4. Variances to the front, side and rear setbacks for a daycare facility on Lake Drive East I - ,
C I T Y O F BOA DATE: Feb. 27, 1989
II \ � a, C.C. DATE:
CUAflACS
EN
CASE NO: 89-1 Variance
Prepared by: Hanson/v 1
I i
STAFF REPORT
1 PROPOSAL: Variances to Front Setback, Rear Setback, and
Side Setback
IF-
z
I a
V LOCATION: Lot 2, Block 1, Hidden Valley 2nd Addition
ID-
Q APPLICANT: G. P. BAJR, Inc.
I 100 International Center
900 Second Avenue So.
Minneapolis, MN 55402
1
IIPRESENT- ZONING: BN, Neighborhood Business District
ACREAGE: . 5833 acres
1 DENSITY: _ ^ ,A-
ADJACENT ZONING 1-:.3 :;-,-...
I AND LAND USE: N- BN; vacant D_.J✓_2 c
-2.3
S- PUD-R; single family
I '-- E- PUD-R; single family az::•, ;-.w_ _ 1 csi,...,
II 0 W— BN; commercial
W WATER AND SEWER: Municipal services are available •
PHYSICAL CHARAC. : Generally a level site
I2000 LAND USE PLAN: Commercial
c al
II
II - ,, _
1
BAJR, Inc.
February 27, 1989
Page 2
SUMMARY OF REQUESTED VARIANCES
C-2 BN 1
Description District Site Plan District Proposed
Front Setback 25 ' 25 ' 35 ' 10 ' parking 1
35 ' building
Rear Setback 10 ' 30 ' 10 ' 1
Side Setback 5 ' 15 ' 5 '
Maximum Lot 25% 17% N/A 25. 03% 1
Coverage
BACKGROUND
This property received site plan approval on June 2 , 1986 , from I
City Council. At thaAt time the property wOas subdivided into
two lots . The zoning at the time was C-2 . The standards for
that district are noted above. The zoning code was amended on
December 15, 1986 by City Council. That amendment changed the
C-2 District to BN with the standards noted above. The amendment
of the zoning code was the result of approximately three years of
study and public hearings.
With the change to the zoning code, the applicants are subject to
the existing regulations. The site plan does not supercede the
present zoning as the applicants have not constructed improve-
ments on Lot 2 pursuant to the site prior to the zoning change.
The changes to this district are significant relative to the
required setbacks . The front setback was increased by 10 feet,
the rear by 30 feet and the side by 15 feet. Applying these set-
backs to the property results in a buildable area of approxi-
mately
8 ,100 square feet. The code allows for parking to be
located in side yard setbacks so if this is added the buildable
area increases to 9 , 600 square feet. Based on the ratio of
parking area to building area of the proposed daycare center this
would allow a building of 4 , 000 square feet. However, due to the
triangular shape of the parcel not all of the buildable area is
usable. This ratio is figured on the proposed 5, 760 square foot
daycare plus 8 , 000 square feet of parking which results in 13, 760
square feet of total impervious cover. This total figure divided
by the daycare equals a ratio of 2 . 4 square feet of impervious
cover per square foot of building.
The approved site plan called for a single access to serve both
lots . The applicants have a plan using this concept, however, the
building is then pushed into the front setback so that only a 10
1
1
BAJR, Inc .
February 27, 1989
Page 3
foot setback is left. From r
a traffic standpoint, a single access
would be preferrable. To the east end of the subject parcel a
' future access is planned to serve the property north of the sub-
ject parcel . This future access is 120 feet east of the access
drive proposed to serve the daycare center. If the proposed plan
is found acceptable, the ideal access would be to share the
future access to the east and eliminate the direct access to Lake
Drive East from the daycare site.
' The proposerd plan calls for the majority of the front yard to be
fenced for the daycare playground. The fence is to be located
just inside the property line.
' The Board of Adjustments and Appeals shall not recommend and the
Council shall not grant, a variance unless they find the
' following facts :
A. That the literal enforcement of the Ordinance would cause
undue hardship and practical difficulty.
* The enforcement of the present setback requirements would
significantly limit buildable area. Strict adherence to
' the requirements would not be in keeping with the developed
portion of Lot 1 to the west.
1 B. That the hardship is caused by special conditions and cir-
cumstances which are peculiar to the land and structure
involved and which are not characteristic of or applicable to
other lands of structures in the same district.
' The hardship is the result of the shape of the parcel and
the changes to the zoning code. Had the zoning not
' changed, the applicant could have built a structure of
4 , 000 square feet without variances pursuant to the
approved site plan.
' C. That the granting of the variance is necessary for the preser-
vation and enjoyment of substantial property rights.
' * The granting of the requested variance would allow a struc-
ture 44% larger than was anticipated when the site plan was
approved. Granting of variances to allow setbacks con-
sistent with the approved site plan would permit preser-
vation and enjoyment of substantial property rights.
D. That the special conditions and circumstances are not a con-
sequence of a self-created hardship.
* The changes to the zoning code would require variances to
construct what was approved on the site plan, however, if
the zoning code had not been amended, the proposed plan
BAJR, Inc,
February 27 , 1989
Page 4
would still require variances to the front yard setback for
the parking. The need for this variance is due to the
increased size of the proposed structure from 4 , 000 square
feet on the approved site plan to the proposed 5 , 760 square
foot daycare structure. This increased square footage is a
self-imposed hardship.
E. That the variance will not be injurious to or adversely affect
the health, safety or welfare of the residents of the City of
the neighborhood wherein the property is situated and will be
in keeping with the spirit and intent of the Ordinance.
* The variance should not be injurious or adversely affect
the neighborhood. However, the fencing of the front yard
does not seem to be in keeping with the area and reduces
the visibility at the access drives. The applicants have
provided additional landscaping then the code requires.
The landscape does eliminate two parking spaces shown on
the site plan.
RECOMMENDATION '
Staff recommends the Board adopt the following motion:
"The Board of Adjustments and Appeals has reviewed the proposed
variance for Variance Request #89-2 and denies the requested
variances to the side, front and rear setbacks of the City Code I
Based on the following findings :
1 . The present setback requirements severely limit the develop-
ment of this parcel, however, variances to allow uses
exceeding what was anticipated on the approved site plan are
inappropriate.
2 . The variances are not necessary for the preservation and
enjoyment of substantial property rights.
3 . The circumstances are a self-imposed hardship due to the size
of the building being proposed for the site. "
ATTACHMENTS '
1 . Copy of application.
2 . Copy of plat. '
3 . Copy of approved site plan.
4 . Copy of General conditions for granting a variance.
5 . Copy of letter from Patrick Hallisey dated February 16 , 1989 .
Copy of proposed site plan.
7 . Copy of proposed landscaping.
8 . Copy of C--) zoning.
9 . Copy of BN zoning.
IL
I
II LAND DEVELOPMENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
I Chanhassen, MN 55317
(612) 937-1900
IIAPPLICANT: G. P. BAJR INC. OWNER: G. P. BAJR INC.
ADDRESS 1100 International Center ADDRESS 1100 International Cente-r
900 Second Avenue South 900 Second Avenue South
I Minneapolis, Minnesota 55402 Minneapolis, Minnesota 55402
Zip Code Zip Code
TELEPHONE (Daytime) 720-6723 TELEPHONE 432-9631
_REQUEST:
Zoning District Change Planned Unit Development
Zoning Appeal Sketch Plan
Preliminary Plan
IX Zoning Variance (set back variance) Final Plan
Zoning Text Amendment Subdivision
ILand Use Plan Amendment Platting
Metes and Bounds
Conditional Use Permit
IISite Plan Review _ Street/Easement Vacation
Wetlands Permit
IPROJECT NAME New Horizon Daycare
PRESENT LAND USE PLAN DESIGNATION Commercial
IIREQUESTED LAND USE PLAN DESIGNATION No Change
IPRESENT ZONING B-N
REQUESTED ZONING B-N
IUSES PROPOSED Daycare Facility
SIZE OF PROPERTY .5833 acres (25,408 square feet)
ILOCATION Lake Drive East - East of Hwy. #101
II REASONS FOR THIS REQUEST The moving of Hwy 101 has adversely affected the
nature and value of the property plus the City changed the zoning and set backs
since the property was platted. The new set backs render the property un--buildable.
II
LEGAL DESCRIPTION (Attach legal if necessary)
ILot 2, Block 1 - Hidden Valley 2nd Addition
II
II
1
City of Chanhassen
Land Development Application
Page 2
FILING INSTRUCTIONS :
This application must be completed in full and be typewritten or
clearly printed and must be accompanied by all information and _
plans required by applicable City Ordinance provisions . Before
filing this application , you should confer with the City Planner
to determine the specific ordinance and procedural requirements
applicable to your application .
FILING CERTIFICATION:
The undersigned representative of the applicant hereby certifies
that he is familiar with the procedural requirements of all
applicable City Ordinances .
/ /
i
Signed By 1 Date
'/2//://W
Applicant _
• 1
The undersigned hereby certifies that the applicant has be
authorized to make this application for the property hereinn
described .
Signed By ; �,,r/i��.r � , _
A Fee Owner /
•
Date Application Received
Application Fee Paid 1
City Receipt No.
* This Application will be considered by the Planning Commission/
Board of Adjustments and Appeals at their February 27, 1989
meeting.
1
. '•1 ?•
PLAT FILE NO.
*0120 00 '
C.R. DOC. NO.
1G•lt Mk I EI I HIDDEN , VALLEY . ,
T.,,IIASol roll lrmt'Wilke 1T1Tt.
Ii TN(moAT“likt Of LOT I.'LOCK S.
...00(wl,ylLtr tr.ocs a/31,040 TO
SEAR loal.11 01.1.1 2ND ADD1T' ION . >_
i 1 _ • Dr.:Ms ott twc..a 14 MCM MON
PIPE 61•44(0 ST L.CINSIL MO 1721,
II
I
I IN
PREL1MINARY.! ::..)
C.1
— >
I .:E
I
I I :\,•'''''
..... •
0 ,.......
-'•'NerJtOr'W 577 4.8•••,.. .... .......j ...if .
-...
1 r 17L JV.. 11 -
--- I
1 0.5833 Acres
7* .::a.15 .1 • .
—.. .. ....
..._ i..4" 1.3491 Acres L 0 T .---...
1! ...- ,
t
• 14 ,u., 2
„,61... ...
t' lk H ..! r It: rr-- N -
,r. * V ,ck L. L. E. Y --...--
su--. A- . •
›— lt I t• ../ •• ?.,N . • • I.• .. . - • ,.. ••••••• .i.:■••,..:•...••••...,•••••••.•••••••••••
13 ' --- •Alia° res'-
...----.. .r1° ....
.t• F.-31.0 CF. r
a: t• i*k es,- .•••• _ . ... •
(..r) 15 ...11 .....•
.—.
X . .......- 0 • • . .
1% .../ •
--;-.0 a'‘ Dcr .
•
N ,_.' --,—;* •I eio T. / ••
.• ...., I-vs- I*3
.."- --../euroo'oo'w 10,57.... ....-• -t5.?PO •IR 76,b ' • - •
• .--!::::k,-7;:::•-
/ . . . . . . .
• ■Q 1\1E' ..--"' -._
• I.• [-:
15,K `...,••. ....-- , .. . .
...----
I-- ------ r 1 ■- -
,! ), .-
4.1 ....,....-...---"-- . .
Ir t■ . ' .
•
.
- .•.. .. •
...• •
.. , .
. . •
. • • . .
, . . ... ..
. '•,*. . • • ..
• - •• -. • • - .
. . . .
•
. • . . • .. .
• ____
. , . . . •••
• - •
. •
. .__.
. ____ --. ._.• ____
.• .
. ._.• . . •• .
.,.:.;•:."-...:.....•:.•:-.-,.-
. -.. ••,....:•.• • ---,--
.• •. . . .
• , .
• rm.. ..; SAIHRIE.11t1IGOU1111'. INC. ' ..... ----
—.
. . • .
.._.-------------
• (.,.?...S/
1.11 - NM Mil iiiii iii. iiii ---.11---LIMN 3 MN NM • Mill • • MIN • NM MI ION _
S61----- ...
r
V(;.1 r fp.;, -
v.. ,_ .
..........._
,,,. .., : ?. ._ , _,... ,
,„_.,, . :,. ,z; ,
ace Li l.ic.cS•.1 Le.-..k.:ac!4
8 '
/5. 8 i - N
..\,/, _ 2 407.48. -- 1 t
7 .r.
i _ .., ,
:.... .
` J _ -.4:F. - - , ��,,
1 rvTva.e--= .4„AA
2s 20 ea ._- .
F.+. c t_--
A ' Eti_
t•
ta
1
o
I
/ /
Jy,J 1C4 t1 N 17---
2 7 CITY OF CHANHASSEN
RECEIVED
, .-_= i - APR 2 y86
' �� CHANHASSEN PLANNING DEPT.
___-----7"—... ..4als 2::..‘—rk.urerr --4_ 49-
_ _ _ _ rO ice_— 1.14DlN'
... _.0 L.. -,Ft.A. v 1=F-i
plotL ---i 1..,∎ i iv 4 cr4 v L-6 _ .-
I hereby certify that this plan, specification, or
report was prepared by me or under my direct
supervision and that I am a duly Registered
Architect under the ••. of the State of Min.
nesot-.
* .
____
. kg /. :4
. - Reg No. / ‘f?O,
ZONING § 20-58
I C chapter, including the zoning map to the council. If no report of recommendation endation is transmit-
ted by the planning commission within sixty(60)days following referral of the amendment to
' the commission, the council may take action on the amendment without awaiting such
recommendation.
(Ord. No. 80, Art. III, § 3(3-3-4), 12-15-86)
' Sec. 20-45. Council action.
Following planning commission consideration of an amendment to this chapter including
the zoning map, or upon the expiration of its review period, the council may adopt the
amendment or any part thereof in such form as it deems advisable,reject the amendment, or
' refer it to the planning commission for further consideration.
(Ord. No. 80, Art. III, § 3(3-5-5), 12-15-86)
Secs. 20-46-20-55. Reserved.
DIVISION 3. VARIANCES
Sec. 20-56. Generally.
IA variance from this chapter may be requested only by the owner (or his approved
representative) of the property representative to which the variance would apply. A variance
may not be granted which would allow the use of property in a manner not permitted within
' the applicable zoning district.A variance may,however,be granted for the temporary use of a
one-family dwelling as a two-family dwelling. In granting any variance, the board of adjust-
ments and appeals may prescribe conditions, to ensure substantial compliance with this
' chapter and to protect adjacent property.
(Ord. No. 80, Art. III, § 1(3-1-3(1)), 12-15-86)
' Sec. 20-57. Violations of conditions imposed upon variance;termination for nonuse.
The violation of any written condition shall constitute a violation of this chapter. A
' variance shall become void within one (1) year following issuance unless substantial action
has been taken by the petitioner in reliance thereon.
(Ord. No. 80, Art. III, § 1(3-1-3(1)), 12-15-86)
Sec. 20-58. General conditions for granting.
A variance may be granted by the board of adjustments and appeals only if it finds all the
following:
(1) That the literal enforcement of this chapter would cause undue hardship and practi-
' cal difficulty.
(2) That the hardship is caused by special conditions and circumstances which are
1 peculiar to the land and structure involved and which are not characteristic of or
applicable to other lands or structures in the same district.
1161
§ 20-58 CHANHASSEN CITY CODE
(3) That the granting of the variance is necessary for the preservation and enjoyment of
substantial property rights.
(4) That the special conditions and circumstances are not a consequence of a self-created '
hardship.
(5) That the variance will not be injurious to or adversely affect the health, safety or
welfare of the residents of the city or the neighborhood wherein the property is
situated and will be in keeping with the spirit and intent of this chapter.
(Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86)
Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling.
A variance for the temporary use of a single-family dwelling as a two-family dwelling '
may only be allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial hardship. ,
(2) The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one(1)driveway and one(1)main entry.
(3) Separate utility services are not established(e.g. gas, water, sewer, etc.).
(4) The variance will not be injurious to or adversely affect the health, safety or welfare
of the residents of the city or the neighborhood where the property is situated and
will be in keeping with the spirit and intent of this chapter.
(Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86)
Sec. 20-60. Denial.
Variances may be deemed by the board of adjustments and appeals and the council, and
such denial shall constitute a finding and determination that the conditions required for
approval do not exist.
(Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86) '
Secs. 20-61-20-70. Reserved.
DIVISION 4. NONCONFORMING USES
Sec. 20-71. Nonconforming buildings and uses. '
The lawful use of a building or land existing on February 19, 1987 may be continued,
although such use does not conform with the provisions of this chapter. Except as otherwise
provided, nonconforming uses shall not be extended or enlarged.
(Ord. No. 80, Art. III, § 5(3-5-1), 12-15-86)
Sec. 20-72. Nonconforming lots of record.
Single-family lots in the A-2 and RR Districts established prior to February 19, 1987 shall
be deemed as buildable lots. In the RSF and R-4 districts, notwithstanding limitations im-
1162
•
Blue Circle Investment Company
' 6125 Blue Circle Drive, Minnetonka, Minnesota 55343 612/933-0409
February 16, 1989
1
' Board of Adjustments/City Council
City of Chanhassen
690 Coulter Drive
' Chanhassen, MN 55317
Re: Variance Request
Lot 2, Block 1, Hidden Valley 2nd Addition
' TO WHOM IT MAY CONCERN:
' As the fee owner of the above captioned property we are requesting building and
parking set back variances in order to facilitate the construction of a day care center.
The following represents our feelings regarding the five general conditions for
' granting a variance in accordance with your Zoning Ordinance Division 3, Section 20-58.
1. The literal enforcement of the current set back requirements would render
the property un-buildable.
2. This hardship is due to the size and irregular shape of this particular piece
' of property and therefore does not apply to other parcels.
3. Without the granting of the requested variance we would have no property
rights as the land would be un-buildable, therefore, it would have no value.
4. This special condition is not self created. It was created by a change in the
property's zoning and set backs by the City of Chanhassen. This change occurred
subsequent to the time we platted the property.
5. Rather than creating a hazard, the granting of the variance will allow the
' property to be safely used for a permitted use which will be of substantial
benefit to the adjacent neighborhood as well as residents of the entire City.
I plan to attend your meeting on February 27, 1989 so that I may answer any questions
you may have regarding our request.
Sincerely,
1
Patrick B. Hallisey
' Partner
PBH/dmm/43
>._........
FEB 161989
arc DE CHANHASS !1
I
a - , .,:_,•_t.,..:. _
, -.
-
N , N \
7‘<.1 •- —-*-.,_..,,,.. -,-. --.7.fr
\
‘A - -• - -7:44.-44 •
\ \V
\ •4
\—CI
. \ '
,
\
____:' ..
\ - \
\ \
\.
'\
\- r
\ imeW
4
AA
- \ 1 110 '
11 I\ \e/14 1. GS' 4_41
I 1 I \ 9'j
\
.
c4
4- 1111
I ‘(- ‘\ \
_ \Ai 3
, \
,.i
...
--
1 -------1- .
\ - \ ,....,_ ...1 ....
:\
f\ -4. ,
111 I ,_ \ N —. :,J
I .1.7.3 -----\ .,.. _._._,\ ------, ,
.
\
'' . 0 —'± -I. .._
\ 7' ;1
\s I
r _ 4. \ \
1 1 \‘-\--. . -----/--). .
- --- 1 \ \ .
IL I / \ • I: \ '\
/ ' _: 1
Ir. ,... .2, rt,..7._____.i.;2_, ,0 ....... . .,.
\ \'' \ (--• —
‘. \/4" 4444if,.. 17 -2- 111
.,..• $4— \ i N
. 1 -
N \ ‘
\‘ v1
\
I
,`,. ;, ., , , • .... ,. , ,.. . . . ,, \ ‘‘• ‘ c•"-N \ I
\ \
. . . .:
sN ,
\
,.., \
. . . ..
\\ \ ,
— ,
\ II
1 \
3 .
-- --- \
e ,
t \
\ \
11
4\ II
(-\, ■
.\ \
• I - .
. 1 _ _ _ _ _ _ _ _ _... .....- _-. _'_
\
. . -- 1 _..__i\at_ _-.A-_\---_-.-.....; —N_
-4-1- `3-'‘/ \
- \
-g ____t______
-)4 X V Y.. - -I.-, ..A.-.....-4.--- #..-31.4. I
---,
''',:.,s'. ss .'"'.•- ;-....,/V_, )
) , ‘.\
1 ' (--)
.-, s
_ '
" I i
2
a----... ,
.._ I
-.r.
i
— . .
a' 4
y \
ti
» 4,-_..,"--- \
L
\ -
V-1: 1 S
...-5 1, \ \ \\14'
N.
.,
�r�A,�- r
1--:
*r
_ -- \
•
\ \
-
i Th j.
\ ,,,,,, i ,c, ,._
i - j 't, '
I _
• Si 1
— -- — _".11.
i; IV;
I . 0, a . I---Iti .
,
\(‘(*.C4'...\\\\---D-N s ,,,.,..N.N... \\\ d. ,
tv...f \-c* - .,- ,..-ti
PPIIII ..
L.
J.
al
, ‘s'4D
Ai
§ ,
z N.1
N.
r k
r v .w
I
j - ,
I , • ' -------
1
li
11 \
I
a depth of not less than 25 feet. except zoned C-2 or C-3. Parking areas adjoin- located in separate areas adjacent to oth- I
that a site facing on an R-1A, R-1 or R-2 ing all other districts shall not be beat- er retail business districts and thus help
Residential District shall have a front ed closer than 25 feet to the side or rear to keep the basic retail areas compact
yard having a depth of not less than 100 property line Truck traffic shall be and convenient, and in other separate
feet. routed around and not through automo- areas to provide a district which may be
b. A lot located at the intersection of bile parking areas. located in close proximity to a major tho-
two or more streets shall have a front 4. Loading: roughfare or highway in order that high-
yard depth on each street side of not a. An off-street loading facility shall way service types of land uses can be
less than the depth required under be provided with an area of not less provided.
subsection 2(a)above. than 12. feet in width and 65 feet in 11.82 Permitted Uses. Within a C-3
3. Side Yard Regulations: length, exclusive of aisles and maneu- Commercial Service District, no building
a. A site adjoining an R-1A, R-1 or vering space Such facility shall be at or land shall be used except for the follow-
R-2 Residential District shall have a the rear of principal structure and shall ing uses:
side yard having a depth of not less than be used exclusively for the loading and 1. Sales, services and major repair of
75 feet. unloading of merchandise. All such fa- motor vehicles, boats, and mobile pow-
4. Rear Yard Regulations: cilities, aisles and maneuvering space er driven recreational equipment.
a. A site adjoining an R-IA.R-I or R- shall be surfaced in the same manner 2. Auto service stations, provided that
2 Residential District shall have a rear as that prescribed for parking areas. the minimum standards of Section
yard having a depth of not less than 75 5. Storage: 10 04i 1 i of this ordinance shall apply
a. All supplies, equipment, and mo- 3. Establishments of the "drive-in" type Lot Area Regulations: YPo
a. Not more than 25<< of the lot area tor vehicles in excess of 2 of larger than offering goods or services directly to
7,000 pounds licensed gross weight shall customers waiting in parked motor
shall be occupied by buildings. be stored within a completely enclosed vehicles, provided that the minimum
I
6. District Area Regulations: building. standards of Section 10.04(21 of this
a. Each C-2 Commercial District 10.08 Landscaping. ordinance shall apply.
shall have an area of not less than 5 I. All exposed ground areas of a permit- 4. Greenhouses for retail sales only.
acres, unless such district adjoins an- ted use which are not devoted to drives. 5. Financial institutions.
other C-2 District or a C-3 District. sidewalks, patios or similar uses shall 6. Hotels and motels.
I
10.06 Building Design and Construe- be landscaped with grass, shrubs. 7 Restaurants,theaters and taverns.
tion. Building design and construction trees, or other ornamental landscape 8. Dry cleaning and laundry collection
within a C-2 District shall be governed by materials, which shall be kept neat, stations,and self-service laundries.
the provisions of Section 9.06 of this ordi- clean, and uncluttered. No landscaped 9 Retail plumbing, heating, television. I
nance,except as hereinafter set forth: area shall be used for the parking of radio and appliance sales and repair.
1. Accessory Buildings: vehicles or the storage or display of 10 Mortuaries.
a. Set back requirements established materials,supplies,or merchandise. 11.03 Accessory Uses. Within a C-3
for buildings in a C-2 District shall ap- 10.09 General Regulations. Commercial Service District, the follow-
ply to accessory buildings. 1. Uses permitted in the C-2 Commercial ing uses shall be allowed as accessory to
b. Exteriors of accessory buildings Districts shall be subject to the follow- the permitted use
shall have the same exterior finish as ing conditions- 1 Subordinate uses which are clearly and
the principal structure. a. All business establishments shall customarily accessory to the permitted
10.07 Parking. be retail or service establishments use.
1. Spaces Required: which deal directly with customers. All .2• 11.04 Conditional Uses. Within a C-3
a. The minimum number of off-street goods produced on the premises shall Commercial Service District, the follow-
parking spaces required on the building be sold on the premises where pro-l/ ing uses may be allowed, but only upon
site for each of the following permitted duced. Iv the securing of a Conditional Use Permit.
uses shall be: b All business, servicing or process- 1. Uses allowed in the H-I. C-1 and C-2
III
General Retail Sales and Services, ing, except for off-street parking and Districts.
Financial Institutions: One space per off-street loading, shall be conducted 2. Commercial greenhouses and land-
150 square feet of principal structure within completely enclosed buildings. soaping businesses.
gross floor area. c. All activities involving the produc- 3. Parking ramps.
I
Business and Professional Offices, tion. processing, cleaning, servicing, 4. Private clubs and lodges organized as
except medical and dental One testing or repair of materials. goods or non-profit corporations.
space per 300 square feet of principal products shall conform with the perfor- 5. Passenger facilities for mass transit
structure gross floor area. mance standards established for the 1-1 services.
Medical and Dental Offices: Six Industrial District in Section 12 of this
spaces for each doctor or dentist ordinance, provided that the perfor- 11.05 Height, Yard, Area and Lot
maintaining professional offices in mance standards shall in every case be Width and Depth Regulations.
- the principal structure. applied at the boundaries of the lot on I. Height Regulations:
Restaurants, , Theaters and which such activities take place a. No structure shall exceed 45 feet
Taverns: One space per 300 square 2. Additional regulations in the C-2 Corn- in height as measured from the average
feet of principal structure gross floor mercial District are set forth in Section grade of the surrounding lot area.
area or one space per 3 seats in place , 2. Front Yard Regulations:
of assembly,whichever is greater. ,10 .10 Boundaries of the C-2 Commer- a There shall be a front yard having
Government Buildings: 10 spaces deial District. a depth of not less than 40 feet. except
I
plus one space per 500 square feet of.7' The boundaries of the C-2 Commer- that a site facing on an R-IA. R-1 or R-2
principal structure gross floor area ciai District shall include the following Residential District shall have a front
Mortuaries: One space for each described tracts and parcels of land: yard having a depth of not less than 100
employee and one space for each 3 SECTION 11 C-3 COON-MERCIAL feet.
seats in the place of assembly. SERVICE DISTRICT. b. A lot located at the intersection of
1
2.Design and Construction: 11.01 Purpose. The C-3 Commercial two or more streets shall have a front
a The design and construction of off- Service District is designed to furnish yard depth on each street side of not
street parking areas in a C-2 District areas served by other retail business cis- less than the depth required under
shall be governed by the provisions of tricts with a wide range of services and subsection 2(a i above.
Section 9 07 of this ordinance. goods which might otherwise be incom- 3.Side Yard Regulations: ,
3.Location: patible with the uses permitted in retail a. A site adjoining an R-1 A.H-I or R-
a. The parking area may abut the business districts. This district is intend- 2 Residential District shall have a side
property line if the abutting property is ed as a business district which may be yard depth of not less than 75 feet.
I ►fin\-4,Nd..k<< 47-/) �, A�r'erdt�Y7-N W f 0 I�
. / ht�wdk 4.1- V7
r2 is.,NQ.,lyd 47-L
IN
.3. lYmr .:)i. u 7_4s i
•
I
4 Rear Yard Regulations: unloading of merchandise. All such fa- processing of used products or materi-
' a A site adjoining an R-1 A. R-1 or R- cilities. aisles and maneuvering space als and excluding the processing of
2 Residential District shall have a rear
yard depth of not less than 75 Feet.
shall be surfaced in the same manner animals.
as that prescribed for parking areas. 2. Research. testing and experimenta-
5. Lot Area Regulations: 5. Storage:
anima
a Not more than 50', of the lot area a. Merchandise of the type custom- 3. animas
I shall be occupied by buildings. arils displayed outdoors for retail sale 4 Wholesaling and warehousing
6. District Area Regulations. may be so displayed beyond the con- 5. Building materials sales and storage.
a. Each C-3 Commercial Service fines of the principal structure, provid- 3 12.03 Accessory Uses. Within an I-1
District shall have an area of not less ed that in no event shall the outdoor Industrial District. the following uses
than 10 acres. unless such district ad- display area exceed 20', of the ground shall be allowed as accessory to the per-
' joins a C-2.C-3 or I-1 District. floor area of the principal structure. milted use•
11.06 Building Design and Construe- Merchandise awaiting service or repair 1. Subordinate uses which are clearly and
lion. Building design and construction shall be stored within an enclosed build- customarily accessory to the permitted
within a C-3 District shall be governed by ing or shielded from view at street ley- use.
I the provisions of Section 906 of this ordi- el by a wall or fence not less than four 2 Retail sales or products manufactured
nance,except as hereinafter set forth.
I. Accessory Buildings: feet nor more than six feet in height. on the site of the permitted use.
11.08 Landscaping.
a Set back requirements established
1. All exposed ground areas of a permit- Industrial District, the following uses
12.04 Conditional Uses. Within an I-1
for buildings in a C 3 District shall ap ted use which are not devoted to drives, may be allowed, but only upon the
ply to accessory buildings. sidewalks. patios or similar uses shall ing of a Conditional Use permit:
b. Exteriors of accessory buildings be landscaped with grass, shrubs. secur-
shall have the same exterior finish as trees, or other ornamental landsca 1• Airports and heliports.
1the principal structure. materials, which shall be kept neate 2. Freight terminals.
, 11.07 Parking, clean, and uncluttered. No landscaped 3 Contractors yards when conducted
I
I. Spaces required; area shall be used for the ped entirely within fully enclosed struc-
a. The minimum number of off street vehicles or the storage or parking of lures or within a completely fenced
parking spaces required on the building materials,supplies,or merchandise. area.
site for each of the following permitted 11.09 General Regulations. 4 Auto service stations, provided that
1 f uses shall be I. Uses permitted in the C 3 Commercial the minimum standards of Section 10 04
Auto service Stations: 3 spaces for Service Districts shall be subject to the (1 i of this ordinance shall apply.
each enclosed service bay and one following conditions. 5• Parking ramps.
space for each employee on pnmary a All business establishments shall . Passenger facilities for mass transit
shift. be retail or service establishments facilities.
I 1.Establishments of drive-in which deal directly with customers. All 12'05 Height, Yard, Area and Lot
type": One space for each employee pro-
per produced on the premises shall Width and Depth Regulations.
per shift I not including outside sere- be sold on the prem ses where Front Yard Regulations:
ice employees in addition to re- duced. a There shall be a front yard having
I J gutted spaces for customers. b. All activities involving the produc a depth of not less than 30 feet, except
(j Hotels and hotels: One space for lion, processing, cleaning, servicing, that a site facing on an R-IA, R-1. R-2,
each rental unit and one space for testing or repair of materials. goods or R-3 or R-4 Residential District shall
each employee on pnmary shift. products shall conform with the pert or- have a front yard having a depth of not
Restaurant: One space for each mance standards established for the I-1 less than 100 feet.
iemployee per shift and one space for Industrial Distnct in Section 12 of this b Each building in excess of 45 feet
each 3 seats in the dining areas. ordinance, provided that the in height shall have a front yard having
General Retailing; One space for mance standards shall in every ase be a depth of not less than 30 feet plus one
each 150 square feet or traction pplied at the boundaries of the lot on foot of front yard (or every foot in
a thereof which such activities take place. height in excess of 45 feet•
Mortuary: One space for each 2 Additional regulations in the C 3Com- c A lot located at the intersection of
employee and one space for each 3 mercial service District are set forth in two or more streets shall have a front
seats in the place of assembly Section 19 yard depth of not less than the depth
Clubs or Lodges; One space for a• 11.1U required under subsection 1 is i and each 300 square feet of gross floor Boundaries of the C-3 Commer-
cial Service District, I b i above
area or one space fur each 3 seats in The boundaries of the C 3 Commer• 2 Side Yard Regulations:
the largest place of assembl} cial Service District shall include the fol- a There shall be a side yard having a
2. Design and Construction: lowing described tracts and parcels of depth of not less than a The design and construction of off- land that a site ad oinin 25 feet, except
I street parking areas in a C-3 District SECTIO\ District shall have a side ya dehav ng a
Shall n governed by the provisions of TREVTI 1 1 I\D(-STR IAL D1S- depth of not less than 75 feet.
Section 9 07 of this ordinance. 1"_.01 Purpose. The Council of the Vil- in height building in
a s decess of 45 feet
3. Location: lage of Chanhassen determines that its depth of not less than 25 feet a. The parking area may abut the goal in zoning is that all industrial uses be foot of side yard for every foot n heig t property line if the abutting property is established within Planned Industrial in excess of 45 feet. plus one
zoned C-2 or C-3. Parking areas adjoin- Distracts. The I-1 Industrial Uistrict is 3. Rear Yard Re Kht ing all other districts shall not be locat- intended to provide a district which will a There shall be a rear yard having a ed closer than 25 feet to the side or rear allow general industrial uses which do not depth of not lessathan 25 feet. except
property line Truck traffic shall be conform to the regulations of a Planned that a site adjoining any Residential 'routed around and not through automo- Industrial District due to size, nature of District shall have a rear yard having a
bile parking areas.
operations and land area depth of not less than 75 feet.
4 Loading:
12
a An off-street loading (acilin shall Industrial District noehui ding or land in height shall ha eta rear yard ha feet
be provided with an area of not less shall he used except for the following a depth of not less than 25 feet plus one
IlilL
than 12 feet in width and 65 feet in uses rag
length, exclusive of aisles and maneu- I Manufacturing. compounding.
K space Such facility shall n u- in height t in rear sof for every foot in
verin K. process- hei t i t erea R guI tion
11 the rear of principal structure and shall blv of packaging. end materials but ex-
the
Each I t Industrial District shall
he used exclusively for the loading and cludi assem- 4 District Area Regulations:
n,K uses engaged principally in the have an area of not less than 5 acres.
, , !nvnde,t `l 7- �' 1 1
L
• F)., ,,l,.i ' 7- /
I
ZONING I
§ 20-712
b. For rear yards, thirty(30)feet.
c. For side yards, fifteen(15)feet.
(7) The maximum height is as follows:
a. For the principal structure, one(1)story.
b. For accessory structures, one(1)story.
(Ord. No. 80,Art. V, § 10(5-10-5), 12-15-86)
Sees. 20-696-20-710. Reserved.
ARTICLE XVII. "BH"HIGHWAY AND BUSINESS SERVICES DISTRICT
Sec. 20-711. Intent.
The intent of the `BH" District is to provide for highway oriented commercial restricted to a low building profile, mercial develop-
(Ord. No. 80,Art. V, § 11(5-11-1), 12-15-86)
Sec. 20-712. Permitted' u
ses.
The following uses are permitted in a `BH" District:
(1) Financial institutions.
(2) Fast food restaurant.
(3) Automotive service stations.
(4) Standard restaurants.
(5) Motels and hotels.
(6) Offices.
(7) Retail shops.
(8) Miniature golf.
(9) State-licensed day care center.
(10) Car wash.
(11) Convenience store with or without gas pumps.
(12) Personal service establishment.
(13) Liquor stores.
(14) Health services.
(15) Utility services.
(16) Shopping center.
1
1217
1
•
' § 20-693 CHANHASSEN CITY CODE
Sec. 20-693. Permitted accessory uses.
The following are permitted accessory uses in a "BN"
(1) Parking lots. District:
' (2) Car wash(when accessory to automotive service station).
(3) Signs.
' (Ord. No. 80,Art. V, § 10(5-10-3), 12-15-86)
Sec. 20-694. Conditional uses.
' The following are conditional uses in a "BN" District:
(1) Convenience store with gas pumps.
' (2) Automotive service stations.
(3) Drive-in banks including automated kiosks.
-- (4) Temporary outdoor display of merchandise for sale.
— (5) Standard restaurants.
(6) Bed and breaksfast establishments.
' (Ord. No. 80, Art. V, § 10(5-10-4), 12-15-86)
State law reference—Conditional uses, M.S. § 462.3595.
' Sec. 20-695. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "BN" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
1 (1) The minimum district area is three (3) acres. T
case of expansion to an existing district. This paragraph may be waived in the
' (2) The minimum lot area is fifteen thousand(15,000)square feet.
(3) The minimum lot frontage is seventy-five (75) feet, except that lots fronting on a
' cul-de-sac shall have a minimum frontage of sixty(60)feet in all districts.
(4) The minimum lot depth is one hundred fifty(150)feet.
(5) The maximum lot coverage including all structures and paved surfaces is sixty-five
(65)percent.
(6) Off-street parking areas shall comply with all yard except that no rear yard parking setback shall be required for lotstdirrectly 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 streets side yards shall be a minimum of twenty-five(25) feet.
Other setbacks are as follows:
a. For front yards, thirty-five(35)feet.
1 1216
•
1
ZONING '
§ 20-692
(5) The setbacks are as follows:
a. For front yards, twenty-five(25)feet.
b. For rear yards, twenty-five(25)feet.
c. For side yards, ten(10)feet.
(6) The maximum height is as follows:
a. For the principal structure, three(3)stories/forty(40)feet.
b. For accessory structures, one(1)story/fifteen(15)feet.
(Ord. No. 80,Art. V, § 8(5-8-5), 12-15-86)
Secs. 20-676-20-690. Reserved.
ARTICLE XVI. "BN" NEIGHBORHOOD BUSINESS DISTRICT
Sec. 20-691. Intent.
The intent of the"BN" District is to provide for limited low intensity neighborhood retail
and service establishments to meet daily needs of residents.
(Ord. No. 80, Art. V, § 10(5-10-1), 12-15-86)
Sec. 20-692. Permitted uses. I
The following uses are permitted in a `BN" District:
(1) Convenience stores without gas pumps.
(2) Neighborhood oriented retail shops.
(3) Self-service laundries.
(4) Dry cleaning and laundry pick-up stations.
(5) Day care center.
(6) Personal service establishments.
(7) Professional offices. I
(8) Small appliance and shoe repair shops.
(9) Health services. I
(10) Veterinary clinics.
(11) Utility services.
(12) Shopping center.
(13) Private clubs and lodges. i
(14) Community center.
(Ord. No. 80, Art. V, § 10(5-10-2), 12-15-86)
1215