8. 850 Flying Cloud Dr-Amend IUP & Variance Rqst for sign
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PC.DATE: 8/20197
<;QJATE: 9/8/97
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CA$E fl.: 96,,:~ IUP
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STAFF REPORT
-PRoPOSAL:
(1) An amendment to interim l1se pen;nit 96-2 to ~ow a tbirty..two (32) sq.
ft. monument sian. ,
(2) A request for an eight'(8) foot variance bthe twenty-four (24) Sq. ft.
monument.~t .. '. ' '
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WCATION:
850 Flying Cloud Drive
'(NorthwestoornerofHwy. 101 8nc.Hiwy. 212) ~
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APPLICANT:
_Diek:H~g
137 Ashley Drive
~~MN55318
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PRESENT zoNING:
: A..2, Agricuhural Es~DistriCt
ACREAGE:
10 acres
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'2000 LAND U.,~:"
Not available to the site,
This site contains .' exjstingnursery consisting' of a retail
building, two agrieWtural'. bUilding$, dispUiy - areas and
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Henning Amend IUP/Sign Variance
October 13, 1997
Page 2
PLANNING COMMISSION UPDATE
On August 20, 1997, the Planning Commission held a public hearing to review the application
for the amendment to the interim use permit and the sign display area variance. The request was
denied by a unanimous vote. They stated that a substantial amount of information was omitted
from the application. They would have liked to review the color and style of the sign rather than
just a concept. In addition, they did not believe that a hardship was demonstrated.
CITY COUNCIL UPDATE
On September 8, 1997 the City Council reviewed this application. The item was tabled
because the Council wanted to review the sign plan in more detail. That is, the material
and the colors of the monument sign. The applicant has submitted a more detailed sign
plan. The new information is in bold type.
APPLICABLE REGULATION
Section 20-257 states that only one (1) monument sign may be erected on a lot, which shall not
exceed twenty-four (24) sq. ft. in size or be more than eight (8) feet in height (Attachment 2).
BACKGROUND
In July 1996, an interim use permit was approved to allow the applicant to operate a wholesale
and retail nursery at the property located at the northwest intersection ofHwy. 101 and Hwy. 212.
This approval was subject to fourteen (14) conditions, one of which required the applicant to
construct signage that complied with the City Code. The ordinance permits a sign which is a
maximum of 8 feet in height and 24 sq. ft. in sign area. This is essentially a six (6) foot by four
(4) foot sign.
ANALYSIS
The applicant is requesting an amendment to the interim use permit #96-2 and an 8 sq. ft.
variance from the 24 sq. ft. requirement to allow a 32 sq. ft. monument sign. The applicant
would like an 8 foot by 4 foot sign. The reason this application includes both an amendment and
a variance is because the IUP was approved with the condition that the sign comply with the
ordinance. The variance request is based upon Section 20-257 which states that a 24 sq. ft.
monument sign is the maximum permitted. The request is based on the need to attract customers
traveling on Hwy. 212.
The design of the monument sign is harmonious with the area and the nursery structure.
The sign is proposed to be 4 feet in height and 8 feet in width. The sign will be constructed
Henning Amend IUP/Sign Variance
October 13, 1997
Page 3
of a ~" medium density overlay board (type of plywood) painted white with both green and
black vinyl graphics (see Attachment 3). The monument sign will not be permitted to
exceed 8 feet in height. Also, this sign will be required to maintain a 10 foot setback from
Hwy.212. Staff believes that this proposal is architecturally compatible with the principle
structure.
Staff does not believe that allowing an additional 8 square feet will be detrimental to the area
since it is located at the intersection of two highways. Furthermore, this is an interim use and
will terminate one year after the availability of sewer and water service. This will not be a
permanent use of the site as it is guided for medium to high density residential and/or office uses.
However, in order for staff to fully support the proposed signage, any reference towards a
landscaping business will have to be removed from the monument sign. The proposed sign
displays the words "Supplier of Landscape Material." Staff does not believe that this
phrase is an integral part of the sign. This suggests that All Metro Supplies is a
landscaping business when in fact, the IUP does not permit it to be that type of business.
The applicant insists that this phrase is needed to attract customers. Staff believes that a
reasonable opportunity exists to advertise for the nursery. Perhaps an additional means of
advertising should be utilized.
The interim use permit was approved because the applicant and operator agreed to utilize this
property as a wholesale and retail nursery not as a contractor's yard (i.e., landscaping business).
In addition, a condition of approval of the permit was that no contractor's equipment be stored on
this property. Therefore, only signage advertising for the nursery should be permitted.
Although the same maximum square footage is permitted for low profile business signs in other
zoning districts such as neighborhood business, fringe business and office and institutional, staff
is of the opinion that this area of the city tends to be more rural or natural and a smaller sign may
not be seen by those traveling on Hwy. 212. Staff recommends that the applicant be allowed to
construct a monument sign with a maximum size of 32 sq. ft. based on the findings in the staff
report and subject to conditions.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
Henning Amend IUP/Sign Variance
October 13, 1997
Page 4
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: Staff believes that the applicant may have a hardship in that the location of the
wholesale and retail nursery warrants a larger sign. That is, being located at the intersection
of two state highways does make visibility greater, however, potential customers need to be
able to read the sign traveling at faster speeds.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions are not applicable to other property within this zonmg
classification as most are residential uses.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The purpose of the variation is probably based upon the desire to increase the
income of the nursery by making it more visible.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: Staff does not believe that this hardship is self-created, however, the applicant
could have had this issue resolved when the interim use permit was approved last year.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: Staff does not believe that that larger sign will be detrimental to the public
welfare or injurious to other land or improvements.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light or increase the
congestion of the highways or increase the danger of public safety.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
Henning Amend IUP/Sign Variance
October 13, 1997
Page 5
"The City Council approves the amendment to interim use permit #96-2 to allow for an 8 sq. ft.
variance from the 24 sq. ft. requirement for the construction of a 32 sq. ft. monument sign based
upon the findings presented in the staff report and subject to the following conditions:
1. The applicant must remove any connotation to a landscaping business/contractor's yard in the
wording on the monument sign.
2. The applicant must obtain a sign permit.
3. The applicant must place the monument sign 10 feet from the property line abutting Hwy. 212.
4. The applicant must remain in compliance with the conditions of interim use permit #96-2."
A TT ACHMENTS
1. Application and Letter
2. Section 20-257, Wholesale and Retail Nursery
3. Site Plan
4. Property Owners
5. Planning Commission Minutes dated August 20, 1997
6. City Council Minutes dated September 8, 1997
(LL'-1DCYlY V}(Y)t
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
'UCANT: l\)11 \,' ~-h::WJ'IJ~ 'E~JT.. T~~.
)RESS: 15'50 rl~" 1...)1; (I [1)1.-/ I') DRIIiF
(1 i+r'il'IJt-I--1SSP /J rYJ tJ ':>'S$ j f
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EPHONE (Daytime) (61 ~ 7s-'-] - s(/13
OWNER:~') /('.(!--) F",:/') (tVt,
ADDRESS: ~737 A'\;...'~~;-, /\(2/ vB
TELEPHONE:
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_ Comprehensive Plan Amendment _ Temporary Sales Permit
Conditional Use Permit - Vacation of ROW/Easements
-
"
- Interim Use Permit ../ Variance
_ Non-conforming Use Permit - Wetland Alteration Permit
_ Planned Unit Development. _ Zoning Appeal
_ Rezoning _ Zoning Ordinance Amendment
_ Sign Permits
_ Sign Plan Review _ Notification Sign
- Site Plan Rev:s"vv. -2L Escrow for Filing Fees/Attorney Cost"
($50 CUP/SPR/V ACN AR/W AP/Metes
and Bounds, $400 Minor SUB)
- Subdivision* TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
"'Twenty-six full size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy of
transparency for each plan sheet.
.... Escrow will be required for other applications through the development contract
HE - When multiple applications are processed. the appropriate fee shall be charged for each application.
PROJECT NAME
v ~(~ i ArVC b r? (-; (\) (,f C s.T
lOCATION
;{50 fl_'i'I~Jl~ ~'-i1Ui'l i\Rl\JC:; CtlANftl-l-S.:,RIJ,
tY1^)
'5::;: 7$ / !
LEGAl DESCRIPTION
P /}-I:,,- oP e/t~ r -ifrl i. P rF f\YJrz.--rH-f;' f-\':S T (~ i)I'I)Z ~ ,2. a::
~r:; c..-n Q-J ...3-5" -rbWA)SHI P
TOTAL ACREAGE 10. q
I J Id
12-A1Jb ~ ::<3
WETlANDS PRESENT
PRESENT ZONING A:;t
REQUESTED ZONING ~fYlE:
YES
Y NO
PRESa.'T lAND USE DESIGNATION Ad-
REQUESTED LAND USE DESIGNATION SAmE:.
REASON FOR THIS REQUEST
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This application must be completed in full and be typewritten or clearly printed and must be accompanied by all informatior
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Plannin~
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A writter
notice of application deficiencies shall be maiied to the applicant witliin ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying witt
all City requirements with regard to this request. This application should be processed in my name and I am the party whorr
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (eithe
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to makE
this application and the fee owner has also signed this application.
1 will keep myself informed of the deadlines for submission of material and the progress of this application. I furthe
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to an'
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best c
my knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearinl
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 da
extension for development review. Development review shall be completed within 120 days unless additional revie\
e~s are approved by the applicant.
(v~~
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... Ignature of Fee Owner
cd ((7 \ Ctl
Date
'?:ILP(~')
Date
Application Received on 0/(0 I q 1 Fee Paid ~ 76 .Ct)
Receipt No. 1/).'0 7
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meetin
Jf not contacted, a copy of the report will be mailed to the applicant's address.
Dick Henning Enterprises, Inc.
"';"""'737~'''A;iiT~'y~D;i~~:''c~illi'sk;;N~~MN''''~553T8~$w~''~7~5'9:5043~'''~''~'';''''''''''''~~'''''';'''''~;'''''
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Attention Cynthia Kirchoff:
This application is to request permission from the city of Chanhassen to put up a
sign with our company name on it. This sign would be on the property of 850 Hying
Cloud Drive, which is where our business is located. Dick Henning Enterprises is
requesting this sign because at the present time there is no way of knowing who we are or
what are location is, we also feel that it would be an excellent source of advertising.
The sign will not impair the supply of light or air to the adjacent property. The sign
will not increase the danger of a fire, nor will it endanger the public safety or diminish or
impair any property values within the neighborhood.
We would appreciate your approval on this matter. Thank you for your time.
n.
(,J~~
Dick Henning
Dick Henning Enterprises
1'/ ~ T. :.:.1
~-C\CY)Y'y)Cf)L ~
~ 20-257
CHANHASSEN CITY CODE
Sec. 20-257. Wholesale and retail nurseries.
(a) Intent. It is the intent of this section to recognize that pre-existing retail nurseries and
garden centers are located within the city and may be in conflict with the comprehensive plan
and zoning ordinance. These establishments pre-date current ordinance standards. To allow
for planned and orderly development, the city finds it necessary to regulate the expansion or
intensification of these uses and to provide standards for any future retail nursery or garden
centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics,
and image of the community by regulating the creation and the expansion of existing retail
nurseries and garden centers. The creation or expansion of these uses will be allowed only by
interim use permit by the city council.
(b) [Conditions.] The following conditions will apply to wholesale and retail nurseries:
(1) The site must be on a collector or minor arterial as identified in the comprehensive
plan.
(2) The minimum lot size is five (5) acres.
(3) All storage and yard areas as well as buildings must be set back fifty (50) feet from
public or private road rights-of-way, and three hundred (300) feet from an adjacent
single-family residence or a minimum of fifty (50) feet from a side lot line, whichever
is greater.
(4) All outdoor storage areas must be buffered from adjacent properties. Buffering may be
accomplished using berms, fencing, landscaping, natural topography, or increased
setbacks. The city council may require storage areas to be completely screened by one
hundred (100) percent opaque fencing or berming.
(5) Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential
as identified in the comprehensive plan.
(6) Light sources shall be shielded.
(7) No outside speaker systems shall be allowed.
(8) A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit it. Prior to the permit expiring, the applicant may
request an extension to the interim use permit by submitting a new application. The
renewal application will be subject to all city ordinances including any new ordinances
enacted after the original approval.
(9) One (1) wall sign not to exceed ninety (90) square feet and one (1) monument sign not
exceeding twenty-four (24) square feet in size or eight (8) feet in height shall be
permitted on the premises. The council may further restrict the size and location of
signs if the use is located adjacent to property guided residential as identified in the
comprehensive plan.
(Ord. No. 80, Art. V, ~ 9(5-9-1(6)), 12-15-86; Ord. No. 248, S 2, 3-11-96)
Supp. No 9
1176.2
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at 8:30 p.m.
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
VVednesday,August20,1997
City Hall Council Chambers
690 Coulter Drive
UBJECT: Amend Interim Use Permit
Regarding Signage
;)PLlCANT: Dick Henning
)CATION: Northwest Corner of
Great Plains Blvd. (Hwy. 101)
and Hwy. 212
JOTICE: You are invited to attend a public hearing about a proposal in your area. The
Ipplicant, Dick Henning, is requesting an amendment to the interim use permit to allow a
.2 sq. ft. monument sign and an 8 sq. ft. variance from the 24 sq. ft. monument sign
aquirement, located at 850 Flying Cloud Drive, in the northwest corner of Great Plains
~Ivd. (Hwy. 101) and Hwy. 212.
Vhat Happens at the Meeting: The purpose of this public hearing is to inform you about the
eveloper's request and to obtain input from the neighborhood about this project. During the
leeting, the Commission Chair will lead the public hearing through the following steps:
Staff will give an overview of the proposed project.
The Developer will present plans on the project.
Comments are received from the public.
Public hearing is closed and the Commission discusses project. The commission will then
make a recommendation to the City Council.
:luestions and Comments: If you want to see the plans before the meeting, please stop by City
~all during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
;omeone about this project. please contact Cindy at 937-1900 ext. 117. If you choose to submit
vritten comments, it is helpful to have one copy to the department in advance of the meeting. Staff
viII provide copies to the Commission.
Jotice of this public hearing has been published in the Chanhassen Villager on August 7, 1997.
.J
~I
HAROLD F HESSE
1425 BLUFF CREEK DR
CHASKA, MN 55318
STATE OF MN-DNR
TAX SPECIALIST
1201 E HWY 2
GRAND RAPIDS, MN 55744
LOUISE E ZAMJAHN ETAL
C/O DAVID ZAMJAHN
7506 77TH ST
CHASKA, MN 55318
VERNE L & SUSAN SEVERSON
675 LAKOTA LN
CHASKA, MN 55318
UBA PARTNERSHIP
7301 OHMS LANE #345
EDINA, MN 55439
DEBRA L WENDORF
740 VOGELSBURG TRL
CHASKA, MN 55318
SKIP S COOK
15506 VILLAGE WOODS DR
EDEN PRAIRIE, MN 55347
ALLEN R ROTHE
750 VOGELSBERG TRL
CHASKA, MN 55318
STATE OF MINNESOTA
DEPT OF TRANSPORTATION
METRO SQUARE BLDG
ST PAUL, MN 55101
WILLIAM E & MARSHA JO HARDER
1025 HESSE FARM RD
CHASKA. MN 55318
STATE OF MINNESO
DEPT OF TR ORT A TION
MET UARE BLDG
S AUL.MN55101
L RICHARD & KAREN C DEE
1201 HESSE FARM CIR
CHASKA, MN 55318
SKIP S COOK
15506 VILLA OODS DR
EDEN IRIE, MN 55347
JOHN D & BARBARA J FORCE
1001 HESSE FARM RD
CHASKA, MN 55318
JOHN & DOLORES MALZAHN
10551 GREAT PLAINS BLVD
CHASKA, MN 55318
RILEY PURGATORY BLF CRK WS
C/O RAY HAIK
222 S 9TH ST #3300
MINNEAPOLIS. MN 55402
PATRICK BLOOD & NANCY LEE
P O. BOX 94
SHAKOPEE, MN 55379
Planning Commission Meeting - August 20, 1997
Sidney moved, Joyce seconded that the Planning Commission recommends approval of
PUD #93-5 for Autumn Ridge 3rd Addition to replat Lots 1 through 9,16 and 17, Block 1,
Autumn Ridge 2nd Addition into 21 lots as shown on the plans prepared by Brandt
Engineering and Surveying dated July 18, 1997, subject to the following conditions:
1. The proposed extension of the berming along Galpin Boulevard eliminates one tree. This
tree shall be replaced by two conifers with a minimum height of seven feet.
2. The developer shall execute an addendum to the development contract for the Second
Addition to incorporate the Third Addition.
3. The applicant shall provide a copy of the final soils report for the subdivision as well as a
copy of the final grading plan for the entire subdivision prior to issuance of any building
permits.
4. The building designer should meet with the Inspections Division review staff to discuss
design and permit requirements before finalizing building plans.
All voted in favor and the motion carried.
PUBLIC HEARING:
AMEND A CONDITION OF THE INTERIM USE PERMIT TO ALLOW FOR A 32 SQ.
FT. MONUMENT SIGN AND AN 8 SQ. FT. VARIANCE FROM THE 24 SQ. FT.
MONUMENT SIGN REQUIREMENT. 850 FLYING CLOUD DRIVE. DICK HENNING.
Cynthia Kirchoff presented the staff report on this item.
Peterson: Questions of staff?
Blackowiak: Sure, I have one question. There's a statement in here talking about the interim use
Terminating one year after the availability of water and sewer. When is that estimated
termination date?
Aanenson: That's something that will be discussed as part of the comprehensive plan update.
The staging of sewer and water improvements. This area will probably be the last area to be
brought in as far as sewer and water. If you looked at the consultants growth strategy, 2020. Our
city will probably be developed by then. So it could be 10-15 years out.
Blackowiak: Okay, so then it still would be considered an interim use even though it's 10 to 15
years?
Aanenson: Correct. Yeah.
3
Planning Commission Meeting - August 20, 1997
Blackowiak: That's it.
Joyce: Kate can we, when we make this motion...?
Aanenson: That's what the City Attorney advised.
Sidney: What are the actual dimensions of. . .
Kirchoff: The site plan that was submitted, I think was a general sign. If it is approved, I believe
he said it would be 8 x 4.
Peterson: Part of the frustration that I have is, is the additional 8 square feet going to
substantially change, I mean we're going through a lot of process here for 3 square feet and is it
truly personal opinion of the applicant and then it goes into you know staffs opinion. Is it big
enough? Is it not big enough? Where do we draw the line? Is it 1 square feet? Kate, you know
where I'm going with this. It's just a matter of, we get these things and we're bending a lot. My
preference is to not bend. But this is the way it is and this is the code and why vary.
Kirchoff: Staff felt that since it was an interim use and it was on a major highway, 212, that the
applicant, you know stated that people are passing him by and missing the turn so that he felt the
additional 8 square feet would be worthwhile, would be the worth the process to go through.
Aanenson: And as Cindy indicated, because it will be eventually some higher, better use that
will support it. .. There was an existing sign with the original application. .. I guess like Cindy
said, because it will eventually be something else in the future.
Peterson: I think it's just putting you guys in a difficult spot. You make a variance for this,
because you always, somebody will always have a reason. It's just a matter of how legitimate it
IS.
Joyce: And I'd have to echo that just from the fact that, that's not going to be the sign I assume
because you already said it can't be the sign... will this is what would have to fit on the sign and
it will only do it, it has to be this size. But they're saying, they just want a bigger sign. I can see
the discomfort. I assume the applicant's going to show us something. This is what we're
looking at here? I'll wait and see.
Peterson: Other questions? May I have a motion and a second to open it to public hearing.
Excuse me. Moving right along, does the applicant or their designee wish to present their
comments to the Planning Commission? If so, please come forward.
Applicant's Representative: .,. to be perfectly honest with you, I thought we just wanted a sign. I
didn't realize that the 8 square feet was, we just need something that says on there that our
location is 850 Flying Cloud because at the moment there's no way to know that. People pass us
by constantly. They have no idea what our address is or who we are.
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Planning Commission Meeting - August 20, 1997
Peterson: Could you state your name and address please just for the record.
Applicant's Representative: My home address? 21051 Elkview Circle, Richmond, Minnesota.
Peterson: Thanks. Any other questions for her before she? Thank you.
Applicant's Representative: Okay.
Peterson: This is a public hearing. May I have a motion and a second to open to the same
please.
Blackowiak moved, Sidney seconded to open the public hearing. The public hearing was
opened.
Peterson: Anyone wishing to address the Planning Commission, please come forward. Seeing
none, may I have a motion to close the public hearing and a second please.
Blackowiak moved, Sidney seconded to close the public hearing. The public hearing was
closed.
Peterson: Thoughts from commissioners. Alison.
Blackowiak: You can look at this two ways. It's only 8 square feet, which is not a lot of space.
But by the same token, it's going to be there for a long time. Even though it's interim use, we're
talking, if we talk 2020 plus a year, we're talking 25 years that this sign is going to be there and I
don't think that, in my mind that's not interim use. Interim use is maybe under a year or
something. That to me is an interim. I don't know. I don't know ifl'm really comfortable going
forward with this increased size because it is going to be there and I think that the applicant really
feels strongly that they need a sign that's going to be larger and to attract customers, that they
need to come back before the Planning Commission with a definite sign plan and let us see
something a little more concrete before we can, before I feel comfortable actually going forward
and approving something.
Peterson: Thank you. LuAnn.
Sidney: I feel somewhat uncomfortable about this. Maybe not so much from the standpoint of
the size of the sign but I felt like I didn't have enough information, really in the packet here to
make any decision and I had questions about the height, the materials, the base. You know
materials. Is it going to be aluminum? Is it going to be wood? What is, you know what is the
sign going to be like and I did not feel comfortable with the information that we have tonight. It
just is too sketchy. I'd like to see more.
Joyce: I feel, we've had variances like this in front of us before where we've turned them down
and they've been a lot more comprehensive as far as materials and exactly what's going to be on
the sign. And right now as we speak we don't even know what the sign's going to say on it. So
5
Planning Commission Meeting - August 20, 1997
ifit's not that important for them to show us what's going to be on that sign for that additional 8
feet, it's not that important for me to clear the variance. I'm opposed to it.
Peterson: Okay. My thoughts are probably the same. I don't think there's a compelling reason
to grant the variance. Enough said. With that, may I have a motion and a second please.
Blackowiak: Okay. I move that the Planning Commission recommend denial of the amendment
oflnterim Use Permit #96-2 for an 8 square foot variance from the 24 square foot requirement
for the construction ofa 32 square foot monument sign. Do I need to add more or do I, can I let
it go? Okay. That's it.
Joyce: I will second that.
Peterson: Any discussion?
Blackowiak moved, Joyce seconded that the Planning Commission recommends denial of
an amendment to the Interim Use Permit #96-2 for an 8 square foot variance from the 24
square foot requirement for the construction of a 32 square foot monument sign. All voted
in favor and the motion carried.
Peterson: Staff, are you comfortable with the direction?
Aanenson: Yeah. I think.. .reasons.. . materials. What they were looking for, address.
Peterson: All right, thank you.
PUBLIC HEARING:
AMENDMENT TO THE CITY CODE TO PROHIBIT ENCROACHMENTS ON
SETBACKS THAT HAVE BEEN GRANTED FOR VARIANCES.
Cynthia Kirchoff presented the staff report on this item.
Peterson: Questions of staff.
Joyce: The second part of that, no further encroachments are allowed. Is that going to be in there
also?
Aanenson: Right. It's in Section 20-908. Under 5. We put that in bold.
Joyce: Yeah. I got. Just the one sentence then right?
Aanenson: Yeah.
Joyce: Okay.
6
City Council Meeting - September 8, 1997
APPROVE ADDENDUM A TO THE DEVELOPMENT CONTRACT FOR AUTUMN RIDGE 2'\[)
ADDITION.
Mayor Mancino: May I have a motion please. I'll move that the City Council approve Addendum A to
the development contract for Autumn Ridge 2nd Addition. Is there a second?
Councilman Mason: I'll second it.
Mayor Mancino: moved, Councilman Mason: seconded to approve Addendum A to the
development contract for Autumn Ridge 2nd Addition conditioned upon the developer supplying
the City with a recording fee escrow in the amount of $100.00 and D.R. Horton requesting the City
to reassign the development contract for Autumn Ridge 1 st and 2nd Additions to D.R. Horton. All
voted in favor, except Councilman Berquist who was out of the room at the time, and the motion
carried.
AMEND A CONDITION OF THE INTERIM USE PERMIT TO ALLOW FOR A 32 SQ. FT.
MONUMENT SIGN AND AN 8 SQ. FT. VARIANCE FROM THE 24 SQ. FT. MONUMENT
SIGN REQUIREMENT, 850 FL VING CLOUD DRIVE, DICK HENNING.
Kate Aanenson: Thank you. The subject site was given an interim use permit and the applicant has
requested a larger sign than was approved for the site. The reason staff had supported the additional sign
is that because it was an interim use with a termination date on it, we felt that it could support the sign.
Although the Planning Commission did not concur. They were concerned about the looks of the sign and
that there really wasn't a compelling reason why the applicant needed the sign. .. .address for
identification of exactly... Therefore the Planning Commission did recommend denial of the request. If
you would choose to approve it, staff did have some concerns that we had and some recommendations.
One is that the interim use is for a garden center and.. .so that that's clear and that's not reflected in the
sign.. .so \ve have mcluded four conditions if you so choose to recommend approval.
Mayor Mancino: Thank you. Readmg the Planning Commission Minutes, they did not have the
drawings to see what the sign looks like. Colors, materials or anything.
Kate Aanenson: That's correct.
Mayor Mancino: Has the applicant brought in that to staff?
Kate Aanenson: No.
Mayor Mancino: Okay. Councilman Senn.
Councilman Senn: So we have nothing?
Kate Aanenson: You have the drawing. A painted sign. A white sign with black letters.
Mayor Mancino: You mean this is what we have?
Kate Aanenson: That's it.
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City Council Meeting - September 8, 1997
Mayor Mancino: Is the applicant here tonight?
Councilman Senn: What about, I guess, I don't know, I'm not quite sure how to approach this because I
mean, how do we, I mean this lot's been a lot more than a nursery.
Kate Aanenson: It is a non-conforming garden center.
Councilman Senn: But it's a lot more than a garden center.
Kate Aanenson: Right now?
Councilman Senn: Yeah.
Kate Aanenson' I think it's leaning that way, yes and we've advised the applicant of that.
Councilman Senn: And quite frankly it's been a big mess and it continues to be a big mess.
Kate Aanenson: Well actually this site's pretty cleaned up. I think he's running.. .the property behind
this IS a mess and that's not, they're two separate...
Councilman Senn: So the property.
Kate Aanenson: The garden center itself, the underlying property owner... taking pretty good measures
to clean this property. ..
Councilman Senn: Well I looked at the map and that's where I got confused. When I looked at the map
it showed this property going all the way up to the corridor, which really confused me because then I
assumed we were talking, is this in error? Kate here?
Mayor Mancino: Yeah, that's a separate landowner to the north of the nursery.
Councilman Senn: Okay. So the nursery property is separate from the property to the north, the Junk
yard so to speak.
Kate Aanenson: Separate property owners.
Councilman Senn: Okay. And the property owner to the north isn't a related party or anything?
Kate Aanenson: No. No. Mr. Cook owns the property and he's worked very well with us. We had
some problems out there and he responded every time. He's aware of the issue we have right now that
It'S not. .. If you recall the ordinance we put in place. . .
Councilman Engel: I just want to make sure we don't have two properties by the same person.
Kate Aanenson: No.
Councilman Engel: Two properties. Two different owners. Okay.
Councilman Senn: Okay. That's it for questions, unless you're looking for comments.
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City Council Meeting - September 8, 1997
Mayor Mancino: Again, is the applicant here? Okay. Comments from Council members. I can say I'd
really lIke to see a drawing of the sign and what the sign will look like and materials used, etc. So I
would lIke to.
Councilman Senn: For a minimum.
Mayor Mancino: For a minimum. So I'd like to wait until the applIcant is able to do that and tonight,
deny it at this time. Or table it?
Roger Knutson: Excuse me Mayor. I would recommend that. Otherwise you have to start the whole
process over again.
Mayor ManCinO: Any other comments?
Counctlman Senn: Well is our timing up that we can't table it?
Roger Knutson: Yes you can but if you just denied It then you'd have to go back through the publIc
hearIng process, the Planning Commission and come back up here.
Counctlman Senn: Oh okay, but I mean we are okay tabling this?
Roger Knutson: I don't know about the tune line. I assume you are.
Councilman Senn: Well let's make sure of that.
Mayor Mancll1o: Kate, did the applicant get the or come to the Planning Commission meetll1g or?
Kate Aanenson: Yes, a representative did. I thll1k they were under the Impression that the Planning
CommIssion got and really what they were looking for was an address so people can find them. There is
an existll1g sign which is old with their name on it. What they wanted to do is put this plywood on top of
that. I mean they're taking the existing center... wl1lle it's not architecturally sigl11ficant, it matches
what's happening down there I guess and we felt because It was interim use. So I can apprecIate that you
want to see more... but that's where the staff is coming from that issue. The concern that we had is
that...but architecturally it's old rundown...that they're tried to keep.
Mayor Mancino: When we table this if you could, could we make a phone call to the applicant and ask
them to come in and show us.
CouncIlman Engel: They applied August 6th so tabling's no problem.
Councilman Mason: Yeah I mean I'm okay with a hunk of plywood but let's make sure.
Councilman Senn: It depends on what you consider a monument I suppose.
Kate Aanenson: All right with a hunk of plywood?
Councilman Mason: Well, considenng the area.
22
City Council Meeting - September 8, 1997
Councilman Berquist: Considering all the discussion that's occurred with the other businesses in the
developing corridor, we've been developing the corridor in the last few months and as concerned with
granting variances and granting monument and pylon signs and what not, and when I first saw this I
thought no way. No compelling reason that I would go for it.
Mayor Mancino: And again I think we have to make sure that we apply the same standard... Anyway,
can I have a motion.
Councilman Senn: Move to table.
Councilman Mason: Second.
Councilman Senn moved, Councilman Mason seconded to table the request to amend a condition
to the Interim Use Permit to allow for a 32 sq. ft. monument sign and a 8 sq. ft. variance from the
24 sq. ft. monument sign requirement at 850 Flying Cloud Drive. All voted in favor and the motion
carried.
ACKNOWLEDGE STATE ESTABLISHED LEVY LIMIT FOR THE CITY OF CHAl'IHASSEN
AND SET TRUTH IN TAXATION HEARING DATES.
Todd Gerhardt: Attached is a memo from Don Ashworth. Under State law it requires that the City
Council establish a Truth in Taxation hearing date. Currently you must establish this date between
November 291h and December 201h. The four open dates, because the City, or the County and the School
District must also hold hearings, the dates available to the City ofChanhassen are December 2nd, loth,
15th and 1 tho If the 15th or 1 th are chosen for the initial hearing there is no allowance for a continuation
hearing. Staff would recommend that the Council select December 2nd at 5:30 for the imtial hearing and
Monday, December 15th as the continuation hearing date.
Councilman Senn: What about the other half of this action?
Todd Gerhardt: As to the budget? We cannot levy more than $4,202,000.00 so establishing the levy
limit amount, we continue to recommend that you go to the maximum.
Councilman Senn: And that maximum is what?
Todd Gerhardt: $4,202,014.00.
Councilman Senn: Okay, but that takes into account the cut by the State or not?
Todd Gerhardt: I'm not sure. I thought I was doing pretty good with this.
Mayor Mancino: Councilman Senn, what's your question?
Councilman Senn: Well I guess, you know I have no problems with setting the 2nd and the 15th as the
dates here but I would like some discussion and I'd like to talk about the limit that we set. The limit we
set is what is published and goes out in the notification to the residents. And as I've advocated for the
past, I don't know how many years it's been. Almost as many as Michael. That we do not do that.
Mayor Mancino: Oh, you're not that old.
23