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H-1. 6285 Ridge Road- Planning Case 2016-050 CITY OF CAANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax. 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: March 28, 2016 0 �Kl SUBJ: Interim Use Permit to permit a Private Stable Planning Case #2016-05 PROPOSED MOTION "The Chanhassen City Council approves the Interim Use Permit to permit a private stable subject to the conditions of approval and adopts the Findings of Fact." City Council approval requires a majority vote of the entire City Council. EXECUTIVE SUMMARY The applicant, Nancy Link, is requesting and Interim Use Permit to permit construction of a private stable to allow her to keep a horse(s) on the property at 6285 Ridge Road. City Code permits private stables in the RSF district with approval of an interim use permit. The Interim Use Permit must be approved if it meets the general issuance standards outlined in section 20-232 of the City Code. (The findings of fact outline compliance with these standards.) The criteria for approval of a stable permit are specified in Chapter 5, Article III, Division 2, which include requirements for inspections, that the location of stable not create a public nuisance, that the facility be maintained in a clean and sanitary manner, that the keeping and stabling not directly contribute to the pollution of any public body of water, that the manure be removed at such periods as will ensure that no leaching or objectionable odors exist and that the shelter be sufficiently separated from residences off site as well as from wetlands. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on March 15, 2016 to review the proposed Interim Use Permit. The Planning Commission voted 5 —1 to recommend that City Council approve the interim use permit. As part of the discussion, concern for potential runoff, smell, safety and neighborhood harmony were expressed. However, the stable will comply with city code and be subject to inspections as required by Chapter 5, Article III, Horses. The Commission found that the project would be compatible with the neighborhood. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission minutes for March 15, 20156 are included in the consent agenda for the March 28, 2016, City Council packet. RECOMMENDATION Staff recommends approval of the Interim Use Permit subject to the conditions of the Planning Commission staff report and adoption of the Findings of Fact. ATTACHMENTS Interim Use Permit Schematic of Fencing for Property Email from Carolyn Nyman to Bob Generous Dated March 14, 2016 Letter from John S. Fess to Robert Generous Dated March 7, 2016 Presentation from Keith Jones at 6265 Ridge Road Email from Keith Jones Planning Commission Staff Report Dated March 15, 2016 Minutes from March 15, 2016 Planning Commission CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA INTERIM USE PERMIT #2016-05 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit for the following use: To permit construction of a private stable to allow for the keeping of horses on the property. 2. Pmpertv. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 1, Block 1, Meyer's Addition. 3. Conditions. The permit is issued subject to the following conditions: a. A building permit is required. If the proposed construction is to be of a "pole -type" building, a signed structural engineer's design is required. b. The applicant shall submit a tree removal plan in conjunction with the building permit application. c. The applicant shall preserve any significant, healthy trees within the rear yard. d. The applicant shall meet the requirements of City Code Article III, Section 5, Horses. e. The interim use permit shall end with any of the following occurrences: 1) sale of the property, 2) subdivision of the property or alteration of the property lines or, 3) widening of Pleasant View Road which takes additional right-of-way from the parcel. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension 1 is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. 7. This permit shall expire with the 1) sale of the property, 2) subdivision of the property or alteration of the property lines, or 3) widening of Pleasant View Road which takes additional right- of-way from the parcel. Dated: March 28, 2016 CITY OF CHANHASSEN IM LE STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) Denny Laufenburger, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of 2016, by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 Notary Public II Generous, Bob From: Sent: To: Subject: Dear Mr. Generous, Carolyn Nyman <mncnyman@msn.com> Monday, March 14, 2016 12:15 PM Generous, Bob Interim use permit - 6285 Ridge Road We received the notice pertaining to the property use permit to be considered for 6285 Ridge Road. Our home (first home on right as you enter Fox Path) borders Pleasant View Road and is across the street from the site being considered. We understand there is a hearing regarding this on March 15, however we wanted to relay our strong objections in advance: • We are against allowing livestock in our neighborhood. We are not a farming community- our home values will decrease. • We do not want the smell or noise of livestock near our home. • We are concerned about that the livestock will attract more unwanted animals in the area. We oppose the proposed variance and ask the Planning Commission and City of Chanhassen to decline it. Sincerely, Carolyn & Martin Nyman 6341 Fox Path Chanhassen, MN 55317 952-470-7414 John S. Fess 6280 Ridge Road Chanhassen, MN 55317-9438 Home 952-474-0045 Cell 612-845-6243 March 7, 2016 Mr. Robert Generous Senior Planner City of Chanhassen Planning & Zoning 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Dear Mr. Generous: Re: Link Interim Use Permit, 6285 Ridge Road, Chanhassen; Case 2016-05 Thank you for the notifications pertaining to the potential change of property use in our neighborhood. I serve as road manager for the south portion of our private road, and we've polled the neighbors on the Carver County stretch of Ridge Road. While we love Nancy and her family and have welcomed them into our neighborhood, the large majority of the neighbors on Ridge Road South in Chanhassen oppose the use of the land for livestock. We enjoy a quaint, quiet, close-knit and serene area along Christmas Lake, with some of the highest taxes -i6 the county. Our area is sought after for this reason, and we have little turnover in our neighborhood. Many have lived here 20, 30 — 40 years plus. The large majority want to keep this atmosphere with no changes. A few of the objections include: • Home and land values will decrease. We are not a farming community.Livestock in the neighborhood will be a detriment'to our property values. We've consulted local lake area realtors. • Noise and smell is a real concern, as well as runoff from the property leaching into Silver Lake. • Livestock will attract vermin and varmints. Coyotes are present and a concern in our area. Within the past couple of years, a neighbor's dog was attacked by a pack of coyotes and killed in the evening with the owners nearby in the yard. • Neighbors are not opposing the structure, but a miniature horse on the property is not appropriate. It is a shady property, with little to no sunny pasture area and is surely not ideal for a Ione horse. The horse should be housed with other animals — on a farm or established stable facility outside the city. I speak for the majority of my neighbors on Ridge Road South. We strongly oppose the proposed variance and ask the Planning Commission and City of Chanhassen to decline it. Respectfully submitted, Lr) Q) L O Q) 1 //1 � L O ai N j � c ca m N V m ai a +-j � Cl o -0 L L O L IEL— cu E a--+ o O � N L N Ln O � O O. 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March 22, 2016 Dear Honorable Chanhassen City Council Members, On the City Council agenda for March 29, 2016 there will be Case 2016-05 6285 Ridge Road Interim Use Permit. This letter's intent is to respectfully ask the council to deny that Interim Use Permit. Unfortunately due to work commitments, I will not be able to be present at the council meeting so I wanted to take this opportunity to go on record with you. I did attend and speak at the Planning Committee meeting, but directly before the vote, a city person informed the committee the vote was only for "did the lot meet the criteria for this Interim Use Permit". I would not have attended the public hearing if I knew that the neighbor's concerns (beyond if the lot met the criteria) could not be taken into consideration for that vote. My family enjoys the Link family as neighbors, but as with the large majority* of our neighbors we do not feel allowing an Interim Use Permit for a horse stable is good for our neighborhood or city. *There are thirteen homes on Ridge Rd South. One home is the applying for the permit. Of the remaining twelve homes, eleven are against the permit being granted, the other wants to remain neutral. We feel introducing livestock, no matter how cute, is a bad precedent. Even though the current plan is for one miniature horse, the permit would allow the stable to house two full-sized horses. Below are some of the reasons we feel a horse stable would be detrimental to our neighborhood: • Our home and land values will probably be negatively affected. (A neighbor confirmed this with local lake area realtors). • Livestock noise and smells are real concerns. • The runoff from the property onto my property, the Pleasant View Preserve, and leaching into Silver Lake are concerns. • Penned livestock will attract even more coyotes into our neighborhood. (Our dog was killed by coyotes in our backyard, approximately 150 feet from where the proposed barn would be located). • This lot is not suitable for horses. Massive amounts of trees would need to be taken down to allow for any grass to grow. Transforming those natural woods into a pasture would be a shame. • Removing the trees would increase noise and light pollution from neighboring Pleasant View Road. We feel the best thing for our neighborhood and our city is to have the horse/horses housed at a stable facility away from the residential part of our city. Thank you for your time and service to our community. Sincerely, I�,e'thj O V es Keith Jones 6265 Ridge Road Cell: 612-819-4559 Email: 1<0996(a-hotmail.com CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: March 15, 2016 CC DATE: March 28, 2016 REVIEW DEADLINE: March 29, 2016 CASE #: 2016-05 BY: CD, AF, RG, JM, ML, JM, JS "The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permit to permit a private stable subject to the conditions of approval, and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST: Request for an Interim Use Permit to construct a private stable. LOCATION: 6285 Ridge Road (Lot 1, Block 1, Meyer's Addition) PID 254650010 APPLICANT: Nancy Link 6285 Ridge Road Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: ACREAGE: 1.74 acres Residential Low Density DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the standards outlined in the Zoning Ordinance and city code. If the city finds that all the applicable standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting and Interim Use Permit to pennit construction of a private stable to allow her to keep a horse(s) on the property. Specifically, she is looking at keeping a miniature pony on the property. APPLICABLE REGULATIONS Chapter 5, Article III, Horses Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article XII, "RSF" Single -Family Residential District Planning Commission 6285 Ridge Road IUP Request — Planning Case 2016-05 March 15, 2016 Page 2 of 4 BACKGROUND Meyer's Addition was approved on November 20, 1978. The house was constructed in 1993. Building and zoning permits were issued in August and September 2015 for a pool, retaining wall and fence. DISCUSSION The applicant desires to construct a stable to house a miniature horse. At present, only one horse is proposed, but based on the size of their property up to two horses may be allowed. An enclosure must be erected around the pasture. There is currently a gate in the fence along Pleasant View Road, which staff assumes will provide access for the hay delivery, which will be necessary since there is insufficient natural forage for a horse on the site. The applicant has a permit to install 470 feet of four -foot tall, black vinyl chain link, and 59 feet of six-foot tall cedar wood fencing. The applicant will need to show where this fence will be located. The applicant shall verify with the stable inspector that this area is sufficient for the horse confinement area. It should be noted that fences for pool enclosures must be a minimum of five feet high. If the applicant intends to use the same fence for both the pool and the pasture enclosure, they must increase the fence height to five feet. City Code permits private stables in the RSF district with approval of an interim use permit. A stable permit shall be issued by the city clerk upon approval by the stable inspector if the following conditions are met: (1) Minimum acreage for two horses shall be 1'h acres, and for three horses shall be two acres, and an additional one-third acre shall be required for each additional horse. (2) No stable permit shall be issued for a lot of less than one acre. (3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep the animal or animals confined within. (4) A shelter or stabling facility which will keep the animal or animals comfortable and protected from the elements and which shelter or stabling facility shall be no closer than 100 feet from any structure other than the applicant's, which is used for residential purposes. (5) The shelter or stabling facility shall be so located so as not to create a public nuisance. (6) The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects. (7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. (8) Accumulations of manure shall be located at least 100 feet from any well. (9) All accumulations of manure shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. (10) The shelter structure shall be a minimum of 200 feet from any wetland. Planning Commission 6285 Ridge Road IUP Request — Planning Case 2016-05 March 15, 2016 Page 3 of 4 A building permit is required prior to the construction of the stable. If the proposed construction is to be of a "pole -type" building, a signed structural engineer's design is required. The site slopes from the west to the east with a high elevation in the northwest corner of the property of 960 and a low elevation of 914 along the east property line of the parcel. The south and east portions of the property are wooded. The applicant should look at locating the stable so that they do not have to remove trees. ® If1_11 If , y 1 f is '��~_~__•'f r" ��,~` j __,�,,,-_ 1A �'-N('�', ��' � \\ \\ � - Imo.. �'� Y�.�lr f - r- `: t "j,�, � ,t ..�. • ` ; \ \ •� The applicant is proposing to construct a stable and pasture on the subject property. Currently the rear yard is thoroughly wooded with a described understory of buckthorn. The applicant does not specify a total for the tree removal area that will be done for the pasture but does state that the pasture will be a quarter of an acre. The application also states that a thin line (four to five feet deep) of vegetation along the south property line will remain. The rear yard has some buckthorn and a closed canopy consisting of a mix of basswood, black cherry, ash, boxelder and other native species. The properties adjacent to the north and along the east side of Ridge Road have Tree Conservation Easements in their rear yards. The property to the rear is a city park, Pleasant View Preserve. Overall, this neighborhood is heavily wooded. The subject property does not have a conservation easement and is governed by the city ordinance that prohibits a clear cut of a property. Staff would encourage the applicant to preserve any significant, healthy trees within the rear yard. Planning Commission 6285 Ridge Road IUP Request — Planning Case 2016-05 March 15, 2016 Page 4 of 4 Interim use permits have sunset dates. Staff is proposing that this interim use permit end with any of the following occurrences: 1) sale of the property, 2) subdivision of the property or alteration of the property lines, or 3) widening of Pleasant View Road which takes additional right-of-way from the parcel. The sale of the property would necessitate that a future owner not be allowed to continue the stable should city ordinance be revised to remove this type of use from the RSF district. However, should the use still be allowed, the new owner would be able to proceed through the public hearing process to receive approval. RECOMMENDATION Staff recommends that the Planning Commission approve the interim use permit and adopt the Findings of Fact and Recommendation subject to the following conditions: 1. A building permit is required. If the proposed construction is to be of a "pole -type" building, a signed structural engineer's design is required. 2. The applicant shall submit a tree removal plan in conjunction with the building permit application. 3. The applicant shall preserve any significant, healthy trees within the rear yard. 4. The applicant shall meet the requirements of City Code Article III, Section 5, Horses. 5. The interim use permit shall end with any of the following occurrences: 1) sale of the property, 2) subdivision of the property or alteration of the property lines or, 3) widening of Pleasant View Road which takes additional right-of-way from the parcel. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Application Narrative. 4. Reduced Stable Elevation. 5. Reduced Stable Floor Plan. 6. Reduced Lot Survey. 7. Public Hearing Notice and Mailing List. 8. Rescheduled Public Hearing Notice and Mailing List. gAplan\2016 planning cases\2016-05 6285 ridge road interim use permit\staff report link iup.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Nancy Link for an Interim Use Permit to permit construction of a private horse stable (Planning Case #2016-05). On March 15, 2016 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Nancy Link for an interim use permit to allow a private stable for the property located at 6285 Ridge Road. The Planning Commission conducted a public hearing on the proposed interim use which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Single -Family Residential District. 2. The property is guided by the Land Use Plan for residential low density use. The legal description of the property is: Lot 1, Block 1, Meyer's Addition. 3. When approving an interim use permit the city uses the standards for a conditional use permit, the city must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The private stable will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The stable will be integrated into the site and be similar to other accessory structures in the neighborhood. b. The private stable will be consistent with the objectives of the city's comprehensive plan and the zoning code. The stable will be an accessory use to a single-family home. c. The private stable will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area similar to other accessory structures in the neighborhood. d. The private stable will not be hazardous or disturbing to existing or planned neighboring uses because the stable and paddock will be contained within the site perimeters. e. The grading operation will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The grading is temporary which does not need to be served by public facilities and services. The proposed grading will improve storm water management in this area. f. The private stable will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community since this site already contains a home and will generate no additional demands on public facilities. g. The private stable will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The conditions of the approval will provide standards by which the activities should be minimized. h. The private stable will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The private stable will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The installation of the stable should minimize the removal of significant, healthy trees. j. The private stable will be aesthetically compatible with the area since the accessory structure is similar to others within the neighborhood. k. The private stable will not depreciate surrounding property values since the location will minimize its impacts on the surrounding properties. 1. The private stable will meet standards prescribed for certain uses as provided in Chapter 5, Article III, Division 2 of the Chanhassen City Code. 4. The planning report #2016-05, dated March 15, 2016, prepared by Robert Generous, et al, is incorporated herein. 2 RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit to permit a private stable on property located at 6285 Ridge Road. ADOPTED by the Chanhassen Planning Commission this 15th day of March, 2016. CHANHASSEN PLANNING COMMISSION Its Chairman 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHMHASSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 to q APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date: I — (o CC Date: ,3 —�-� t(o 60 -Day Review Date: 3 ko (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ✓❑ Interim Use Permit (IUP) ❑✓ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ Commercial/Industrial Districts*. ..................... $500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) *Include number of existing employees: *Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ( units) ✓❑ Notification Sign (City to install and remove) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots .......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat.......................................................... $700 (Includes $450 escrow for attorney costs)* *Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑✓ Property Owners' List within 500' (City to generate after pre -application meeting) ................................................ $200 ( 35 addresses) ✓❑ Escrow for Recording Documents (check all that apply) ............................................. ❑ Conditional Use Permit 0Interim Use Permit ❑ Vacation ❑ Variance ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) -pa Ce_4 G_IiI Z�` $3 per address ....................... $50 per document ❑ Site Plan Agreement ❑ Wetland Alteration Permit TOTAL FEE: $680.00 Description of Proposal: Request for an Interim Use Permit to construct a stable in the Single Family Residential (RSF) Zoning District. Property Address or Location: 6285 Ridge Road Parcel #: 254650010 Legal Description: Lot 1, Block 1, Meyer's Addition Total Acreage: 1.74 Wetlands Present? ❑ Yes ® No Present Zoning: Single -Family Residential District (RSF) Requested Zoning: Not Applicable Present Land Use Designation: Residential Low Density Requested Land Use Designation: Not Applicable Existing Use of Property: Single family residence ✓❑ Check box is separate narrative is attached. APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Address: City/State/Zip: Nancy Link 6285 Ridge Road Chanhassen, MN 55317 Contact: Phone: (952) 270-1367 Cell: Email: ' I nancy9569@msn.com Fax: Signature: le 4e 1— Date: 1/29/16 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ✓❑ Property Owner Via: ❑✓ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing (required). SAVE FORM PRINT FORM] I SUBMIT FORM SCANNED APPLICATION FOR INTERIM USE PERMIT Including the Statement of Compliance With the 12 General Standards As Presented By: Nancy Link 6285 Ridge Road Chanhassen, MN 55317 C0-01 January 29, 2016 To: The City of Chanhassen, Minnesota 7700 Market Boulevard Chanhassen, MN 55317 Our family is excited about the prospect of building a small barn/stable on our property with the hopes of eventually bringing our miniature horse to live here with us in Chanhassen. We have spenta great deal of time designing a stable/barn that would provide adequate shelter for our miniature horse and also match the look and feel of our home. The plans are attached. You will note there are two stalls in the plans, but at this time, we only have plans to have own miniature horse. It was deemed best by our builder (Mike Austin) to include two stalls should that change as they are herding animals. We used the below photo as a starting point for drawing up the plans so the structure will look very similar to this: k 41 1 f A4, �t NOTE: One big difference being that the area underneath the lean to will be Class 5 gravel and NOT cement as pictured above. sCAtolED Meet "Smoke" qiyen Smoke is the name gowto our 2 -year old miniature horse that we bought from the Buckon Ranch in Clearlake, Minnesota in 2015. Smoke is friendly and mild- mannered and enjoys interacting with people, other miniature horses and dogs. MINIATURE HORSES As you may or may not know, miniature horses make great family pets. They are not the same as ponies. Miniature horses are calm and mild-mannered animals that live to be on average 25-30 years of age. They are often brought into hospitals and nursing homes to bring a happy positive experience to those who might be lonely or ill. For now, we just look forward to having him with us, but as time goes by, we may get more involved with the miniature horse therapy community. They do make the neigh sounds of a regular size horse. 10' SHELTER As indicated in the attached drawings, we are excited about the plans for our stable/barn. It should be noted that many neighboring homes on Ridge Road as well as Pleasant View Road have similar structures on their properties; some are storage sheds, others are boathouses and the like. We think that the plans we have come up have the same look and feel of these structures. The stable/barn will be over100 feet from our home and will be situated such that the lean to is SOUTH facing so as to provide the best shelter from all elements for Smoke. It should be noted that in the summer, miniature horses get a thin coat that allows them to be comfortable on hot and humid days. In the winter, they get a wooly coat that keeps them warm, even in the sub -zero temperatures we experience here in Minnesota. This shelter will be sufficient size for him and will be free of injurious matter, maintained regularly and well ventilated with windows and sliding doors as well as a cupola. We will keep the stable/barn clean and sanitary such that it will not be a harborage for rodents, flies and insects. FENCING As you may be aware, we are 90% of the way completing an outdoor concrete pool at our home. This project began late last summer and was halted when the weather no longer cooperated. We have already contracted & obtained the permit with Dakota Fences Unlimited to fence in our property to meet the requirements for the pool. We will also be working with the Dakota to fence -off a separate area to contain the miniature horse so that he is under control and contained in the stable area. The fence will be made of sturdy wood. PASTURE The above-mentioned fence for the stable/barn will contain a quarter of an acre of our 1.72 acre lot for Smoke to graze in. The area is currently home to much buckthorn that will be removed by Schmidt's Four Seasons. They removed the trees and stumps for the pool area. It should be noted that a layer of trees (four to five feet deep will remain in tact along the south side of our property along Pleasant View Road to provide privacy. DIET Grasses and grains are the natural food of miniature horses. They can survive on lush grass and make excellent lawn mowers! Hay is a suitable substitute when grass is not available. They also should have access to a daily source of free choice salt and trace minerals; a brick of plain salt and a brick of trace mineral salt can easily be gotten at Fleet Farm or Menards. Obviously, he will always have access to clean cool water through the hydrant (part of the design plans) that will also be heated in the winter months to avoid freezing. These hydrants work similarly to a toilet that when the water level reaches a certain level, it automatically is refilled. ELIMINATION The natural odor of a miniature horse is not strong, and can be kept virtually odor -free with regular grooming and periodic bathing. Their stools are similar to that of a large dog and can easily be gathered and removed by the same service that delivers and provides hay. Winter accumulation of manure will be removed from the stable area prior to May 1 of each year. 3 � CARE & EXERCISE Vet care for a horse is also comparable to that of a dog. Yearly immunizations are required, and bi-monthly de -worming is required to keep the miniature horse healthy and protected from disease. A de -wormer can be administrated orally. They also require their hooves to be trimmed every six to eight weeks. Smoke will also be provided opportunity for periodic exercise. STATEMENT OF COMPLIANCE As stated, the barn/stable we are proposing on our property: a. Will not be detrimental to or in danger of the public health safety and comfort convenience or general welfare of the neighborhood or the city. We feel it will actually add to the welfare. b. Will be consistent with the objectives of the cities comprehensive plan and this chapter. c. Will be designed constructed operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the central character of that area. We have been very diligent in this SCANNED regard. d. Will not be hazardous or disturbing to existing or planned neighborhood uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agency is responsible for the establishment of the proposed use. f. Will not create excess of requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic noise smoke films glare odors rodents or trash. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. This holds true for both Ridge Road and Pleasant View Road. i. Will not result in the distraction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. I. Will meet standards prescribed for certain uses as provided in this article. Thank you for your time and attention to our request. Sincerely, Nancy Link and Family ATA L6g� 'uW 'uassa�uaU7 �� �—I ` � * Pel armN GQC9 Weg asJOH lull „ N a .cul s.�oj�aj4uo7 6u apouaaN ullsny m m 6 66H Et Hi ll Q lfi wcwy IV m ry �n 'I i i I i ry N a� c wdQy SCANNED :— Gxa 'uW 'uassaquaU7 � II � N PN qDPIN Gen zf :!t HWHO s A$ uiag as -qui .� 'ou! sio}oej}uo7 6ullapouaaN upsny 66.X&�fi5 a L ab_ Q U) I Ix 1 ir � o b F! o — Al— .B .8 ..4•.E .9-.4—.B•.4— .4-.E Eao' E eaaE ,00d uv9 d,i F ,000 urY as„a I I I I V I I I 6906 EHUE ,waw,are ,�oa e�nre � I I ti rj ° q x I m I ZR I I I I I I I PPVI RM apppl 1pm 7'>9EUC ��9GUC .9l — The Gregory Group, Inc. dla LOT SURVEYS COMPANY aaub6dwlxl 1962 LAND SURVEYORS REGISTERED UNDER nm I AGS OP STATE OP pu,, E OTA 73MAeeXue \'wJ, 4111.1 Z-11.1 NnoopuG., hOww,w SH2a 4111.156(43522 Surur>gnrs (�rrtifiratr Site i P -P 1, Tc c— Lor 1, Block 1, Al Caw. County, M Hardcover INVOICE NO. 83396, Bann LotLot=ma 75.995 sw ft 0a",n9 - 2,662 M k P n 422 q ft atuwrrous Dnvea y — 3.%/ sq ft Crncmte Dnveway a RV, Deck a 64 / sq k 34l sqk Ra,rpwi = 15 sgk Sc ewfk 15 M k 1 Pre Rvg = 436 sq k Prost Walk T�t.!. 255 sg k 6.733 saft vropoee naroro.er INVOICE NO. 83396, Bann Lot arca _ 75.995 w R tw� � 2.662 sgft Porch 422 sg ft atummoua Or—y 3,961 sq A C ete Orcvewaya 641 sq ft k-vr Deck 34 / sq Lt Rear pad 51— walk 15 M k t Pre k" 436 sq ft Prost Wilt Proposed 255 sq k The only easements drown are from plats of remrtl or Infomtaaon provided by client. I certify that this plsn, specilloadon, or report was prepared by me or under my direct supervision and that I em a duty Licensed land Surveyor under the laws of the State of Minnesota. Surveyed tNs 3rd day of March 2015. Signed 9— ,;reg R&-4. W.n. Reg. No. 24992 SCANNED INVOICE NO. 83396, Bann F.B.NO. 1079-66 SCALE: 1'= 2d Prop—y Add—: 6285 Ridge Road oemw Fow4 Xan Mominwl ChaMaseen,]fN O o«wus Xon atenwmm Rcnchmmk: Top Rim Mudaolest o o.noaawooa w,e sx rw nwva6on wiry 15levanonen g54.9G fcn x000.0 Derdas FshGgklmUon 0�.0 cerates Pmpos66 F]eve9on The only easements drown are from plats of remrtl or Infomtaaon provided by client. I certify that this plsn, specilloadon, or report was prepared by me or under my direct supervision and that I em a duty Licensed land Surveyor under the laws of the State of Minnesota. Surveyed tNs 3rd day of March 2015. Signed 9— ,;reg R&-4. W.n. Reg. No. 24992 SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on February 18, 2016, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 6285 Ridge Road Interim Use Permit — Planning Case 2016-05 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. a Kim . �Meuwissen, Deput Clerk Subscribed and sworn to before me this day of Qekbaga 2016. JENNIFER ANN POTTER a Notary Public -Minnesota a�+'Y'r�w • My Commission Expires Jan 31, 2020 Notary Public .P� M ,_0A S ',A ^L, U) W •E ci ''0 no i{ V CL C O. 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M C'J U (p z U)Uo�nmHa3°iUo)a¢Em-� 0- c) ALEXANDER EDWIN WESTLIND BEVERLY C HOLTZE REV TRUST BOONSIEW YEOH 825 PLEASANT VIEW RD 745 PLEASANT VIEW RD 6410 FOX PATH CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9277 BROOKS & REBECCA HAGEN CHRISTOPHE BECK CHRISTOPHER S PELLETIER 6380 FOX PATH 6250 RIDGE RD 6420 FOX PATH CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9277 DEAN E WETZEL REVOCABLE ELIZABETH V LEWIS FREDRICK & KATHLEEN ANDERSON TRUST 675 PLEASANT VIEW RD LIVING TRUST 6260 RIDGE RD CHANHASSEN, MN 55317-9509 6 WEBSTER PL CHANHASSEN, MN 55317-9438 HOPKINS, MN 55305-4455 GARY M SCHELITZCHE GEORGE F & JANET M DEAN GINA M SCHMIDT 680 PLEASANT VIEW RD 6400 FOX PATH 790 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9277 CHANHASSEN, MN 55317-9509 GORDON M & DOLORES I JEFFREY M MARSH JEREMY L WEST SPRENGER 670 PLEASANT VIEW RD 660 PLEASANT VIEW RD 6244 RIDGE RD CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9438 JERONE & EILEEN BARNES JERRY W & KATHERINE M SNIDER JODI E SPRENGER 6320 FOX PATH 6270 RIDGE RD 6401 FOX PATH CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9278 JOHN C FELTL JOHN L & CHRISTINE M KLINKNER JOHN S FESS REVOCABLE TRUST 6290 RIDGE RD 6361 FOX PATH 6280 RIDGE RD CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9438 KEITH D & SUSAN J JONES KEVIN & KATHERINE WORMS- LYNN E MAASKE 6265 RIDGE RD LYNCH 6381 FOX PATH CHANHASSEN, MN 55317-9438 6391 OXBOW BND CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9128 MARJORIE K NAGEL REV TRUST MARTIN F & CAROLYN M NYMAN NANCY F LINK 6340 FOX PATH 6341 FOX PATH 6285 RIDGE RD CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9438 ROBERT F & DIANA L DAVIS RONALD H & JANICE M MASON RYAN JOHNSON 6387 OXBOW BND 800 PLEASANT VIEW RD 695 PLEASANT VIEW RD CHANHASSEN, MN 55317-9128 CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509 SAMUEL G & LAURIE J CURNOW STEVEN J & MARY F MIDTHUN THOMAS J & JEANNE L KRAKER 650 PLEASANT VIEW RD 6225 RIDGE RD 801 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9545 TIMOTHY A KOCHER W & B GULLICKSON TRUST ETAL WILLEM HARTONG 6389 OXBOW BND 830 PLEASANT VIEW RD 665 PLEASANT VIEW RD CHANHASSEN, MN 55317-9128 CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on Thursday February 25, 2016, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Rescheduled Public Hearing for 6285 Ridge Road Interim Use Permit — Planning Case 2016-05 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim . Meuwissen, Dep rk Subscribed and sworn to before me this 95 day of 52016. ��� eu�± tary Public JENNIFER ANN POTTER Notary Public -Minnesota My Commission Expires Jen 31, 2020 CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On February 18, 2016, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: • Request for an Interim Use Permit to construct a stable on 1.74 acres of property zoned Single Family Residential (RSF) and located at 6285 Ridge Road (Lot 1, Block 1, Meyer's Addition). The public hearing has been RESCHEDULED for March 15, 2016 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Bob Generous at 952-227-1131 or by email: bgenerousaci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us/2016-05 CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On February 18, 2016, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: Request for an Interim Use Permit to construct a stable on 1.74 acres of property zoned Single Family Residential (RSF) and located at 6285 Ridge Road (Lot 1, Block 1, Meyer's Addition). The public hearing has been RESCHEDULED for March 15, 2016 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Bob Generous at 952-227-1131 or by email: bgenerous(oci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us/2016-05 ALEXANDER EDWIN WESTLIND BEVERLY C HOLTZE REV TRUST BOONSIEW YEOH 825 PLEASANT VIEW RD 745 PLEASANT VIEW RD 6410 FOX PATH CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9277 BROOKS & REBECCA HAGEN CHRISTOPHE BECK CHRISTOPHER S PELLETIER 6380 FOX PATH 6250 RIDGE RD 6420 FOX PATH CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9277 DEAN E WETZEL REVOCABLE ELIZABETH V LEWIS FREDRICK & KATHLEEN ANDERSON TRUST 675 PLEASANT VIEW RD LIVING TRUST 6260 RIDGE RD CHANHASSEN, MN 55317-9509 6 WEBSTER PL CHANHASSEN, MN 55317-9438 HOPKINS, MN 55305-4455 GARY M SCHELITZCHE GEORGE F & JANET M DEAN GINA M SCHMIDT 680 PLEASANT VIEW RD 6400 FOX PATH 790 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9277 CHANHASSEN, MN 55317-9509 GORDON M & DOLORES I JEFFREY M MARSH JEREMY L WEST SPRENGER 670 PLEASANT VIEW RD 660 PLEASANT VIEW RD 6244 RIDGE RD CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9438 JERONE & EILEEN BARNES JERRY W & KATHERINE M SNIDER JODI E SPRENGER 6320 FOX PATH 6270 RIDGE RD 6401 FOX PATH CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9278 JOHN C FELTL JOHN L & CHRISTINE M KLINKNER JOHN S FESS REVOCABLE TRUST 6290 RIDGE RD 6361 FOX PATH 6280 RIDGE RD CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9438 KEITH D & SUSAN J JONES KEVIN & KATHERINE WORMS- LYNN E MAASKE 6265 RIDGE RD LYNCH 6381 FOX PATH CHANHASSEN, MN 55317-9438 6391 OXBOW BND CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9128 MARJORIE K NAGEL REV TRUST MARTIN F & CAROLYN M NYMAN NANCY F LINK 6340 FOX PATH 6341 FOX PATH 6285 RIDGE RD CHANHASSEN, MN 55317-8322 CHANHASSEN, MN 55317-8323 CHANHASSEN, MN 55317-9438 ROBERT F & DIANA L DAVIS RONALD H & JANICE M MASON RYAN JOHNSON 6387 OXBOW BND 800 PLEASANT VIEW RD 695 PLEASANT VIEW RD CHANHASSEN, MN 55317-9128 CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509 SAMUEL G & LAURIE J CURNOW STEVEN J & MARY F MIDTHUN THOMAS J & JEANNE L KRAKER 650 PLEASANT VIEW RD 6225 RIDGE RD 801 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 CHANHASSEN, MN 55317-9438 CHANHASSEN, MN 55317-9545 TIMOTHY A KOCHER W & B GULLICKSON TRUST ETAL WILLEM HARTONG 6389 OXBOW BND 830 PLEASANT VIEW RD 665 PLEASANT VIEW RD CHANHASSEN, MN 55317-9128 CHANHASSEN, MN 55317-9545 CHANHASSEN, MN 55317-9509 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 15, 2016 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, John Tietz, Nancy Madsen, Lisa Hokkanen, and Maryam Yusuf MEMBERS ABSENT: Steve Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Drew Ingvalson, Planner, and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Dan Hanson 1450 W. Farm Road, Chaska Keith Jones 6265 Ridge Road Ryan Majkrzak 9001 Lake Riley Boulevard Jack Fess 6280 Ridge Road Peg Schelitzche 680 Pleasant View Road PUBLIC HEARING: 6285 RIDGE ROAD. PLANNING CASE 2016-05: REOUEST FOR AN INTERIM USE PERMIT TO PERMIT CONSTRUCTION OF A STABLE ON 1.74 ACRES OF PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 6285 RIDGE ROAD (LOT 1. BLOCK 1. MEYER'S ADDITION). OWNER: NANCY IFIL rX Generous: Thank you Mr. Chairman, commissioners. Planning Case 2016-05 is a request for an interim use permit to allow a property owner to build a private stable on their property. Again tonight is the public hearing and this item will go forward to City Council on March 28"'. The applicant is Nancy Link who lives at 6285 Ridge Road. I should point out that I did provide 3 pieces of correspondence that were submitted after the staff report went out. All 3 of them are opposed to approval of the interim use pen -nit for the stable. I did want to explain one of thein was talking about a side issue about the construction of a pool on the property. They have a valid permit for that and there's nothing under our city code that requires that they provide the barriers around the hole in the ground. It would be like the City requiring that for every basement that was constructed in the city and dug out. It's only prior to filling the pool that the city code requires that a fence be installed on the property so. The other item. Chanhassen Planning Commission — March 15, 2016 Aller: If I could just for the record, we have received all 3 items and they will be part of the packet which will be reviewed and then received by the City Council for final action. Thanks Bob. Generous: Thank you. And the second part of it was the shrubs that were taken out and trees and scattered on the site. We had been in contact with the property owner and she's agreed to work with her contractor to get that cleaned up so those items will be addressed otherwise. The property's located at 6285 Ridge Road. It's right on the corner of Pleasant View and Ridge Road which is a private street. It's in the northeast quadrant. The site slopes down from the west to the east. To the east is the Pleasant View preserve which is a natural area. It's wooded in this area and then there's a big wetland complex and then an open water body. The property is zoned single family residential. Under the RSF district regulations one of the interim uses is a private stable for horses. The requirements for getting that are that they comply with Chapter 5 which is our stable permit requirements which specifies all the things that a property owner would have to do. This property is 1.74 acres in size. City code requires a minimum of 1 %2 acres for up to 2 horses and then another half, 2 acres if you want 3 horses and then a third acre for each additional horse. The easterly part of the site is, has a significant canopy area. Some of the understory trees and buckthorn have been cleared out by the applicant and their contractors. Again the request is the interim use permit for a private stable. The RSF district permits stables as interim uses. What an interim use means is that at some point there is a sunset date on that. As part of staff's recommendation we came up with 3 items that would trigger that event. One would be the sale of the home or the property. A second one would be a subdivision of the property which would make it smaller than ordinance requirements. And the third would be if the City would have to widen Pleasant View Road and take additional right-of-way to make that work. We believe that is, the sale of the property allows that if the City should in the future amend it's ordinances to preclude this type of use that it would not have a non -conforming status that would be allowed to be continued so. Again the interim use is to construct a private stable on a property zoned single family residential. It's to allow the owners to have horses and in this instance while they currently are proposing that they only have one, a miniature pony, ordinance would allow them to have up to 2 horses. This is a schematic of their property. This is the area where the pool is going in. It's on the north central part of the site. House is located here. You can see all the contours. It drops down the hill. They're looking someplace in this area to put the stable in and then the wetland is off the screen. They exceed the minimum requirements of separation in city ordinance so. They would have to come in for a separate building permit if this item is approved by the City Council. As part of the approval they would need to have, Chapter 5 has what is it? Ten criteria for the approval of a stable permit. Some of the opposition to this is a concern about noise and you know rodents and smells. However under our stable permit they're required to keep that in a clean shape and one of the specific conditions are the shelter or stabling facility shall be clean and sanitary such that it would not be a harborage for rodents, flies and insects. The City has the right as part of the stable permit operation to inspect that so if there are complaints we can go out and make sure that it is kept in a wholesome manner. Manure has to be trucked off the site every once in a while. Unfortunately for the horse this site does not provide enough forage for it so they'll have to bring in hay and oats for it to be 2 Chanhassen Planning Commission — March 15, 2016 fed so. Again they're going to have to enclose this. They have to meet all the requirements of city code. Annually they would need to come in for a stable permit and at that time we would, we do have an inspection that our stable inspector performs prior to issuance of the annual permit. It will be a one story structure. Again has to come in for building permit approval if this is approved by City Council. Footprint, there's 2 proposed stalls in it. The lean to area on the east and then the area for storage on the west side of it. Pretty basic facility. It will blend in with the neighborhood. It's you know attractive building as far as accessory structures go and it's really not that big. 32 feet total from one end to the other and 16 feet wide so. Staff is recommending approval of the interim use permit to permit the private stable subject to the conditions of approval in the staff report and adoption of the Findings of Fact and Recommendation. With that I'd be happy to answer any questions. Aller: Just real quick what's our enforcement capability on Title 5? So if they don't meet the requirements, they don't pass an inspection what is the City going to do? Generous: The City may revoke their stable permit. Aller: And if they revoke their stable permit and they say we have a horse here we won't go then we have to take legal action? Generous: That's correct. Like any other code enforcement issue. Aller: Any questions at this time of staff based on the report? If the applicant would like to come forward we can hear from the applicant. If you could state your name and address for the record that'd be great. Nancy Link: Hello. Yes I am Nancy Link and I live at 6285 Ridge Road. Aller: Great welcome. Nancy Link: Thank you. I just wanted to start by especially thanking you Mr. Generous. I know we've worked a lot over the last several weeks but I want to thank all of you, Chairman Aller and all of the City Council members. Thank you for your public service and I just want to thank you for this time tonight and this opportunity to speak with you about my family's request for a permission permit to build this stable. He did a great job. I probably don't have to go into too much more but my goal for the time tonight is just to keep it short and sweet and informative and productive. As I stated in my narrative to Mr. Generous on January 29" the reason that we want to build this stable is for a 3 year old miniature horse that we currently have at the breeder in Clearwater, Minnesota. It's about an hour drive one way so our goal is to get him home so that we can spend more time with him. In an effort to be very forthcoming with the people in my neighborhood I provided them a copy of basically the narrative that I had provided City Hall. Some people have stopped by to share in their excitement but others have voiced their concerns and the bottom line that I just want to voice tonight is that I am fully prepared to not only 3 Chanhassen Planning Commission — March 15, 2016 enhance this neighborhood but to keep everything just as clean and pretty as it already is. We know that it's going to be a lot of work. My daughter when we go to visit the horse she does work at the stable. She can't wait to get up there and do it and she can't wait to get up in the morning hopefully and do it at her home. So we believe that he's going to bring a lot of joy to our family. He already has and we hope that ultimately it will be a fun thing in the neighborhood but there was on the committee's summary, the planning committee case summary those 5 points that you indicated. That the structure be of sound, solid construction and it will also be aesthetically complimentary to the look and design of our home. We will definitely submit a tree removal plan in conjunction with the building permit and our goal is to preserve any healthy trees and just get rid of things that shouldn't be there anyway to make room. And then 4 and 5 is to meet all the city code Article 5 or Article III, Section 5 requirements. The only thing that I wanted to clarify under the discussion points, the last part of that paragraph. It starts out, it should be noted that fences for pool enclosures must be a minimum of 5 feet high. And then it goes onto say if the applicant intends to use the same fence for both the pool and the pasture they must increase the height to 5 feet. I just want to make sure I understood that because. Generous: As part of the permit application for the fence that the City had it said it was a 4 foot high fence. Nancy Link: Oh okay. Generous: So I was trying to clarify that. Nancy Link: Thank you, okay. Generous: It has to be 5 feet. Nancy Link: Okay great. I did not catch that part earlier. Thank you very much. So I'm happy to take any questions and hopefully I can answer them. I have some wonderful people on my team, none of which could be here tonight but they said that they would be happy to answer anything as well if there's questions that I can't handle. I think that's it. Thank you so much. Aller: Any questions at this point? Commissioner Madsen. Madsen: I have a question about the fence. So is there a separate fence that will be around the pool area that's different than the one that would be around the perimeter of your yard? Nancy Link: Yes and essentially the fence, the pretty part of the fence that will be made of cedar is going to go along the north side of the home and then once it turns into the more of the brushy part of the, of my property line it's going to be a black vinyl coated chainlink fence that will come directly from the north to the south and will actually enclose the whole property for, not the whole property but the whole back yard for the pool and then contained within that will be 4 Chanhassen Planning Commission — March 15, 2016 the small stable with a small pasture area separately. So almost concurrently, does that snake sense? Generous: Side by side. Madsen: Side by side so two separate fence areas? Nancy Link: No so if, if this is the fence around the property of the pool, within that will be a smaller area that will have the stable and a smaller fence just for that. Just for the horse. Does that make sense? Aller: How large is the smaller fence? Nancy Link: You know we have, gosh my, the Dakota Fence Company has come out and laid out all those measurements but essentially it's going to be whatever the minimum that is required for one miniature horse to have adequate pasture grazing capability. Aller: Okay and then could you tell us a little bit more about the horse itself? The size. The function. Nancy Link: Yep absolutely. Miniature horses, they've been around for a long time. They're very popular in Europe and they have slowly, in the 70's they started to make more of an appearance in the United States. My daughter, she is 11 and like most little girls she loves horses and when she turned 10 she really wanted a horse and she knew that wasn't going to happen and so she discovered Google and then she discovered miniature horses and so as we started to learn more about them they really strictly are a family pet. They don't have work capabilities. They're not meant to be ridden. You cannot saddle them and ride them and so it's more of, it's almost like a dog because you can teach it to do tricks. You can take it on walks. There is a community in Minnesota that does horse therapy where you can, miniature horse therapy. You take them to visit nursing homes or hospitals or the like just because they're a nice therapeutic type of, what's the word. Demeanor about them so they're calm. Very mild mannered animals and so we have come to know Smoke is his name. We go up and visit him quite frequently and he's just a delightful little guy so. Aller: Great and you said you had a lot of people on your team. Are they friends, neighbors or are they professionals? Nancy Link: Yes. Bob Rennon is with Minnesota Green and he's been an integral part of kind of everything. Dakota Fence, Rick Fisher has been my contact with that. And then Mike Austin is a builder, remodeler who also has 10 horses of his own so he helped design the stable that we put together. And the pool guy as well but he's not really a part of that so I guess that's it. 5 Chanhassen Planning Commission — March 15, 2016 Aller: And then before I let you go, maybe somebody else has some questions but have you had an opportunity, you indicated some people had shared with you things that they didn't like. Can you address some of those? What they were and how you intend to work those things out. Nancy Link: Yes. My understanding is that there is a concern about noise which he doesn't make a lot of noise. He does make the sound of a horse but it's just, it's not as boisterous as like a full sized horse. He weigh 175 pounds. Miniature horses can get up to 250 pounds but he is a full sized, full grown guy so hopefully he won't gain an extra 75 pounds but they, let's see. So one concern was the noise and then the smell and you know thankfully these are not, you know this is one small horse. It's not like a big herd of horses so I'm not concerned about that. I absolutely agree. I don't want to smell it either but that will be part of the maintenance and keeping up and the work that is involved with having an animal like this. Let's see. There is a concern about coyotes which is already been a concern in the neighborhood but I don't know how else, you know I know that as far as the construction goes that there has been some debris that was placed and one of my neighbors has noticed trackings from a coyote and so that is something that I just learned about yesterday. Or was it yesterday? Yeah and so I'm already on that. But I think coyotes and deer and squirrels, you know these are all part of our natural environment but hopefully it doesn't bring lots of coyotes in the area. I don't know if that's. Let's see what else? I guess that's it. Aller: Any other questions? Tietz: Yeah Andrew. Aller: Commissioner Tietz. Tietz: Yeah I just have a question. There appears to be a pretty significant drainage ditch just kind of wandering or meandering. Not a creek but a ditch that goes to Silver Lake and into the wetland. How would you propose to contain any drainage from the paddock or the corral because it appears that you know it's a heavily wooded lowland vegetation area. Nancy Link: Yep. Tietz: I would think you're really not, I'm sorry to make a comment about this, in my estimation it's going to be very difficult to grow any grass down there with all the shade that you have so you're essentially creating a corral or a holding area. So how are you going to deal with that and how are you going to deal with the runoff to Silver Lake? Nancy Link: Right. So Bob and I, as well as Mike Austin have had lots of discussions about that and part of several thousand dollars worth of work is going to go into grading that area so it becomes a flat area for him as well as getting rid of lots of the trees that are providing shade that doesn't necessarily need to be so shaded back there so I mean we're not going to clear out the whole area by any stretch but we definitely you know we're having an irrigation system put in :'7 Chanhassen Planning Commission — March 15, 2016 with the pool so hopefully we can create a nice pasture that has a lot of grass and we can keep the runoff. I don't know the technical terms for all that but it's definitely, that is on our list of areas. Tietz: So will there be a grading plan submitted. Generous: As part of the building permit. Tietz: So the entire area that's proposed as a pasture would have a grading plan submitted in conjunction with the application? Generous: Yes. Tietz: Okay. Aller: My assumption is they'd also have the typical requirements for the silt fence and things for purposes of construction to protect the water. Generous: Yes. Engineering will review their grading plan and all those things get added as part of our building permit review. Aller: And because we don't have those plans and it hasn't been approved yet, then the City hasn't been involved in taking a look at it in any form or fashion at this point? Fauske: That's correct. Aller: Any additional questions of the applicant? Nancy Link: Don't want to get the cart before the horse right? Aller: Alright. Nancy Link: All set, thank you Chairman. Aller: Great, thank you. Okay we'll open up the public hearing. And invite anyone here who wishes to speak either for or against the item to come forward. Come up to the podium and state your name and address for the record. And then your position. Let's have a good conversation about what you think. Jack Fess: Well good evening Planning Commission and good evening Nancy. I live directly across from Nancy and I've been out in Colorado skiing for the last 9 weeks so I rushed home nonstop believe it or not in my car. 16 hours so I could be here to this meeting and the letter that my neighbors, well first of all I've managed the Ridge Road Chanhassen section for 33 years 7 Chanhassen Planning Commission — March 15, 2016 right now and this road goes all the way back from the subdivision from the time Nancy Marino was the mayor here to come down with City Council. When that property was all subdivided. That total property on the right hand side as you're going up from Nancy's corner to the chain is 7 acres. Now I spent considerable time this morning talking to Dr. Marr who owned that property and I want to give City Council a little bit of history of that property if I can so that everyone, I mean I've been here 34 years. I've been managing the road 32. He's been here 46 and there is a history of that property with horses and I'd like to let you know. Okay at one time Dr. Marr's bought that property in 1972. He's a Urologist that's retired. Raised his 2 children there. Prior to him that property was owned by a man and a woman who had 2 horses. That fence came from Libby, Montana. Was shipped all the way to Minnesota and installed there because this guy's father was in the lumber business. We had a death that took place on that property when a horse, a young kid came through the corral area which was from the original house down to the corner and he got kicked in the head by a horse. Now that's before I got there. The gentleman's, the son's name, the family's name was Lindquist. There was a lawsuit involved. A divorce involved with the guy that owned the property. Subsequently the lawsuit, the kid was a vegetable I understand. Aller: Sir, what I'd like to do is kind of narrow the issue down to the problem with horses at the location. Jack Fess: Okay here's the situation. The property would have never been subdivided if Mr. Marr, Dr. Marr knew anybody would apply for a horse, whether it's a small one or big one. One of the things when he came on that property, Dean Wetzel, Mrs. Wetzel still lives across the street from that property 3 doors up from Nancy on the lake side. We're all on the lake side and it's the first thing they said to Dr. Marr you better not be putting a horse. Now we were a township back then. That's one thing but we're not a township today and he said, he looked at Mr. Wetzel, he didn't even know the situation and said what are you out of your mind? So we did have 2 horses on there. Now we have 13 houses on the street. We checked with every owner. The ones that are in Florida for the winter. We have one neutral and we have 12 against this and I can only tell that we will go to City Council if we have to bring counsel with us. Now I sent a letter, I hope everybody has gotten it on behalf of my neighbors addressing these. Now the thing that I'm shocked about coming back and hearing that in the city of, in the town of Chanhassen if you have 1.8 acres or 1.75, whatever the planner mentioned before you can possibly put a horse on it. That total property on both sides up there is 14 acres and if you look at that there's, there's basically those properties are all 1 acre plus. The neighbor across the street who lives next to me has 2 acres and about a $4 million dollar house. Now we have 4 homes going up right now on Christmas Lake. All of them in the Shorewood side and none of them are less than $4 million dollars. Now this is a pretty prestige area. We're paying a lot of taxes down there so here's our basic concerns. Our basic concerns is we're in a residential area. We've had horse problems before on Christmas Lake when it was across County Road 17. If it wasn't for Frank Beddor that lake would have been polluted. We fought it for years when we had commercial horses. We haven't had another horse in that area since 1970. Pat Cunningham who happens to be the father-in-law of this doctor got rid of his horse after this accident took E Chanhassen Planning Commission — March 15, 2016 place and that's the property where you come around Pleasant View Road to start down the hill on the right hand side. Pat had one horse. He got rid of the horse. We had 2 horses over on Christmas Lake Road that caused problems with runoff going into Christmas Lake. Them horses haven't been there for 20 years. I'd like to know of one other place around where we live where there's any horse whatsoever in Chanhassen. I'd like to go see it and see what's going on. Does any, and the other question I ask, if you had a house that's in a million dollar plus range, which most of those houses are, would you want to be on a private road with a farm animal across the street in this day and age? I don't think so. Now one last thing. We have one neighbor who probably has the biggest horse ranch in this area here that lives 4 doors up. This happens to be the Bar Knot, what town's it in Deanna? Deanna: Out by Orono. Jack Fess: Out near Orono that was, here's a Cargill family. The grand daughter that owned that. They have jumping horses and she takes them all over the world. Flies them in airplanes even to Dubai. Aller: Okay sir we have to stay with this property. Jack Fess: Okay, her answer is when we read the letter to her, she not only thinks it's not a good idea. She thinks it terrible for the small horse to be there by himself with no other horses. They've got a llama out there. They even has a zebra for God's sakes in that training stable out there. There are places you can put a horse that's closer than where this horse is being stabled today and all due respect we're just shocked as neighbors. Shocked at the idea that someone would build a new swimming pool and then put a horse in the same property. So we are very upset and as I read this letter, if you want me to read it out for the general public. Have you all have a copy it wouldn't be necessary. Aller: It's going to be on the website and you can receive, you can take a look at it and anyone at home. Jack Fess: Well we have 13 residents including Nancy. We have 11 no, one neutral. And we all have to live together and we do get along together. I don't think there's a better place in Chanhassen to live. We let everybody come up that private road. We have no problems whatsoever with neighbors but this is not a very good idea for where we live. I love horses too but I just came back from Aspen. I researched that whole valley for 50 miles. You couldn't put a horse in the town of Aspen or Vail, Colorado today. You couldn't put it in Edwards. You couldn't even put it in the next town down. You'd have to drive 50 miles where people are stabling their horses out there because they just have zoning laws that you can't do this so I mean I don't think this is a Chanhassen of 25-45 years ago and I don't think anybody on this Planning Commission would want to live on a private road where a horse in this day and age with little kids are going to take care of it with a busy schedule everybody has and the snow we get. And the other question I have, do we have electric in there? Do we have running water? How do you E Chanhassen Planning Commission — March 15, 2016 keep it from freezing? I don't know so all I can say we love Nancy and her family but this is not a good idea and she did not bring it to us before she went to you guys or we would have tried to talk to her so this is what happens when you don't communicate. I'm sorry. Aller: Well we appreciate your passion on the subject and thank you for sharing with us. Any other individuals wishing to come forward. Keith Jones: Yes please. I'm Keith Jones. I'll keep it real short. Aller: And your address please. Keith Jones: 6265 Ridge Road so I'm right next to Nancy. Aller: Thank you. Keith Jones: Love Nancy. Most fun neighbors we've had in that house ever so that's been fantastic but we've been there 19 years. Owned the property for 19 years. Been there 17. Owned it for 19. My concern, it's not the cute little horse. It's the fact they can have 2 full grown horses in there. That's true smell. That's true property value, devaluation and other issues like that that happen. And I am quite concerned about the coyote issue. Yes we already have them but it will only get worst if something's penned right there. My dog was killed within 100 feet of where that stable would be by a coyote about 10 feet out our back door while she was going to the bathroom. Aller: Sorry to hear that. Keith Jones: While I was watching her and they came in a pack and all that. Well anyway the point is just don't feel it's right for our neighborhood. Love the Link family. Don't want anybody to feel bad and I also really appreciated Mr. Generous because I did have a couple questions about trees and stuff and I appreciate you taking care of those so thank you very much for your time. Aller: Thank you for sharing your information. Any other individuals wishing to come forward at this time to speak either for or against the item before us? Seeing no one come forward I'll ge ahead and close. Peg Schelitzche: I do have a comment. Aller: Oh we do have a person coming forward. Take your time. State your name and address for the record please. Peg Schelitzche: Peg Schelitzche and we live at 680 Pleasant View Road which is just adjacent there. It's that buffer between the two and we just have a couple questions. First of all I'm not Chanhassen Planning Commission — March 15, 2016 seeing on the map exactly where the stable is going to be. Is that, it's not up there now. Okay. So it's way down in the bottom left hand, bottom right hand corner and we're the house, then there's buffer land inbetween and then we're the house, the next house right on the corner on 680. We're just concerned as to, first of all the runoff of the leftovers from the horse and all that and also my husband was concerned also, is there going to be, right now they're working on the property as I understand it with the retaining wall and the pool is going in but there's not going to be an access onto Pleasant View Road or is there? Fauske: An access to? Peg Schelitzche: An access, another driveway onto Pleasant View Road. Fauske: No. Peg Schelitzche: No. Okay right now there is because the workers are using that. Fauske: Construction entrance. Peg Schelitzche: Construction okay and so that's just what our concern was is that there would not be another access to get to the stable or anything like that or for trailering or whatever you're doing with that to be on Pleasant View Road because we don't need more on Pleasant View Road that's for sure because we all know it's a bad road to begin with but that was all the concerns we had and we, like I said I didn't see this map in the printout so I wanted to know exactly where this was going to be. Thank you. Aller: Great, thank you. Anyone else wishing to come forward? Seeing no one come forward I'll close the public hearing and open it up for commissioner comments or questions. Any feeling on it? Madsen: I shared. Undestad: I have a question for Bob there. Maybe you can clarify the potential for 2 large horses on there. The acreage, the coverage, is the land structure? Generous: The land is sufficient to permit up to 2 horses. Undestad: So whether it's a flat pasture or a cliff down, as long as it's that acreage they can. Generous: Yes we were looking at amending the ordinance what is it a year ago but it wasn't pursued. Undestad: Okay. 11 Chanhassen Planning Commission — March 15, 2016 Aller: If they wanted to upgrade to allow 4 horses would the structure also have to change then? Generous: I don't believe. Aller: Because if they built this for a miniature horse and they wanted to bring in 2 horses would they have to come back? Or would they have to get a building permit and change the building? Generous: They would just, if they had to change the building they would need a permit but they wouldn't knave to come back to Planning Commission. This is, their approval is now for interim use permit to have a private stable. And I would have to ask Carol, our horse inspector whether or not this facility is adequate for full sized horses or if it's undersized. Aller: Any further questions or comments? I'll entertain a motion to either table or pass or fail or? Yusuf: I'll make a motion. Aller: Commissioner Yusuf. Yusuf: The Chanhassen Planning Commission recommends that City Council approve the interim use permit to permit a private stable subject to the conditions of approval and adopts the Findings of Fact and Recommendation. Hokkanen: Second. Aller: Having a motion and a second, any further discussion? Madsen: I do not. Aller: Commissioner Madsen. Madsen: I do not support that. I think there are concerns from the neighbors with regard to the use of that property and how the neighborhood has grown and I just, I would not support that motion. I also have concerns about the waste and trucking it out and the fact that if you approve this for a private stable that doesn't limit it to miniature horses. That large, regular sized horses could potentially be there. Generous: Yes theoretically they can have up to 2 horses on this property. Nancy Link: Can I address that? Aanenson: Can I just get clarification on what you're discussing. ...the interim use permit I wanted to separate. So the building permit's a separate process. You're not hereto review the 12 Chanhassen Planning Commission — March 15, 2016 building plans. We're showing that for your edification to show what it could be so that will be managed through, looking at the drainage, the grading and all that to make sure it meets all the setbacks and accessory structures, square footage so the item before you tonight is whether or not it meets the criteria for an interim use permit and those are limited to in the ordinance. Does it meet the criteria of the zoning regulation? It's a permitted use in the zoning district and is that, and that we gave a date of termination. Aller: For a sunset. Aanenson: Yeah, a sunset date so we gave 3 criteria on that. One if the owner changes. Road improvements and, what was the third one? A subdivision were to occur and then the City would at no additional cost, let's see. The City will impose additional cost is the public, if it's necessary to take property in the future so this would typically apply to some other where we're subdividing or additional sewer and water would be a requirement so if they meet all those conditions that's the criteria that we're looking for. Aller: And I think that's where Commissioner Madsen was going. I think what she's looking at is the ability for the scope to be changed from what the request is with a miniature horse to the ability if it's approved to just move in 2 horses. Aanenson: Right, again we're not looking at, we're looking at the interim use for the horses. We're not looking at size. We're not, we're silent on that. We're just saying does this lot meet those requirements and in order to address those issues we try to clarify where the barn's going to sit. How it's going to be managed. Will it be fenced. All those other conditions to make sure it meets regulations. Not to dismiss those other comments because those are certainly always important and if there are nuisance problems that we would go out and inspect those. Aller: What I'm hearing from the City after it's investigation and from reading the report is that it does meet all the requirements statutorily. In our zoning. Generous: Yes it appears so. Aller: And then the question for us would be has anything been presented tonight which would put those findings into question as finders of fact and that would be the determination in your minds whether or not you feel as though it meets the requirements based upon what we have before us or it doesn't. So based on is there any other comment or based on that information and the comments and the motion and second before us. Any further discussion? Yusuf moved, Hokkanen seconded that the Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit to permit a private stable subject to the following conditions and adopts the Findings of Fact and Recommendation: 13 Chanhassen Planning Commission — March 15, 2016 A building permit is required. If the proposed construction is to be of a "pole -type" building a signed structural engineer's design is required. 2. The applicant shall submit a tree removal plan in conjunction with the building permit application. 3. The applicant shall preserve any significant, healthy trees within the rear yard. 4. The applicant shall meet the requirements of City Code Article III, Section 5, Horses. 5. The interim use permit shall end with any of the following occurrences: 1) sale of the property, 2) subdivision of the property or alteration of the property lines or, 3) widening of Pleasant View Road which takes additional right-of-way from the parcel. All voted in favor, except Commissioner Tietz who opposed and the motion carried with a vote of 5 to 1. Aanenson: Then just for clarification for the neighbors this item is scheduled to appear on the 28tH, the City Council meeting on the 28th. Aller: On March 28th. Aanenson: March 28th, right. Right. Again our staff report was saying did it meet those merits. We're not judging whether or not it's a good neighbor or not. We're just saying did it meet the intent of the ordinance so that will be scheduled then for the March 28th and all the information that was presented as well as the verbatim Minutes will be attached to this item going forward to the City Council. Aller: Correct and those of you at home or present who want to follow that also can receive these reports and see these reports on the City's website under the Minutes of the Planning Commission and also on the, the different City Council Minutes section so as it comes forward and it moves forward as a package you'll be able to click on that link and look at the PDF's including any reports, letters, information and the verbatim information and documentation that was received tonight. Okay moving forward to item number 2. 14 Gary and Peg Schelitzche 680 Pleasant View Road Chanhassen, MN. 55317 Home # 952-470-0399 March 23, 2016 The Honorable Denny Laufenburger Mayor of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN. 55317. The Honorable Don Campion. City Council Member of Chanhassen The Honorable Jerry McDonald. City Council Member of Chanhassen Dear Mayer and City Council Members: The Honorable Elise Ryan City Council Member of Chanhassen The Honorable Elise Ryan City Council Member of Chanhassen The Honorable Bethany Tjornhom City Council !ember of Chanhassen Re: March 28, 2016 City Council Meeting Link Use Permit, 6285 Ridge Road, Chanhassen, Case 2015-05 The March 15th planning meeting on the above subject was constructive relative to city ordinances currently on the books and the opposition by adjacent neighbors on Ridge Road and Pleasant View Road which are in direct proximity to this property. Three years ago there was discussion that the city ordinances be changed to not allow livestock within the city however it was never acted upon. Considering the growth in this area, the traffic on Pleasant View Road and the possibility of home and land values depreciating, we feel that in a neighborhood setting, livestock of any kind should not be allowed. Maybe the city planners should reopen this subject. We believe the majority of the Planning Commission, the City Council, City Staff and our Mayor would not support this variance if it was adjacent to their personal properties. I would like for each Council Member to personally visit the property, look at the contours of the land and runoff consequences into Silver Lake. Ordinances are here to protect our properties and do need to be re -constructed as the city grows. Thank you for listening to your constituents of this neighborhood. Sincerely, Gary and Peg Schelitzche CITY OFCHANHASSEN RECEIVED MAR 2 4 Z(j 16 CH4NHASSEN RANNING DEPT John S. Fess 6280 Ridge Road Chanhassen, MN 55317-9438 Home 952-474-0045 Cell 612-845-6243 March 21, 2016 The Honorable Denny Laufenburger Mayor of Chanhassen 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 The Honorable Dan Campion City Council Member of Chanhassen The Honorable Jerry McDonald City Council Member of Chanhassen The Honorable Elise Ryan City Council Member of Chanhassen The Honorable Bethany Tjornhom City Council Member of Chanhassen Dear Mayor and City Council Members: Re: March 28, 2016, City Council Meeting Link Use Permit, 6285 Ridge Road, Chanhassen, Case 2016-05 "lTYOFCHANHASSEN RECEIVED CHANHASSEN PLANNING DEpr The March 15th planning meeting on the above subject was constructive relative to city ordinances currently on the books and the opposition by all adjacent neighbors on Ridge Road and Pleasant View Road who are in direct proximity to this property. We learned, and the minutes will reflect such, that the city planners had discussed changing the current ordinances on the books three years ago to address the livestock issue within the city; however, it was not completed or acted upon for unknown reason(s). This came up (about 35 minutes into the archive video) at the Planning Commission session and was brought to light by Mr. Generous. Homeowners who live directly north, south, east and west of 6285 Ridge Road voiced their opinions and strong opposition to allowing livestock in our neighborhood at the Planning Commission meeting. Additionally, some homeowners sent a letter, email and/or presentations, of which we learned will be forwarded to you for review. For the record, we have not had livestock (horses) on any property in our neighborhood since 1970, over 45 years ago. The current city laws are certainly outdated relative to 2016 standards. My letter to Mr. Generous, dated March 7, 2016, (copy enclosed) and my public comments at the March 15th Planning Commission meeting outline our Ridge Road South concerns, as well as many neighbors to our north along Ridge Road North and Silver Lake, to our south in Fox Chase subdivision and homeowners east and west along Pleasant View Road. We do not want livestock in our neighborhood. I am certain well over 90% are in agreement and would be willing to walk a petition for signatures, if necessary. City of Chanhassen Leaders March 21, 2016 Page 2 Regardless of the current laws, we believe the majority of the Planning Commission, City Council, City Staff and/or Mayor would not support this variance were they to live adjacent or near the subject property. We respectfully request the following: 1. Each Council member personally to visit the property and look at the plans, contours of the land, trees and runoff into Silver Lake. 2. Please re -look at current laws and re -construct them to conform to 2016 standards. In conclusion, please do what is right for the large majority of taxpayers on Ridge Road and our neighborhood, in general. incerely, ack Fess Enclosure cc- Mr. Todd Gerhardt, City Manager John S. Fess 6280 Ridge Road Chanhassen, MN 55317-9438 Home 952-474-0045 Cell 612-845-6243 March 7, 2016 Mr. Robert Generous Senior Planner City of Chanhassen Planning & Zoning 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 CGUMI-1-1y Dear Mr. Generous: Re: Link Interim Use Permit, 6285 Ridge Road, Chanhassen; Case 2016-05 Thank you for the notifications pertaining to the potential change of property use in our neighborhood. I serve as road manager for the south portion of our private road, and we've polled the neighbors on the Carver County stretch of Ridge Road. While we love Nancy and her family and have welcomed them into our neighborhood, the large majority of the neighbors on Ridge Road South in Chanhassen oppose the use of the land for livestock. We enjoy a quaint, quiet, close-knit and serene area along Christmas Lake, with some of the highest taxes in the county. Our area is sought after for this reason, and we have little turnover in our neighborhood. Many have lived here 20, 30 — 40 years plus. The large majority want to keep this atmosphere with no changes. A few of the objections include: • Home and land values will decrease. We are not a farming community. Livestock in the neighborhood will be a detriment to our property values. We've consulted local lake area realtors. • Noise and smell is a real concern, as well as runoff from the property leaching into Silver Lake. • Livestock will attract vermin and varmints. Coyotes are present and a concern in our area. Within the past couple of years, a neighbor's dog was attacked by a pack of coyotes and killed in the evening with the owners nearby in the yard. • Neighbors are not opposing the structure, but a miniature horse on the property is not appropriate. It is a shady property, with little to no sunny pasture area and is surely not ideal for a Ione horse. The horse should be housed with other animals — on a farm or established stable facility outside the city. I speak for the majority of my neighbors on Ridge Road South. We strongly oppose the proposed variance and ask the Planning Commission and City of Chanhassen to decline it. Respectfully submitted, J k Fess