAPING REQUIREMENTS Sec. 20-1191. Generally. ' (a) Where parking areas are not entirely screened visually by an intervening building or structure from any abutting right-of-way, there shall be provided landscaping between such area and such right-of-way as follows: ' (1) A strip of land at least ten (10) feet in depth located between the abutting right-of- way and the vehicular use area which shall be landscaped to include an average of ' one (1) tree for each forty (40) linear feet or fraction thereof. Such trees shall be located between the abutting right-of-way and the vehicular use area. (2) In addition,a hedge,wall,berm,or other opaque durable landscape barrier of at least ' two(2)feet in height shall be placed along the entire length of the vehicular use area. If such opaque durable barrier is of nonliving material, a shrub or vine shall be planted along the street side of said barrier and be planted in such a manner to break ' up the expanse of the wall. A two-foot berm may be used; however, additional landscaping at least one (1) foot in height at time of planting shall be installed. The ' remainder of the required landscape areas shall be landscaped with grass, ground cover, or other landscape treatment. (b) This division applies to perimeter landscaping. ' (Ord. No. 80, Art. VIII, § 2(8-2-1), 12-15-86) Sec. 20-1192. Required landscaping adjacent to interior property lines. ' (a) Where parking areas abut property zoned or, in fact, used primarily for residential or institutional purposes,that portion of such area not entirely screened visually by an interven- ing structure or existing conforming buffer from an abutting property,there shall be provided ' a landscaped buffer which should be maintained and replaced as needed. Such landscaped buffer shall consist of plant material, wall, or other durable barrier at least six (6) feet in ' height measured from the median elevation of the parking area closest to the common lot line, and be located between the common lot line and the off-street parking areas or other vehicular use area exposed to the abutting property. Fences shall be constructed according to the standards in section 20-1018. 1254 s a _ •• .,.#1ir.:.di.•o:Z .. . _stti G'r.+ ZONING § 20-1212 I (b) In addition,an average of one(1)tree shall be provided for each forty(40)linear feet of such parking area or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. (c) Where such area abuts property zoned and, in fact, used for office, commercial, or industrial purposes, that portion of area not entirely screened visually by an intervening structure or existing conforming buffer, shall comply with the tree provisions only as pre- scribed in this section. (Ord.No. 80,Art.VIII, § 2(8-2-2), 12-15-86) Sec. 20-1193. Combining with easements. The required landscape bufferyard may be combined with a utility or other easement as long as all of the landscape requirements can be fully met, otherwise,the landscape bufferyard shall be provided in addition to, and separate from, any other easement. Cars or other objects shall not overhang or otherwise intrude upon the required landscape bufferyard more than two and one-half(23/2)feet and curbs will be required. (Ord.No. 80,Art.VIII, § 2(8-2-3), 12-15-86) Sec. 20-1194. Existing landscape material. Existing landscape material shall be shown on the required plan and any material in satisfactory condition may be used to satisfy these requirements in whole or in part. (Ord. No. 80,Art. VIII, § 2(8-2-4), 12-15-86) Secs. 20-1195-20-1210. Reserved. DIVISION 3. INTERIOR LANDSCAPING FOR VEHICULAR USE AREAS ' Sec. 20-1211. Generally. (a) Any open vehicular use area(excluding loading, unloading, and storage areas in the IOP and BG districts)containing more than six thousand(6,000)square feet of area,or twenty (20) or more vehicular parking spaces, shall provide interior landscaping in accordance with this division in addition to "perimeter" landscaping. Interior landscaping may be peninsular or island types. (b) This division applies to interior landscaping of such areas. (Ord. No. 80,Art. VIII, § 3, 12-15-86) Sec. 20-1212. Landscape area. ' (a) For each one hundred(100)square feet, or fraction thereof, of vehicular use area,five (5)square feet of landscaped area shall be provided. (b) The minimum landscape area permitted shall be sixty-four (64) square feet, with a four-foot minimum dimension to all trees from edge of pavement where vehicles overhang. • 1255 SIM I . ZONING § 20-1125 ' (12) Mortuaries—One(1)space for every three(3)seats. (13) Motel or hotel—One(1)parking space for each rental room or suite,plus one(1)space for every two(2)employees. (14) Office buildings (administrative, business or professional)—Three (3)parking spaces for each one thousand(1,000)square feet of floor area. (15) Public service buildings, including municipal administration buildings, community library, y center, P ry, museum, art galleries, and post office—One (1)parking space for each five hundred (500) square feet of floor area in the principal structure, plus one(1)parking space for each four(4)rests within public assembly or meeting rooms. (16) Recreational facilities, including golf course, country club, swimming club, racquet club, public swimming pool—Twenty (20) spaces, plus one (1) space for each five hundred(500)square feet of floor area in the principal structure or two(2)spaces per court. (17) Research, experimental or testing stations—One (1)parking space for each five hun- dred(500)square feet of gross floor area within the building, whichever is greater. ' (18) Restaurant, cafe, nightclub, tavern or bar: a. Fast food—One(1)space per sixty(60)square feet of gross floor area. b. Restaurant: 1. Without full liquor license—One (1) space per sixty (60) square feet of gross floor area or one (1) space per two and one-half (21/2) seats whichever is ' greater. 2. With full liquor license—One(1)space per fifty(50)square feet of gross floor area or one (1)space per two(2)seats whichever is greater. (19) Retail stores and service establishments—One (1) space for each two hundred (200) square feet of gross floor area. ' (20) School, elementary (public, private or parochial)—One (1) parking space for each classroom or office room, plus one (1) space for each one hundred fifty (150) square feet of eating area including aisles, in any auditorium or gymnasium or cafeteria ' intended to be used as an auditorium. (21) School,junior and senior high schools and colleges(public,private or parochial—Four ' (4) parking spaces for each classroom or office room plus one (1) space for each one hundred fifty(150)square feet of seating area including aisles, in any auditorium or gymnasium or cafeteria intended to be used as an auditorium. ' (22) Shopping center—On-site automobile parking shall be provided in a ratio of not less than one(1)parking space for each two hundred(200)square feet of gross floor area; separate on-site space shall be provided for loading and unloading. (23) Storage, wholesale, or warehouse establishments—One (1) space for each one thou- sand(1,000)square feet of gross floor area up to ten thousand(10,000)square feet and one(1)additional space for each additional two thousand(2,000)square feet plus one 1249 I .w • C 1 CITY OF 1 , CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM 1 TO: Jo Ann Olsen, Assistant City Planner FROM: Steve Madden, Fire Inspector 1 DATE: June 9 , 1988 SUBJ: Merit Heating and Cooling Upon review of the site plan for Merit Heating, I recommend the following: 1 . A total sprinkler system should be installed in the barn for both levels and also in the house. 2 . Heat and smoke detectors should be installed in all buildings . This system should be connected to a U/Lapproval central dispatch center. 3 . A fire lane should be installed around each building. This lane should be constructed with an all weather surface, 20 feet in width (UFC Section 10 .207 , "No Parking Signs" ) . 4 . All exits should be 44 inches in width. Both levels of the barn should have two exits (UFC Section 12 .113 and 12 .114) . 5 . All exits should have lighted exit signs. 1 6 . Fire extinguishers should be installed in each building. One by each exit on each level in the barn ( two A-10BC minimum) . 1 7 . A smoke removal system should be installed. Minimum six air exchange per minute is required (UFC Section 81.106 ) . Also, a structural engineer should check the building for strength. Should you have any questions, please ask. 1 1 1 CITY OF I . , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 iMEMORANDUM TO: Jo Ann Olsen, Assistant City Planner iFROM: Ron Julkowski, Building Official iDATE: June 8 , 1988 SUBJ: Merit Heating and Cooling Co. An inspection was made at the temporary office and warehouse for Merit Heating and Cooling Company and will need the following: i 1 . Verify the size of the existing septic system, confirm that the septic tanks are watertight and verify liquid capacity. i 2 . Design a septic system based on the estimated gallons per day for the new occupancy. 1 3 . Require a floor plan (to scale) of the existing house for the purpose of determining building code requirements . 4 . All existing outbuildings appear to be structurally sound and icould be used as a parts storage/warehouse building. 5 . Outbuildings are to conform to exiting requirements of the building code. i i 1 i 1 r (7. 1 CITY OF CHANHASSEN 1 AL/ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 MEMORANDUM TO: Planning Commission FROM: Larry Brown, Staff Engineer 2-..6/( DATE: July 1 , 1988 SUBJ: Conditional Use Permit for Office/Warehouse and 1 Contractor' s Yard, 8301 Audubon Road Planning File No. 88-7 CUP (Merit Heating) This site is located on the east side of Audubon Road approxima- tely $ mile south of Park Road. The site exists as a farmyard with several structures including a house, barn and chicken coop. 1 Utilities This parcel is zoned IOP and has been proposed as an industrial 1 use inside the Metropolitan Urban Service Area (MUSA) . Staff has been informed by the owner of record that the existing septic system was installed with the existing homestead. Attached is a letter verifying that the septic system has been inspected and is still functional (refer to Attachment No. 1) . Existing sanitary sewer and water services are not within close proximity to the site. The existing railroad tracks and topography surrounding the tracks makes it especially difficult to gain service from the north. It should be noted that the pro- posed McGlynn and Audubon West sites propose to extend sanitary sewer and watermain immediately north of the railroad tracks and west of Audubon Road (refer to Attachment No. 2) . The topography of this area may require a lift station to connect to these pro- posed extensions. The precise timing of the extension of the utilities is contingent upon the two referenced sites receiving all the necessary approvals from the City and other appropriate agencies . At present, the applicant would be required to extend sanitary sewer and water services approximately 650 feet which includes jacking under the railroad tracks . Sanitary sewer and water services have also been proposed to be extended to Audubon Road via the Lake Susan Hills planned unit development ( refer to Attachment No. 3 ) . Since the portion of the planned unit development adjacent to Audubon Road south of the subject parcel has not completed the platting process, it is expected that utilities will not be available until some time in the future. 1 ' Planning Commission July 1 , 1988 Page 2 The ro osed conditional use and zoning p p g within the MUSA area ' would strongly suggest that this site be serviced by municipal services. Due to the existing constraints of topography , proxi- mity of the existing services , and the location of the railroad tracks , a feasibility study would need to be conducted at the ' expense of the applicant to investigate the proper extension of these utilities. If the feasibility study determines that the extension of these utilities is impractical, the applicant will ' be required to prove that the existing septic system will handle all projected demands. In addition , if the septic system is per- mitted, the applicant shall agree to connect up to sanitary sewer and water service as soon as it is available to the site. Access ' The existing residence is serviced by a gravel driveway which is approximately 12 feet in width. Based on the proposed use , heavy truck traffic can be anticipated. Section 20-1123 of the City' s ' Zoning Ordinance states that all parking areas and access roads be paved with a dust free, all weather surface, and concrete curb and gutter. In addition , the driveway access should be a minimum of 16 feet in width. This would be the absolute minimum driveway ' width that would support two-way traffic. Grading and Drainage The proposed plan indicates a minimal amount of grading to construct the parking lot and berm immediately north of the parking area. The plan does not address any form of retention ' such that the predeveloped runoff rate is maintained. A revised plan which addresses this issue should be submitted to the City Engineer for approval prior to final approval. Erosion Control ' Similarly, the plan does not address erosion control. A drainage and erosion control plan should be submitted prior to final approval. ' Recommended Conditions 1. A feasibility study shall be conducted by a registered engineer to determine the best alternative to provide sani- tary sewer and water services to the site. This feasibility shall be compiled at the expense of the developer. 2 . The driveway shall be constructed a minimum of 16 feet in width and shall be paved. ' 3 . All parking areas shall be paved and surrounded by concrete curb and gutter. This is in accordance to Section 20-1123 of the Chanhassen Zoning Ordinance. 4 111 1 Planning Commission 1 July 1 , 1988 Page 3 1 4 . The applicant shall submit for approval by the City Engineer a grading, drainage and erosion control plan prepared by a registered engineer prior to final approval . ATTACHMENTS 1 1 . Letter from Sullivan Services dated June 23 , 1988 . 2 . Location map. 3 . Location map. 1 IMM i i i 1 i i 1 1 1 1 1 1 ULLIVAN'S ERVICES, INC. 3660 HWY. 101 SOUTH ' WAYZATA. MN 55391 473-4300 June 23, 1988 City of Chanhassen Planning Department ' Attention : Jo Ann Olson 690 Coulter Street Chanhassen, Minnesota 55317 ' RE : Jim McMahon 8301 Audobon ' Chanhassen, Minnesota To Whom It May Concern : On June 22, 1988 we cleaned and checked the septic system ' at the above mentioned address and found that it is in good working condition to the best of our knowledge. 1 7 Patrick S. Sullivan President . ,1VII 2 1988 t,i fY OF CHAIViThAss /v /.....,---, -..--......, ' • 1 j 1 i It i //1 I 'e -s•..1 1 \ C ..,— , ... a.., '41 I I '. -,-. \ - _,---- - • .....,..,,,----,"------r. /vs, /-,- ,1 ! il. i -1 , , :/ ! /4........7 , 1 , iii ... -, , \\ _...._ . „, . \ .... , i ! ',, ! -, ! \ 1 , 1 ,-----, , . ........„... ..,..„ 1 i i .1 ../7 i. 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L..d,,,,.,le":„,.„ „, ...... ,-,„ .9 , „ N S•”' 70 SF' ;'11 ; .._ ....____ RAI GREAT yl / / „,(0) i 1 ill. tNEPt4 / 1.13 it 1 D- i cr) _mem ---------__ --Jr ,-- \' at” i 1 2,,•. I/1.,, 7 •,/" )( F4cH i , , 1 ULLIVAN'S ERVICES, INC. 1 3660 HWY 101 SOUTH WAYZATA. MN 55391 473-4300 1 June 23, 1988 1 City of Chanhassen Planning Department Attention : Jo Ann Olson 690 Coulter Street Chanhassen, Minnesota 55317 RE : Jim McMahon 8301 Audobon Chanhassen, Minnesota 1 To Whom It May Concern : On June 22, 1988 we cleaned and checked the septic system at the above mentioned address and found that it is in 1 good working condition to the best of our knowledge. 1 'n 1i Patrick S. Sullivan President 1 i 1 t,rE ,' / 1928 &ACV OF (- )4 `a- k / COMMERCIAL SITE PLAN ELEMENTS I1 . GENERAL a. Protect Name: Temporary Office and Warehouse for Merit Heating and Cooling . Inc . (Merit HVAC . Inc . ) Ib . Applicant : Steven Berguist and Thomas Ouammen as owners of Merit Heating and Cooling , Inc . I1450 Park Court . Chanhassen. Ph. # : 934-0826 Owner of Record : James and Roseanne McMahon I8301 Audobon Rd . . Chanhassen. Ph. # : 448-3701 c . Legal Description: See attached . I d. See attached submittal drawing dated May 20 . 1988 by Cardarelle & Associates . I e . See attached submittal drawing dated May 20 , 1988 by Cardarelle & Associates . f . It is our intention to utilize the existing buildings as follows : IResidence - Convert to space for use by our office staff of 7. We intend, to leave the exterior of the home intact except for the I installation of an access from the home to the entrance drive . Interior work will consist of updating the electrical service and the installation of air conditioning . IGarage - This area is to serve as storage for tools and eauipment normally used in our course of business such as : scaffolding , ladders , roof curbs , etc . We also intend to store small I components of higher value such as : thermostats . relays , and other parts and components normally associated with our trade . I Horse Barn - Convert the main level to warehouse . Remove the original milkhouse and install an overhead door at south end of barn. The grade is such as to permit a "dock" area for loading I and unloading purposes . barn is to be storage . The lower level or stable area of the Tack Barn and Chicken Coops - These areas are to remain as is and Iwill serve as cold storage area only. Overall Site - It is our intention for the property to remain as I rural in appearance as possible . We intend to leave the entrance drive , yard and pasture areas completely as they are . We intend to create a parking area just east of the barn for use by employees . This area will be shielded from Audobon Rd . by the I barn. Located in this area there will also be a roll off type of container for scrap metal such as old furnaces and ductwork as well as a smaller rubbish container . Additional parking will be I south of the tack barn and will be shielded by the barns . All parking areas are to be graded for drainage and will be ,graveled . 0..e.R IT E •._,* 7 I - 1 '.';:15i7,117 1,-F,104, :a1C. mERIr. I1450 Park Court • Chanhassen, MN 55317-0490 • [612) 934-0826 116 C Existing zoning is commercial / industrial . The property is currently being used as a residence with a horse boarding business . h. 1 . 7 . 47 Acres . 2 . Residence - 1500 sq . ft . on 2 levels . ( 1056 / 444) Garage - 480 sq . ft . Barn - 2340 sg . ft . on main level . Tack Barn - 416 sq . ft . 3 . Percent of site covered by buildings is less than 1 . 5%. 4 . Percent of site covered by impervious surface is none . 5 . Percent of site covered by parking area is to be approx. 2 . 5%. 6 . We currently employ 7 office staff . 3 service personnel , and 8 installation personnel . 7 . Not applicable . 8. Approximately 20 parking spaces will be required . 9 . There will be 23 parking spaces provided as per proposed layout . 10 . All building heights are typical of farm construction. Residence is 2 story - approx. 26 ft . to roof peak. Warehouse (Barn) is approx. 30 ft . to roof peak. Tack Barn is approx. 26 ft . to roof peak. 2 . SITE PLAN a through e. Please see attached site plan dated May 20 . 1988 and attached photographs of existing buildings . f . Container screening to be done using weathered wood recycled by removal of wood shed in keeping with rural appearance . g . Not applicable . h. It is our intention to paint the existing concrete block silos . We intend to letter the silos with the company name , phone number and trademark. i . There is currently a sodium yardlight on the property that is to remain. 1 . Please see attached photographs . k. Please see attached site plan. ' 1 . Not applicable . No hazardous materials are to be used or stored . m. Fire extinquishers of appropriate types and sizes are to located as codes dictate . I ti y: 1737 47: e r 3 : e ." a .# l�l5avq ,i,�Y£ rJrr MERIT 93a 1450 Park Court • Chanhassen, MN 55317-0490 • [812] 934-0828 aszs LEGAL DESCRIPTION Part of the north half of the southwest quarter of Section 14 , Township 116 , Range 23 , Carver County. Minn. , described as follows : Beginning at a point on the west line of said north half of the southwest quarter , 821 . 30 feet , measured along said west ' line , southerly of the northwest corner of said north half of the southwest quarter said west line assumed to bear S 2 degrees 11 ' 01 " E: thence N 87 degrees 48 ' 59" E. a distance of 550 . 00 feet ; thence N 2 degrees 11 ' 01 " W, parallel with said west line , a distance of 180 , 00 feet : thence N 32 degrees 05 ' 05" W. a distance of 662 . 31 feet to the southeasterly right of way of the Chicago , Milwaukee . St . Paul and Pacific Railroad . as recorded in Book 23 ' of Deeds , page 266 ; thence S 55 degrees 32 ' 41 " W. along said southeasterly right of way line , a distance of 260 . 00 feet to said west line of the north half of the southwest quarter ; thence S 2 decrees 11 ' 01 " E. along said west line , a distance of 615 . 32 feet to the point of beginning . Subject. to County Road No . 17 over the westerly 33 . 00 feet to the above described parcel . Contains 7 . 47 acres . COMMON DESCRIPTION 8301 Audubon Road . Chanhassen 1 r. 4Y ,}{{h, '4. f ri, 4'4 .-d. 4`` 1) .1°' ,'� .fit ,.' Jri 4 - I t � " ' � 1 b � t i t � e: Lu A 4,1i. ;\' "`.11. t n., xert ( °f ,t,. .Ai ;'t Q. '�'`; ,.Z.. 14j� -"L•6 s.. 7 o• • t4. q '., s r, ff rte. { ,4, '� :4'''T, }`-4 •1',a4�J '1 l �s,_ .,�i+ iyJ y t ' -}�+1}t , Y • 4 \�' ,i I Iii% 1:41 AZ ,, r`' - _.f I•r ,•_,+_i,. I , r - .. = sr_ —.--- ,� '^--- 4.4b... .Y.- �. ''` " .� .0......., "� ` .;off "r` IENTRANCE DRIVE VIEW FROM AUDUBON ROAD I F w f ti • feral .-, pp t . � - t a37, '' "4■• '`.` r4 `.ti i tz a ere.. i r Lam, ir .�. 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II VIEW OF TACK BARN AND BARN FROM BEHIND GARAGE II II NIN I . „ (7 'I LAND DEVELOPMENT APPLICATION II CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 I (612) 937-1900 APPLICANT: Steven Berquist & Thomas OWNER: James & Roseanne McMahon Quammen IIADDRESS 1450 Park Court ADDRESS 8301 Audubon Road Chanhassen, Mn. 55317 Chanhassen, Mn. 55317 I TELEPHONE (Daytime ) 934-082Zip Code 6 TELEPHONE 448-3701 Zip Code IREQUEST: Zoning District Change Planned Unit Development IZoning Appeal Sketch Plan Preliminary Plan Zoning Variance Final Plan Zoning Text Amendment Subdivision I Land Use Plan Amendment Platting Conditional Use Permit Metes and Bounds Street/Easement Vacation I Plan Review Wetlands Permit 1 PROJECT NAME Temporary Office & Warehouse for Merit Htg. & Clg. (HVAC) , Inc. PRESENT LAND USE PLAN DESIGNATION commercial / industrial IIREQUESTED LAND USE PLAN DESIGNATION same PRESENT ZONING industrial IREQUESTED ZONING same I USES PROPOSED Offices and warehousing for heating & air conditioning business. SIZE OF PROPERTY 7.47 acres IILOCATION 8301 Audubon Road REASONS FOR THIS REQUEST To gain permission from the city administration to Ipermit operation of a heating and air conditioning business on the existing premises until such time as subdivision becomes viable. 1 LEGAL DESCRIPTION (Attach legal if necessary) See attached. I II .. 1 City of Chanhassen Land Development Application ' Page 2 II FILING INSTRUCTIONS : I This application must be completed in full and be typewritten clearly printed and must be accompanied by all information and II 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 . II FILING CERTIFICATION: The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances . II AI, , 7 Signed By �+,,/�G �,,,., i Date , App cant.! _ May 23, 1988 1 II The undersigned hereby certifies that the applicant has been II authorized to make this application for the property herein described . ICJ Signed By Va---r--� --�, r i'tL �`�tr 1 �— Date May 23, 1988 II Fee Owner , ,/ Date Application Received O 3 -- II Application Fee Paid `� /�S�(� `' • I City Receipt No. c93C*/0 1 * This Application will be considered by the Planning Commission/ Board of Adjustments and Appeals at their II meeting . II II ■ I Planning Commission Meeting July 6, 1988 - Page 15 II1. Reservation of a 50 foot drainage, utility and street easement generally along the westerly side of Lot 2 with final alignment to be Idetermined by City Staff . 2. If Lot 1 is to continue access along the existing gravel driveway, an Iappropriate driveway access easement be executed with Lot 2. 3 . If Lot 2, Block 1 further subdivides , a street shall be constructed at the benefitting property owner ' s expense within this dedicated roadway Ieasement to service what would be all five lots . 4. A drainage and erosion control plan shall be submitted as part of the Ibuilding permit application process . 5. That staff analyze the roadway right-of-way requirements for Red Cedar IPoint Road to bring it up to standard at some future point. voted in favor and the motion carried. IIPUBLIC HEARING: i7CONDITIONAL USE PERMIT FOR THE RELOCATION OF THEIR OFFICE/WAREHOUSE AND CONTRACTOR' S YARD ACTIVITIES TO PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK AND LOCATED AT 8301 AUDUBON ROAD, APPROXIMATELY 1/4 MILE SOUTH OF PARK ROAD, MERIT HEATING AND COOLING, INC. IPublic Present : Name Address ISteve Berquist Applicant Tom Quammen Applicant I Bob Schoker Jim McMahon Agent for Merit Heating and Jim McMahon 8301 Audubon Road IJo Ann Olsen presented the staff report. Conrad : The plan that they submitted that you gave us tonight , a little I bit of a time table. Do you have any comments on the plan and the time table to guide us? If this 1988 , we' re talking about 3 years out . Can you give us the down side to approving the request as is without those improvements? IOlsen : It ' s just that we' ve always required those improvements to be made. There are reasons to have those improvements . As far as paving and I widening of the roadway for truck traffic and things like that . And the landscaping to screen the activities. It is also difficult to, they did not want to make that investment at that time but that could be the case I in 1991. We are requesting a feasibility study to see how sewer and water will be extended to the site and how much it will cost . There are some key factors. II Planning Commission Meeting July 6, 1988 - Page 16 Conrad : Can you enforce a bonding requirement for something like that that would guarantee? Olsen : A letter of credit in a development contract . Emmings: . . .these conditions all met or have done a plan. . . ' Conrad : And you know what a pain that is . Emmings: I don 't know. What is it? , Dacy: Not necessarily revocation of the permit but if they can ' t accomplish their future plans then they have to do the improvements to the II site. Emmings : That' s what I 'm saying . They' re given a choice. Dacy: But not revoke the permit. Batzli : What if they don' t do either one? , Dacy: If they don' t do either one, then that is grounds for revocation. Emmings : That' s what I 'm saying . Either do what you' re telling me to do ' or do what you said you were going to do or you lose your permit. Chairman Conrad called the public hearing to order . Steve Berquist: This is brand new to me. I 'm not quite sure what I 'm hearing but my basic bone of contention is the conditional use permit as a contractor ' s yard. I understand regardless we'd end up operating under a conditional use permit . If our business was deemed to fit into an IOP II district, would we not then fall under Section 4, Temporary Structures and uses? Dacy: That ' s been repealled from the ordinance. ' Steve Berquist: That' s been repealled from the ordinance. Did you know that? She' s saying that temporary structures and uses has been repealled from the ordinance. Well , what I 'm going to present, I had written out some things that I wanted to talk about . From the word go , when we first began to submit our application for land development, Jo Ann had said that they were going to look at us as a contractor ' s yard and I understand that. I understand where that conception would come from but I think in this case that interpretation of Merit Heating and Cooling opearting as a contractor 's yard may be flawed. Section 16-2 permits a variety of ' businesses to operate in the IOP district . Number 1 on the list is offices. We have offices. Number 2 on the list is warehouse. We have warehouse . Number 4 on the list is trade shops . Now I couldn ' t find a definition of a trade shop in anything but we do sheet metal work. We install furnances and air conditioning systems in residential and commercial establishments . We call ourselves subcontractors , yes but in 1 Planning Commission Meeting July 6, 1988 - Page 17 my opinion that ' s the extent of us falling into the definition of a contractor ' s yard. We use trucks to get to our job sites. The only ' equipment that we load is a furnance or air conditioner out of our warehouse in the truck. We don' t have heavy equipment. We don' t have trailers . We don ' t have any backhoes , loaders , trenchers or anything similar. Section 28-14 defines contractor ' s yards as vehicles , equipment or materials commonly used by building , excavation , road construction, landscaping and similar contractors. I contend that given these parameters of the conditional use permit as a contractor ' s yard is an ' inappropriate interpretation. I know my business. You are here, you ' re not familiar with exactly what I do so I feel it' s in my best interest to take some exception and try and explain where it is we' re coming from. ' I 'm asking the Commission it be in order a reexamination of the ordinance interpretation or approve our request for a conditional use permit for useage of the property as per our development allocation. ' Conrad: We can have legal counsel take a look at the ordinance. Is that the next step in this case or would that be a possible step Barbara? To see how the ordinance applies to this particular thing or are you so ' confident right now, or Jo Ann , that fits within the definition? Dacy: We maintain our recommendation that it is a conditional use permit. ' Yes , we could have the Attorney write a formal response and analysis . The fallback position is, if it 's not a contractor ' s yard then it is either some other type of use or as the applicant suggests , a permitted use. I know the applicant wants to get started and really doesn ' t want to see any ' delays in the review process . The Commission can go ahead and act on the application one way or the other . ' Erhart : Barb , let ' s say it' s light impact . What are the conditions? Ellson: Or a permitted use? Erhart : So what? Any permitted use. What are the requirements? Emmings: He' s going to have to make the same improvements . Conrad : The improvements that we' re talking about are going to be yours whether you' re a contractor ' s yard or whether we categorize you some other ' way. Do you understand that? Steve Berquist: I understand. ' Conrad : The only thing you 'd be getting out of is the conditional use permit and that' s it. You still have to meet the - ordinances that would apply to whatever you' re categorized as and almost all of what the city ' staff has recommended to us tonight would still be applicable to whatever you' ve , however you 'd categorize. Steve Berquist : So what you' re telling me is that even if I stamp widgits in a 6 , 000 square foot building and I wanted to move my facility to a barn and at some point in time then develop the land and build myself a building and sell off the rest of them, I would still have to pave all the Planning Commission Meeting July 6, 1988 - Page 18 things? Put the curb and gutter in? Prior to even moving in there? Conrad: Right. ' Steve Berquist : So in other words, it' s not economically feasible for me to buy the property and develop it now. It' s not economically feasible for the seller to sell the property as a horse farm when it' s located in the IOP district so he has no out and I have no in. Is that what your position is? Conrad : We haven' t said that. Erhart: It might be feasible for someone else to buy it. ' Conrad : There are other people. As you ' ve noticed , the Industrial Park is growing and we have people who want to move into Chanhassen so we haven ' t excluded . We have these standards that say when you want to move into the industrial area, these are the standards that you have to live by. We do that on our residential area . We do that in all our different zones. The zoning that you' re moving into has these requirements. You' re II asking us to slip those requirements tonight for the first time and we have to decide for ourselves, is that smart? Is that a smart decision for Chanhassen to slip those requirements yet we' ve forced everybody else who ' s moved into our IOP area. We force them to do these things. Now we have to decide whether it' s good business for the City to slip it in your case and justify and rationalize it. We understand your economic I position. We understand that but then that' s sort of a price that happens when you' re moving into something that' s bigger and for future development. Development is not the easiest thing , the easiest game in town. We do understand that but then again, we have to justify it too because force these standards, we impose them on other people. Steve Berquist: One more question before I sit down and let some other people talk. Section 4 , the temporary structures and uses section of the ordinance, when was it struck and what was the reason? Olsen : It was when the new Code was approved. The reason for that is that a temporary structure, there was no way to really keep it temporary. It could become a permanent use . Steve Berquist: As outlined through the 12 month permit. Olsen: Our Attorney recommended that this was not proper to have the ordinance and that it should be removed. Dacy: In essence , what the Attorney said was that the ordinance was permitting a temporary conditional use permit and that conflicts with II State Statute . Once you issue a conditional use permit that runs with the title of the land. What our Attorney came back and said is that if we keep that section in our codes and ordinances , we were opening , even with that 12 month stipulation in there, he said he didn' t feel confident that we could defend any action against us and that was initiated and repealled in early ' 88 . IL ' Planning Commission Meeting July 6, 1988 - Page 19 Steve Berquist : Well , I ' ll sit down and keep my mouth shut for a while . ' Conrad: Any other comments? Anything that anybody else would like to say in the public hearing? ' Bob Schoker : I happen to be the agent representing both buyer and seller . Did I just understand that there are no conditional use permits being permitted or given in the City of Chanhassen? No conditional use permits? ' Ellson: Temporary. Batzli : It was the temporary conditional use permit was repealled just ' several months ago so your ordinances may not be that much out of date. Bob Schoker : One other question . Staff , they viewed the property and ' this included the Fire Marshall , Building Inspector and City Engineer . My understanding of the report that they indicated that all of the buildings, the barn as a warehouse, the home as an office, were all structurally sound and would be appropriate for the uses established with the addition that they brought. . . The question in my mind is , why the positive report, the application couldn' t move forward? ' Conrad: If you want to do the things that the zone requires it can move ahead . They gave positive reports . We read the positive reports . If you want to do the things that every other builder in the IOP district has ' done and meet those standards , it' s just going to fly through but we' ve got a list here of the things that you'd rather not do that our ordinance requires . I think you' re not selling us on why we should slip all those different ordinance features that we felt was important to build a good ' Industrial Office Park and it is good . The fact that you ' re in town, we like having you in town. There' s a lot of good things about the businesses that are here but we still have this protection for that IOP ' that we' re trying to make sure that it meets all these standards . Whether it be for sewer , water , landscaping . We're trying to keep that area at a certain high level so we can attract more people. That' s what we' re trying to do but at this point in time in the conversation, we haven ' t ' heard a whole lot, at least I haven ' t, about why we should do it . Steve Berquist : In looking at it from a developer ' s point of view and I 'm ' not a developer , but looking at it from our point of view, if you just drive down through the office park, and it is a good office park, but if you drive down through it, Roam Properties , the building that we' re in, ' has space available . I see the building two doors down has space available. The gentleman that built the building right across from the City Garage has half a building available. The firm that built the building that Century Technologies just went into a few months ago has ' three-quarters of a building empty. That' s a whole lot of square footage you could buy. It' s not practical for us at this time. Opus owns two sides of land adjacent to us and they haven' t put a blade to it . They've ' still got land available there so for us to come in and put in sewer and water that is roughly, I forget what the report says , like 600 and some odd feet away from our site, for us to go in and put in somewhere in the neighborhood of $12, 000. 00 to $15, 000. 00 worth of blacktop in Class V only ' Planning Commission Meeting July 6, 1988 - Page 20 to have it torn up when that area does become viable for development , it' s p , not good business. We'd love to. If our pockets were a little deeper and we were a little bit more the risk taker , heck yes . Let' s try it. It' s a I nice site but it'd be a foolish move regardless of how deep our pockets were. That' s why we' re asking to operate out of the farm on a temporary basis and then as Chanhassen continues to grow and develop and the office I park continues to build and things get much , much more entrenched , then it will make sense and at that time I assure you that development will take place and we will bring everything up to snuff . It ' s not like we' re II saying we will never do it. We' re just saying we' ll do it when we can and it makes sense to do it. Tom Quammen : I 'm Steve' s partner and I guess I 'm pretty ignorant as far as all the ordinances go but how I was looking at this proposal with Jim and us trying to buy this was that Steve and I are renting a space from a guy and I 'm looking at it like when I used to rent an apartment. Then I got real rich and bought a house . This is just our first step as far as trying to buy a house, so to speak. All we want to do is run a little heating business out of this house and barn for a short time and who knows what the future ' s going to do. Like Steve says , there's so many vacant buildings around, why build more? I really didn' t think it was going to be quite this complicated. I understand your folks position completely but we' re just some little peons wanting to get a small little hunk of Chanhassen dirt and that' s really what it amounts to . Jim McMahon: I 'm the landowner but I guess the one thing we all have to remember here is that, as I listen to what they've said and listened to what you' ve said , they' re just asking to postpone doing all the extension and so on until it makes sense from a dollar and cents standpoint. I can' t see where it' s going to be a detriment to the City or that it doesn' t make business sense or it doesn' t make sense from development. Conrad : Where do we draw the line in similar situations like this? Jim McMahon: When the City' s full . Conrad : Let me relate it to a neighborhood . Let' s say it was a ' residential area and this may be a bad analogy so bear with me, but if you live in one parcel and it has certain standards and somebody moves in next door to you and the City applies totally different standards, you have just totally different standards that the City for some reason gave, how do you justify that? Under what course? How far do you go? We have not slipped our standards in the IOP area yet and you' re the first one . You have the opportunity of being the first ones to ask us to do that so it' s a litle bit more difficult. We don' t have necessarily the reasons yet , although we certainly understand what you ' re trying to do. It' s not that we' re not empathetic with that , it' s just that what do we tell the other people? The next one that comes in and says , we have 100 employees and we really don ' t want to connect up to City water and sewer . Do we tell them, well , that' s okay? How do we make that decision? , Steve Berquist : First of all , this is the only structure in the IOP district that is not, there' s no other structure of this nature. The ' Planning Commission Meeting July 6, 1988 - Page 21 situation will not happen unless someone puts a barn up and then comes to you and says can we occupy it. The other thing that I find interesting is. . . Conrad : Let me ask you why we should justify the septic problems where we now start taxing maybe a septic system that's not intended to really take care of a whole lot of people? Steve Berquist : Let me address that septic system. First of all , the ' sewer and water is 650 feet from the property so it' s a ways. The cost of that is prohibited . As far as the existing services that serve the building, Jim has 5 people that live there full time. Himself, his wife ' and three children, one of which is a teenager , and 5 people living , washing, bathing, do all the things that people do with water, will generate a significant amount more water than we will . The staff report ' refers to a total of 18 employees . It ' s a bit misleading because in truth what our operation consists of, for 8 hours a day is 2 secretaries plus 3 additional office people. We've got 5 people that come there at 8 : 00 in the morning . They' ll drink coffee during the day so they use the facilities now and again. They' ll wash their hands. You've got 3 sales people who are there a maximum of 2 to 3 hours a day and installers and service people that are there first thing in the morning and then last ' thing at night and that is it . There ' s no washing . There' s no bathing . There' s no dishes. There is no useage even approaching that of a family. The report from Sullivan Services says that the sewer system is working and operational to the best of their knowledge. I was out there when they ' pumped it. It' s a two tank system with a drainfield and I can ' t guarantee that it is in perfect condition. I can ' t guarantee that it will continue to work forever but if it doesn ' t or if you folks want us to put in a ' holding tank to be pumped every 6 months, we' re amenable to that. I don' t have any problem with that . As far as the well goes , the report refers to an aging well system, again, where we' ve got a family of 5 using the ' facilty, using a 4 inch submersible well , a family of 5 plus Jim watering 30 to 40 horses. Those suckers get thirsty. So again, our needs are going to be as I stated before . We' ll be making coffee, washing hands. That' s really it. Be using the water faucet. Our useage of water is ' going to be fractional compared to what a family uses . Conrad: Anything else? ' Steve Berquist : One other thing I wanted to mention is that , as a matter of course, staff sent out letters to everybody that owned property within ' however many feet and I don' t think that any of them are here. I would take that to mean there are no exceptions to be taken by the adjacent landowners . ' Conrad : In that report that went out, what was on the notice? Olsen: Just the use of the property. 1 Batzli : Not the fact that it' s non-conforming . Planning Commission Meeting July 6, 1988 - Page 22 Erhart moved , Batzli seconded to close the ublic hearing . All voted in p 9 favor and the motion carried. The public hearing was closed. Headla : . . . I can ' t but help think that when they came in, they bent over backwards to put in something right away. They hit it hard to come in. They made a real commitment . When DataSery came in, we forced them, II you've got to live by the ordinances. We didn' t break down at all . We've been doing that with people. Now housing contractor ' s , whatever , we've been treating them the same. We'v been consistent. Now a gentleman comes in and he' s got some pretty good arguments but I don ' t see a financial commitment on his part. It' s all bet on the come. It' s up to us. I 'm going to put in that sewer and water and I 'm going to show I 've got real plans and I could live with some of the other stuff but to see bare bones on his part, he' s taking away but he' s not putting anything back. Not making a commitment. Based on that, I ' ll vote for denial . Wildermuth : I think the ordinances that have been established are appropriate. I sympathize with the situation. It is unique. It is a single structure of it' s type in an IOP district on the one hand . I think the ordinances have to stand. Batzli : I agree pretty much with what ' s been said. I sort of feel like we' re being asked to subsidize their investment into a future land I development plan without letting us know what they' re going to do and that and us subsidizing it, I guess I would vote to deny it at this point. Ellson: Before the plan came in for the 1991 improvement, the staff , report said that you had no future plans because they depended on Opus and the future subdivision of the property. So from the time that they wrote this report to the time that you had that written up, it seems like you made some future plans . I 'm not sure how well thought out they were. If this was something that you did just to help it get through but I agree with your first thoughts that you were probably not planning for the I future because you wanted to know what Opus was going to do and you wanted to know other things so you really hadn' t planned the two buildings but it seemed like the two buildings came up just because you heard staff was going to deny it. I don' t like the idea of temporary at all . It may be what you said initially that it isn' t economically feasible for you right now to take advantage of this opportunity. I 'm not sure if you can arrange something with the property owner or what have you. It doesn ' t seem like I you' re agreeing tb any of the conditions . Like Dave said , maybe if you do half or whatever and you had the agreement that after 3 years it was not done, something I might go with that if I saw an approach from your side that you' re willing to do that but like the other commissioners said, we' ve certainly stuck to our guns and made people change their signs that they' ve had across the world and everything like that because we have these ordinances and it would be awful tough on the next one that comes in I if we let this go. To try and do something like that to them. I would probably deny it unless I saw that you'd be willing to do at least some of them. ' Emmings : Basically I go along with the comments that have been made so far . I don' t believe in anything being called temporary. I don ' t believe I Planning Commission Meeting July 6 , 1988 - Page 23 it. There ' s no such thing as temporary. It sounds like it ' s a buyer ' s Y y market out there. It sounds like there's a lot of space available in the ' IOP and maybe that' s the most appropriate thing for them to do. I don' t know but if there' s all that empty space out there, you ought to be able to get something at a good price. The only thing I 'm not clear on is , I 'm ' not sure I know what they' re asking for to know if we should move to deny this or if we should move to recommend to approve it with the conditions which are essentially the same thing. I 've got to know what, I guess we have to know that before we know which one to do . ' Dacy: The staff report says all three. Emmings : It says one of our options is to deny the application because it doesn' t meet the requirements of the Zoning Ordinance and one is to recommend approval with all those conditions and those conditions would bring it in line with it. 1 and 3 are really identical. How should we handle that? Dacy: It depends on how the applicant wants to pursue the application. ' They could ask the Commission to go ahead and act on the application maintaining the position that they don' t feel that the paving is appropriate is now and have the Commission act on it. They might get the ' same response at Council . They might not . Emmings: I guess it' s the same thing in effect. ' Conrad : You either say it positively or negatively. Erhart: I pretty much agree with everybody elses comments. I understand ' the strategy of the developer and why it may seem the obvious thing to do from an individual ' s standpoint. It is the worse thing that we could do is plan to even consider such a request . It just goes totally against the ' planning process that we have created here at the City of Chanhassen. I think we' ve done a pretty good job but regarding the issue of whether just simply deny it or approve it with conditions , my personal feeling is it would be totally unfair for the rest of the owners of buildings and businesses in the park to approve what is now a single family house for use as an industrial . That ' s not to say that I couldn ' t move my business from the Hiteman Building over and put it in his barn. I think if I came ' in with that request , you'd all be appalled . This is really no different . You've got a few more employees but the situation is the same. Again, I have a similar comment that we' re asked to subsidize someone' s ' investment. I think that' s simply what it is . I think just a simple denial is appropriate . Conrad : Are there any standards that we could justify slipping as ' somebody would move in to that area? So to speak, it is on the other side of the track. Is there any rationale that you can come up with for me that would say it' s separated a little bit? Jim McMahon : How many facilities like this are in that park? May I ask that question? I Planning Commission Meeting July 6, 1988 - Page 24 Conrad : How many facilities? Jim McMahon: How many houses and barns are located within the industrial 1 park? Conrad : Right , we have one. 1 Emmings : I guess the flip side to that is , how many people want to run their business out of a house and barn? It's not, you're trying to jam a use into a set of buildings. I think there' s a real big conflict right there. It doesn' t make sense. You wouldn't put your barn in a warehouse. You don' t put a business in a barn. Jim McMahon: They' re asking for a temporary use of that. Emmings : We don ' t know what that means . Ellson: The situation of someone saying we don' t want to do the berming right now. We don' t want to do the curbing right now. That sort of thing can come up in any of the IOP' s . I Conrad : It' s just really tough to rationalize . You can rationalize some of these things . Temporary and whatever but not all of them. Not all of them. Just because there' s a house and barn there, there are these other requirements and you can' t, these other requirements are there regardless of whether there ' s a house or barn there. Are there any of these restrictions that you feel comfortable with, that could be slipped for 3 years? Wildermuth: I think the curbing . I think a hard surface roadway is ' there. Steve Berquist : It was our intention from the beginning , especially after II talking with Jo Ann about what would be required and they wanted some additional parking and what not , so they had an engineer . You talk about making a commitment, we' re making a substantial commitment not only in terms of the money because we ' re going to end up spending a lot of money to be able to operate out of there. It' s like putting a size 12 foot in a size 9 shoe but it is temporary. Emmings: In 25 years? How long? What does temporary mean? ' Steve Berquist : Did you say 25 years? Emmings: Yes. Who knows what it means? Steve Berquist : I ' ve tried to use 1991 as some kind of a ground . Can you tell me how long it' s going to be before the City of Chanhassen will be able to support additional structures beyond the tracks? Emmings: I don' t have to. I 'm not asking for your approval . ' 11 m• II Planning Commission Meeting July 6, 1988 - Page 25 Steve Berquist : You' re asking for me to be a soothsayer and I can' t be. What we' re looking to do, we ' re buying this for an investment of course ' and we' re trying to operate out of there with the least amount of disturbance to the existing property as we possibly can. We' re willing to grade. We' re willing to bring in Class V and make the parking lot ' useable. We' re certainly willing to landscape and hide, for instance we've got to roll off sheet metal into the old furnances and stuff . We' re certainly willing to screen all of that stuff. It 's not a major investment , I grant you, but nevertheless it is an investment. It seems to me that major investments aren' t warranted in that if things go like we think they' re going to go and in 1991 we do put the whole thing under the blade and subdivide and put up two buildings, that investment will be ' right down the tube. It doesn ' t make sense . If you were in my position I think you'd feel the same way that I do. What I 'm saying is, I will certainly do, if you want us to put a holding tank in to supplement the ' sewer system. We' ll pave it with Class V. I think blacktop is a bit of a strong request . As far as the feasibility study conducted by a registered engineer to provide sanitary sewer and water , we all know that the cost of running sanitary sewer and water from it' s present location is going to be ' prohibited and the location of those facilities are written in that report. Ms. Olsen herself, if I remember the report properly eludes to an expensive proposition. We' ll comply with the conditions of the Building ' and Fire Inspector. We' re going to end up bringing it up to the fire code. We' re going to end up increasing the electrical service . We' re going to end up spending money to bring in additional phone service . We' re going to spend money to upgrade the heating and air conditioning ' plan. We' ll put in an air conditioning plan. We' re going to spend money to sheetrock and take down walls and put in carpet . We' re going to spend money, you get my drift. ' Conrad : We know and we also know that development is an expensive proposition. That' s why I 'm not in it. It' s a tough deal and this ' Commission sees people trying to develop stuff all the time that maybe they shouldn' t be doing. Steve Berquist : One last thing , please bear with me. My initial ' submittal to the City I referred to it' s going to depend on what Opus does. Like I said , Opus borders the property on two sides . This was a tentative plat of lots and as you can see, there' s a road that runs ' directly from Audubon to a cul-de-sac and right here is Opus land . Yes , it depends on what Opus does to a degree. We could make that a clean cul-de-sac but if we' re able to strike a deal with Opus and extend this road back further into the park, that may benefit all of us . The City and both developers so it' s not like we ' re attempting to get away with anything or hide anything. The problem is , as I 'm sure you all understand , is that on the other side of the tracks it tends to get nebulous . Conrad : Going down these things that we think we might be able to slip. Landscaping. Any feeling we could slip our standards there? Building and Fire Inspector we wouldn ' t slip on there. Sanitary sewer and water . Would we consider that? I Planning Commission Meeting July 6, 1988 - Page 26 Batzli : I don ' t know that we ' re even requiring any of these conditions . I thought we were merely asking for a feasibility study as to an alternative. That didn' t sound to me like we were really requiring these conditions . Olsen: We would want to do a feasibility study. . . Conrad: But that' s getting water and sewer there. That' s the way I read that. Batzli : The best alternative to provide so you' re just trying for the best way to provide sanitary sewer. You don' t mean that there' s an alternative. I read that as basically saying he could have a holding tank II and drill a new well . Brown: Part of our concern was obviously, and I think the applicant II eluded to this, it may be prohibitive costwise to extend these services to a site and therefore we need some sort of guarantee that the existing system will support . . . Conrad : So your comment is not to run sewer and water there? Brown: It also incorporates that. We need concrete evidence, even II though I ' ll look at that and State Aid is too far away, we need to explore the alternative because again, this is within the MUSA area and it ' s use suggests that it should be serviced by sewer and water . If the feasibility study comes back and says that (a) the costs are prohibitive then we, on the other side of the coin , need documentation stating that the existing services will supply the demand. Dacy: Just carrying that one step further , if the study comes back and says that there is no feasible solution to provide sewer and water to the service, then the City may want to look at deleting that parcel from the urban service area but up until this point it has been included in that . Again, the feasibility study can identify a feasible way to make the connection. Some time in the future that property has to be hooked up if it's going to be in the urban service area and the study can tell us how much, who' s going to benefit and how can it be .paid for . Through assessments or . . . Batzli : Why would anybody want an IOP area without municipal water and ' sewer? Dacy: Exactly. If we take it out of the urban service area , then it ' would have to revert back to ag. Emmings : I note that on the Fire Inspector ' s letter , he made it a condition that there be a total sprinkler system in the barn for both levels and also the house and I guess my question , maybe the engineer could answer it, if there' s a fire in the barn, can you pump water fast enough out of that well to service sprinklers? Planning Commission Meeting July 6, 1988 - Page 27 Brown: Yes . That' s been a common question as of late . It does involve the addition of pressure tanks onto the site but that ' s being done more ' often than not in the rural areas that are requiring sprinkling systems. Emmings: So it could be done with the well that' s there? ' Brown: Correct . Olsen : But there will have to be. . . Brown : Not knowing, I want to clarify your statement. Not knowing the P certainly possible. existing well, but that sort of plan is certainl g Jim McMahon: On the question of whether or not the water and sewer is feasible to that property. There are two ways that it can be brought into ' the site . I 'm aware of this because . . .who were interested in that property and they did a study. . . in conjunction with Opus . . . Conrad : Any of these other requirements that anyone would feel comfortable slipping or delaying? The driveway? Batzli : I think there' s a big redundancy between (a) and (f) . I 'd be ' willing to get rid of one of them. Conrad : If there ' s a feasibility done that said it' s not feasible to bring sewer and water to this site, then we would probably kick it out of the urban service area right? The financial . . . Erhart: I 'm having a hard time following this. Most landowners would ' just jump up and down to get their land put within the MUSA line and have it zoned IOP. With the growth out here, it ' s simply a matter of time and that land , I know that piece of property because I drive by it often , it' s ' just a matter of time somebody with the money to do it right is going to want to buy that piece of property to build their own corporate building on and I just can' t imagine why we would screw around with this temporary stuff given all those facts . I just can ' t imagine . ' Conrad: I 'm just trying to keep this, I 'm looking for a way that, is there a way to justify it? I 'm probing here and there and I 'm trying to ' extract that. We owe that to the applicant to see if there' s a way and that' s what I 'm trying to do here . If there ' s not a way, I think then we stick to our guns . Without lecturing, I think one of the things Planning Commission can do is to add some reason to ordinances . Sometimes they ' don' t have to be enforced to the letter of the law and sometimes that' s why you have a public group involved . Yet on the other hand , I think we ' ve all been around here enough to know that our ordinances are pretty good and we've updated them and we' re pretty comfortable with what those ordinances are doing for us . Anyway, my only comments . I really don' t know how to justify slipping some of the requirements. I don' t know how ' to do it in one case and not in the other and when somebody doesn ' t give me those rules that can say in this case you allow it, in that case you don ' t, then I have a real problem of allowing the variance or slipping the standard. I think if I had seen a very definite plan, a 3 year plan that Planning Commission Meeting July 6, 1988 - Page 28 said I 'm going to do this in 1988 and this in 1989 and this in 1990 , more than a piece of paper that came in in the 11th hour , whatever, I think I might be more receptive to saying hey, it' s going to happen but because of II that, I guess I 'm not in favor of this particular application as it stands right now. I believe that the ordinances and the requirements are pretty important to maintain and I can' t find a way to justify a temporary way around enforcing those at the current time. Is there a motion? Erhart: I ' ll move to deny the application on the basis that it does not meet the requirements of the Zoning Ordinance. ' Emmings: Second . Batzli : You don ' t think that you want to approve it with the conditions at all because they' re going to go by and they' re not going to build the nice building? Erhart : I think I ' ve stated a couple times . I just think it' s inappropriate to even consider it. We make other companies, if I was the owner of that land and I heard some discussions up here about rezoning this thing to A-2 and taking it out of the MUSA, I guess I 'd rip up my purchase agreement and stop this conversation righ tnow. This is going all in the wrong direction. ' Conrad : And you don' t like this because , you want to totally deny it, why Tim? Erhart : I think they should come in and meet the ordinance. Conrad: If we approve it and they meet the ordinance, what' s the difference? Erhart : I 'd like to see a plan . There' s no plan. Wildermuth: I guess that ' s why I 'd be in favor of tabling of it and allowing the applicant to come in with a plan with some assurance that there would be a time table. Something beyond just saying that it depends I on how Chanhassen grows . I think we' ve got to have something more concrete than that. I think we have to have some assurance that the structures that would be temporarily used would be maintained in good order . Would provide a relatively attractive alternative to razing and the ability to construct a new building. I 'm be in favor of tabling it at this point. Conrad : I wouldn' t want to table it . I think the applicant should take it to City Council . I think he should hear what they' re saying . We react to a whole different, they react to other things than what we do. We really do get into the planning and some ivory tower stuff. They incorporate some other things in their decision making and I think in this case, they should take it to the City Council and find out what the Council has to say. It' s going to give them a better feel for pursuit rather than us sending it back. I think it' s really smart for them to go up and talk to Council . ' Planning Commission Meeting July 6, 1988 - Page 29 Emmings : I was thinking that the right thing to do was to recommend approval with the conditions because that would give them the opportunity to comply and do it and I found that the owner didn' t like that. I changed my mind on that. One of the major things that made me change my ' mind was the fact remembering that our Attorney told us that we don' t want to create temporary conditional uses. I thought, and again I was more willing when I came in here tonight to look at some of these and try and find some that we could maybe put to the side if they do others. I thought ' that we, for example, my initial reaction was we' ll put the sewer and water in, get that done and go easy on the rest of this as long as there is some assurance that they do it or we have sanctions if they don' t. I ' don' t feel that way anymore. I just think that creating a temporary use and applying different standards to this property on things that we can apply to the rest of the IOP makes no sense at all . Erhart moved, Emmings seconded that the e Planning Commission recommend to deny the request for a conditional use permit for a contractor ' s yard in the IOP, Industrial Office Park District for Merit Hearing and Cooling , Inc. on the basis that it does not meet the requirements of the Zoning Ordinance. All voted in favor of the motion except Wildermuth who opposed and the motion carried. Wildermuth : I would like to see the issue tabled and I 'd give the applicant another opportunity to put together a different plan. ' SITE PLAN APPROVAL FOR A 40, 000 SQUARE FOOT SHOPPING CENTER ON 4. 86 ACRES OF PROPERTY ZONED BN, NEIGHBORHOOD BUSINESS DISTRICT AND LOCATED ON THE NORTH SIDE OF LAKE DRIVE EAST, JUST EAST OF Q-SUPERETTE, HIDDEN VALLEY ' CENTER. Jo Ann Olsen and Barbara Dacy presented the staff report. Conrad: Right now Barbara, if they gave us their presentation, more than likely we' re going to table the item. I 'm just speaking for myself but ' would we be inviting them back for another presentation therefore? Dacy: Yes . ' Conrad : So we would see it , if we decided to table and we' ll certainly give the applicant a chance to speak for themselves but from our standpoint, is it worthwhile looking at their application now and their ' presentation or should we, from a planning standpoint, wait based on what you might find out in the study? 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