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CAS-13_CARLSON, NAOMI - 6411 BRETTON WAYCITY OF C HANHASSE N Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow September 5t1, 2017 Naomi Carlson 5955 Cathcart Drive Excelsior. MN 55331 Dear Ms Carlson, This letter is in regards to your inquiry on sewer service at 6411 Bretton Way in Chanhassen. The Engineering department has gone through their documentation and the City doesn't have record of the property having a private septic service. The building department has looked at the property file and there is no documentation that we have on the property to prove it is on a septic system. A plumbing inspector can meet your plumber out at the property for a scheduled time to look at the sanitation situation at the property to try to resolve your concerns. Please call 952-227-1180 to set up an inspection time that will be convenient for the plumber to meet our staff at 6411 Bretton Way. Regards, Jessica Archer Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Building File: 6411 Bretton Way PH 952.227.1100 • www.d.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 4",/4-4 957,z- V -)V-71-11 6 k, o4tiA Finance April 20, 2015 Phone: 952.227.1140 Naomi Carlson CITY OF 5955 Cathcart Drive MUSEN Excelsior, MN 55331 Phone: 952.227.1120 Dear Ms Carlson, 7700 Market Boulevard City of Chanhassen PO Box 147 This letter is in regards to complaints regarding the condition of your property at Chanhassen, MN 55317 6397 Bretton Way in the City of Chanhassen. Administration As previously required, the concrete surface water drainage (apparently) structure, Phone: 952.227.1100 embedded in the soil due west of the 6397 Bretton Way building, must be Fax: 952.227.1110 immediately protected (filled with clean soil, acceptably, securely covered or 7901 Park Place guard -railed) to prevent personal injury. Building Inspections Phone: 952.227.1180 Currently there is only a piece of plywood covering this structure; the plywood is Fax: 952.227.1190 inadequate structurally, and is not fixed in place. This does constitute an unsafe condition on this property and requires immediate attention. Engineering Phone: 952.227.1160 Fax: 952.227.1170 I can be contacted at 952-227-1199 if there are any questions. Finance Phone: 952.227.1140 rdially Fax: 952.2271110 vikobert Generous, Senior Planner Park & Recreation Je n Phone: 952.227.1120 uilding Official Fax: 952 227.1110 City of Chanhassen Recreation Center 2310 Coulter Boulevard PC: �ate Aanenson, Director, Community Development Department Phone: 952.227.1400 vikobert Generous, Senior Planner Fax: 952.227.1404 CC: Building File: 6397 Bretton Way Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 G:\SAFETYUM\2013 letters16397 and 6411 Bretton Way propmainvi doe 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 Chanhassen is a Community for Life - Providing for Todayand Planning for Tomorrow CITY OF CHANHASSEN # - 9 PERMIT APPLICATION BUILD ONE FIRE ENG 7700 MARKET BLVD ♦ PO BOX 147 ♦ CHANHASSEN, MN 55317 Phone: 952-227-1180 Fax: 952-227-1190 Web: www.ci.chanhassen.mn.us Please Type or Print. Complete Sections A & F and either Sections B, C, D or E A GENERAL INFORMATION Site Property Owner. fVd Contact Address: lf?t; 55.3 Phone:1 E -Mail: n/nAw .in tnn �n n _ror Contractor/Applicant.------- Contact Pt Address: Phone:— E-Mail: City: State: Zip:_ License Number: Type: Expiration Lot: Block: Subdivision Parcel Identification Number: -J 6- ACL D 03b Zoning District: Variance required: Yes ❑ No Or Planning Dept. Case Number: Is there a wetland within 75' of any property lines? Yes ❑ No ❑ Is the property in a floodplain? Yes E3 No ❑ If YES, Complete C3rfificatc of Compliance for Authorized Floodplain Development. Sewer Available: Yes EY No ❑ City Water Available: Yes No *** RENOVATION, REMODEL? RESIDE, REROOF AND WINDOW REPLACEMENT:*** 7 Year Structure Was Built: / 5,40 S Licensee Lead Certificate Number: IS AN APPLICATION FOR A PERMIT. IT IS NOT THE ACTUAL PERMIT. THE UNDERSIGNED STATES THE INFORMATION PROVIDED IS ACCURATE AND HEREBY AGREES TO DO ALL WORK IN RDANCA WITH THE C SEN CITY CODE AND THE MINNESOTA STATE LAWS REGULATING BUILDING CONSTRUCTION Zt11zr / r QX- o.47 COMPANY: -- PHONE DATE:Y"24 61-�-Oqe —,)i J- (FAX): SIGNER _MUST BE CONTRACTOR, CONTRACTOR S AGENT OR_F,MPI.OYEE 'ALL ESCROW FEES WILL BE REFUNDED 710 THE CONTRA CTOR/APPLICANT* G APPROVALS .Route Applications in the .Park & Rec to R rew Co FINANCE: date: ENGINEERING: PARK & REC: date: FIRE MARSHAL: date: Below: •OFFICE USE ONLY. DATE RECEIVED H FEES VALUATION S SQ7 Permit Fee --------------- a2 o Plan Review Fee --------- State Surcharge ------ SAC Fee-( units) -- Sewer Surcharge ------- Park Dedication Fee ------ Trunk Water Hookup --- Trunk Sewer Hookup ---- Water Meter---------- ---- -Erosion Control Escrow -- TOT U1411 aL 1 WU kAM1LY 1)WbIAANU Dwelling Square Footage: P Level (basement) 2n°Level 3"' Level eLevel Total Finished Finished Finished Finished Finished Unfinished Unfinished Unfinished Unfinished Unfinished Garage Square Footage: Attached Detached 3 a b Tuck Under HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water A/C ❑ Mechanical Ventilatio Number of Baths: Full_ 3/, Y: Number of B ooms_/ Number Future Bedrooms Number of Fireplaces: Masonry. Manufactured Other Deck - Sq. Footage ___ 3 Season Porch - Sq. Footage - Screen Porch - Sq. Footage Value of Dwelling EXCLUDING Land: 7 V COMMERCIAL AND INDUSTRIAL vccupanurenanr. Contact Person: Current Address: Phone (H): (W): E -Mail: City: State: Zip: New ❑ Alter ❑ Repair ❑ Addition ❑ Other ❑ Square Footage: Location in Building: Proposed Use: Description of Work:_ Spriiil creel Yes ❑ No HVAC System: Gas❑ Land Value: Construction Type: I Occupancy Classification(s): Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Space Heat ❑ Hot Water ❑ Steam ❑ SEE COMMERCIAL PERMIT D TENANT Current r s:_ City Building Manager: Acreage: Value of Improvement: Phone (H): (W): City: New ❑ Alter ❑ Location in Buildir Description of Wor HVAC System: GE Adjoining Tenants: N CHECKLIST FOR ADDITIONAL SUBMITTAL Contact Phone Zip: Contact E -Mail: State: Zip: ame. Address: Occupancy Classification: Name Proposed Use: g Convert commercial space to residential in an existing "conditional use" building. Value of Improvement: 5xc —o a mo SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS OTHERIMPROVEMENTS Contact Person: Phone (H): (W): Addition ❑ Basement Finish ❑ Deck ❑ Demolition ❑ Fence ❑ Fireplace ❑ Grading ❑ Pool ❑ Remodel ❑ Repair ❑ Reroof ❑ Reside ❑ Shed ❑ UST Installation/Removal ❑ Other ❑ Year home was built Square Footage: 9:WfegUnepkf9M%Mg nppnbidgapp m on.doc aevlud N 14 Dimensions: Value of Improvement: Carver County Property Information Page I of 2 Carver County Property Information 12 Parcel 10: ® -aaal searcn Addres 16411 BRETfON WAV, CHANHASSEN PPRWX• I A00 &7. 'rr dI✓ -0' . I-OUCL I � y/l c�2�rrov GUY/ Su 1T� l �o http://carvergiswebl.co.carver.mn.us/Public_Parcel/ 10/21/2014 CAMPBELL KNUTSON Attorneys at Law Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651)452-5000 FAX (651) 452-5550 COMPLAINT COVER SHEET DATE: April 16, 2013 TO: Jerritt Mohn, Building Official FROM: Jean Olson, Legal Assistant Direct Dial: (651) 234-6212 RE: Attached Formal Complaint DATE: TO: Attached please find complaint for: Naomi Carlson 6397 / 6411 Bretton Way April 16, 2013 Jerritt Mohn, Building Official Please review the attached complaint for accuracy. If corrections are needed, please indicate on space provided below and return the same to me or call me directly at (651) 234-6212. IF THE COMPLAINT IS ACCURATE, PLEASE SIGN ON PAGE 5 BEFORE A NOTARY PUBLIC. The complaints should then be returned to our office. You may retain this cover sheet with attached copy of the Complaint for your records. Thank you for your cooperation herein. Complaint is inaccurate: 168773 STATE OF MINNESOTA COUNTY OF CARVER STATE OF MINNESOTA (City of Chanhassen), vs. Naomi Carlson, 5955 Cathcart Drive Excelsior, MN 55331 Plaintiff, co'p�"�"> DOB: 05/05/1937 Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT CRIMINAL DIVISION Court File Number: COMPLAINT — SUMMONS FOR MISDEMEANOR The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offenses: Count 1 Charge: Accessory structures In Violation of: Chanhassen City Code § 7-62(g) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to maintain all accessory structures in sound and good repair. Count 2 Charge: Protective treatment In Violation of: Chanhassen City Code § 7-63(b) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to maintain all exterior surfaces in good condition; eliminate peeling, flaking, or chipping paint; and repaint surfaces. State of Minnesota (City of Chanhassen) v. Naomi Carlson Count3 Charge: Foundation walls In Violation of: Chanhassen City Code § 7-63(e) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to maintain all foundation walls plumb and free from open cracks. Count 4 Charge: Exterior walls In Violation of: Chanhassen City Code § 7-63(f) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to maintain all exterior walls free from holes, breaks, and loose or rotting materials; and did fail to weatherproof and properly surface coat where required to prevent deterioration. Count 5 Charge: Roofs and drainage In Violation of: Chanhassen City Code § 7-63(g) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to maintain all roofs and flashing to be sound, tight, and not have defects that admit rain. Count(i Charge: Stairways, decks, porches and balconies In Violation of: Chanhassen City Code § 7-630) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to maintain every stairway, deck, porch and balcony, and all appurtenances attached thereto, to be structurally sound, in good repair, with proper anchorage and capable of supporting imposed loads. 169136 2 State of Minnesota (City of Chanhassen) v. Naomi Carlson Count 7 Charge: Windows, skylight and door frames In Violation of: Chanhassen City Code § 7-63(m) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to keep every window, skylight, door and frame in sound condition, good repair and weather tight. Count 8 Charge: Doors In Violation of. Chanhassen City Code § 7-63(0) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to maintain all exterior doors, door assemblies and hardware in good condition. Count 9 Charge: Handrails and guards In Violation of: Chanhassen City Code § 7-65(a) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to install a guard on every landing more than 30 inches below grade. Count 10 Charge: Rubbish and garbage In Violation of: Chanhassen City Code § 7-66(a) Penalty: 0-90 days in jail and/or $1,000 fine On or about January 7, 2013, in Carver County, Minnesota, the Defendant Naomi Carlson, being the owner of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota, did fail to keep all exterior property and premises free from any accumulation of rubbish or garbage. 169136 State of Minnesota (City of Chanhassen) v. Naomi Carlson STATEMENT OF PROBABLE CAUSE Jerritt Mohn, Building Official for the City of Chanhassen, being duly sworn, makes Complaint to the above-named Court and says that he believes this information, and other persons from whom it is obtained, to be reliable and that there is probable cause to believe that the above-named Defendant committed the offense(s) described below. The Complainant states that the following facts establish probable cause: Defendant is the owner of two contiguous parcels of real property located at 6397 and 6411 Bretton Way, Chanhassen, Minnesota ("the subject property'). The subject property is located inside the Chanhassen city limits and is zoned for residential use. In August, 2012, City staff inspected the exterior of the subject property in response to complaints from neighbors concerning the condition of the subject property. City staff observed that the buildings on the subject property were in violation of several city ordinances and in need of extensive repair. On August 30 and 31, 2012, the Complainant sent letters to Defendant informing her of the City Code violations and requesting that Defendant bring the subject property into compliance by: repairing or replacing damaged siding, trim, soffits, and facia; repairing or replacing deteriorated foundation masonry; repairing or replacing damaged and missing shingles; repairing or replacing damaged windows; repainting; and removing outdoor storage of construction materials and rubbish. On December 4, 2012, City staff inspected the exterior of the subject property and observed that the code violations noted in the August, 2012 letters had not been addressed. City staff also observed a concrete cavity approximately 40 by 40 inches wide and 36 inches deep embedded in the soil that was not securely covered or guard -railed to prevent injury. The Complainant sent another letter to Defendant requesting that she bring the subject property into compliance with the city code. On January 7, 2013, City staff inspected the subject property again and observed that the previously -noted code violations had still not been addressed. City staff also noted the following on the building located on 6397 Bretton Way: spalling tile masonry units on the front of the building; blistered, cracked, and peeling paint; and the concrete cavity was not filled, securely covered, or guard -railed. City staff noted the following on the building located at 6411 Bretton Way: spalling foundation walls; the appearance of failing concrete blocks on the southeast corner of the foundation; broken windows with window sashes in poor repair; holes in the siding; a failing concrete stairway on the south side of the building; blistered, cracked, and peeling paint. City staff also observed that the two sheds on the subject property were in poor repair with damaged and deteriorated roofing materials, holes in siding, damaged doors, and peeling paint. 169136 4 State of Minnesota (City of Chanhassen) v. Naomi Carlson THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant, Jerritt Mohn This Complaint was subscribed and sworn to before the undersigned this day of , 2013, by Jerritt Mohn, Building Official, for the City of Chanhassen, on behalf of the City. Name: Title: Notary Public (Seal) Signature Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. Dated: a 4( 1�i 2013 169136 By: Alina Schwartz, #0339271 Assistant Chanhassen City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 State of Minnesota (City of Chanhassen) v. Naomi Carlson FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant's arrest or other lawful steps to be taken to obtain Defendant's appearance in Court, or detention, if already in custody, pending further proceedings. The Defendant is therefore charged with the above -stated offense(s). SUMMONS THEREFORE, YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on: the day of , 2013, at o'clock .m. at the Carver County Justice Center, 604 East Fourth Street, Chaska, Minnesota 55318, to answer this Complaint. IF YOU FAH. TO APPEAR in response to this Summons, a warrant for your arrest may be issued. This Complaint -Summons duly subscribed and sworn to, is issued by the undersigned authorized Judicial Officer this day of 2013. Judge of District Court Sworn testimony has been given before the Issuing Officer by the following witnesses: 169136 MY OF 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 952.2271110 Park & Recreation Phone: 952.227.1120 Fax 952.2271110 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: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci chanhassen.mn.us September 5, 2013 Mr. Roger Knutson Campbell Knutson Professional Association 1380 Corporate Center Curve Eagandale Office Center, Suite 317 Eagan, MN 55121 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 RE: Property maintenance issues at 6397 and 6411 Bretton Way Dear Mr. Knutson and Ms Carlson: At the invitation of Ms Carlson, a property maintenance re -inspection was conducted at the above referenced properties on September 4, 2013. This inspection confirmed the property maintenance corrections enumerated in our letter of March 27, 2013 (see enclosed letter) have been acceptably completed. I can be contacted at 952-227-1199 if there are any questions. Cor . ly, o n Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Building File: 6397 Bretton Way, 6411 Bretton Way G\SAFETYUM\2013 letters\6397 and 6411 Bretton Way propmamt completed doc Chanhassen is a Community for Lite - Providing for Today and Planningfo; Tomorrov; 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 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 d Recreation Phone: 952.227.1120 Fax: 952227.1110 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: 9522271110 website www.ci.chanhassen.mn.us is -►3 September 30, 2014 Ms. Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Re: Nonconforming Uses — 6411 Bretton Way Dear Mrs. Carlson: On March 11, 2013 the Chanhassen City Council approved the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace the former nonconforming uses. These uses, approved by the City Council, are all commercial in nature. Please provide an updated list of the tenants within the building. It has come to the City's attention that you may be occupying a portion of the building for residential purposes. As there is no record of habitable space within the building, Building Code requires an approved conversion of the building (or portion of the building) to residential use. Conversion of a building (or portion) from one occupancy to a differing occupancy requires a building permit and approvals. Please submit a permit application along with plans regarding the proposed residential portion of the building. Without such conversion, the building may not be occupied as a dwelling. The building permit must be applied for by October 20, 2014. City code permits one single-family dwelling on this property. By converting the space to a dwelling unit, the non -conforming status of the space is eliminated and it may not be used again for commercial purposes. Additionally, no additional dwelling units may be created on the property. Vehicle parking shall be limited to the existing, compacted gravel parking area on site. If you have any questions or need addition information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us, or Jerry Mohn at (952) 227-1199 or jmohn@ci.chanhassen.mn.us. Sin. Robert Generous, AICP Jerry Mohn Senior Planner Building Official Enclosure ec: Kate Aanenson, Community Development Director c: Building File gAsafety\jm\2014 lettm\6411 breuoa rmidw ial conversion lettc.dm SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 0 CITY OF CHhNAASSEN 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 6 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 Web Site www.ci.chanhassen.mn.us June 2, 2014 Ms. Naomi Carlson 5955 Cathcart Drive Excelsior, MN 553317 Re: Nonconforming Uses — 6411 Bretton Way Dear Mrs. Carlson: It has come to the city's attention that you may be leasing a unit within the building for residential purposes. The zoning code, section 20-905 (2), requires that single-family homes conform to the following standards for living areas: a. If a one-story rambler design have an area of 960 square feet. b. If a split level design, have an area of 1,050 square feet. c. If a split foyer and two-story design, have an area of 600 square feet on the first floor. d. A two -car garage must be provided with the single-family structure. If the above standards are not met, then the leasing of this tenant space would be a non -conforming use. Additionally, any conversion of the building to residential use would require that building code requirements be met. On March 11, 2013 the Chanhassen City Council approved the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace the former nonconforming uses subject to the following conditions, and directs staff to use the following performance standards as a guide to the continuing use of the building. 1. The City shall be notified when a tenant vacates the building. 2. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by city council. 3. Any other use must be submitted to City Council for approval of changes in use. Performance Standards: • The business shall be conducted entirely within the building. • Office use is permitted. • Artist studios are permitted. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Naomi Carlson June 2, 2014 Page 2 • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. Vehicle parking shall be limited to the existing, compacted gravel parking area on site. As noted, any other use besides those specifically approved were to be submitted to the city Council for review and approval. Please have any residential tenant vacate the property immediately. You are to provide the city with a list of current tenants of the building to verify compliance with your previous approvals. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Jerry Mohn, Building Official c: Building File gAplan\2012 planng cases\2012-13 6411 bream way zauin6 appear lson\residmtial use 6-2-14.doe C.". a CARVER COUNTY SHERIFF'S OFFICE INCIDENT NARRATIVE ICR:14030673 Special Notes or Instructions: Co ATTNY FORMAL COMPL Co ATrNY REvIEw CITY ATM FORMAI. COMPL _ CITY ATrNY REVIEW _ CO SOCIAL SERVICES _ CO MENTAL HEALTH _ RESTORATIVE CONF _ SCHOOL CRIME _ PUBLIC HEALTH_ _SQUAD VIDEO AVAILABLE OTHER: • Information I Incident Description: Date Incident Occurred: Date This Report Written: SYNOPSIS: Neighbor dispute 9/20/2014 9/24/14 ■ City requested that an officer confirm occupancy of a residence. Deputy called the residence and confirmed that the female party is living there. DETAILS: 1. On 9/20/2014 at 0750hrs, I was dispatched to 6411 Bretton Way in Chanhassen to take a report of suspicious activity. Dispatch advised the reporting party stated someone was living in a building without an occupancy permit. 2. At 0800hrs, I called the reporting party Karon Marie Story (10/18/1944). Story stated she was advised by Bob Generous of the City of Chanhassen to call the Sheriff's Office if she saw someone living at 6411 Bretton Way. 3. I asked Story why she needed the Sheriff's Office to prove someone was living there. Story said the building was not licensed for occupancy. I advised Story that the Sheriffs Office does not enforce that type of complaint. Story said she was aware, but had been advised by city staff to make a report with the Sheriff's Office. I ended my call with Story. 4. It should be noted that I have been dispatched to this neighbor dispute before. The following is that incident: 5. On 9/4/2014 at 1100hrs, I was dispatched to 6411 Bretton Way for a neighbor dispute (ICR#014028813). Upon arrival, I was met by the reporting party Naomi Ruth Carlson (5/5/1937). Carlson said her neighbor put rocks on her property. 6. Carlson stated she and her neighbor at 6281 Teton Ln. had put boulders on her property. Carlson said she and her neighbor have not had a pleasant relationship since her divorce. Carlson stated she has brought up several complaints to the City of Chanhassen about property disputes. Carlson said she feels as if her concerns are being ignored. 7. At that time, I advised Carlson to contact an attorney and start civil court proceedings in relation to the property dispute. I informed Carlson that the Sheriffs Office does not get involved in civil issues unless there is an order from the court. 8. On 9/24/14 at 1030hrs, I was requested to confirm whether or not Carlson lived at the property. I then made phone contact with Carlson and asked her if she was living on the property of 6411 Bretton Way. Carlson CARVER COUNTY SFIERIFF'S OFFICE � INCIDENT NARRATIVE I ICR:14030673 1 stated she was. 9. I informed Carlson that the city took issue with her living on the property. I advised Carlson that someone from the City of Chanhassen would be making contact with her in regards to this incident. 10. Carlson had some questions for me in relation to the neighbor dispute. I advised Carlson to serve her neighbor with a certified letter advising them that they are trespassed from her property. I also informed Carlson to mark her property lines clearly. 11. Carlson said she had marked the property lines, but her neighbor had removed the markers. I informed Carlson to send the trespass letter to attempt to stop future behavior. 12. I ended my call with Carlson. 13. Please forward this report to the City of Chanhassen for their information. End of Report Deputy Fogarty #865 Seo, 25. 2014 12:49PM No. 1-125 P. 1 FAX TRANSMISSION CARVER COUNTY SHERIFF'S OFFICE SHERIFF JIM OLSON 606 EAST 4TH STREET CHASKA, MN 55318-2102 PHONE: 952-361-1212 FAX: 952-361-1229 TO: City of Chanhassen - Attn: Bob Generous FAX #: 952-227-1110 TOTAL # PAGES: 4 FROM: Records/Carver County Sheriff's Office DATE: 9/25/14 SUBJECT: Sheriffs report ICR 14-30673 COMMENTS: Our Deputy requested we forward this report to your office. THE DOCUMENT THAT ACCOMPANIES THIS FAX MAY CONTAIN CONFIDENTIAL INFORMATION THAT IS LEGALLY PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INTENDED RECIPIENT NAMED ABOVE, IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TELECOPIED INFORMATION, EXCEPT ITS DIRECT DELIVERY TO THE INTENDED RECIPIENT NAMED ABOVE, IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TO ARRANGE FOR THE RETURN OF THE ORIGINAL DOCUMENTS TO US. NONCOMPLIANCE COULD RESULT IN CRIMINAL OR CIVIL ACTION. THANK YOU. Sep. 25. 2014 12:49PM Carver County Sheriffs Office 606 East 4th Street Chaska, MN 55318 (952) 361-1212 INCIDENT REPORT PUBLIC Incident: 201400030673 INCIDENT DATES/TIMES: Reported Date/Time: 09/20/2014 7:49:00 Completed Date/Time: 09/20/2014 8:05:55 Earliest Date/Time: 09/20/2014 Latest Date/Tlme: 09/20/2014 INCIDENT LOCATION: 6411 Bretton Way Chanhassen MN 55317 No. 1725 P. 2 Carver County ACTIVITY: 00030 Suspicious Activity OFFENSES: offense - Description Statute - Description Level 9810 -Suspicious Activity/Person/Vi N . Not Reportable Non Crim SUBJECT(S) INVOLVED: Type Nante Age Address Ci1Y1&fl1e1Zq) PhoneI Pkone2 Reporting PartyStory, Karon Maric 69 6281 Teton Ln Chanhassen, MN 55317 9524018029 Other Carlson, Naomi Ruth 77 6411 Brenon Way Chanhassen, MN 55317 9524741376 6122962926 PROPERTY: Loss No. Type Qty. Make/ModeUStyle Description 1 Sep. 25, 201412:49PM No. 1125 P. 3 Administrative Agency: S Incident #: 201400030673 Case _Nr: Report No. 1 Entered: 09/24/2014 11:55 By Officer: 865JF Fogarty, James Subject: Info I:CARVER-C'OUNTY.SHERIFF'S'OFFIGE':.�. --- � ' INCJ(;Q 1�1 C NA.RRATT VE _ ICR:14030673 Special Notes or Instructions: CO ATTNY FORMAL COMPL_ CO ATTNY REVIEW _ CITY ATTNY FORMAL COMPL _ CITY ATTNY REVIEW_ CO SOCIAL SERVICES„ COMF,NTALHEALTH_ RESTORATIVE CONF__ SCIIOOLCRIMEJ PVBLICHEALTH_ SQUAD VIDEO AVAMARLE OTHER: • Information for Ci Incident Description: Date Incident Occurred: Date This Report Written: SYNOPSIS: of Chanhassen Neighbor dispute 9/20/2014 9/24/14 City requested that an officer confirm occupancy of a residence. Deputy called the residence and confirmed that the female party is living there. DETAILS: I. On 9/20/2014 at 0750hrs, I was dispatched to 6411 Bretton Way in Chanhassen to take a report of suspicious activity. Dispatch advised the reporting party stated someone was living in a building without an occupancy permit. 2. At 0800hrs, I called the reporting party Karon Marie Story (10/18/1944). Story stated she was advised by Bob Generous of the City of Chanhassen to call the Sheriff's Office if she saw someone living at 6411 Bretton Way. 3. I asked Story why she needed the Sheriff's Office to prove someone was living there. Story said the building was not licensed for occupancy. I advised Story that the Sheriff s Office does not enforce that type of complaint. Story said she was aware, but had been advised by city staff to make a report with the Sheriff's Office. I ended my call with Story. 4. It should be noted that I have been dispatched to this neighbor dispute before. The following is that incident: 5. On 9/4/2014 at 1100hrs, I was dispatched to 6411 Bretton Way for a neighbor dispute (ICRO14028813). Upon arrival, I was met by the reporting party Naomi Ruth Carlson (5/5/1937). Carlson said her neighbor put rocks on her property. 6. Carlson stated she and her neighbor at 6281 Teton Ln. had put boulders on her property. Carlson said she and her neighbor have not had a pleasant relationship since her divorce. Carlson stated she has brought up several complaints to the City of Chanhassen about property disputes. Carlson said she feels as if her concerns are being ignored. 7. At that time, I advised Carlson to contact an attorney and start civil court proceedings in relation to the property dispute. I informed Carlson that the Sheriff's Office does not get involved in civil issues unless Sep. 25, 201412:50PM No. 1125 P. 4 Aum mistrative Agency: S Incident M 201400030673 Case 1141:Report No. 1 Entered: 09/24/201411:55 By Officer: 865JF Fogarty, James Subject: Info CA.RVER'CO(71s+LCYSHERIFF'S_?ICE INibE1T NA12RA E1vE'.. _ - ICR:14030673 there is an order from the court. S. On 9/24/14 at 1030hrs, I was requested to confirm whether or not Carlson lived at the property. I then made phone contact with Carlson and asked her if she was living on the property of 6411 Bretton Way. Carlson stated she was. 9. I informed Carlson that the city took issue with her living on the property. I advised Carlson that someone from the City of Chanhassen would be making contact with her in regards to this incident. 10. Carlson had some questions for me in relation to the neighbor dispute. I advised Carlson to serve her neighbor with a certified letter advising them that they are trespassed from her property. I also informed Carlson to mark her property lines clearly. 11. Carlson said she had marked the property lines, but her neighbor had removed the markers. I informed Carlson to send the trespass letter to attempt to stop future behavior. 12. I ended my call with Carlson. 13. Please forward this report to the City of Chanhassen for their information. End of Report Deputy Fogarty #865 Administration Re: Nonconforming Uses — 6411 Bretton Way PFax:952.227.11100 Dear Mrs Carlson: Fax: 952.227.1110 Building Inspections ±� /,�a- �3 Phone: 952.227.1180 June 2, 2014 CITY OF CMSEN The zoning code, section 20-905 (2), requires that single-family homes conform to Engineering Phone: 952.2271160 Ms. Naomi Carlson 7700 Market Boulevard 5955 Cathcart Drive PBox Chanhassen, MNN 55317 Excelsior MN 553317 Administration Re: Nonconforming Uses — 6411 Bretton Way PFax:952.227.11100 Dear Mrs Carlson: Fax: 952.227.1110 Building Inspections It has come to the city's attention that you may be leasing a unit within the building Phone: 952.227.1180 for residential purposes. Fax: 952.227.1190 7901 Park Place The zoning code, section 20-905 (2), requires that single-family homes conform to Engineering Phone: 952.2271160 the following standards for living areas: Fax: 952.227.1170 Fax: 952.227.1310 a. If a one-story rambler design, have an area of 960 square feet. Fbrance b. If a split level design, have an area of 1,050 square feet. Phone: 952.227.1140 c. If a split foyer and two-story design, have an area of 600 square feet on the Fax: 952.227.1110 first floor. Park 8 Recreation d. A two -car garage must be provided with the single-family structure. Phone: 952.227.1120 Fax: 952.227.1110 If the above standards are not met, then the leasing of this tenant space would be a Fax: 952.227.1110 ' non -conforming use. Additionally, any conversion of the building to residential use Recreation Center would require that building code requirements be met. 2310 Coulter Boulevard vrxw.ci.chanhassen.mn.us Phone: 952.2271400 On March 11, 2013 the Chanhassen City Council approved the change in Fax: 952.227.1404 nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Planning & Country Builders, Custom Charters, and Bemm Restoration to replace the former Natural Resources nonconforming uses subject to the following conditions, and directs staff to use the Phone: 952.2271130 following performance standards as a guide to the continuing use of the building. Fax: 952.2271110 The business shall be conducted entirely within the building. Office use is permitted. Artist studios are permitted. ecAn11011) Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow I . The City shall be notified when a tenant vacates the building. Public Works 7901 Park Place 2. The city shall be notified of new lessees prior to occupancy of the building. Phone: 952.2271300 Fax: 952.227.1310 Such uses shall comply with the performance standards approved by citY council. Senior Center Phone: 952.227.1125 3. Any other use must be submitted to City Council for approval of changes in Fax: 952.227.1110 ' use. Web She performance Standards: vrxw.ci.chanhassen.mn.us The business shall be conducted entirely within the building. Office use is permitted. Artist studios are permitted. ecAn11011) Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow Naomi Carlson June 2, 2014 Page 2 • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. Vehicle parking shall be limited to the existing, compacted gravel parking area on site. As noted, any other use besides those specifically approved were to be submitted to the city Council for review and approval. Please have any residential tenant vacate the property immediately. You are to provide the city with a list of current tenants of the building to verify compliance with your previous approvals. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Jerry Mohn, Building Official c: Building File g:\plan\2012 planning cases\2012-13 6411 bretton way zoning appeakarlson\residential use 6-2-14.doc U. 3 Generous, Bob From: N R CARLSON [naomicarlson@msn.comj Sent: Tuesday, June 24, 2014 10:24 PM To: Generous, Bob Subject: Vacancy at 6411 Bretton Way Hello Bob, As of June 1, 2014, Andrew Clark is no longer renting space at 6411 Bretton Way for his woodworking shop. Thanks, Naomi MA) 553/7 J MIM14,EAPOL,_ �J Fisai"IV—S 5131 i It /"/7) .5s3i_�7 ��1�'III'��I111f�ILfl�li�h��l1��1�111�"II�'ll'�1�111�1'I"��I n /"/7) .5s3i_�7 ��1�'III'��I111f�ILfl�li�h��l1��1�111�"II�'ll'�1�111�1'I"��I June 5, 2014 Jerry and Karen Story 6281 Teton Lane Chanhassen, MN 55317 Dear Jerry and Karen, I was hoping that since I am living here for the time being, we could be good neighbors; however, it doesn't appear you also would like it to be so.. You are blocking my access to the upper road, also known as your ingress and egress easement. As you well know, the road is on property that belongs to me and I will use it any time I choose. I am requesting that you remove the rocks you have placed on the easement. Also, would you please remove the no trespassing and private property signs that face my building? I know it's your home, and don't need to be reminded by ugly signs. Since you have attempted once again to prevent me from using my own property, I will now ask you to remove your mailbox, which is erected on the access to the cottage. The mailbox is directly on where the driveway to the cottage would be off Teton Lane, should I wish to use it as such. You can see the property lines anytime online This is now the seventh year you have been trying to claim ownership of the land on which the easement lies.. You know full well to whom it belongs. Please cease and desist trying to prevent my use of my own legal, titled property. Yours truly, c Naomi Carlson 6411 Bretton Way Chanhassen, MN 55317 '50-U13-- I �> December 4, 2012 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your properties at 6397 and 6411Bretton Way in the City of Chanhassen. We re -visited these properties today and find the property maintenance issues referred to in the previous letters (see enclosed) have been not addressed. If the following corrections to these properties are not completed within thirty days this matter will be referred to the City Attorney for appropriate action: 6397 Bretton Way: • Repair damaged/deteriorated soffit. Repaint. Remove outdoor storage. 6411 Bretton Way: • Repair/replace siding. • Repair damaged/deteriorated foundation masonry. • Replace damaged and/or missing shingles. • Repair/replace damaged windows. • Repair/replace exterior trim, facia, soffits. • Repaint. • Discontinue outdoor storage. In addition to the above property maintenance issues, we have found some type of concrete structure (approx. 40"x40"and 36" deep), covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected (filled with clean soil, 1171 acceptably, securely covered or guard -railed) to prevent personal injury. I _/ I can be contacted at 952-227-1199 if there are any questions. Sid � U Cordially, �,jSwe�SS 7 Jewitt Mohn ngO Building Official City of Chanhassen 04 CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Building File: 6397 Bretton Way, 6411 Bretton Way G1SAFETYUM12012 letten\6397 and 6411 Bretton Way p,,rolpmainUmSCAMMD January 15, 2013 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your properties at 6397 and 6411 Bretton Way in the City of Chanhassen. These properties were re -visited on January 7, 2013 and we find the property maintenance issues referred to in the previous letters (see enclosed letters and property maintenance report date IM12) have been not addressed. In addition to the property maintenance issues referred to in previous letters and the January 7, 2013 property maintenance report we have found: • Some type of concrete structure (approx. 40"x40"and 36" deep), covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected (filled with clean soil, acceptably, securely covered or guard -railed) to prevent personal injury. • Two small sheds (north and south of the upper driveway) which must be secured from entry and are in need of repairs. As indicated in the December 4, 2012 letter, a copy of this letter will be forwarded to the City Attorney's Office with a request for appropriate action. I can be contacted at 952-227-1199 if there are any questions. Cordially, Jerritt Mohn Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Roger Knutson, City Attorney Building File: 6397 Bretton Way, 6411 Bretton Way GASAFE7YUM\2013 letters\6397 and 6411 Bretton Way pmpmainGAm August 30, 2012 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your property at 6411 Bretton Way in the City of Chanhassen. The City of Chanhassen property maintenance ordinances require the exterior of the structure (Sec. 7-63) be maintained in good repair. In response to the complaints, we visited the property. We found the building in need of extensive repair, as required by the City of Chanhassen Property Maintenance Code. This includes, but is not limited to: • Repair/replace siding. • Repair damaged/deteriorated foundation masonry. • Replace damaged and/or missing shingles. • Repair/replace damaged windows. • Repair/replace exterior trim, facia, soffits. • Repaint. • Discontinue outdoor storage. Correction of these issues is required by the City of Chanhassen property maintenance ordinances (Sec. 7-50). Property maintenance issues must either be corrected or a schedule of corrections submitted to the City no later than September 20, 2012. I can be contacted at 952-227-1199 if there are any questions. Cordially, Jerritt Mohn Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Building File: 6411 Bretton Way August 31, 2012 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your property at 6397 Bretton Way in the City of Chanhassen. The City of Chanhassen property maintenance ordinances require the exterior of the structure (Sec. 7-63) be maintained in good repair. In response to the complaints, we visited the property. We found the building in need of repair, as required by the City of Chanhassen Property Maintenance Code. This includes, but is not limited to: • Repair damaged/deteriorated soffit. • Repaint. • Remove outdoor stored construction material and rubbish. Correction of these issues is required by the City of Chanhassen property maintenance ordinances (Sec. 7-50). Property maintenance issues must either be corrected or a schedule of corrections submitted to the City no later than September 20, 2012. I can be contacted at 952-227-1199 if there are any questions. This property is zoned Single -Family Residential District, RSF. It may only be used for a single-family home or other uses as permitted in the zoning district. The use of this building for commercial uses is not permitted by City Code. Should you have questions regarding the use of the building, you can contact Bob Generous, Senior Planner, at (952) 227-1131. Cordially, Jerritt Mohn Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Building File: 6397 Bretton Way December 4, 2012 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your properties at 6397 and 6411 Bretton Way in the City of Chanhassen. We re -visited these properties today and find the property maintenance issues referred to in the previous letters (see enclosed) have been not addressed. If the following corrections to these properties are not completed within thirty days this matter will be referred to the City Attorney for appropriate action: 6397 Bretton Way: • Repair damaged/deteriorated soffit. • Repaint. • Remove outdoor storage. 6411 Bretton Way: • Repair/replace siding. • Repair damaged/deteriorated foundation masonry. • Replace damaged and/or missing shingles. • Repair/replace damaged windows. • Repair/replace exterior trim, facia, soffits. • Repaint. • Discontinue outdoor storage. In addition to the above property maintenance issues, we have found some type of concrete structure (approx. 40"x40"and 36" deep), covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected (filled with clean soil, acceptably, securely covered or guard -railed) to prevent personal injury. I can be contacted at 952-227-1199 if there are any questions. Cordially, Jerritt Mohn Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Building File: 6397 Bretton Way, 6411 Bretton Way GASAFEMM\20121ettm\6397 and 6411 Bretton Way propmaint.doc January 15, 2013 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your properties at 6397 and 6411 Bretton Way in the City of Chanhassen. These properties were re -visited on January 7, 2013 and we find the property maintenance issues referred to in the previous letters (see enclosed letters and property maintenance report date 1/7/12) have been not addressed. In addition to the property maintenance issues referred to in previous letters and the January 7, 2013 property maintenance report we have found: • Some type of concrete structure (approx. 40"x40"and 36" deep), covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected (filled with clean soil, acceptably, securely covered or guard -railed) to prevent personal injury. • Two small sheds (north and south of the upper driveway) which must be secured from entry and are in need of repairs. As indicated in the December 4, 2012 letter, a copy of this letter will be forwarded to the City Attorney's Office with a request for appropriate action. 1 can be contacted at 952-227-1199 if there are any questions. Cordially, Jerritt Mohn Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Roger Knutson, City Attorney Building File: 6397 Bretton Way, 6411 Bretton Way G:\SAFET Y\1M\2013 letters\6397 and 6411 Bretton Way propmaint3.dm March 27, 2013 Mr. Roger Knutson Campbell Knutson Professional Association 1380 Corporate Center Curve Eagandale Office Center, Suite 317 Eagan, MN 55121 RE: Property maintenance issues at 6397 and 6411 Bretton Way Dear Mr. Knutson: The referenced properties are in violation of the "Property Maintenance" provisions (CC, Article IV, Sec. 7-50 — 7-90) of the City of Chanhassen Code of Ordinances. Property maintenance issues for these properties include the following: • Foundation — evaluation and repair (spalling/possibly failing CMU). • Repair/replace exterior stairway. • Repair/replace siding. • Repair/replace exterior trim, soffit and fascia. • Repair/replace damaged and/or missing shingles. • Repair/replace damaged windows. • Repaint. • Some type of concrete structure (approx. 40"x40"and 36" deep), covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected (filled with clean soil, acceptably, securely covered or guard -railed) to prevent personal injury. • Two small sheds (north and south of the upper driveway) must be secured from entry and repaired/repainted. • Outdoor storage of materials and equipment is prohibited. The City has made repeated attempts to convince the owner of these properties to bring them into compliance with City Code with no result (see enclosed letters). Therefore, the City requests your office begin appropriate action to require these properties be brought into compliance with City of Chanhassen property maintenance code provisions. I can be contacted at 952-227-1199 if there are any questions. Cordially, Jerritt Mohn Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Naomi Carlson, 5955, Cathcart Dr., Excelsior, MN 55331 Building File: 6397 Bretton Way, 6411 Bretton Way GASAFETYUM\2013 levers\6397 and 6411 Bretton Way propmaint letter to attomey.doc 6331 and 6341 Church Road The items that we need to have changed to bring the property into compliance are: 1. Wood pallets and debris by the fire pit must be removed. The wood may be burned if cut down to be within ordinance for burning. 2. All scrap metal on the highway side and behind the garage must be removed. 3. The Allied waste trash container must be out of sight of the public. 4. All weeds and grass must be cut and kept within ordinace from now on. 5. The two vans, if not registered to the property owner at that property or leasee of the property, must be removed from the site. 6. Commercial business may not be run out of the property which include the overnight parking or storage of commercial vehicles, material or equipment on the site. OT IU 6331 and 6341 Church Road The items that we need to have changed to bring the property into compliance are: Wood pallets and debris by the fire pit must be removed. The wood may be burned if cut down to be within ordinance for burning. 2. All scrap metal on the highway side and behind the garage must be removed. 3. The Allied waste trash container must be out of sight of the public. 4. All weeds and grass must be cut and kept within ordinace from now on. 5. The two vans, if not registered to the property owner at that property or leasee of the property, must be removed from the site. 6. Commercial business may not be run out of the property which include the overnight parking or storage of commercial vehicles, material or equipment on the site. CITY OF CHANHA33EN 7700 Markel 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: 952227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227-1120 Fax: 952.2271110 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 Web Site www.ci.chanhassen.mn.us March 27, 2013 Mrs. Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Re: Outdoor Storage - 6411 Bretton Way Dear Mrs. Carlson: On Tuesday, March 26, 2013, staff went by the property at 6411 Bretton Way and saw that the contractor on the west end of the building, Lake Country Builders, was storing material and equipment outside. One of the performance standards for continuing the non -conforming use was that outdoor storage of materials and equipment is prohibited. Please contact Lake Country Builders and have them remove this material and equipment from outside the building, including the material and equipment on the loading dock, by April 8, 2013. Staff will re -inspect the property on April 9 to verify compliance with this requirement. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgeneroci.chanhassen.mn.us. Cordially, l Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Roger Knutson, City Attorney giplan\2012 planning cases\2012-13 6411 hretton way zoning appeal-carlsonbutdoor storage lake country bider letter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow I March 27, 2013 IF Mr. Roger Knutson Campbell Knutson Professional Association Cl l l OF 1380 Corporate Center Curve jj`1hT1j1j O �j Eagandale Office Center, Suite 317 WHASSEN Eagan, MN 55121 7700 Market Boulevard RE: Property maintenance issues at 6397 and 6411 Bretton Way PO Box 147 Chanhassen, MN 55317 Dear Mr. Knutson: Administration The referenced properties are in violation of the "Property Maintenance" provisions Phone: 952.227.1100 (CC, Article IV, Sec. 7-50 — 7-90) of the City of Chanhassen Code of Ordinances. Fax: 952.227.1110 1 / _� Property maintenance issues for these properties include the following: Building inspections Building Official Phone: 952.2271180 • Foundation — evaluation and repair (spalling/possibly failing CML). Fax: 952, 227.1190 • Repair/replace exterior stairway. • Repair/replace siding. Engineering • Repair/replace exterior trim, soffit and fascia. Phone: 952.227.1160 . Repair/replace damaged and/or missing shingles. Fax: 952.2271170 • Repair/replace damaged windows. Finance • Repaint. Phone: 952.227.1140 • Some type of concrete structure (approx. 40"x40"and 36" deep), covered Fax: 952.2271110 only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected Park & Recreation (filled with clean soil, acceptably, securely covered or guard -railed) to Phone: 952.227.1120 prevent personal injury. Fax: 952.227.1110 • Two small sheds (north and south of the upper driveway) must be secured from entry and repaired/repainted. Recreation Center • Outdoor storage of materials and equipment is prohibited. 2310 Coulter Boulevard Phone: 952.2271400 The City has made repeated attempts to convince the owner of these properties to Fax: 952.227.1404 bring them into compliance with City Code with no result (see enclosed letters). Therefore, the City requests your office begin appropriate action to require these Planning & Natural Resources properties be brought into compliance with City of Chanhassen property Phone: 952.2271130 maintenance code provisions. Fax 952.2271110 I can be contacted at 952-227-1199 if there are any questions. Public Works 7901 Park Place Cordially, Phone: 952.227.1300 Far: 952.227.1310 1 / _� Je tt� o Senior Center Building Official Phone: 952.2271125 City of Chanhassen Fax: 952.227.1110 CC: Kate Aanenson, Director, Community Development Department Web Site Robert Generous, Senior Planner www.si Chanhassen mous Naomi Carlson, 5955, Cathcart Dr., Excelsior, MN 55331 Building File: 6397 Bretton Way, 6411 Bretton Way G:\5AFE1Y1JM`-1013 letters\6397 and 6411 Bretton Wav propmaint letter to attomey.doc 700 Martie! cou•evar^ PO Bax 141 ,anoassen• MM 5531' kun:inisualian =`hate: 05L2271100 Fax: 95=.1-2!.1110 t;uiiriing fnspe„tions P t!or�e: 952.22?.1150 Fax: 96222.1190 Enpineerinp nhcne. 95292) ilnp iaancn ?hane9?,2127-1140 Pam & ftegreallor+. �(1a1 Ie- :E 227. i2'ci Farmac^ 221?.:' Y. fi ,:...,.._• .crw«, .tz rt e c2,,.912 7140,1 sa::r„aor. rdz:901'._'271 IL :i:r l»+aruc January 15, 20I3 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, T'nis letter is in regards to complaints regarding the condition of your properties at ` d 644JIggINNIEft the City of Chanhassen. These properties were re -visited on January 7, 2013 and we find the property maintenance issues referred to in the previous letters (see enclosed letters and property maintenance report date 117112) have been not addressed. In addition to the property maintenance issues referred to in previous letters and the January 1, 2013 property maintenance report we have found: Some type of concrete structure (approx. 40"x40"and 36"deep); covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected (filled with clean soil, acceptably, securely covered or guard—railed; to prevent personal injury. _ • Two small sheds (north and south of the upper driveway) winich must be secured from entry and are in need of repairs. As indicated in the December 4. 2012 ietter, a copy of this letter will be forwarded to the City Attorney's Office with a request for appropriate action. I can be contacted at 952-227-1199 if there are any questions. Cordially, l onn Building Official City of Chanhassen CC: Kate Aanenson, Director, Community Deveiopmem Department Robert Generous. Senior Pianner Roger Knutson, City Attomey u. ,'fir, M�qetti� C'uA:n. N'.vi12G1 and ri4.; bmtoe Way pm-DmCiQm January 7, 2013 R€: Property Maintenance Inspection at 6411 Bretton Way Per my inspection, January 7, 2013, the following was noted; South side of East building: • The clay masonry units faces are Spalling. • There are broken windows and windows sashes with plywood in the opening. • The holes in the siding are not repaired; it looks like a duct penetration in the exterior wall is sealed with fiberglass batt insulation only. • Stairway on the south side of the bldg is failing, the concrete is split in the mid dle of the lowest tread, and the stairway is damaged. • At the southeast corner of the building the CMU blocks appear to be failing at about 6' above grade. • On both buildings: the paint is blistered, cracked & peeling. West building: • The tile masonry units on the front of the building face the Spalling. • The a/c wall mount unit is covered with vines. The vines are cutoff below the AC unit, but not remove from the .AC. • On both buildings: the paint is blistered, cracked & peeling. Shed on the South side of upper driveway: • Part of the roof covering is missing, roof boards exposed. Door on the west side of the bldg is ajar. Glass panel on that door has some glass missing. Trees are growing right up against the bldg. Water faucets protrude from the building. Was the plumbing ever abandoned On this building also: the faint is blistered. cracked & peeling. Shed on. the North side of upper ar wn ay • holes in siding • roof is snow covered. the eoge of the roof looks in like It needs maintenance. • On this building also- the paint is blistered, cracked & peeling. g A5aMY\dough\h omeowne Attr\5411brettonwey.00r 770(1 Ulrsfr'ei Rol I!eve.(I,, °J Boz 1„ �hanm,.- -r, FA N 55.1" F.3:i:seis;,atiar•. an isifr,_ lrtsp ci;da:. �hofl°: ?��22i1 i80 3:.' ^27.110(1 _rfninaerip c 't[?a[tC5 aa. L" 2.1=iii f -gr; � :tacraa9i::; �'IG':.. J°•_.?J 1121' _.nom wu1t6. =�'!ie4af; fax. 0511'.1464 r'izGFii{it' December 4, 2012 Naomi. Carlson 5955Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This Tette: is in regards to complaints regarding the condition of your properties a, 6397 and 641 lBretton Way in the City of Chanhassen. We re -visited these properties today and find the property rnaintenam— issues referred to in the previous letters (see enclosed) have been not address ed. If the following corrections to these properties are not completed wit: ., tiiurt, days this matter will be referred to frit Cit, Ar-Lotney for appropriate action: 6397 Bretton Way: • Repair damagedideteriorated soffit. ® .Repaint. a Remove oatdocr storaf<e 6411 Bretton Way. Repair/replace sidine. •. Repair ii;imaged/d ',rdatior, masonry. Replace damage :ui:- o: =ss n g shiugies. Repair%replace damaged winaows. w Repair/replace exterior cite, facia, soffits. Repaint. • Discontinue outdoor storage _ - abov pA , st.-u rue (appro 40"x4 poo n pieces if ply -wood, embedded fir tut _.:: W O'411dinE. This cavity mus' be inm - ac:^.wtapty. Se U?�1�. P.i•Y`.,w J` gl12Sf "_.,_ _ :_. -.: --.-_. .._ _ 1 can be contact--- at. "__. -i 19 a :..ere are am' Qct,.., l int Ni0nr ChazdLEase=l August 31, 2012 TTTy Naomi Carlson I Of 5955 Cathcart Drive ri CREMSE Excelsior, MN 55331 7700 Mamt Bwlevarc Dear Ms Carlson, PO Box 147 used for a single-family home or other uses as permitted in the zonirtg district. The Conn sser, MN 55317 This letter is in regards to complaints regarding the condition of your property at FFax:552 `2'.1404 6397 Bretton Way in the City of Chanhassen. i tien ddm952.227?i1G Phone:9522 .2?NI1100 The Cit of Chanhassen property q maintenance ordinances require tha exterior of the Fax: structure (Sec. 7-63) be maintained in good repair. Building inspections In response to the complaints, we visited the property. We found the building in Pnone.552 227.1180 need of repair, as required by the City of Chanhassen Property Maintenance Code. Fax: 95222i.1190 This includes, but is not limited to: cnginesring • Repair damaged/deteriorated soffit. Phone: 952,2Z7,1160 • Repaint. Fax.95222Z1170 • Remove outdoor stored construction material and rubbish. Fuance Correction of these issues is required by the City of Chanhassen property Phone:552 22Z11a" maintenance ordinances (Sec. 7-50). Property maintenance issues must either be Fa:: a52 or1?;;• - corrected or a schedule of corrections submitted to the City no later than September. 20.2012. 'ar `r. F4e_rLaii4lk . 1 can be contacted at 952-227-1199 if there are any questions. Fecreatian canter This property is zoned Single -Family Residential District, RSF. It may only be _21u ,Jite, g 0;yya; ; used for a single-family home or other uses as permitted in the zonirtg district. The use of this building for commercial uses is not permitted by City Co de. Should you FFax:552 `2'.1404 have questions regarding the use of the building, you can contact Bob Generous, Senior Planner, at (952) 227-1131. F';anninr o Natural Fla^oaL'ree.. . ="gone 95'L.227?1'D a u Cordially, LuiiE ✓yl Gia - Jemtt Mohr, l -T Building Official City of Chanhassen 5gnce :ertet - CC: Kate Aanenson, Director, Community Deveiopment Department Robert Generous, Senior Planner b—Li idln_ til': F."?9? Prtnnn Wav August 30, 2012 OF Naomi Carlson i Pi 5055 Catheart Drive '' @ie =ceisior, MN 55331 M Ma(mei Uonlevare PO Bo. 14' :tear Ms Carlson, .nanhasser., MR 5531; his letter is in regards to eompiaints regarding the condition of -,rb-pro ropeity at 5411 Bretton Way in the City of Chanhassen. kuminisf:aiian Phone: 95 2 2 27 11 0E ,,, rat 552 , ..,. ,U he City of Chanhassen property maintenance ordinances require the exterior of the structure (Sec. 7-63) be maintained in good repair. building insontiarr - - Phcne 95___7 1180 iri response io the complaints, we visited the property. We found th_`: building In Fay: 95;.22'1190 - need of extensive repair: as reouired by Lhe City of Cha.-inassm Lrope It Maintenance Code. This includes, out is not limited to Engineering Phonw 95_.22.1160 a kepairirepiace siding. rat: 2.2=i"lit V Repair damaged/detenorated foundation masonry. Replace damaged andibr m using s'ningles- =trtan_ Y,epair,`replace darrzgec v"mdeW,. h k_ ai !re lace exterior iri facia. scffns. Lin o, _ Corr--TnonotL ._ .. _.__ __ requi eCi.,itantiaBSen pTop,�rtL maintenance ,7Tu: ,,..'.;-_:. S_... 7-]0). .' - :amtenffiiee. iSSLes mli SF edia:er o corrected or a scnedui` -:.- Cotrecuons submitted to the City no -,ate' ttlan September 2n 2)012 -- - 109 if there a7c ?mv auestiom. - .LJ - vi CseE.�i. .1�ii-•-:. CITY of CNANHASSEN 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: 952.2271140 Fax: 952.2271110 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 Web site www.ci.chanhassen.mn.us August 16, 2012 Naomi R Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Mrs. Carlson, This letter is to inform you that I have received complaints about your property at 6411 Bretton Way in the City of Chanhassen, specifically vehicle storage, trash storage, brush piles, and debris that is being stored on this property. I have inspected your property and found these violations are against Chanhassen Ordinance's 16-21, 20-1118 (d), 13-2 (a) (1) and (5),20-909. Sec. 16-21. - Container storage. Garbage and refuse containers shall be so located so as to be out of the public view except on the day of pickup. 20-1118 (d) All parking, loading and driveway areas shall be surfaced with asphalt, concrete or equivalent material approved by the city. Sec. 13-2 (a) (1) and (5) state The following are nuisances affecting health, safety, comfort or repose: (1) "Accumulations of manure, animal feces, refuse, garbage, tin cans, bottles, junk, debris or other waste which are kept so as to result in offensive odors or unsightly conditions to the discomfort and annoyance of adjacent property owners or the public." (5) The throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other material of any kind on private or public property; Under Sec. 20-909, "(5) Wood for burning in a fireplace, stove or furnace provided it is stored as follows: a. In a neat and secure stack, not exceeding four feet. b. The wood stack is not infested with rodents. c. The wood is not kept in a front yard. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CAANAASSEN 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: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us If you are going to have the wood on your property it has to meet the following as well as the final piles must be 30 feet from your property lines. Please take care of the maintenance of this property by Septemberl, 2012. Please be aware, that failing to comply with this these ordinances will result in a citation. If you have any questions you may feel free to contact me at 952-227-1607. Thank you for your cooperation. Sincerely, Matt Jackson #763 Community Service Officer City of Chanhassen Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY of CHANHA3SEN 7700 Market Boulevard PG Box 147 Chanhassen: MN 55317 Administration Phone: 952 2271100 Fax: 952.227.1110 Building Inspections Phone: 952 227,1180 Fax: 952.2271190 Engineering Phone 952.227.1160 Fax: 9522271170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone 952.2271120 Fax. 952.2271110 Recreation Center 2310 Coulter Boulevard Phone. 952.2271400 Fax 952.2271404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci rhanhassennn s March 25, 2013 Mr. Marcus Zbinden 6460 Bretton Way Chanhassen, MN 55317 RE: Property maintenance issues at 6397 and 6411 Bretton Way Dear Mr. Zbinden: As requested, please find enclosed: copies of inspection reports, correspondence between the City of Chanhassen Building Inspections Division, the property owner of 6397 and 6411 Bretton Way (Ms Naomi Carlson) and the City Attorney's office (Soren Mattick, Campbell Knutson Professional Association). I am including copies of our (Marcus Zbinden and Jerritt Mohn) E -Mail correspondence as well. If there are any questions, I can be contacted at 952-227-1199. Cordiagy, J tt uilding Official City of Chanhassen CC: Kate Aanenson, Director, Community -Development Department Robert Generous, Senior Planner Building File: 6397 and 6411 Bretton Way i Generous, Bob From: Soren Mattick [SMattick@ck-law.com] Sent: Wednesday, April 17, 2013 2:12 PM To: Generous, Bob Subject: RE: 6411/6397 Bretton Way We sent the complaint to Jerry for his review. From: Generous, Bob rmailto:baenerous(olci.chanhassen.mn.us] Sent: Wednesday, April 17, 2013 9:50 AM To: Soren Mattick Subject: FW: 6411/6397 Bretton Way Soren Any update? :.. From: Marcus Zbinden [mailto:MZbinden(a@co.carver.mn.us] Sent: Monday, April 15, 2013 1:36 PM To: Generous, Bob Subject: RE: 6411/6397 Bretton Way :.. Can you please provide me with an update on the enforcement action regarding the 6411/6397 Bretton Way property? Thank you, Marcus Zbinden 6460 Bretton Way Chanhassen, MN 55317 From: Generous, Bob rmailto:bgenerous(a@ci.chanhassen.mn.us] Sent: Monday, April 08, 2013 2:53 PM To: Marcus Zbinden Cc: Gerhardt, Todd; Mohn, Jerry Subject: RE: 6411/6397 Bretton Way Mr. Zbinden: It should be ready this week. Once it is filed with the court I will be able to give you upcoming court dates. Bob From: Marcus Zbinden [mailto:MZbinden(a@co.carver.mn.us] Sent: Monday, April 08, 2013 2:41 PM To: Generous, Bob Cc: Gerhardt, John Subject: RE: 6411/6397 Bretton Way Mr. Generous: Thank you for your response. I am puzzled on the delay, I received an e-mail from Mr. Mohn dated February 6u stating the City Attorney's office is working on the issue. Our neighborhood is losing patience with the landowners continued defiance to comply with City Codes. It is our hope the violations will be addressed without any further involvement form neighbors. However, several residents from the neighborhood are planning to meet to organize our concerns and prepare a presentation for the City Council. Can you please contact your Attorney's Office and request a timeline for enforcement action? This information will help minimize the neighborhood's concerns that this issue will be resolved in a timely manner. Marcus Zbinden 6460 Bretton Way Chanhassen, MN 55317 From: Generous, Bob rmailto:bgenerous(&ci.chanhassen.mn.usl Sent: Monday, April 08, 2013 1:49 PM To: Marcus Zbinden Cc: Gerhardt, John Subject: 6411/6397 Bretton Way Marcus: It is being reviewed for charging by the City Attorney's office. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1131 baenerous(&ci.cha n hassen. mn. us Generous, Bob From: Generous, Bob Sent: Wednesday, April 17, 2013 10:56 AM To: 'Marcus Zbinden' Cc: Mohn, Jerry Subject: RE: 6411/6397 Bretton Way Marcus: I have not heard back from the City Attorney's office about the status of the action. Jerry Mohn is the Building Official who you should be contacting. :.. From: Marcus Zbinden rmailto:MZbinden(alco.carver.mn.usl Sent: Wednesday, April 17, 2013 10:56 AM To: Generous, Bob Subject: FW: 6411/6397 Bretton Way ME I have not hear back from you regarding my e-mail dated Monday, April 151h. Can you please provide me with an update on the enforcement action regarding the 6411/6397 Bretton Way property? If you are not the correct person to ask, please provide me with the correct contact person. Thank you, Marcus Zbinden 6460 Bretton Way Chanhassen, MN 55317 From: Marcus Zbinden Sent: Monday, April 15, 2013 1:36 PM To: 'Generous, Bob' Subject: RE: 6411/6397 Bretton Way :.• Can you please provide me with an update on the enforcement action regarding the 6411/6397 Bretton Way property? Thank you, Marcus Zbinden 6460 Bretton Way Chanhassen, MN 55317 From: Generous, Bob rmailto:bgenerousCalci.chanhassen.mn.us] Sent: Monday, April 08, 2013 2:53 PM To: Marcus Zbinden Cc: Gerhardt, Todd; Mohn, Jerry Subject: RE: 6411/6397 Bretton Way Mr. Zbinden: It should be ready this week. Once it is filed with the court I will be able to give you upcoming court dates. Bob From: Marcus Zbinden rmailto:MZbindenCobco.carver.mn.us] Sent: Monday, April 08, 2013 2:41 PM To: Generous, Bob Cc: Gerhardt, John Subject: RE: 6411/6397 Bretton Way Mr. Generous: Thank you for your response. I am puzzled on the delay, l received an e-mail from Mr. Mohn dated February 6u' stating the City Attorney's office is working on the issue. Our neighborhood is losing patience with the landowners continued defiance to comply with City Codes. It is our hope the violations will be addressed without any further involvement form neighbors. However, several residents from the neighborhood are planning to meet to organize our concerns and prepare a presentation for the City Council. Can you please contact your Attorney's Office and request a timeline for enforcement action? This information will help minimize the neighborhood's concerns that this issue will be resolved in a timely manner. Marcus Zbinden 6460 Bretton Way Chanhassen, MN 55317 From: Generous, Bob rmailto:bgenerous(alci.chanhassen.mn.us] Sent: Monday, April 08, 2013 1:49 PM To: Marcus Zbinden Cc: Gerhardt, John Subject: 6411/6397 Bretton Way Marcus: It is being reviewed for charging by the City Attorney's office. 011*. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952)227-1131 baenerous(o)ci.chanhassen.mn.us Generous, Bob From: Generous, Bob Sent: Monday, April 08, 2013 2:53 PM To: 'Marcus Zbinden' Cc: Gerhardt, Todd; Mohn, Jerry Subject: RE: 6411/6397 Bretton Way Mr. Zbinden: It should be ready this week. Once it is filed with the court I will be able to give you upcoming court dates. Bob From: Marcus Zbinden [mailto:MZbinden(cbco.carver mn.us] Sent: Monday, April 08, 2013 2:41 PM To: Generous, Bob Cc: Gerhardt, John Subject: RE: 6411/6397 Bretton Way Mr. Generous: Thank you for your response. I am puzzled on the delay, I received an e-mail from Mr. Mohn dated February 6th stating the City Attorney's office is working on the issue. Our neighborhood is losing patience with the landowners continued defiance to comply with City Codes. It is our hope the violations will be addressed without any further involvement form neighbors. However, several residents from the neighborhood are planning to meet to organize our concerns and prepare a presentation for the City Council. Can you please contact your Attorney's Office and request a timeline for enforcement action? This information will help minimize the neighborhood's concerns that this issue will be resolved in a timely manner. Marcus Zbinden 6460 Bretton Way Chanhassen, MN 55317 From: Generous, Bob[mailto:bgenerous(&ci.chanhassen.mn.us1 Sent: Monday, April 08, 2013 1:49 PM To: Marcus Zbinden Cc: Gerhardt, John Subject: 6411/6397 Bretton Way Marcus: It is being reviewed for charging by the City Attorney's office. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1131 baenerousCoDci.chanhassen mn.us CITY OF CHANHASSEN 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: 952.2271110 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 Web Site www.ci.chanhassen.mn.us April 3, 2013 Ms. Naomi Carlson 5955 Cathcart Drive Excelsior, MN 553317 Re: Nonconforming Uses — 6411 Bretton Way Dear Mrs. Carlson: This letter is to confirm that on March 11, 2013 the Chanhassen City Council approved the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace the former nonconforming uses subject to the following conditions, and directs staff to use the following performance standards as a guide to the continuing use of the building. 1. The City shall be notified when a tenant vacates the building. 2. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by city council 3. Any other use must be submitted to City Council for approval of changes in use. Performance Standards: • The business shall be conducted entirely within the building. • Office use is permitted. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. • Vehicle parking shall be limited to the existing, compacted gravel parking area on site. Chanhassen is a CommunityforLife- ProvidingforTodayandPlanningforTomorrow 1 }-t3 SCANNED Ms. Naomi Carlson April 3, 2013 Page 2 Please note that you will need to inform the city whenever a tenant vacates the building. Additionally, you will need to notify the city of new lessees prior to them occupying the building. All uses must meet the standards above. As a separate issue, the City maintains a list of properties that are available for development Opportunities. If you would like, we could add this property to the list. The list merely shows where the Property is located the zoning and land use for the property and provides contact information to either the property owner or their representative for individuals to contact if they are interested in the property. Please let me know if you would like to be added to the land inventory. If you have any questions or need additional information, please contact me at (952) 227-1131. Sin Robert Generous, AICP Senior Planner Attachment: Resolution 2013-20 dated March 11, 2013 9:1plan12012 planning cas U012-13 6411 bretton way zoning appeal-carison\ec decision letter.doe 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 11, 2013 RESOLUTION NO: 2013-20 MOTION BY: McDonald SECONDED BY: Tiornhom A RESOLUTION APPROVING NONCONFORMING USES AT 6411 BRETTON WAY WHEREAS, Naomi Carlson has requested a determination of nonconforming uses on property located at 6411 Bretton Way — Planning Case #2012-13; and WHEREAS, the legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2°" Addition; and WHEREAS, the property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses; and WHEREAS, the property is zoned Single -Family Residential District, RSF; and WHEREAS, commercial or industrial uses are not permitted conditional or interim uses in the Single -Family Residential District; and WHEREAS, prior to the rezoning of the property to RSF and subsequent to that rezoning, the building has been utilized for assorted machining and manufacturing businesses including woodworking shops, small part painting and motorcycle repair; and WHEREAS, artist studio and indoor warehouse or storage are less intensive uses of the nonconforming commercial uses of the property since they do not include machining, manufacturing, or contracting yard operations; and WHEREAS, continued occupation and use of the building will permit the site to be maintained, stabilize the tax base and permit limited -use commercial businesses to operate in the community. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby determines that artist studio and indoor warehouse or storage is not an intensification of the use of the property and is therefore in the best interest of the community to permit to occupy the premises. City Council approves the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace the former nonconforming uses subject to the following conditions, and directs staff to use the following performance standards as a guide to the continuing use of the building. Conditions: 1. The City shall be notified when a tenant vacates the building. 2. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by city council. 3. Any other use must be submitted to City Council for approval of changes in use. Performance Standards: • The business shall be conducted entirely within the building. • Office use is permitted. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. • Vehicle parking shall be limited to the existing, compacted gravel parking area on site. Passed and adopted by the Chanhassen City Council this 11 m day of March, 2013 ATTEST: Tod Gerhardt, City Manager YES NO Furlong Tjornhom Ernst McDonald Laufenburger Thomas A. Furlong, Mayor CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 11, 2013 RESOLUTION NO: 2013-20 MOTION BY: McDonald SECONDED BY: Tiornhom A RESOLUTION APPROVING NONCONFORMING USES AT 6411 BRETTON WAY WHEREAS, Naomi Carlson has requested a determination of nonconforming uses on property located at 6411 Bretton Way — Planning Case #2012-13; and WHEREAS, the legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2!w Addition; and WHEREAS, the property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses; and WHEREAS, the property is zoned Single -Family Residential District, RSF; and WHEREAS, commercial or industrial uses are not permitted conditional or interim uses in the Single -Family Residential District; and WHEREAS, prior to the rezoning of the property to RSF and subsequent to that rezoning, the building has been utilized for assorted machining and manufacturing businesses including woodworking shops, small part painting and motorcycle repair, and WHEREAS, artist studio and indoor warehouse or storage are less intensive uses of the nonconforming commercial uses of the property since they do not include machining, manufacturing, or contracting yard operations; and WHEREAS, continued occupation and use of the building will permit the site to be maintained, stabilize the tax base and permit limited -use commercial businesses to operate in the community. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby determines that artist studio and indoor warehouse or storage is not an intensification of the use of the property and is therefore in the best interest of the community to permit to occupy the premises. City Council approves the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace the former nonconforming uses subject to the following conditions, and directs staff to use the following performance standards as a guide to the continuing use of the building. SCANNED Conditions: 1. The City shall be notified when a tenant vacates the building. 2. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by city council. 3. Any other use must be submitted to City Council for approval of changes in use. Performance Standards: • The business shall be conducted entirely within the building. • Office use is permitted. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. • Vehicle parking shall be limited to the existing, compacted gravel parking area on site. Passed and adopted by the Chanhassen City Council this 11d' day of March, 2013. ATTEST: Tod Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Furlong Tjomhom Ernst McDonald Laufenburger Chanhassen City Council —March 11, 2013 1,p_-13 crazy so 1 would like some leadership. 1 don't really want to wait. We've been after it for quite a while. Thank you. Mayor Furlong: Alright, thank you. Mr. Gerhardt, any thoughts or comments to this? I know there was an email that came last week to the council members. I know there's been some discussions since then. Todd Gerhardt: Well I would agree with Mr. Chadwick. It is a complicated issue. I think we were talking earlier today about a chapter and a book has several chapters in it and that's how this situation kind of lays out. Lot of history that goes with it and I think staff should sit down with Mr. Chadwick, Mr. Jeurissen and put something together and bring it back to council and very soon. So that would be my recommendation to the council is to meet with Mr. Chadwick and bring back some options for council to consider. Mayor Furlong: I think that makes a lot of sense. Thank you. Any questions for Mr. Gerhardt? Councilman McDonald: Yeah, 1 have one question. As part of what you bring back, will you bring back a little bit of the history so we can understand all this in context. Todd Gerhardt: Definitely bring back the background. Definitely will do that. Mayor Furlong: Thank you. Councilman Laufenburger: Mr. Gerhardt, just one clarification. Mr. Chadwick referencing the number of a million dollars. Do you know what exactly the assessment is on this property? Todd Gerhardt: No, not right now. Councilman Laufenburger: Okay. Mayor Furlong: That will be part of the staff report then Councilman Laufenburger: Perfect. Mayor Furlong: Thank you. Thank you Mr. Chadwick. Appreciate you being here tonight. Anyone else who would like to address the council under visitor presentations? No? Okay, very good. Let's move on then to items on our regular agenda this evening. CONSIDER APPROVAL OF NON -CONFORMING USE PERFORMANCE STANDARDS NAOMI CARLSON, 6411 BRETTON WAY. Kate Aanenson: Thank you very much Mayor, members of the City Council. Good evening. This item appeared before you last October and you directed the staff to work through some issues on this project, or this existing use. 6411 Bretton Way. The subject site is located off of a cul-de-sac on Bretton Way which is just north of Curry Farms neighborhood. As you recall this was a non -conforming use. In October the City Council directed the staff to develop some reasonable performance standards for the continuation of the current and future commercial industrial use of the building. As you recall there was a non -conforming industrial use in this property. An old machine shop there and over time it has been used for other uses. So back looking at the section of the City Code, the City Council and non -conforming land use can be changed to another non -conforming if it's less intensity and it's in the public interest and in these instances the applicant has the burden of proof so what we did is tried to go back and look at the history. There's not a lot of records in some of this older documentation but to the best of our ability we SCANNED Chanhassen City Council —March 11, 2013 worked with what we had for records back in 1987 and then the 1995 structure which contained the wood working, Precision Finishing, small part painting and then the Roger Mclearen rebuilding of motorcycles so those were some of the documentations that we had on the record. So the request was then for the K2 Electrical Service, warehousing. Lake Country Builders, warehouse, and Custom Storage so what we were trying to do is kind of classify those type of uses and how they're being used. Whether it's kind of a studio or kind of outside, inside type uses. Warehousing. Storage. Actual building use so we tried to categorize them that way. So we did note also that the woodworking shop is the continuation of the previous non -conforming use. Again just to put in context, this was precipitated by the, a use coming into their maintenance lawn care service that was not part of it. It had outdoor storage which was a change in character so to go back and look at kind of what, how the uses being. How the property was being used and have the staff try to quantify that. Again trying to look at the warehouse storage. What was in the building and what was on the outside of the building. So with that, and an annual report of the tenants of the building we are recommending that maybe not, it says in January of each year but it might be something that every time there's a change, that the owner notify us. We do not have a business license requirement so if there's a change that the building would let the City know that there's a change in tenant there. Then we would also make sure that they meet the standards of those permitted uses, which I'll go through. Or the performance standards, which I'll go through in a minute. So also letting us know if a tenant vacates. The new leases, as I stated, and that they meet the performance standards. And then any other use submitted to City Council for approval of a change in use so again, anybody can request those. We look at the intensity. The goal is to move away from the non -conforming towards less, lesser use. So again the other thing that was brought up from some of the neighborhood, trying to quantify as we learn sometimes if we leave things vague at what the interpretation of outdoor storage, where it can be located, we want to quantify kind of that current parking space and limit that to what's shown in kind of the hard surface right now so that there wouldn't be an additional parking on the grassy area or if somebody needed that to use it for their space. The performance standards themselves are what we worked on with the owner of the building and also we did have a neighborhood meeting to kind of go through what their concerns. Again I think the neighbors concern was definitely the traffic issues. Again this is non- conforming. As it's being operated today there isn't that much traffic but the concern is a use would be in there that wouldn't meet that, these performance standards and we believe that these standards should direct it. Clearly the lawn care business did not meet those standards of a lot of trips coming in and out. Lot of outdoor storage so the performance standards that we have here before you now are what we're recommending. We did add one, and that's what I showed you on the parking. That vehicle parking be limited to the existing compacted gravel area so the performance standards then would be that the business be conducted inside the building so there's not outdoor activity. Office use is prohibited. Artist studios are permitted. Working shops are permitted. Indoor storage for small businesses. That's how some of them are being used right now. They're using it to store equipment. Outdoor storage is prohibited. No mechanical or electrical equipment required voltage. Excess of 220 volts shall be used in the conduct of any business and no traffic generated by any business in greater volume that would be normally expected in a residential neighborhood. And again that's why we're asking if someone was to, if a use was to change that we be made aware of that so we can check to make sure that they meet these standards. Again that there's no retail type operation where people are coming and going to exchange product or expect a sale. Then exterior parking be limited to one trailer or vehicle per business. I think one of the concerns you might hear tonight is limitation of number of businesses in there and then parking of commercial vehicles. Trying to quantify the size and the pounds to kind of what we consider a neighborhood use and then limiting where they would be stored. So with that those are the standards that we're recommending. Again based on our meeting with the neighborhood and trying to take your direction that we weren't going to make it go away but try to make it less, quantify that and make it as acceptable to the neighborhood, how it's been operating in the past few years before we ended up with the lawn care business. So with that we are recommending that you approve the resolution with the modification of the one additional thing on parking and with that I'd be happy to answer any questions. 4 Chanhassen City Council —March 11, 2013 Mayor Furlong: Thank you. Questions for staff. Mr. McDonald, question. Councilman McDonald: When I read through the report, something I'm confused about is the parking as far as the workers are concerned. You say that what happens is they generally come there, load up and then go off site. By having two spots, is that two spots for the workers or is that two spots for the business and there could be more parking if they had a crew of 3 or 4? I'm not clear as to what we're recommending as far as workers. Kate Aanenson: Well no more than 2 parking spaces per business so if there's trucks, how it's being used right now, if they would load up or not as long as it didn't exceed that. So if one business was using more than that, then that would be something that would not be in compliance. Councilman McDonald: No, I'm not talking about vehicles for the business. What I'm talking about is people who come there to work. They load up and they go off site. Did they bring cars? How many parking spots would they have? Is it limited to the 2 per business or would we allow, say it's a crew of 3. Well they come up with 3 cars. Would we allow that? I'm not clear if we would or wquldn't. Kate Aanenson: The intent was 2 parking spaces per business. Councilman McDonald: Okay, and so that would include if they have workers, they only get 2 slots and that's it? Kate Aanenson: (Yes). Councilman McDonald: Okay. Thank you. Mayor Furlong: Other questions for staff? Councilman Laufenburger: Thank you Mr. Mayor. Ms. Aanenson, how many actual businesses are currently in this building? Kate Aanenson: Right now we've identified the 5. Councilman Laufenburger: Okay, 5. And do any of those businesses occupy 2 spaces? Or are they 5 equally sized businesses? Kate Aanenson: They're not equally sized. Councilman Laufenburger: So is it, if for example one of those businesses were to leave and 2 businesses came in, would that be allowed? Kate Aanenson: Yes. Councilman Laufenburger: As long as they tell us what the businesses are and as long as we approve them as agreeable. Kate Aanenson: That's correct. It's driven by the performance standard so if they met all of the performance standards, correct. Councilman Laufenburger: Okay. And is there enough parking space to accommodate up to 2 spaces for all the business locations? Chanhassen City Council —March 11, 2013 Kate Aanenson: That would be what we would check. If there wasn't enough parking for another business to go in there, then there'd be reason for us to say that you do not meet the performance standards. Councilman Laufenburger: Gotch ya. Kate Aanenson: So that's kind of the check and balance. Councilman Laufenburger: Okay. And just one reference here, you're saying exterior parking of one trailer or vehicle per business is permitted. Kate Aanenson: Yes. Councilman Laufenburger: But you're allowing 2 parking spaces so are you requiring that the other parking space always be empty? Kate Aanenson: Well that would be a decision they would have to make. How they want to operate it but they would have to have a maximum 2 per business. Councilman Laufenburger: So if a business, let's for example let me go to one of them for just a moment. Say Larry Bremm. The artist workshop. If he wants to have a trailer outside where he stores maybe a trailer that meets the performance conditions and stores tools and if he has 2 parking spaces then he can come to his workshop in I car, then he'll have a trailer and a car in his 2 spots. Would that be acceptable? Kate Aanenson: Yes. He gets 2 spaces. How he chooses how he uses them. That's how it's written. Councilman Laufenburger: Then I'm wondering if you should exclude the limitation of exterior parking of one trailer or vehicle per business is permitted. If you give them 2 spaces, if you give them 2 spaces then they should be allowed to use those 2 spaces even if it's 2 vehicles or a trailer and a vehicle. Does that make sense? Kate Aanenson: Yes, except that you wouldn't want them to use 2 trailers. Councilman McDonald: If I could, okay is that where the 22 feet comes in because you're limiting them to 22 feet but no parking spaces 22 feet in length unless we're, unless I'm missing something here. I mean a parking space is maybe 10-12 feet? Kate Aanenson: Well our typical parking space are actually 9 by 26 is a typical parking space so. So it could fit in there. Councilman McDonald: Okay Kate Aanenson: I guess our intent is that you didn't take your 2 parking spaces and use them for trailers. There could be an abundance of trailers out there so the intent is if you get 2, then you could use 1 for the trailer parking. And again that's not how it's being used right now. We're again just trying to anticipate any changes. Councilman Laufenburger: I certainly understand the, you don't want to have potentially 20 trailers out there, right? Chanhassen City Council — March 11, 2013 Kate Aanenson: That's correct Councilman Laufenburger: No, 10 trailers out there 1 guess. You wouldn't want that but if somebody has a legitimate business let's say for maybe a 12 foot trailer and then they pull up in their car, it's quite possible they'll pull their car in the morning and then they won't leave until the end of the day, that means that trailer and the car would be violating the performance requirements. Kate Aanenson: No Councilman Laufenburger: Exterior of one. Mayor Furlong: They'd use the 2 places but I think the inconsistency potentially here is that the exterior parking of 1 trailer or vehicle per business is permitted so. Councilman Laufenburger. That's what sounds inconsistent to me Mr. Mayor. Mayor Furlong: I think if there are 2 spots, maybe limit it to 1 trailer. So that would give them a vehicle and a trailer or 2 vehicles. Kate Aanenson: That's the intent. Mayor Furlong: Is that the intent? Kate Aanenson: That's the intent. Mayor Furlong: So it sounds like we need to. Kate Aanenson: Clarify that. Mayor Furlong: Strike the "or vehicle". Kate Aanenson: Okay. Mayor Furlong: Would that then, then they'd work consistently I think. Mr. Laufenburger is that? Councilman Laufenburger: I think it does and 1 would. Mayor Furlong: I think it's reasonable. Councilman Laufenburger. And I would actually defer to the users of the facility, does that satisfy them that there's I trailer and then an empty spot for a worker to pull in or leave. Mayor Furlong: Well and we'll have an opportunity. 1 think the applicant's here so we'll have an opportunity to hear from the applicant tonight too. Councilman Laufenburger: That was my only question. Thank you Mr. Mayor. Mayor Furlong: Okay. Other questions for staff? Just for understanding, we say one of the, again on traffic will be generated at a volume that would normally be expected of a residential neighborhood. I've heard numbers, what is a, what's our expectation trips per day or, and I know it will vary but what do we, what's a typical residential neighborhood traffic? Chanhassen City Council —March 11, 2013 Kate Aanenson: Yeah, I mean you're going to have delivery trucks in. You're going to have the trash truck in. The mail carrier. School bus, I mean so. Mayor Furlong: And even just normal coming's and going's for the home themselves. Kate Aanenson: Correct. Correct. Correct. So that's exactly, so it'd be the same number of trips that you'd expect for a residential. Mayor Furlong: Okay. Alright. So the point is it's not just the expectation that a car will come in the morning and stay there all day and leave. That there'll be other vehicles coming and going. Kate Aanenson: Correct. Mayor Furlong: And perhaps vehicles coming and going from those businesses themselves during the day. Kate Aanenson: Correct. Mayor Furlong: Okay. Good. Any other questions for staff at this point? If not, is the applicant here? Ms. Carlson, if you'd like to address the council on anything. We may have some questions as well. Naomi Carlson: Hi. I'm Naomi Carlson. Mayor Furlong: Good evening. Naomi Carlson: And I have one question too so 1 don't know if you want to ask your's and then I ask mine or. Mayor Furlong: No, we'll start with your's first. If you could just state your address for the record, for the please, I'd appreciate that. Naomi Carlson: Oh, okay. 5955 Cathcart Drive, Excelsior. Mayor Furlong: Thank you. Why don't you go ahead and give any comments or questions if you'd like to. Naomi Carlson: Okay. I think the conditions are fine. I have one question though. You're excluding office use and I'm wondering why because I would think that would be a pretty good use for some of the space. A quiet office so do you mind telling me why you put that in there. Kate Aanenson: I guess looking at the nonconforming and the traffic, I guess I'd let the council if they wanted to give some feedback on that. I guess when you look at office space, if you limited that, that's where you could have quite a few. If it was just individual office, someone that wanted to use it. Naomi Carlson: Yeah. I mean not with, I mean maybe like a, if a psychiatrist or psychologist would have one client at the time but nobody's ever approached me for that but just for private, for a private office without people coming and going. No sales or anything like that. I'm just curious. Right now 1 don't have any plans for but I have been approached in the past and I would think that that would be a suitable use for it. Chanhassen City Council — March 11, 2013 Mayor Furlong: Alright. And we'll, that's a good question. We'll talk about that when the council discusses that. Naomi Carlson: Okay. Mayor Furlong: And that's a fair question. Any other comments? You said generally the performance standards seem okay to you. Naomi Carlson: Yes they do. Yeah. Mayor Furlong: Okay. Naomi Carlson: In the future, I'm working really hard to get my house sold so that I have some money to put into the building. Until somebody comes along and wants to buy it and put some homes there, but as long as I'm using it I might want to talk with somebody about rearranging parking or something you know so that it's, it looks better. Looks nicer and that sort of thing so that's the only comment I have I guess. Mayor Furlong: Okay. Naomi Carlson: Would you like me to stay up here or sit down? Mayor Furlong: Why don't you stay here in case there are questions. Naomi Carlson: Okay. Mayor Furlong: Any questions for Ms. Carlson? One of my questions really was your opinion on the standards so I appreciate you talking to that. There was the other question that Mr., Councilman Laufenburger brought up about the 2 parking places and allowing 2 vehicles. A trailer and a vehicle or 2 vehicles. Does that seem agreeable to you? Naomi Carlson: Yes, that's fair. That's you know, right now there's only, there are 2 that have a trailer or a truck there that are left overnight where they come during the day but then somebody mentioned Larry Bremm. He's the one right now who does have the trailer with his supplies and things in it so, so I would hope that he would be allowed to continue to do that. Mayor Furlong: Okay, Alright. Any other questions for Mrs. Carlson? Okay, very good. Thank you. Naomi Carlson: Thank you. Mayor Furlong: Appreciate it. Ms. Aanenson, there was a neighborhood meeting as well. Kate Aanenson: Yes. Mayor Furlong: How many people attended that? Kate Aanenson: I'm not sure of the exact count. Mayor Furlong: Okay. Kate Aanenson: Actually Bob Generous held that meeting. 1 know some of the residents are here. Chanhassen City Council —March 11, 2013 Mayor Furlong: Yes, and I just wanted to, 1 don't know if everybody that was at that meeting is here or maybe there are other people but certainly if there are some of the residents that would like to provide the council with some comments, be happy to listen to that at this time too. Kate Aanenson: Yeah, I was just going to say. There was a pretty good summary based on what happened at that meeting. A perspective of that and I think that was mostly the traffic generation and I think again that was precipitated by the use that kind of made us re-examine how the use is being, the property is being used and make sure that we have good information on how it's being used. Who's in there and the traffic and the like so I think that was the biggest issue. Mayor Furlong: Alright. Okay, thank you. Are there some members of the public that would like to provide comment to the council? Good evening. Marcus Zbinden: Good evening. My name is Marcus Zbinden. I live at 6460 Bretton Way Mayor Furlong: Good to see you, thanks. Marcus Zbinden: Mr. Mayor, members of the council, I have a few comments regarding the proposal here. The residents in our neighborhood have tolerated the existence of the business located at 6411 Bretton Way because some commercial business was present when we moved in. Over the years many things have changed as tenants moved in and out. The building has clearly gotten older and the property owner has allowed it become an eyesore. Now we're in a situation where the property owner continues to collect rent from the business and the apartment that they own next door and allows the building to become an eyesore and it's in disrepair like I had mentioned. Meanwhile the neighborhood, the people who live in the neighborhood are negatively impacted because our property values have decreased because of that property and I'd like to see that somehow addressed because as of right now the Chanhassen building officials have been sending the property owner notices regarding the violations but at this point nothing's been done regarding repairing the outside of the building. I have read the information drafted by Mr. Generous and have the following comments. In the summary of the neighborhood meeting that was just mentioned, he lists two main concerns about the property which are traffic and of course the poor maintenance. There's a third issue that is also a major concern of residents and that is the outside storage which you've also discussed a little bit here. In particular the trailers and the vehicles. In the performance standards staff does not place a limit on the number of businesses allowed. Currently there's 5. At one point there was 6 before the lawn care service left but there's no, nothing preventing them other than the parking restrictions there that would limit the number of businesses in that structure. Staff has stated that there will be no materials and equipment allowed to be stored outdoors. This is in contradiction when you include the standard which allows each business to have a trailer. Most contractors use trailers for storing equipment and material so those two items are contradiction with the other and certainly we do not want to see, the neighborhood does not want to see 5 to 6 trailers stored there permanently with trucks as well. That's also an eyesore and that's currently not happening. When we moved in there was no trailers at all in that location. They have been added over the years but when we moved in there wasn't any so that's something new to us. So my request would be for the City to require the owner to come into compliance with the building code violations. I'd like to see a limit placed on the number of businesses allowed and I'd also like to see the elimination of any outside storage including the trailers and the trucks. Thank you. Mayor Furlong: Okay, thank you. Any questions for Mr. Zbinden? No? Thank you. Others that would like to provide comment. Sara Harvey: Hello Mr. Mayor, City Council. Sara Harvey. 10 Chanhassen City Council —March 11, 2013 Mayor Furlong: Good evening Sara Harvey: I live at 6281 Teton Lane in Chanhassen. I just wanted to say that I agree with everything that Marcus just stated and really our concern, another concern is we just want the property owner to be held accountable. As Marcus stated she has been asked several times to bring the property into compliance with the ordinances and has been you know delaying the process and not been held accountable so I guess one question 1 have, 1 don't know if I can ask a question but I'm wondering what would happen if she doesn't comply with the performance standards and the conditions laid out and if at all possible if we could put something into the performance standards that if she doesn't comply with them that she would lose that ability to have those non -conforming uses. Mayor Furlong: Well let me go to staff and perhaps this is the City Attorney if necessary but once the performance standards are in place, if there's non-conformance with them what would be the process? As you both look at each other. Roger Knutson: I didn't want to step on what she was going to say, sorry. Well there's several things. First you'd send out a letter saying you have to come into compliance. Mayor Furlong: Okay. Roger Knutson: And if she didn't we could have a, there's a couple options. One would be to bring an injunction action to require her to roll back to what's allowed and stop violating these requirements or potentially a criminal citation. Mayor Furlong: And initially that would be at the staff level that those, and that's typical. That's not unique to this situation. Kate Aanenson: Correct. Mayor Furlong: Any type of non-conformance, non-compliance I should say. Non-compliance would be interpreted or viewed by the staff and evaluated 1 assume and then appropriate steps would be taken. Roger Knutson: Sure. Kate Aanenson: Yeah I just wanted to separate the two issues here. What we're addressing in this is the performance standards. Certainly the neighbors would like to see the nexus between the property maintenance. We are pursuing that on a separate track. This is what the direction of the staff all based on what you asked us to do and that was to try to get a clear picture of how the building's being used and who's in there. The other issue is still ongoing between the applicant's attorney and our attorney's office. Some things are time sensitive or temperature sensitive so we are working through those issues. Mayor Furlong: That's with regard to the building maintenance. Kate Aanenson: That's correct. And so we will get with the applicant is working on those so we are moving forward on that so again it's, has to do with seasonal issues that we can't address when there's snow on the ground so we, some things haven't been taken care of but we're moving forward on that issue so that, we didn't put that as a part of this but that is a separate track we're working on. Mayor Furlong: Okay Chanhassen City Council —March 11, 2013 Sara Harvey: So yeah, I mean we understand that it's a separate issue. We just felt like it's, we still feel that it's relevant to the case of allowing her to continue to rent or to rent to new tenants if the building is potentially unsafe or hazardous and some of these things haven't been dealt with so that's where we're coming from. And then again I second just what Marcus said about the concern about the additional vehicles and the way that these performance standards are worded is that it could potentially allow for an unattended consequence of allowing for an intensification of the use and a legal intensification of the use if you allow these two vehicles for property and then all of a sudden you have a landscape company come in again and they're parking vehicles and trailers outside so that's our concern with that so thank you very much for your time. Mayor Furlong: Okay, thank you. Question on the outside storage and the trailer Ms. Aanenson. Is the intention with allowing a trailer, if there's storage it would have to be inside that trailer or a vehicle? It couldn't be outside a vehicle or trailer, is that? Kate Aanenson: That's correct and that kind of goes back to the question of the one trailer so that would prohibit somebody that's main business would be hauling trailers to construction sites. Mayor Furlong: Two trailers would not be allowed under these standards? Kate Aanenson: Right, so that wouldn't allow somebody that has a large construction business or landscaping business to store all those trailers out there overnight. Having said that, if you had 5 different types of businesses, it did allow for you know you could have one per of those businesses. Again we have to look at all those on an individual cases. I think part of the issue there is we tried to more carefully look at the landscaping requirements on that. They're limited in where they can park. Keeping the drive aisles clear and that sort of thing so that's part of the performance standards too to be able to park on site and still provide circulation in the area. Mayor Furlong: Okay. Thank you. Others that would like to provide public comment this evening. Good evening sir. Daniel Feller: Good evening. Daniel Feller, 6430 Bretton Way. Just a couple questions I have with restrictions or the rules for the different people who can be in there. Is the first on the traffic. My concern with that is if we allow 2 vehicles per tenant of this building, that's at least 10 cars there at least the 5 businesses that are located in there and there's nothing you know saying that we can't, you know that they can't split these businesses up and actually have 10 businesses there which is not 20 vehicles. Basically it turns our, you know the neighborhood into a big parking lot across the street from my house. Not something that I care to look at so I'm kind of curious if there's any limits on how many businesses can be in here as well as you know the total number of cars for the overall property in itself. And then the second part which kind of goes you know with it, the businesses is just hours of operation. You know when can these people be coming and going and loading their vehicles up and you know making the noise across the street from our house so those are my two comments for that. Mayor Furlong: Okay, thank you. Ms. Aanenson any discussion with Ms. Carlson on either of those two issues? The businesses or the hours of operation. Kate Aanenson: Well you know I guess I'd go by our typical nuisance ordinance for loading. What we would have like in a development contract. Not before 6:00 a.m. Done by 9:00. Mayor Furlong: Is that part of our current ordinances or noise ordinances? 12 Chanhassen City Council — March 11, 2013 Kate Aanenson: Our nuisance ordinance. That'd be mowing lawns, that sort of thing. Typically if somebody's doing work inside a building, if someone shows up to work and they're working inside their building, we don't regulate that because there's no exterior noise if someone was to pull up. I guess how we looked at it too, if you could 4 homes on here what would typically be generated by that type of traffic and it'd be similar. If you look at the type of uses and that's really how we came up. If you look at the history of this building, I'm not sure we've had a lot more, you know maybe would there be 10 businesses in there? It hasn't happened but to say it couldn't, don't want to say that but again based on the parking. The only thing you, we could do more specifically is try to assign some sort of parking matrix to that to limit that if you could get more than, if all 10 businesses went in there. Mayor Furlong: Well I think one of the, if I'm looking at this correctly your, if you could bring up your performance standards again on the screen. The item you added at the bottom, vehicle parking be limited to existing compacted gravel. That indirectly places a limit on, if businesses can have 2 vehicles, there's at least a limit there. I don't know with that space and how it configures both from an area standpoint. How many that would be but, and I'll provide a comment here maybe stepping out a I ittle bit. If one business is currently taking up more space than the other businesses and if the large tenant leaves, then you're limiting somebody to that large tenant as opposed to possibly doing something more economical with that space so that's what I'm a little concerned about picking a number of businesses but we have some other parameters in terms of property use and the external use of the property with what's being proposed here with regard to number of places as well as where vehicles can park and 1 think one of the things, if I recall when we had this back in October, we had the landscape company parking in the back of the building or the north side of the building 1 should say. Kate Aanenson: That's correct. Mayor Furlong: On the grass and so I think that's precipitated this last proposal here that it would be limited to the gravel parking area which Ms. Carlson I assume that's part of, that seems reasonable to you on that so. Mr. Gerhardt, thoughts or comments. Todd Gerhardt: Mayor, council members, you could put in a maximum. You know not to exceed 10 parking spaces. You have that authority. Mayor Furlong: And so it's nice to know what our options are there again I think this last component helps with that a little bit in terms of limiting where the vehicles are. How much space there is for vehicles to park so. So okay, thank you for that. Anyone else that would like to provide? So 1 guess getting back to Mr. Feller's question about hours of operation, if I'm not mistaken, our existing ordinances would likely cover any noise issues or nuisance issues. Kate Aanenson: Right we would handle it, yeah we would handle it the way we would with any other nuisance. Making loud noise after those same hours. Mayor Furlong: Okay. Alright, thank you. Jerry Story: I'm Jerry Story. I live at 6281 Teton Lane. Right behind 6411. There's still outdoor storage going on on the property. That's been 5 months since they've been notified. Especially on the east end there's still outside storage. There's a pick-up cover that's leaning up against the building. I think that's actually in the front of the building. I'm concerned about parking in back of the building also because the roadway's only like 8 or 10 feet wide so there's actually no way vehicles could park back there without blocking. In other words if there was 2 vehicles, one would be blocking the other and there's no way to get around. 13 Chanhassen City Council —March H, 2013 Councilman Laufenburger: Mr. Story, when you say the back, you're talking about the north side of the building, is that correct? Jerry Story: The north, yes. Councilman Laufenburger: Okay, thank you. Jerry Story: Yes. And another concern I have is to take up these parking spots, what if they allow someone who's not even a tenant to take up one of those parking spots with a trailer or whatever? There's no way that we're going to know this. Mayor Furlong: Okay. Jerry Story: Thank you. Mayor Furlong: Thank you Mr. Story. Others that would like to provide public comment this evening. Okay, thank you. 1 appreciate everybody's thoughts and comments on that. Council, discussion. Thoughts. Questions. Questions for staff. Mr. Laufenburger. Councilman Laufenburger: Just a comment Mr. Mayor, thank you. Kate, let's go to the phrase the performance standards. Outdoor storage of materials and equipment is prohibited. Would it be more accurate to say that unenclosed outdoor storage of materials and equipment is prohibited? Because what you're saying is if the business has, 1 think Ms. Carlson said that Bremm Restoration, they have a trailer, or he has a trailer where he keeps tools. That's acceptable according to these performance standards but if he had wood that he leaned up against the side of his business, you wouldn't want that to happen, right? Or would that be acceptable? You understand my comment? Kate Aanenson: Yes. Yes I do. I'm just trying to think that through. How some people run their business. If you set something out there temporarily for 24 hours or you know whether it's a continuous storage issue. So the intent is that we don't have things piled up on the site. Councilman Laufenburger: But if they're piled up inside an enclosed trailer, we don't care about that. Kate Aanenson: Correct. Councilman Laufenburger: Or that would be acceptable. Mayor Furlong: Under these standards. Kate Aanenson: Yeah so, I mean are you saying except for a. Mayor Furlong: I think it's a question. I don't know if it's a recommendation. Councilman Laufenburger: It is a question. Kate Aanenson: Well where I'm going with that is, if someone was to build little structures out there to put outdoor storage, to add additional buildings to cover them up so I think we're saying outdoor storage is prohibited. The caveat to that would be, the fact that you can have a trailer. That it may have some storage in it. So I think it's. Councilman Laufenburger: Outdoor storage except inside an approved trailer is prohibited. 14 Chanhassen City Council —March 11, 2013 Councilwoman Ernst: So it has to be enclosed Councilman Laufenburger: I'm not trying to craft your language here. I'm just trying to paint a picture in my mind that would prohibit or that would satisfy what Mr. Story described as some things leaning against the east side of the building. That sounds like that probably shouldn't be here according to these performance standards which the council is considering tonight. Kate Aanenson: Correct. That's correct. Roger Knutson: Mayor and council, if it's inside a trailer in my judgment it wouldn't be outdoor storage. We have limitations on outdoor storage all over in the whole city and no one, if you want, no one looks in what I keep in the trunk of my car. That wouldn't be considered outdoor storage. Mayor Furlong: And I guess my thought would be, as much as we can allow our existing, this is just a comment and be happy to listen to other. As much as we can keep the existing ordinaitces as. Councilman Laufenburger: Governing. Mayor Furlong: As governing we should do that because that's what we're trying to look at is what's unique here that has to be addressed because of the nonconforming nature of this building. Kate Aanenson: Thank you Mayor, that's what 1 was trying to say. It's covered by the fact that you've got, you can have a trailer. You can store in your trailer so 1 think it's covered. That's what I was saying. Mayor Furlong: Yeah. Councilman Laufenburger: Okay. Kate Aanenson: Then we already have the nuisance ordinance which is addressing kind of the hours of operation. If someone's pulling in and going inside the building, that's fine. You can leave your residence at any time. Mayor Furlong: Yep. That would be normal residential traffic, you can come and go 24 hours a day. Kate Aanenson: Quietly, but if you're you know starting up equipment or those sort of things outside then that would fall within the nuisance which we already have in place. I think the one thing 1 heard you say, state Mayor and that was, and it came from the residents, because our map is, does show this hard surface up here. If that would be your intent to not permit parking in that area, I think that's something you may want to clarify if you do or don't went it there. Mayor Furlong: If it's part of the existing gravel, I mean if you know if that's where they're limited then that wouldn't necessarily, if that's where some of the parking places would be because that's where somebody's business entrance is you know if we're limiting it to 2, again I don't want to speak for the council. I'm just sharing some thoughts. We're trying to limit it to what's existing there now so as I read that, what we, by saying existing, part of the non-conformance is we're not looking at expansion of the parking surface area beyond what's there now. And that I think does bring in, because of the other performance measure that's being recommended of the two parking places per business that the existing parking area does provide somewhat of a natural limitation on number of businesses as well. 1 don't know if that's the existing 5. if it was 6 there before or not so that would be a function not only of the 15 Chanhassen City Council —March 11, 2013 area obviously but access as well as configuration and such. Mr. McDonald, did you have a question or comments? Councilman McDonald: Well I've got a couple but to piggyback on what you're talking about. If we leave it to just what's the existing parking, that will limit the number of businesses because again if you're saying that you're only going to allow so many spots based upon that then at some point a business comes in there and they've got no place to park so 1 think leaving it at the existing as you proposed Mr. Mayor does address one of the issues that came up tonight. The other thing Ms. Aanenson that 1 wanted to ask about that was brought up by a couple of people. They talk about they're not in compliance with either health or safety or standards inside the building. As part of all this did we inspect the building? Kate Aanenson: We have for the code enforcement yes, and that's the issues we're working on. Yes. Councilman McDonald: Okay, so there are ongoing issues and they've been identified and they're being worked. Kate Aanenson: That's correct. Councilman McDonald: Okay. That's really it Mr. Mayor. 1 mean 1 agree in principle with what you're saying is we're trying to keep from intensifying but yet we're trying to define and stay within what the ordinances would provide and I think that you know keeping existing parking does address some of the issues and everything so thank you. Mayor Furlong: Thank you. Other questions for staff? If not, comments from members of council. Any comments? Councilwoman Tjornhom. Councilwoman Tjornhom: I think I'm satisfied with the improvements and some of the details that have been worked out so I'll be supporting this. Mayor Furlong: Thank you. Any other comments? Councilwoman Ernst: Mayor I have a comment. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I just want to say that I appreciate the residents coming in and offering their feedback on this property as well as staff working with the applicant to make the modifications but still make sure that we're conforming with the standards. And I certainly would support the resolution because 1 feel that it, it's working with all the groups. Especially if Kate you continue to work on the maintenance piece of it. That was one that was brought up tonight and I think we need to make sure that we're addressing that as well but in my mind it feels like everything's been addressed and 1 would support it. Mayor Furlong: Thank you. Any other comments? No? Mr. McDonald. Councilman McDonald: Yeah my comment to all this is, 1 understand the residents concerns and everything and yet by the same token this was an existing, or this was an existing, I don't know if you want to call it business or residence or whatever but it was there. You admitted that yourself that there were things there. I do agree that we need to do things to try to limit it to what was there before and not to expand the business, which was part of the problems that you came with last fall. Yeah I wrestled with this one for a long time. I really want to thank staff. 1 think you have put together something that looks V Chanhassen City Council —March 11, 2013 as though it's workable, at least in the near term. It by no means solves the problem. I think this is an ongoing problem that's going to need to continue to be worked and Mrs. Carlson 1 think she does understand that there's a lot of shortcomings that have to be taken care of. I mean in the long term there's a lot more that has to be done with this property. I understand part of the problem you have is money and yeah, it does cost to have property. I think what we're offering you here as far as the City and hopefully what your neighbors will give you is a little bit of time but I do sense that patience will run out quickly if improvements are not made that people within the neighborhood can see that you're also doing your part in all of this to again fit into the neighborhood and be a good neighbor but the way things are, I could easily support it. I think we brought up a number of issues tonight to clarify some things that will help it so 1 could support this. Mayor Furlong: Thank you. Mr. Laufenburger any comments? Councilman Laufenburger: Thank you Mr. Mayor. I appreciate comments from my colleagues about this. I'm just reminded, not in a bad way but just in a subtle way that neighborhoods are made up of people in different seasons of life, different circumstances, yet what I think are the most successful neighborhoods are those where the neighbors recognize the differences between them and the people around them and they reach out and perhaps help, assist, encourage, look out for, look after the other people in the neighborhood and this is not, I'm not convicting anybody here. I just think there's probably circumstances involved here on all of the neighbors part that with a little bit of grace they might find it quite acceptable to have the businesses that Mrs. Carlson has in that structure, that they could be contributors to the neighborhood as opposed to what are currently described as detractors from the neighborhood. The character of the neighborhood is made up of, made up by the characters in the neighborhood. So I would just encourage that people would find ways to be good neighbors. Thank you Mr. Mayor. Mayor Furlong: Certainly thank you. I generally agree with some of the comments tonight. What I would suggest some specific changes to the proposal that have come up tonight so whoever ends up making a motion in terms of looking at some of these components. First of all Ms. Carlson asked about office use. Second bullet point says office use is prohibited. I would think that that would be viewed as perhaps the same or lessening of intensity as long as it follows the subsequent requirement that the traffic volume be no greater than that expected in a residential neighborhood so I think to the extent the traffic volume, which is what I'm hearing quite a bit is cars, vehicles coming and going, parking, office use to me I think would be a permitted, could be a permitted use and 1 would suggest to the council that we include it as a permitted use, realizing that there are safeguards both in terms of the parking requirements, limitations, subsequently as well as the traffic volumes so I would certainly listen to other comments there if people have some. The other bullet point that talked about, we talked about earlier which is the second from the bottom in our council packet. 1 think it would he third from the bottom with regard to the proposed, with regard to the exterior parking, that we strike the words "or vehicle" there and limit it to one trailer per business. It would be third from the bottom on the screen now. I do agree with the additional bullet point that's been added here by staff at the council meeting that wasn't in our packet about limiting it to the existing gravel area because as we've discussed, Mr. McDonald talked about that, that is a limiting component in terms of the other concern about number of businesses. The other thing, looking at the other conditions of the motion, I would propose that we strike the annual report requirement on the tenants. Some of these tenants have been there for many, many years. Really what I think from a city's role we're interested is if there are changes. To the extent that they, item number 2. Letting the City know if there's a tenant vacancy because of the non -conforming component and the one year requirement there of that use, that would be important. Something that we'd have to see. Also notification of new tenants coming in and obviously seeking any changes would come to a council so 1 think under the conditions, I don't know that it's necessary to receive an annual report. I just think that's putting an administrative burden on staff that I don't know that we have to do and I don't know what 17 Chanhassen City Council —March 11, 2013 value it comes. If it's just no changes so to the extent that there's a request, a requirement for notifications of tenant vacancies and new tenants coming in and for the purpose for staff to evaluate their compliance with the performance standards I think those are reasonable and appropriate requests so it'd be my suggestion that number 1 comes out and the other 3 be re -numbered. Any thoughts or comments on that? Councilwoman Tjomhom. Councilwoman Tjomhom: Can I just ask staff why number one's in there? That's the one the mayor wants to strike. Kate Aanenson: Yeah. I'm looking for what you're looking at. You're looking at conditions. Councilwoman Tjomhom: The annual report of tenants in the building. Kate Aanenson: For that reason I think we're perfectly comfortable. It makes more sense really to just say if there's a change in use we'd hold it up against the performance standards and we can certainly put it on an agenda. Just informational to let you know there's been a change. Communicate that, yeah. Mayor Furlong: Yeah that's fine. Or to the extent, like so many things that you do currently, which is all sorts of stuff that we never hear about because it's just handled administratively. Kate Aanenson: Yeah, correct. Mayor Furlong: With normal code compliance requests and obviously anything that you think is important for us to know, putting it into our council packets would be the proper way to do that. Kate Aanenson: Agreed. Yeah. Mayor Furlong: Does that answer your question Councilwoman Tjomhom? So, so again just looking at my list here. Those I think were the components that I recommend but overall I want to thank everybody that's been involved. Ms. Carlson, the Story's, Mr. Zbinden, Feller, other neighbors that are not here tonight, finding a way. All this is about finding a way to try to balance everybody's interest and work together and my sense is it may not be perfect for everybody but I think we're getting pretty close to what's a fair balance here and ultimately that's what we're looking to do so I would certainly support the motion with the recommended changes. So would somebody like to proceed with a motion? Councilman McDonald: I'll do the motion. See if I can do justice. Mayor Furlong: Mr. McDonald. Councilman McDonald: 1 guess the first thing I would propose to the council is that we modify the performance standards to include the addition of an office within this facility so long as it meets the other performance requirements. Again that's parking space and those types of things and also within the performance standards does include the thing about normal neighborhood traffic so that would limit the type of offices. Also and changing the wording down where it says exterior parking of one trailer. Change that to exterior parking of a trailer. Does that fit within what? Mayor Furlong: That's fine. Ms. Aanenson, that's okay? Kate Aanenson: Yep, that's great. 18 Chanhassen City Council —March 11, 2013 Councilman McDonald: And then also then within the recommendation I would like number one, renumber 2, 3 and 4 to be 1, 2 and 3. Then with that I would recommend that the council adopts that motion as put forward by staff with the modifications that I have enumerated upon which would be approving for the non -conforming uses at 6411 Bretton Way. Mayor Furlong: Thank you. 1 think that's. Kate Aanenson: Yep, just clarification, yes. We also put in your packet a resolution so I'm assuming that's also adopting the resolution. Mayor Furlong: Adopting of the resolution. Is that resolution consistent with the change in the performance standards...? Kate Aanenson: Yes it is. Again trying to clarify the standards and our to zoning and the like so. Mayor Furlong: Okay, and so adoption of the resolution Mr. McDonald would be part of your motion? Councilman McDonald: Okay. Then 1 recommend we adopt the resolution. Mayor Furlong: Thanks. Thank you. The motion's been made. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion's been made and seconded. Any further discussion? Or any discussion on the motion? Further discussion on this item. Hearing none we'll proceed with the vote. Resolution #2013-20: Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council adopts the Resolution Approving Non -Conforming Uses at 6411 Bretton Way with the following performance standards and conditions: 1. The City shall be notified when a tenant vacates the building. 2. The City shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by City Council. 3. Any other use must be submitted to City Council for approval of changes in use. 4. Performance Standards: • The business shall be conducted entirely within the building. • Office use is permitted as long as it meets the other performance standards. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. 19 Chanhassen City Council —March 11, 2013 No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. Exterior parking of one trailer per business is permitted. Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: Southwest Metro Chamber of Commerce committee or board hosted a meeting this morning at IWCO with, who was the host, with Councilman Representative Congress Paulson, thank you. Screwing up my words so anyway it was, there was good attendance. Very good questions and it was nice to see Congressman Paulson here in our town working with our businesses. There were some questions that came up too about the businesses and trying to work with the high school and get more internships involved and I think Mr. Gerhardt if we could follow up with that too. Bev over at IWCO raised that question as well and looking for opportunities for high school students, especially those that might be more interested in the industrial arts to seek and develop internships with our local businesses as well. So it was a good meeting. I just want to on record thank Representative Paulson for coming to Chanhassen and meeting with our area businesses. Administrative presentations, Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Just one quick one. We do have a leaders meeting with 112 this Friday and so we can bring that internship program with them. That's it. Mayor Furlong: Okay. Thank you. Any questions for Mr. Gerhardt None. Mayor Furlong: We will continue our work session items immediately following the meeting and so if there's no other business to come before the council this evening, is there a motion to adjourn? Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 20 CITY OF CHAN9ASSEN 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: 952.22T1 170 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 Web Site www.ci.chanhassen.mn.us 3a MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: March 11, 2013 � p SUBJ: 6411 Bretton Way "1�` Planning Case #2012-13 PROPOSED MOTION "The Chanhassen City Council approves a resolution approving nonconforming uses at 6411 Bretton Way. City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY At the October 22, 2012 City Council meeting, city staff was directed to develop reasonable performance standards for the continuation of the current and future commercial and industrial uses of the building. These standards are being presented to City Council for further discussion, review, and a final determination. Pursuant to City Code section 20-72 (e), "If approved by the city council, a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest." The intent of the nonconforming use ordinance is to encourage the elimination of nonconforming uses, lots and structures, or reduce their impact on adjacent properties. City Council is not required to continue to allow uses that are not permitted in the zoning district if they have been discontinued for more than one year. Since there is no machining, manufacturing or contracting business uses, with the exception of the woodworking business, such uses would not be continuing nonconforming uses of the property, unless they were approved as such by City Council. On February 14, 2013, staff met with the property owner to receive her perspective on the existing uses of the building. Additionally, staff provided the owner with surveys which were to be filled out by the businesses. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Nonconforming Use Permit 6411 Bretton Way March 11, 2013 Page 2 On November 20, 2012, city staff held a neighborhood open house to solicit comments on the use of the property. Nine residents were present at the open house. The neighbors were primarily concerned with noise, traffic, and property maintenance issues, which are being addressed separately through the building department. On October 22, 2012, the City Council determined that Greenscapes Lawncare was an intensification of the nonconforming use and had to vacate the property. Greenscapes Lawncare vacated the property by December 1, 2012. In addition, staff was directed to evaluate the intensity of uses and come back to City Council with a report on appropriate performance standards for the continuing use of the property. DISCUSSION As part of staff s attempt to develop standards for the use of the property, the following operational issues were reviewed: type of business, parking and employees, traffic generation, hours of operation, noise, pollution, odors, equipment, materials and storage. The neighbors, the property owner, and the businesses were included in the research regarding the use of the building. Based on inspection of the building in 1995, the City had the list of users of the building: Ramsey Woodworking (woodworking shop), Precision Finishing (small part painting), Roger Mcleare (rebuilding motorcycles). These are the presumptive nonconforming uses of the property. Based on information provided by Mrs. Carlson, the following is a list of the current tenants: Lessee Lease Date K2 Electrical Services June, 2002 Lake Country Builders October, 2005 Custom Charters November, 2005 Larry Bremm May, 2011 Andrew Clark August, 2011 Business (use) Electrical contractor (warehouse) Building contractor (warehouse) Boat charter (storage) Larry Bremm (Artist workshop) Custom woodworking (woodworking shop) It appears that the only continuing nonconforming use within the building is the woodworking shop. All the other uses are changes in uses that must be approved by City Council. Mrs. Carlson and the businesses have provided consistent descriptions of the use of the building. Except for the artist studio and woodworking shop, the use of the building is limited to the storage of material and equipment which is used at offsite locations. Traffic to the site is generally limited to morning and evening. No outdoor storage is used. Only one company vehicle or trailer is located at the site Nonconforming Use Permit 6411 Bretton Way March 11, 2013 Page 3 overnight. One and sometimes two employees per business may access the site. Minimal deliveries are made to the location with an estimate of three to five times per year. Warehouse and Storage These establishments are primarily engaged in the warehousing and storage of business material. In these instances, it appears that the material storage is for building finishing companies, which are establishments primarily engaged in the specialty trades needed to finish buildings, and for a boat charter operation. Building finishing businesses include custom builders, electrical repairmen, HVAC repairmen, plumber's material, drywall and insulation, painting and wall covering, flooring, tile and terrazzo, and finish carpentry. The building is being used for storage only with the businesses office facilities off-site. Material stored here is limited in size since it must be stored indoors. The material is not sold from the site on a wholesale or retail basis, but is used by the business in their operations. Woodworking Woodworking is building a variety of products such as cabinets and furniture using wood. This is a skilled craft operation and not a mass manufacturing operation. Its operation may be very similar to an artist studio in that the craftsman makes a high-quality, distinctive product in small quantities using traditional methods. Artist Studio Artist is defined as a skilled manual worker; a craftsperson, a person skilled in applied art. Specifically, we are defining an artist as a person that makes a high-quality, distinctive product in small quantities, usually by hand and using traditional methods. Neighborhood Meeting At the neighborhood meeting, the primary concern expressed by the residents was the amount of traffic generated by the uses and the maintenance of the property. Ultimately, they would like the site used for single-family homes. Except for the lawn care service which has left the property, the remaining uses have very minimal traffic. The artist studio and woodworking shop have irregular and off-peak hours. The building trades people come in the morning to pick up their material for the day then go to an offsite work site and return at the end of the day to pick up their personal vehicle. The site is simply used for the storage of their building material. Some of the neighbors felt that the uses should go back to those in the 1970s, but based on the property owners report, that would include a woodworking manufacturing facility with up to five employees, a motorcycle repair business, and a paint shop. Artist studios, storage or warehouse uses appear to be less intensive uses than either the painting establishment or the motorcycle repair business. Nonconforming Use Permit 6411 Bretton Way March 11, 2013 Page 4 PERFORMANCE STANDARDS Staff is proposing that building occupants comply with the following standard: • The business shall be conducted entirely within the building. • Office use is prohibited. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer or vehicle per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. RECOMMENDATION Staff requests that City Council make a determination of the nonconforming uses of the property located at 6411 Bretton Way. If City Council decides that these uses may replace the previous uses of the site, such approval should be subject to the following conditions: 1. An annual report of the tenants in the building shall be provided in January of each year. 2. The city shall be notified when a tenant vacates the building. 3. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by City Council. 4. Any other use must be submitted to City Council for approval of changes in use. ATTACHMENTS 1. Resolution. 2. Email from Daniel Feller to Bob Generous dated January 4, 2013. gAp1ant2012 planning ca \2012-13 6411 bmtlon way inning appeal-carlson\cc memo performance standards.doc DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION NO: 2013 - BY: A RESOLUTION APPROVING NONCONFORMING USES AT 6411 BRETTON WAY WHEREAS, Naomi Carlson has requested a determination of nonconforming uses on property located at 6411 Bretton Way — Planning Case #2012-13; and WHEREAS, the legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2"d Addition; and WHEREAS, the property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses; and WHEREAS, the property is zoned Single -Family Residential District, RSF; and WHEREAS, commercial or industrial uses are not permitted conditional or interim uses in the Single -Family Residential District; and WHEREAS, prior to the rezoning of the property to RSF and subsequent to that rezoning, the building has been utilized for assorted machining and manufacturing businesses including woodworking shops, small part painting and motorcycle repair; and WHEREAS, artist studio and indoor warehouse or storage are less intensive uses of the nonconforming commercial uses of the property since they do not include machining, manufacturing, or contracting yard operations; and WHEREAS, continued occupation and use of the building will permit the site to be maintained, stabilize the tax base and permit limited -use commercial businesses to operate in the community. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby determines that artist studio and indoor warehouse or storage is not an intensification of the use of the property and is therefore in the best interest of the community to permit to occupy the premises. City Council approves the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace the former nonconforming uses subject to the following conditions, and directs staff to use the following performance standards as a guide to the continuing use of the building. Conditions: 1. An annual report of the tenants in the building shall be provided in January of each year. 2. The City shall be notified when a tenant vacates the building. 3. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by city council. 4. Any other use must be submitted to City Council for approval of changes in use. Performance Standards: • The business shall be conducted entirely within the building. • Office use is prohibited. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer or vehicle per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. Passed and adopted by the Chanhassen City Council this 11 m day of March, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Generous, Bob From: Daniel Feller [djfeller@yahoo.com] Sent: Friday, January 04, 2013 5:05 PM To: Generous, Bob Subject: Neighborhood discussion on barn at 6411 Bretton Way Bob Thanks for setting up the meeting with the Curry Farms neighborhood regarding the buildings at 6411 Bretton Way. I'm encouraged to see the city take a role in coming up with a solution for all parties involved. One of the discussion points was to define criteria for this type of property contained within a residential neighborhood. The challenge we run into with setting criteria is that it could cause the exact opposite outcome we wish to see: • Safer environment for children on the streets by reducing traffic/construction vehicles • More residentially friendly property with less noise and better maintained buildings/property For example, if we set criteria where each tenant can only have 1 or 2 vehicles, we could end up with more traffic than we have currently if the building is fully rented or subdivided further (10 tenants * 2 vehicles = a lot of commercial traffic in a residential neighborhood). I believe the property should be treated to the same requirements as any residential house. It should also conform to sensible expectations for any residential house. In most cases, you don't expect to see more than 5 cars at any house. You also expect the building to be safe without seeing broken/boarded up windows. These types of sensible requirements results in the following initial criteria: • 3-5 vehicles for the entire building • No construction/equipment noise outside the building • Building and property maintained visually and structurally Thank you again for setting up this discussion and looking forward to seeing where we go from here. Daniel Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow i1- f 3 MEMORANDUM TO. Todd Gerhardt, City Manager Cy OF CHMNSENFROM: Bob Generous, Senior Planner 7700 Market Boulevard DATE: January 28, 2013 PO Box 147 Chanhassen, MN 55317 SUBJ: Status Report — 6411 Bretton Way Planning Case #2012-13 Administration Phone: 952.227.1100 EXECUTIVE SUMMARY Fax:952.2271110 At the October 22, 2012 City Council meeting, city staff was directed by Council to Building Inspections develop reasonable performance standards for the continuation of the current and future Phone: 952.227.1180 commercial and industrial uses of the building. When developed, the standards will be Fax: 952.227.1190 taken to City Council for further discussion, review and a final determination made. Engineering Phone: 952.227.1160 BACKGROUND Fax: 952.227.1170 On November 20, 2012, city staff held a neighborhood open house to solicit comments Finance on the use of the property. Nine residents were present at the open house. The neighbors PFax:952.2227110 Fax: 952.227.1110 were primarily concerned with noise, traffic and property maintenance issues, which are being addressed separately through the building department. Park & Recreation Phone: 952.227.1120 October 22, 2012 — City Council determined that Greenscapes Lawncare was an Fax: 9522271110 intensification of the nonconforming use and had to vacate the property. Greenscapes Lawncare vacated the property by December 1, 2012. Additionally, staff was Recreation Center directed to evaluate the intensity of uses and come back to City Council with a report 2310 Coulter Boulevard Phone: 952.227.1400 on appropriate performance standards for the continuing use of the property. Fax: 952.227.1404 DISCUSSION Planning & Natural Resources As partof staff's attempt to develop standards for the use of the property, the Phone: 952.2271130 Fax: 952.227.1110 following operational issues are being reviewed: type of business, parking and employees, traffic generation, hours of operation, noise, pollution, odors, equipment, Public Works materials and storage. The neighbors, the property owner and the businesses are 7901 Park Place being included in the research regarding the use of the building. Phone: 952.227.1300 Fax: 952.227.1310 Staff is attempting to set up a meeting with the property owner to review these issues and then will contact the individual businesses to get their specific operations. It is Senior Center staff's intention to bring this item back to City Council in February. Phone: 952.227.1125 Fax: 952.227.1110 g:\plan\2012 planning cmes\2012-13 6411 bretton way zoning appealcarlson\performance standards status.doc Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF 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 2271190 Engineering Phone: 952.227.1160 Fax 952.2271170 Finance Phone: 952.227.1140 Fax. 952.2271110 Park & Recreation Phone 952 2271120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.2271404 Planning & Natural Resources Phone: 952.2271130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax. K2 Senior Center Phone 952.227.1125 Fax 952.2%71110 Web Site %vWW; Lrtiannassen, Mn_�.' March 25, 2013 Mr. Marcus Zbinden 6460 Bretton Way Chanhassen, MN 55317 RE: Property maintenance issues at 6397 and 6411 Bretton Way Dear Mr. Zbinden: As requested, please find enclosed: copies of inspection reports, correspondence between the City of Chanhassen Building Inspections Division, the property owner of 6397 and 6411 Bretton Way (Ms Naomi Carlson) and the City Attorney's office (Soren Mattick, Campbell Knutson Professional Association). I am including copies of our (Marcus Zbinden and Jerritt Mohn) E -Mail correspondence as well. If there are any questions, I can be contacted at 952-227-1199. CordiaNy, J itt wilding Official City of Chanhassen CC.— Kate Aanenson, Director, Community Development Department Robert Generous, Senior Planner Building File: 6397 and 6411 Bretton Way March 27, 2013 Mr. Roger Knutson Campbell Knutson Professional Association CITYOF 1380 Corporate Center Curve [��T j�(� hi Eagandale Office Center, Suite 317 CHMNSEN Eagan, MN 55121 7700 Market Boulevard RE: Property maintenance issues at 6397 and 6411 Bretton Way PO Box 147 Chanhassen, MN 55317 Dear Mr. Knutson: Administration The referenced properties are in violation of the "Property Maintenance" provisions Phone: 952.2271100 (CC, Article IV, Sec. 7-50 - 7-90) of the City of Chanhassen Code of Ordinances. Fax 952.227.1110 - Property maintenance issues for these properties include the following: Buildinglnspections Building Official Phone: 952.227.1180 • Foundation - evaluation and repair (spalling/possibly failing CMU). Fax:952.227.1190 • Repair/replace exterior stairway. • Repair/replace siding. Engineering • Repair/replace exterior trim, soffit and fascia. Phone: 952.227.1160 • Repair/replace damaged and/or missing shingles. Fax: 952.227.1170 • Repair/replace damaged windows. Finance • Repaint. Phone: 952.227.1140 • Some type of concrete structure (approx. 40"x40"and 36" deep), covered Fax: 952.2271110 only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected Park & Recreation (filled with clean soil, acceptably, securely covered or guard -railed) to Phone: 952.227.1120 prevent personal injury. Fax: 952.227.1110 • Two small sheds (north and south of the upper driveway) must be secured from entry and repaired/repainted. Recreation Center • Outdoor storage of materials and equipment is prohibited. 0 Coulter Boulevard ----I Phone: 952.227.1400 The City has made repeated attempts to convince the owner of these properties to Fax: 9522271404 bring them into compliance with City Code with no result (see enclosed letters). Therefore, the City requests your office begin appropriate action to require these Planning & Natural Resources properties be brought into compliance with City of Chanhassen property Phone: 952.2271130 maintenance code provisions. Fax 952.227.1110 I can be contacted at 952-227-1199 if there are any questions. Public Works 7901 Park Place Cordially, Phone: 952.227-1300 Far.: 952.227.1310 - JeT tV40 Senior Center Building Official Phone: 952.227.1125 City of Chanhassen Fax: 952.2271110 CC: Kate Aanenson, Director, Community Development Department Web Site Robert Generous, Senior Planner www.ci.chanhassen.mo_us Naomi Carlson, 5955, Cathcart Dr., Excelsior, MN 55331 Building File: 6397 Bretton Way, 6411 Bretton Way G:\SAFETYVM\2013 letters\6397 and 6411 Bretton Way Pmpmaint letter to attomev.doc 7700 Market Boeievar^ PO Box 147 .,-anrassen, MN 5317 Administration PnaOe. 952.2M100 Fax. 952227.1110 &undine_ inspeculm °none 952.227.11&' Fax: 952.2_'.i19u =_noinaerir. 'f?Om 952.227.114u F'ark x He reatin= ?iiure: 95�.T2'1 i2G Fax. :'ecrra,or unt r Pnore� 9522127.--Ar.( Gar qc 'iai'uiinti C January 15, 2013 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your properties at ,ftaid 64.IAVjWvAIMW the City of Chanhassen. These properties were re -visited on January 7, 2013 and we find the property maintenance issues referred to in the previous letters (see enclosed levers and property maintenance report date 1/7/12) have been not addressed. In addition to the property maintenance issues referred to in previous letters and the January 7, 2013 property maintenance report we have found: • Some type of concrete structure (approx. 40"x40"and 36" deep), covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected (filled with clean soil, acceptably, securely covered or guard—railed) to prevent personal injury.. Two small sheds (north and south of the upper driveway) wlt ion must be secured from entry and are in need of repairs. As indicated in the December 4, 2012 ietter, a copy of this letter will be forwarded to the City Attorney's Office with a request for appropriate action. I can be contacted at 952-227-1199 if there are any questions. Cordially, _ �• `/'` Lam% �r, e� . ?`��_.. Building Official ' City of Chanhassen CC: Kate Aanenson, Director, Community Development Department Robert Generous. Senior Pianrer Roger Knutson, City Attorney yam; P10 ft-- G9Sn:"v'-'N hi'�2Ui)�tt,'tsc�i9'. wed ,4;i ureriue 'vi a��aronmaau.tiuc January 7, 2013 RE: Property Maintenance inspection at 6411 Bretton Way Per my inspection, January 7, 2013, the following was noted: South side of East building: • The clay masonry units faces are Soaliing. • There are broken windows and windows sashes with plywood in the opening. • The holes in the siding are not repaired; it looks like a duct penetration in the exterior wall is sealed with fiberglass batt insulation only. • Stairway on the south side of the bldg is failing, the concrete is split in the mid die of the lowest tread, and the stairway is damaged. • At the southeast corner of the building the CMU biocks appear to be failing at about 6' above grade. • On both buildings: the paint is blistered, cracked & peeling. West building: • The tile masonry units on the front of the building face the Spalling. • The a/c wall mount unit is covered with vines. The vines are cutoff below the AC unit, but no* remove from the AC. • On both buildings: the paint is blistered, cracked & peeling. Shed on the South side of upper driveway: • Fart of the roof covering is missing, roof boards exposed. • Door on the west side of the bldg is ajar. Glass panel on that door has some glass missing. Trees are growing right up against the bldg. • Water faucets protrude from the building. Was the plumbing ever abandoned? • On this building also: the paint is blistered, cracked & peeling. Shed on the Porth side iveway � • holes in siding_ • roof is snow Cd��S� = , the edge of the root' looks in hKe It needs maintenance. • On this building also: the paint is blistered, cracked & peeling. 9!\safery\dough\homeownedty\6411brettonw y.doc C11 OF 770;1 Via rK<t ncuievarC, ?J 5or, 147 Channasssn, MM5;1' F•:.:rr:iai;rratior sr::itciirf, f.^.sus:i;vns. Phone::5222%. i i80 LrlCi9e8r1flF =daar.:P 7i11, r December 4, 2012 Naomi Carlsor. 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, I his letter is in r egards to complaints regarding the condition of your drop sties a: 6391 and 641 lBretton Way in the City of Clianhassen. We re -visited these properties today and find the property maintenances issues referred to in the previous letters (see =closed) have been not address ed. L` the following corrections to these properties are not comnieted withan. ti my days this matter will be referred to the City Attorney for appropriate action: 6397 Bretton Way: • ReDair damagedMete-Tiorated soffit. • kc -paint. Remove outdoor storage. 641 i Bretton. Way: • Repairheplace siding. • Repair darnaged/deteaoreed foundation mason_-;. R ec:ace damagea andror trussing siring its. Repairireplace damaLed windows. • Reppair/reDla--- exterior mirn, facia, soffits. • Repaint. • Discontinue outdoor storage. `(:O. ziett si uciurt i miir x. 4l 'X40' ar:- _ .^.eepj; covered On: M1 with- random pleGes Of Dl y Wood, enivedded iii tie sem:. -_.c @✓e5l o_ llurC 63 i Esrettoi)t W G -v - -midina. T sin cavity must be imTM .c.- - _ twit.^, citarl 0-- a.C..^,eptabPi mtuT\'. can be cosh==.- at iu t,:efe are any questions. August 31, 2012 Naomi Carlson v7c t- t O 5955 Cathcart Drive C5stilu1� Excelsior, MN 55331 700 Market Boulevard Dear Ms Carison, PO Box 147 _ � Ohanhassen, MN 55317 This letter is in regards to complaints regarding the condition of your property at 6397 Bretton Way in the City of Chanhassen. Administrationr PhG9E:.,.i10�� istraiioa The City of Chanhassen property maintenance ordinances require the exterior of the Fax 952.2271110 structure (Sec, 7-63) be maintained in good repair. Building lnsontiens In response to the complaints, we visited the property. We found tha building in Phone. 952227.1180 need of repair, as required by the City of Chanhassen Property Maintenance Code. Fax: 952.2271190 This includes, but is not limited to: engineering • Repair damaged/deteriorated soffit. Phone: 952 2271160 • Repaint. Fay- 9522KMB • Remove outdoor stored construction material and rubbish. Firanse Correction of these issues is required by the City of Chanhassen property hone. 952.2271.114 maintenance ordinances (Sec. 7-50). Property maintenance issues must either be Fay 952271110 corrected ors schedule of corrections submitted to the City no later than September �arY & F4ecreatiar 20, 2012. phone: 952'2 ?!?2t', I can be contacted at 952-227-1199 if there are any questions. Reareati n, Center This property is zoned Single -Family Residential District. RSF. It may only be used for a single-family home or other uses as permitted in the zoning district. The pncne 952 -" aOC, _� use of this building for commercial uses is not permitted by City Co de. Should you Fax: 952.2271404 have questions -regarding the use of the building, you car. contact Bob Generous, Senior Planner, at (952) 227-113 1. Panning & Ratan! aeaour=s Pn(rne: 95= 22 is i 1'i' Cordially, Pu6iic �inrzs _ � 790Park pla'e 3eKi t. Moho Building Official City of Chanhassen. CC. Trate Har,en, or D vtiopintm Department i<ober- -n---- _e_c6"'P7 6"'P? n---.:-. - '13 5610 7710 - PO Bo, 14' Cnaoha sen, IVPl553ii Aaministrafion Phone: 952217110e. aa: 9511'2271i" 10 LaOd nn.Ins090:1nn-I Far: 95'22'1190 _ntjinaariny Pho% 95 K. 116G, ti�a cs "hGH 95�22r ; t4i: f`ci:. r ti0Ci52 gut: �eorsation Center . P..: '5_.11',146-1 Pi�n:�inu & 'lino[ A 5r P a August 30, 2012 Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your-nronerty at 6411 Bretton Way in the City of Chanhasmm he City of Chanhassen property maintenance ordinances require the exterior of the structure (Sec. 7-63) be maintained in good repair: in response to the complaints; we visited the property. VV e found the -buil ding ii-., need of extensive repair, as required by the City of Chanhassen Prope rty Mamtelance Code. This includes,. but is not limited to: kepairlreplaGe siding place Gamazt-:..r _.- i.c:: laze extend tPS.:,LL31...... ..._. e '_orreGnon of Llese ?ssue5 It requ:rec b!' :ne- maintenance ordinance; (Sec. 7-00). Trope: - am:_. -Lt corrected or a scheduie of corrections submitted to the Cir, - 20. 2012. - — ? can be contact-�' c. 4 a=lv �Pi1�lY1t71L' f ' ixiiidine Gf .;ia. C'hamnamse . The Chanhassen City Council approves a resolution, as amended for performance standards, approving nonconforming uses at 6411 Bretton Way. 3/11/2013 4 r-Vkq � Performance Standards • The business sh be conducted entirely within the • Office use is $ : �, PARI 4M& • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibit" d. • No mechanical or electrical equipment requiring the use o£ �i lege i phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. 220 volts single would normally be • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of on&r�mler, , business is permitted. • Parking of commercial vehicles in excess vehicles in excess of 9,00o pounds gross parked on the property. Of 22 feet in'length is prohibited. No commercial weight shall be used in connection with the business or • Vehicle parking shall be limited to the existing, compacted _.__ -- 'k --- - M" - WTJ , ia,( [\-q j %( G ( A parking area on site: 3^ +M Z4 F�A CITY COUNCIL OCTOBER 2?-, 2012 CITY COUNCIL MARCH 11, 2013 Location: 6411 Bretton Way Direction At the October 22, 2012 City Council meeting, city staff was directed to develop reasonable performance standards for the continuation of the current and future commercial and industrial uses of the building. Regulation ------------------- Section 20-72 (e) Chanhassen City Code: If approved by the city council, a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Previous Nonconforming Uses: 1987 — building contained two woodworking businesses, Precision Finishes and motorcycle repair business 1995 — structure contained: Ramsey Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west go' of lower level). Request: Request that K2 Electrical Services (warehouse), Lake Country Builders (warehouse), Custom Charters (storage) and Bemm Restoration (artist studio) replace the former nonconforming uses. Note that the woodworking shop is a continuation of a previous nonconforming use, i.e., not a change in use. Recommendation ---- ------------- ---- --- The Chanhassen City Council approves a resolution approving nonconforming uses at 6411 Bretton Way. Conditions of Change in Use _ - ---- --- __ =antial report,of th� tenants inthe building shall be co in January ofyear. r, The city shall be notified when a tenant vacates the building. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by City Council. i :Any other use must be submitted to City Council for /,approval of changes in use. x I �Al I to HU r f " nf�l n FTOVII/E ju a! v!VW guiplinq aglio sasn i¢ulsnpui pae lepiammoo a njnj pue;uamm agl;o uonenuuuoa aq; ao; spiepuels wmu ogad ajgeuoseaa dojanap o1 paio rp sem gels A1!a `gullaam Iwuna3 :Clio moz `zz aagolao agl ld , Ilrow i ® tlk L .Wye ,j U0110a2 11119 sash 4u1111jo}uonuoN, Li d -vi UO, ETOZ/TT/£ -asn ut a8uego a lou -a,t `asn Sutuuo;uoauou snotnaad e ;o uogenuquw a st dols Sup aompoom all legs aloN ,sasn 8uw o;uoauou aawao; aql aaetdau (otpnls jsgae) uogwojs a wwas pue (Awols) sialuego wolsro`(asnogaaem) saappng dalunoD al wi '(asnoyaaem) saawas 1eatilaal3 zx jell lsanba-d . (la,�at aamol;o ,o6lsam) salodaaojow sppngaa `uaaeatalh aaBoy `(twat aamol;o $z 7sea) Swluied jaud ltuws lsmgms tg uoisoaad •(canal aaddn;o on lsam) Vuptaompoo,Ndasweg :pouteluo3aanjamis-5663 - ssautsnq .qudal ala.Laaojow puu saystut3 uotsaam `sassauisnq Juppompoon+oml pautuluoo 8utptwq - Ls61 tr:.. sasn;o s !41sualul a,gletaa all JutpaeZal ;ooud;o uapmq aqj sey lueagdde aqj saouulsut Ile ul -jsaaalut algnd all ut st 8;t.41sualut ssal;o am puel 8utuuo;uoauou aagloue of paguela aq dew am puel Sutwao;uoauou a `ltaunoo .4ta aql dq panoadde;l . :apoj AID uasseyueqD (a) zL-oz uogaas E La a lq,+O�M.0 c—a o�vi £TOZ/TT/£ 'asn w sa'uugajo pnwddu aoj pauno3 51?D of pailywgns aq isnw asn iagio riuy . paunoD,4!p .<q panadde spiepuuis aauuwm.{aad aq3 tpi.M .Gdwoa pugs sash Bans dmppngagl Jo.(auudnaao of 10. saassaj .Mau 3o paggou aq pugs �Cija aqd; - Sutppnq aql saluaua iuunal u uaq.M paygou aq pugs.ilia aqy . ' m yap 3o.kiunu2, w papuwd aq pugs 8wptwq aql uai sluuua} aqi;o l oai junuuu uv . 5� 3i d71iL'iIJ yU Sit�li�tE)L'i �.. Aanenson, Kate From: Mohn, Jerry Sent: Monday, March 11, 2013 3:48 PM To: Aanenson, Kate Subject: FW: Inspection report for 6411 Bretton Way Jerritt Mohn Building Official City of Chanhassen From: Mohn, Jerry Sent: Wednesday, February 06, 2013 10:48 AM To: 'Marcus Zbinden' Subject: RE: Inspection report for 6411 Bretton Way Mr. Zbinden, An inspector re -visited the 6411/6397 Bretton Way properties on January 7th; the previously requested repairs to the properties had not been made. I then sent another letter to Ms Carlson on January 15'h; in that letter I referenced the earlier letters requiring property maintenance. This letter (of January 15`h) was also sent to the City Attorney requesting "appropriate action". Subsequently, the City Attorney's office sent a letter to Ms Carlson requiring the maintenance issues with these buildings be resolved by the end of February. Ms Carlson has sent a written response to the City Attorney's office, and I understand Ms Carlson's attorney will be negotiating with the City Attorney on her behalf. Cordially, Jerritt Mohn Building Official City of Chanhassen From: Marcus Zbinden[mailto:MZbinden(o)co.carver.mn.usl Sent: Tuesday, February 05, 2013 8:01 AM To: Mohn, Jerry Subject: RE: Inspection report for 6411 Bretton Way Mr. Mohn: Can you please provide me with the current status of the enforcement process regarding the Carlson property at 6411 Bretton Way. Marcus Marcus Zbinden Environmental Specialist III 600 East 4:h Street Chaska, MN 55317 (952[361-1806 Marcus Zbinden Environmental Specialist III 600 East 4" Street Chaska, MN 55317 (952) 361-1806 From: Mohn, Jerry [mailtojmohn(&ci.chanhassen.mn.us] Sent: Thursday, January 03, 2013 12:52 PM To: Marcus Zbinden Subject: RE: Inspection report for 6411 Bretton Way We will be scheduling a re-evaluation of this building next week, I'll inform the inspector there is a "dilapidated shed" on the property which should be investigated as well. Cordially, Jerritt Mohn Building Official City of Chanhassen From: Marcus Zbinden fmailto:MZbinden(alco.carver.mn.us] Sent: Thursday, January 03, 2013 11:08 AM To: Mohn, Jerry Cc: Generous, Bob Subject: RE: Inspection report for 6411 Bretton Way Mr. Mohn: Can you please provide me with the current status of the enforcement process regarding the Carlson property at 6411 Bretton Way. Also, have you inspected the dilapidated shed behind the barn that Mr. Story had expressed concerns over. It appears the shed could be considered an attractive nuisance and should be dealt with by the property owner. Marcus Marcus Zbinden Environmental Specialist III 600 East 4" Street Chaska, MN 55317 (952)361-1806 From: Mohn, Jerry [mailto:imohn(ai)d.chanhassen.mn.us] Sent: Tuesday, December 04, 2012 11:38 AM To: Marcus Zbinden Cc: Generous, Bob Subject: RE: Inspection report for 6411 Bretton Way Mr. Zbinden, I revisited the site in question today. The property maintenance issues have not been addressed nor has the owner provided any timeline for these corrections. I did find the "pit' referred to by yourself and Mr. Story. I asked a member of the Engineering Dept. if the pit was (as it appears) part of some surface water -management system but there was no record of it. I am advising the owner the "pit' must he immediately "protected" to prevent injury. 1 am attaching the most recent letter to the owner (sent today), this letter advises the owner if the repairs are not completed within 30 days the issue(s) will he referred to the City Attorney (this is a standard procedure when there is no obvious and/or on-going attempts to address property maintenance issues) Cordially, Jerritt Mohn Building Official City of Chanhassen From: Marcus Zbinden [mailto:MZbindenColco.carver.mn.usl Sent: Monday, December 03, 2012 2:26 PM To: Mohn, Jerry Cc: Generous, Bob Subject: RE: Inspection report for 6411 Bretton Way Mr. Mohn: I have the following follow-up questions regarding the enforcement action on the property located at 6411 Bretton Way: 1) Has the property owner provided any timeline for completion of repairs as outline in your enforcement letter dated August 30, 2012? If not, what procedures will the City follow to ensure compliance? 2) What action has been taken to correct the issue of public health concern of the broken boards covering the concrete pit on the property? I appreciate your response to my questions. Thanks Marcus Zbinden From: Mohn, Jerry [mailto:imohn(dci.chanhassen.mn.usl Sent: Wednesday, November 21, 2012 1:09 PM To: Marcus Zbinden Cc: Generous, Bob Subject: RE: Inspection report for 6411 Bretton Way From: Marcus Zbinden [mailto:MZbindenCulco.carver.mn.usl Sent: Wednesday, November 21, 2012 11:56 AM To: Mohn, Jerry Subject: RE: Inspection report for 6411 Bretton Way Thank you for proving the enforcement letters. After reading them over, I did have the following questions: • The corrections were not completed by the September 20, 2012 deadline. Has the property owner submitted a schedule for completion. If so, could you please provide me a copy? The response was verbal, the owner telephoned and stated she was in the process of hiring people to make repairs. • Has the property owned tested the paint for lead? Given the age of the building, it should be tested and if lead is found a licensed lead abatement professional must complete the paint removal to ensure it is done correctly. We have no knowledge of any such testing. Yes, Federal and State statutes require lead paint be abated per MPCA and EPA guidelines. • Did City staff notice the concrete pit covered by broken boards located next to the street. I am not sure if it houses a well or it is part of a septic system. Regardless, the pit is about three feet deep and poses an immediate public health concern. We were not aware of this "pit' when the report and letter were written, Mr. Story advised me today such a pit exists. • The lawn surrounding the old barn consist mostly of weeds. Has anyone from the city address the issue of weeds found on the property? The Building Inspections property file does not contain any correspondence regarding weed issues. • Has a structural engineer made a determination of whether the foundation of the building is sound? Not to my knowledge (such an evaluation would require the permission of the property owner). • Did the city inspect the inside of the building? No (such inspection would require the permission of the property owner); Building Inspections Division has no "right of entry" unless there is an active permit for a property. Cordially, Jerritt Mohn Building Official City of Chanhassen From: Mohn, Jerry[mailto1mohnPci.chanhassen.mn.usl Sent: Wednesday, November 21, 2012 10:58 AM To: Marcus Zbinden Subject: RE: Inspection report for 6411 Bretton Way Mr. Zbinden, Please find in the attachment the information you requested. I have also attached a letter from the Community Service Officer regarding the 6411 Bretton Way property as well as a letter regarding the 6397 Bretton Way property as they involve the same owner and similar concerns. Cordially, Jerritt Mohn Building Official City of Chanhassen From: Marcus Zbinden [mailto:MZbinden(Oco.carver.mn.usJ Sent: Wednesday, November 21, 2012 10:14 AM To: Mohn, Jerry Subject: RE: Inspection report for 6411 Bretton Way Jerry: Please e-mail them to this e-mail address. Thank you. Marcus Marcus Zbinden Environmental Specialist III 600 East 4`' Street Chaska, MN 55317 (952)361-1806 From: Mohn, Jerry [mai Ito: imohn(oci.chanhassen.mn.us] Sent: Wednesday, November 21, 2012 10:00 AM To: Marcus Zbinden Subject: RE: Inspection report for 6411 Bretton Way Mr. Zbinden, We can e-mail. FAX or send copies by conventional mail, or copies can be picked up at City hall (Building Inspections desk). Please let me know how you would like to receive them Cordially, Jerritt Mohn Building Official City of Chanhassen From: Marcus Zbinden [mailto:MZbinden(a)co.carver.mn.us] Sent: Wednesday, November 21, 2012 8:31 AM To: Mohn, Jerry Subject: Inspection report for 6411 Bretton Way Mr. Mohn: I attended the neighborhood meeting last at the City Council chambers regarding the non -conforming uses at 6411 Bretton Way. Many of the neighbors have concerns regarding the condition of the buildings on the property and would like to know the results of your inspection. We would like to ensure all of our concerns have been addressed in your enforcement letter and will be resolved in a timely manner. As a result, I would like a copy of all correspondence with the property owner including inspection reports and enforcements letters. Please let me know how I can get copies of these documents. Thank you, Marcus Zbinden Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik .Andrea McDowell Pochl� i Soren M. Mattick John 1'. Kelly Hcnry A. Schaeffer, 111 Aliva Schwartz Samuel J. Edmunds Marguerite M. McCarron 138,^. Corponte Center Cun c Suite 317 • Eagan, MN 5512: 651-452-5000 Fax 651-452-5550 %�w.ck-law.com CAMPBELL KNUTSON Prolessionai Association. January 18, 2013 Naomi Carlson 5955 Carthcart Drive Excelsior, MN 55331 Re: Subject Address: 6397 and 6411 Bretton Way City Code Violations — Outdoor property maintenance, unsecured sheds, etc. Dear Ms. Carlson: This office represents the City of Chanhassen ("City"). The City has requested our assistance regarding the violations of the City Code concerning your above -referenced properties. Enclosed for your reference are copies of the letters sent to you from Building Official Jerritt Mohn outlining the violations and requiring you to comply with the provisions of the Chanhassen City Zoning Ordinance andAity_Code. Itis our understanding that your properties continue to violate the Zoning Ordinance and City Code. You have until February 18, 2013, to correct the violations on the above -referenced properties. Your failure to comply by February 18, 2013 will result in criminal prosecution. Each violation is punishable by 90 days in jail and a $1,000 fine for each day the violation continues to exist. Please make further enforcement action unnecessary by complying with this letter immediately. Please contact Building Official Jerritt Mohn at (952) 227-1180, or the undersigned, if you have any questions. Very truly yours, CAMPBELL KNUTSON Professional Association � � ,D Soren M. Mattick RECEIVE smmjmo JAN 2 2 M3 Enclosures Om( OF CHANHASSEN Cc: Robert Generous, AICP, Chanhassen Senior Planner Kate Aanenson, Community Development Director Jerritt Mohn, Chanhassen Building Official 169434 Administration These properties were re -visited on January 7, 2013 and we find the property Phone: 952.227.1100 January 15, 2013 Fax:952.227.1110 Naomi Carlson CITY OF Phone: 952.227.1180 5955 Cathcart Drive Fax: 952.227.1190 • Some type of concrete structure (approx. 40"x40"and 36" deep), covered Excelsior, MN 55331 CHAT NSEN 6397 Bretton Way building. This cavity must be immediately protected Phone: 9522271160 Dear Ms Carlson, 7700 Market Boulevard prevent personal injury. PO Box 147 This letter is in regards to complaints regarding the condition of your properties at Chanhassen, MN 55317 6397 and 641 IBretton Way in the City of Chanhassen. Administration These properties were re -visited on January 7, 2013 and we find the property Phone: 952.227.1100 maintenance issues referred to in the previous letters (see enclosed letters and Fax:952.227.1110 property maintenance report date 1/7/12) have been not addressed. Building Inspections In addition to the property maintenance issues referred to in previous letters and the Phone: 952.227.1180 January 7, 2013 property maintenance report we have found: Fax: 952.227.1190 • Some type of concrete structure (approx. 40"x40"and 36" deep), covered only with random pieces of plywood, embedded in the soil due west of the Engineering 6397 Bretton Way building. This cavity must be immediately protected Phone: 9522271160 (filled with clean soil, acceptably, securely covered of guard -railed) to Fax: 952.2271170 prevent personal injury. Finance • Two small sheds (north and south of the upper driveway) which must be Phone: 952.2271140 secured from entry and are in need of repairs. Fax: 952.227.1110 As indicated in the December 4, 2012 letter, a copy of this letter will be forwarded Park & Recreation to the City Attorney's Office with a request for appropriate action. Phone: 952 227,1120 - Fax: 952.227.1110 I can be contacted at 952-227-1199 if there are any questions. Recreation Center Cordially, —` 2310 Coulter Boulevard Phone: 952.227.1400' Far: 952.227.1404 ohn '��L}L�_. Building Official Planning & City of Chanhassen Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 CCI Kate Aanenson, Director, Community Development Department Public Works Robert GMINous, Senior Planner 7901 Park Place Roger Knutson, City Attorney Phone: 952, 227.1300 Building File: 6397 Bretton Way, 6411 Bretton Way Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 G1SAFETYUM\2013 lenersN6397 and 6411 Bretton Way propmwraldo Web Site www.c i.chanhassen.m a us January 7, 2013 RE: Property Maintenance Inspection at 6411 Bretton Way Per my inspection, January 7, 2013, the following was noted: South side of East building: • The clay masonry units faces are Spalling. • There are broken windows and windows sashes with plywood in the opening. • The holes in the siding are not repaired; it looks like a duct penetration in the exterior wall is sealed with fiberglass batt insulation only. • Stairway on the south side of the bldg is failing, the concrete is split in the middle of the lowest tread, and the stairway is damaged. • At the southeast corner of the building the CMU blocks appear to be failing at about 6' above grade. • On both buildings: the paint is blistered, cracked & peeling. West building: • The the masonry units on the front of the building face the Spalling, • The a/c wall mount unit is covered with vines. The vines are cut off below the AC unit, but not remove from the AC. • On both buildings: the paint is blistered, cracked & peeling. Shed on the South side of upper driveway: • Part of the roof covering is missing, roof boards exposed. • Door on the west side of the bldg is ajar. Glass panel on that door has some glass missing. Trees are growing right up against the bldg. • Water faucets protrude from the building. Was the plumbing ever abandoned? • On this building also: the paint is blistered, cracked & peeling. Shed on the North side of upper driveway • holes in siding • roof is snow covered, the edge of the roof looks in like it needs maintenance. • On this building also: the paint is blistered, cracked & peeling. g:\safety\dough\hom eownerlttr\6411Lrettonway.doc cr J! o 1' SEE 7700 Market Boulevard PO Bok 147 Channassen, MN 55317 Administration Phone. 952.227.1100 Fax. 952.2271110 building inspections. Phone: 952.2271180 Fax: 952.2271190 Engineering Phone. 952.2271160 Fax. 952.227.1170 Financs Phone: 9522271140 -- Fax.95222711i0 Park & Recreation Phone: 952, 227.1120 Fax: 952.227.1116 Recreation ;;enter 2310 Coulter Bouievar6 Phone: 952.2271400 Fax: 952227.1404 Ptanninr 2 hataral Resources Phone: 952,227. Wo Fax: 952.227.1110 Fubiir: Waft 7901 Park Place Phon: 952271300 Fax: 952.227.1310 Ser!iur Dente' Plho%:9522 '':1W Fax: 95227.1110 Web Site December 4, 2012. Naomi Carlson 5955 Cathcart Drive Excelsior, MN 55331 Dear Ms Carlson, This letter is in regards to complaints regarding the condition of your properties at 6397 and 641 IBretton Way in the City of Chanhassen. We revisited these properties today and find the property maintenance issues referred to in the previous letters (see enclosed) have been not addressed. If the following corrections to these properties are not completed within thirty days this matter will be referred to the City Attorney for appropriate action: 6397 Bretton Way: • Repair damaged/deteriorated soffit. • .Repaint. • - Remove outdoor storage. 6411 Bretton Way: • Repair/replace siding. • Repair damaged/deteriorated foundation masonry. • Replace damaged and/or missing shingles. • Repair/replace damaged windows. • Repair/replace exterior trim, facia, soffits. • Repaint. • Discontinue outdoor storage. - In addition to the above property maintenance issues, we have found some type of concrete structure (approx. 40"x40"and 36" deep), covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way building. This cavity must be immediately protected (filled with clean soil, acceptably, securely covered or guard -railed) to prevent personal injury. I can be contacted at 952-227-1199 if there are any questions. Cordially, X Jewitt Mohn Building Official City of Chanhassen CC: Kate Aanenson, Director, Community DevelopmentDepartmeni Robert Generous, Senior Planner Building File: 6397 Bretton Way; 6411 Bretton Way G:'SAFEMM\20:2 icuers\6197 and 6411 Brenon Way pmpmrim.doc August 31, 2012 �tl (stn Naomi Carlson 1711 f or 5955 Cathcart Drive r SSEX Excelsior, MN 55331 7700 Market Boulevard Dear Ms Carlson, PO Boxl47 maintenance ordinances (Sec. 7-50). Property maintenance issues must either be Chanhassen, MN 55317 This letter ism regards to complaints regarding the condition of your property at 6397 Bretton Way in the City of Chanhassen. Administration The City of Chanhassen property maintenance ordinances require the exterior of the Phone: 9522271100 structure (Sec. 7-63) be maintained in good repair. Fax: 952.227.7110 Budding Inspections In response to the complaints, we visited the property. We found the building in Phone: 952.227.1180 need of repair, as required by the City of Chanhassen Property Maintenance Code. Fax: 952.2271190 This includes, but is not limited to: . Engineering • Repair damaged/deteriorated soffit. Phone: 952.2271160 , • Repaint. Fax: 952.227.1 17C . Remove outdoor stored construction material and rubbish. Finance Correction of these issues is required by the City of Chanhassen property Phone: 951227.1114f; maintenance ordinances (Sec. 7-50). Property maintenance issues must either be corrected or a schedule of corrections submitted.to the City no later than September 20,2012. park € Recreauoc Phone: 952.227.1120 1 can be contacted at 952-227-1199 if there are any questions. Fax: 952.227111F This property is zoned Single -Family Residential District, RSF. It may only be Recreation Center used for a single-family home or other uses as permitted in the zoning district. The 2316 Coulter Boulevard use of this building for commerciTses-is not permitted by City Code. Should you Phone: 952 2271406 Fax: 952.227.1404 have questions regarding the use of the building, you can contact Bob Generous, Senior Planner, at (952) 227-1131. Planning & _ PSaturai Pfsuurues - - - Phone: 952.227.113C Fax: 9522271/10 Y � Public Works 7901 Park Piace f, •!/, /� ; Phone:95^_.227"300 Sem Mo Fax: 9522271310 f Building Official City of Chanhassen. Senior Cerner _ Phone: 9522271125 1 rax: 95222/.1110 CC: Kate Aanenson, Director, Community Development Department elty Robert Generous, Senior Planner Wet, Building Filer 6397- Bretton Way - Planninn E This letter is in regards to complaints regarding the condition of your property at Administration August 30, 2012 OF �' Vff Naomi Carlson (tp 5955 Cathcart Drive vv d'i Jud` Excelsior, MN 55331 %700 ManKet Boulevard In response to the complaints, we visited the property. We found the building in - PO Box 147 Dear Ms Carlson, C; anhassen, MN 55317 Maintenance Code. This includes, but is not limited. to: Planninn E This letter is in regards to complaints regarding the condition of your property at Administration 6411 Bretton Way in the City of Chanhassen. Phone: 952.227.1100 �' Fax: 952227.110 The City of Chanhassen property maintenance ordinances require the exterior of the structure (Sec. 7-63) be maintained in good repair. Building Inspections Tem o Phone 952227.1160 In response to the complaints, we visited the property. We found the building in - Fay: 952.2271190 need of extensive repair, as required by the City of Chanhassen Property Phnne' 95222'1.1+:1P Maintenance Code. This includes, but is not limited. to: Engineering Phone: 952?271160 • Repair/replace siding. Fax: 95212271170 • Repair damaged/deteriorated foundation masonry. • Replace damaged and/or missing shingles. Finance• Repair/replace damaged windows. Phone. 9,,�.^L .1140 EiE227111G • Repair/replace exterior trim, facia, soffits. • Repaint. Pars & Recreation _ - • Discontinue outdoor storage. Pnrne 952.2271120 Fax 9522271116 Correction of these issues is required by the City of Chanhassen property maintenance ordinances (Sec. 7-50). Property maintenance issues must either be Recreation Center corrected or a schedule of corrections submitted to the City no later than September 2310 Coulter Boulevard 20, 2012. Phone: Z2,227.1400 Fax: 952.227.1404 1 can be contacted at 952-227-1199 if there are any questions. Planninn E 4atoral Resources Cordially, Phone: 952.22t!1100 �' Fax: 952.227.1110 Publio Works Tem o Official 7901 Park. PlaceBuilding _.. -/ City of Chanhassen -....-- Phnne' 95222'1.1+:1P FFax:952.2271310 Senior Genie* CC: Kate Aanenson, Director, Community Development Department Phone, 9522=711?5 - Robert Generous, Senior Planner • • 0 Continued commercial/industrial uses at 6411 Bretton Way Please answer the following survey questions. 1: Operations (what the business does) O O mO P D 2. Parking (How many business vehicles, customer vehicles) 3. Traffic (total number of trip ends per day) 4. Deliveries (number and type of deliveries) 5. Overnight Parking/Company Vehicles/Employee O Yes No 6. Hours of Operation (general business hours and/or length of stay at building) 7. Noir (what are the types of noises generated at the business) S. Pollution (does the business generate pollution, if so what type) 9. Odors doors (does business generate odors as part of its operation) • 10. Equipment (what types of equipment are used by the business) 11. Materials (used by business) 12. Storage (what types of erial or equipment are stored at the building) 13. Numb ebr ofIE2 ploy (how many employees operate from the building) 14. Lights (does the business use exterior lighting) • • Continued commercial/industrial uses at 6411 Bretton Way c Please answer the following survey questions. L 1: Operations (what the business does) 2 • 0 2. Parking (How mmry business vehicles, customer vehicles) 3. Traffic (total number of trip ends per day) 4. Deliveries (number and type of deliveries) 5. QYernight Parking/Company Vehicles/Employee Yes f h No n 6. Hours of Operation (general business hours and/or length of stay at building) 7. Noise (tat are the is of nq}'ses gene ted at the business) 8. Polkrtion (does the business generate pollution, if so what type) 9.00ors (does business generate odors as part of its operation) • 10. Equipment (what types of equipment are used by the business) 11.M �terials (used by business) types of material or equipment are stored at the building) ti 13. Nu%ber of E_ mployees (how many employees operate from the building) _I.-, 14. Lights (does the business use exterior lighting) L� r� U Continued commercial/industrial uses at 6411 Bretton Way Please answer the following survey questions. / 1: Operations (what the business does) `— o _ % n o 1 _.o �— 2. Parking (How many business vehicles„customer vehicles) (total number of trip ends per day) 4. Deliveries (number and type of deliveries) 5. Overnight ParkirWCompany Vehicles/Employee O YeS 1 O N9 . 6. Hours of Op ration (gener busin ss hours and/or length of stay at b'IcYingl C 7. Noise what are the types of noises ge erated at the business) S-J�'"r 8. Pollktion (does the business genera et pollution, if so what type) 9. Odors (does business generate odors as part of its operation) 10. Equipment (what types of eauipment are used by the business) 11. Maten�ls (used by 12. StoragF (what types of jpaterial or equipment are stored at the building) 13. Nun ft r of Employees (how many employees operate from the building) 14. Lights (does the business use exterior lighting) A CHARTER Connc TI AND CAPTAIN SERVICE Captain Mank 952-474-7001 P.O. Box 328 Chanhassen, INN 55317 Fax 952-474-8895 Henry "Hank" A. Graef Shrink Wrap for Summer and Winter Storage Call Captain Hank 952-474-7001 Continued commercial/industrial uses at 6411 Bretton Way Please answer the following survey questions. C U STcpft cllapJ"AEK 5 mf «KC t j7 -/,I -X 1: Operations (what the business does) C y0uA•G14A4tr*A f'15KIII L tIlNNc%rtuM G[B�s GCts✓) 2. Parking (How many business vehicles, customer vehicles) 3. Traffic (total number of trip ends per day) 4. Deliveries (number and type of deliveries) A 5. Overnight Parking/�tpany Vehicles/Employee O Yes O No 6. Hours of Operation (general business hours and/or length of stay at building) 7. Noise (what are the types of noises generated at the business) 8. Pollution (does the business generate pollution, if so what type) b' r 9. Odors (does business generate odors as part of its operation) b p� 10. Equipment (what types of equipment are used by the business) 11. Materials (used by business) S% AA I�-& OW/ / 12. Storage (what types of material or equipment are stored at the building) / AAS / A GA►t 1 4::;21l M ttj� �.. T��I{f Cook �LL AS�A�1 13. Number of Employees (how many employees operate from the building) 14. Lights (does the business use exterior lighting) city of Chanhassen Larry Bemm survey revisedl.txt vehicle decal.jpg Continued commercial/industrial uses at 6411 Bretton way Please answer the following survey questions. 1: operations (what the business does) fine art 2. Parking (How many business vehicles, customer vehicles) one vehicle when present. trailer sometimes on site to transport artwork 3. Traffic (total number of trip ends per day) less than one 4. Deliveries (number and type of deliveries) none 5. Overnight Parking/company vehicles/Employee Yes No occasionally box trailer for artwork transportation (loading over multiple days) Page 1 City of Chanhassen Larry Bemm survey revisedl.txt 6. Hours of operation (general business hours and/or length of stay at building) random. never before 8 am and never after 11 pm 7. Noise (what are the types of noises generated at the business) radio 8. Pollution (does the business generate pollution, if so what type) No 9. odors (does business generate odors as part of its operation) none g 10. Equipment (what types of equipment are used by the business) paint, ink Page 2 City of Chanhassen Larry aemm survey revisedl.txt 11. Materials (used by business) paint, ink, paining materials 12. storage (what types of material or equipment are stored at the building) artwork and artwork related materials. occasional tools to create canvas' for painting 13. Number of Employees (how many employees operate from the building) none 14. Lights (does the business use exterior lighting) No. only lights within the space. 0 Page 3 city of Chanhassen survey revised.txt vehicle decal.jpg continued commercial/industrial uses at 6411 Bretton way Please answer the following survey questions. 1: operations (what the business does) 1de�s 2. Parking (How many business vehicles, customer vehicles) Page 1 City of Chanhassen survey revised.txt 3. Traffic (total number of trip ends per day) -L (AkVu\ 4. Deliveries (number and type of deliveries) L' - ; w `le cLC w� — 3 Y \26c " - 5. Overnight Parking/Company vehicles/Employee ts' No Page 2 City of Chanhassen survey revised.txt 6. Hours of Operation (general length of stay at building) business hours and/or v k;Vi__ j TSc,kad 60, 0u'� cl L( . c 7. Noise (what are the types of noises generated at the business) 8. Pollution (does the business generate pollution, if so what type) C Page 3 City of Chanhassen survey revised.txt 9. odors (does business generate odors as part of its operation) C I 10. Equipment (what types of equipment are used by the business) - v v.,\ U a, ( V _ 11. Materials (used by business) Page 4 City of Chanhassen survey revised.txt 12. storage (what types of material or equipment are stored at the building) l /C-c'S< �z �O��r'ticT-�a:t �S 7<7a��✓�k:; � i � �uvni�ev, A�yw<»cf 13. Number of Employees (how many employees operate from the building) 1`)0s+14 [u.54— c-,-t"Ovev C -L) pIJQ UP Yvtct4-,(yi� Page 5 City of Chanhassen survey revised.txt 14. Lights (does the business use exterior lighting) ACO �; 1 �, t, tFvt1 u A0.S�- -VIAGr 00 Chanhassen City Council — October 22, 2012 Councilman McDonald: Yeah, I'll make a motion that we adopt the resolution certifying delinquent code enforcement accounts to the County Auditor. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Thank you. Motion's been made and seconded regarding adoption of delinquent code enforcement accounts to the County Auditor. Is there any discussion? Hearing none we'll proceed with the vote. Resolution #2012-59: Councilman McDonald moved, Councilman Laufenburger seconded to adopt the resolution certifying delinquent code enforcement accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST TO APPEAL AN ADMINISTRATIVE DECISION AND TO REPLACE SOME NON -CONFORMING USES WITH OTHERS ON PROPERTY ZONED SINGLE CARLSON. Kate Aanenson: Thank you Mayor, members of the City Council. As you stated this is actually two requests. This issue came about because we did receive a complaint on the subject site and asked, told the owner of the property that that use was not permitted and they must vacate. Anybody aggrieved of an administrative decision has the right to appeal, which the owner of the property did. As a part of that too, as they came forward to the City Council you also have the ability to look at those uses that are there so we thought this would be the appropriate time to look at the other uses that are there and so with that Mrs. Carlson is appealing that interpretation as it went to the Planning Commission. They did reaffirm the staff s position that it was not a compliant use and additionally then we would ask that the council review those other uses and I'll go through those in a little more detail. This was a public hearing. Kind of a lot of other side issues there so I think the appropriate thing here we want to make sure that we're focusing on the two issues that are before you today and that's the use and then what should be the interpretation for the rest of the uses. So with that the subject site on Bretton Way is just, just west of Powers Boulevard. Bretton Way. Old bam on the property that's been there for a number of years. Subject site here. There's a private drive that comes back here. The public street with the cul- de-sac and exiting home on the, that accesses this private drive here. So the regulation is any non -conformity, including the lawful use of land or premises at the time of the adoption cannot, can only be continued but can't be intensified so it's the staffs interpretation when we did receive the complaint that the lawn mowing business that was on the site with the outdoor storage, there's a lot of pictures in your staff report of, that were taken. I didn't put those up here for the illustrations but clearly the Planning Commission and the staff felt that we believed it was an expansion so we did recommend, as did the Planning Commission, that they must discontinue the use of that lawn care business. Had a lot of outdoor storage and as you're aware, you know lawn care business is one of the main concerns. The neighbors were concerned too with the amount of trips, the outdoor storage, the conflicting with people at the bus stop and the like. So 34 SCANNED Chanhassen City Council — October 22, 2012 as we went through the uses of itself, the applicant Mrs. Carlson did send us kind of some of the previous uses that had been on this site over time so we've got that documentation. There's some additional things that came in at the end of the week after the packet. Right before the packet went out so we attached those at the end. They weren't identified in your attachment schedule but they are on the back some additional petitions from the neighbors and some additional drawings but Mrs. Carlson again, in 1987 the building contained two woodworking businesses, Precision Finishes and motorcycle repair business and on the face of that it would seem to be a conflict but the way those are being used, there's no outdoor activity associated with those or storage and I think that's where the conflict arose when you had a number of employees coming to the site and things being stored. Kind of assembling. Getting ready for the day and the trips coming in and out. So in 1995 the structure contained the Ramsey Woodworking and then the Precision Finishing. Again the small painting and then the motorcycle repair. Again trying to document, because we don't have a business license, documenting the history of what's been there over time. So the applicant again is repealing that the landscaping business is a continuation of the other uses that were in the property, machining and manufacturing, or contracting business. In her opinion that she felt that it's compatible with some of the other, it is not an intensification of the previous use. So you can see here the outdoor storage of the landscaping business. Mayor Furlong: When was that picture taken, do we know? Kate Aanenson: September. Mayor Furlong: September, 2012? Kate Aanenson: I can look on this. There's probably dates on there. So for the decision on the Boards of Adjustment and Appeals it's, the interpretation was the following. That it's illegal intensification and it was not in existence at the time it became a non -conforming use. It's created additional impacts on surrounding properties. The commercial vehicles being parked on the lawns or trailers stored out overnight. Did not have vehicles being driven away in the morning and night. These other businesses didn't so that's why we separated the difference between these and the existing ones there and they were not, the businesses that operated within the building itself. So with that we're recommending, I've separated these two motions. We'll address the other uses in a minute. So this would be the recommendation that we would put forward to you that you affirm what the Board of Appeals and Adjustments did as well as the staff and adopt the Findings of Fact. So with that I'd be happy to answer any questions on that first one. Mayor Furlong: Okay. Let's start with questions here. And this is just relating to the use... Kate Aanenson: I can go through the next one. I don't know which, maybe the City Attorney may want to weigh in. If you want to try to take them both at the same time or separate the two. Mayor Furlong: I guess I'd like, and defer to the council, I'd like to hear from the applicant rather than having them come up twice. Maybe just work in... 35 Chanhassen City Council —October 22, 2012 Kate Aanenson: Sure. Sure, we can go to the next one too so that would be that one specific use. Mayor Furlong: Yeah. Kate Aanenson: But then again the City Council has the authority to approve uses in there so we wanted to get a weigh in on what was in the building and have that documentation as we move forward so the applicant or change in use request requests that the K2 Electric Service warehouse, Lake Country Builders warehouse. Again the customer storage and the restoration artists remain in the former non -conforming uses so we documented in here, there's documentation of how long those businesses have been in here and that we believe that you know the intensity is less than the other ones so if you approve then the non -conforming use may be changed to another non -conforming use and this is what's spelled out in the non -conforming section. As long as it's less intense and it's in the public interest and in all the instances the applicant has a burden of proof regarding the intensity. So looking at how those businesses are being used, they're a lot different. If you were to look at a repair business of electrical you could have quite a few trips coming and going. The way we document it when we put the level of service on it's just their one vehicle and the like. So with that we would recommend that you approve those non -conforming uses and those be the documented uses and we'd documentihow many vehicles there and the level of use. But if you chose not to do that and eliminate those then we would recommend that we come back with Findings of Fact to the other, if you chose not to support those uses. Mayor Furlong: Ms. Aanenson for clarification, was this issue put before the Planning Commission? Kate Aanenson: No because the Planning Commission doesn't have that jurisdiction review. That would just be your's. Mayor Furlong: Okay. And that actually came up as a part of the Planning Commission...? Kate Aanenson: Well what we wanted to do, as long as the neighbors were concerned about the whole thing, we've got all the documentation in front of us and kind of the one issue does roll into the other. We felt that it would be appropriate to address both issues tonight and so moving forward the applicant would then know what they could or couldn't pursue getting a tenant. Mayor Furlong: Okay. Questions for staff at this point and then we certainly will hear from the applicant as well? Councilman McDonald: I've got a question. Mayor Furlong: Councilman McDonald. Councilman McDonald: To the larger picture, the overhead that shows the entrances and in and out. Yeah, I think that one. Okay, is the problem because they're using the cul-de-sac there to, is that where the trips are generating the problem? 36 Chanhassen City Council — October 22, 2012 Mayor Furlong: Go in to the closer view if you could please. Thank you. Kate Aanenson: Well part of it is the fact that you have a lot more trips are associated with the residential zoning district and any time you have a number of trips being generated of a commercial business in a residential neighborhood where you've got kids at a bus stop. Additional trips. People that don't live in the neighborhood and coming there to get to a business in and out, it does provide conflict. And again the contractor's yard is one of the number one complaints we have regarding blockage of driveways. Again just conflicting noise. Hours of operation. If they're in early. Coming in late. Those are the problems that they conflict with the neighborhood. Councilman McDonald: Well I guess what I'm looking at is it looks as though there's another entrance in and out of the property. Kate Aanenson: There's a private drive to the north. It's not a public street. Councilman McDonald: Right. Okay but is that the Mrs. Carlson's drive? Could she use that for the property? Kate Aanenson: I think that would also be a conflict for some of the neighbors here because it's very narrow. Mayor Furlong: What's the topography there between the private drive and the street? Kate Aanenson: It drops down. Yeah. Councilman Laufenburger: Could you put your carrot on the high point? The high point is near the bottom, or is the high point near the top? Kate Aanenson: Towards the top. Councilman Laufenburger: Okay. Kate Aanenson: Some of the people that were complaining are in this address. I'm not sure that that would, what they're looking at would solve their problem. As the people on Bretton Way. Councilman McDonald: Okay which property does she own? Is it just that. Kate Aanenson: This piece, Mrs. Carlson. This piece and this piece. And this piece. Councilman McDonald: Okay. So actually the private drive belongs to someone else then? Kate Aanenson: She also owns access to the private drive. She has properties in the area. Yeah. 37 Chanhassen City Council — October 22, 2012 Councilman McDonald: And then what's the road that the private drive goes into? The, well north/south road. Kate Aanenson: This drive? Councilman McDonald: Yeah. Mayor Furlong: Teton I think. Is it not? Kate Aanenson: Is that Teton? Councilman McDonald: Okay, yeah. That helps. Kate Aanenson: Yeah Teton, yep. So you're internal in the middle of a residential neighborhood. Mayor Furlong: The main road there going north/south is Powers Boulevard, is that correct? Kate Aanenson: Right. As a general rule we have commercial businesses on minor collectors as- opposed sopposed to a local street. Not in the middle of a, in a neighborhood. So you've got to try to find those compatible. Councilman Laufenburger: Were the resident, excuse me Mr. Mayor. Kate, were the, which building was there first? The, Mrs. Carlson's buildings or the buildings around there? Do you know? Kate Aanenson: Mrs. Carlson's buildings. I'm not sure this house may be around the same time. Some of these are older houses. Then you have Bretton Way, the new, that subdivision. All that is newer. Councilman Laufenburger: So those buildings that we see on the bottom of this picture, they are newer than the, then Mrs. Carlson's buildings? Kate Aanenson: Correct. Councilman Laufenburger: Okay. What's the total acreage that Mrs. Carlson has there, do you know? I bet Mrs. Carlson knows. Kate Aanenson: Yeah, I would say. Councilman Laufenburger: You can, we'll hold on that question. Kate Aanenson: I'm not sure. Councilman Laufenburger: I'll withdraw that question for the time being Kate. Thank you Mr. Mayor. 38 Chanhassen City Council — October 22, 2012 Mayor Furlong: Alright, any other questions at this point? Councilwoman Tjomhom: I have one question. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: We're talking about non -conforming. Give me some examples of what would be conforming. Kate Aanenson: Well the. originally it was apartments. That's what it started off as and then it moved to people didn't rent the apartments and then they became kind of subletted into other types of uses so. We did give you, well we did give you that list what we thought would be, that's who she's got in there right now that we said would be compatible. Oops. That would be these uses. The K2. These right here. The Custom Charters boat storage. Kind of storage. Things that aren't generating that number of trips. Councilwoman Tjomhom: So it could still be used for commercial purposes? Kate Aanenson: Well I guess it's the interpretation, that's where we're saying of how many trips are being generated. Right. Indoor activities. Correct. Mayor Furlong: But in terms of the history, you say originally it was apartments. When did the, well I guess the question is, at some point the City Council approved the uses that were non- residential in nature, correct? Kate Aanenson: I'm not sure they did. I think they just evolved because we don't have a business license. They became non -conforming. Mayor Furlong: Okay. I thought there was some reference in the report to '95. That in 1995 that there was some action by the City. Kate Aanenson: No those were just, right. Over time there's been records of remodeling. Those sort of things. We do not have a business license requirement so unless someone notifies us that there's a business in there, we don't always know. Mayor Furlong: Okay. Kate Aanenson: And that would go anywhere in the City. Mayor Furlong: So it just says a list of tenants was provided in 1995. Kate Aanenson: That's correct. Mayor Furlong: That was documented. 0 Chanhassen City Council — October 22, 2012 Kate Aanenson: Correct. Mayor Furlong: And that the property at that time was considered a legal non -conforming? Kate Aanenson: Correct. Mayor Furlong: Okay. Roger Knutson: Mayor? Mayor Furlong: Yes. Roger Knutson: Just to clarify one thing. Mayor Furlong: Thank you. Roger Knutson: About what is a conforming use. This property is zoned single family residential district so all these are, none of them are conforming. The question is are they legally non -conforming. Mayor Furlong: Okay. Roger Knutson: And are you, and then the second question is are you going to allow substitution but none of them are conforming to the current zoning ordinance. Councilman Laufenburger: But Mr. Knutson the question that this council is to decide is, is that non-conformance a problem and are we going to not allow it making them illegally non- conforming or are we going to allow them meaning they are legally non -conforming. Roger Knutson: Right. The bigger issue is are you going to allow substitution of one legally non -conforming use for another non -conforming use. That's within your discretion. Kate Aanenson: If I may, that's actually two questions. The first one is, we believe there was a significant intensification of that non -conformity. The other one is we're trying to state what we believe was non -conforming and then we have that list there and you have the authority to substitute as you just stated. Non -conformity for non -conformity. But because it is residential we wanted to make sure that that level stays at kind of how it's been operating over the years. Mayor Furlong: Question Mr. Knutson or Ms. Aanenson. If the council took the action of disallowing any substitution then would that imply that that what was legal non -conforming in '95, unless there is, if there's no substitution in terms of tenants in this case since they're renters, that no tenants other than, no non -conforming tenants would be allowed to be substituted? Is that the effect of that decision? 40 Chanhassen City Council — October 22, 2012 Roger Knutson: That would be the effect but you would, under the ordinance, the question for you was, are the, the substitute non -conforming uses, do they create issues, greater issues than what was legally non -conforming. Mayor Furlong: Okay. Roger Knutson: If it doesn't create any greater issues it's the same issues then you would allow it but if you, if they're intensifying the uses or creating other undesirable aspects because of the new use then you would say no. Before you tonight we only have, staff has there's two. One, denying the one use and one approving the rest of them and if you wanted to deny all the current uses then we'd have to bring back findings at your next meeting for denial of that. Mayor Furlong: And the effect of approving the other uses and we'll keep the Greenscape separate for the discussion at the moment. The effect of approving those other uses then would be in effect allowing substitution of a same or a lesser intensity. Roger Knutson: Yes. Mayor Furlong: Renter or tenant. I Roger Knutson: Yes. Mayor Furlong: Use. Thank you. Councilman McDonald: If I could then what I guess I'm confused about, if we go back to 1985 it sounds like this was never non -conforming. What's our baseline? In order to judge that this against. Because it sounds like even back then it should have been residential. Is that correct in '85? Kate Aanenson: It's zoned residential. Yeah. Mayor Furlong: Do we know when the zoning became residential? Was it, let me ask this question. Was the residential zoning prior to 1995? Kate Aanenson: Sure, yes. Mayor Furlong: Yes? Kate Aanenson: Yes. Mayor Furlong: Okay. So one way to look at your question Mr. McDonald, which is a valid one is, you know either at the time of rezoning or at least the stake that was put in the ground in 1995 where the uses were identified at that point. Councilman McDonald: Right. 41 Chanhassen City Council — October 22, 2012 Mayor Furlong: Would be two options. Councilman McDonald: Right, because if we're going to look at intensification I guess I would ask the question intensification of what? Mayor Furlong: From what. Councilman McDonald: Yeah, from what. Mayor Furlong: And at least we have a date in '95 which was, is one that we could look at or the date of the rezoning occurred when it became residential and these uses were. Roger Knutson: I think the, '95 is a baseline because we don't have any other baseline prior to that to know when it starts so we either said, we know that's what was there in '95 and we know it was non -conforming in '95 so we'll use that as the baseline. It might not be the correct baseline in the sense that whenever this started what was there, was it legal. I don't have the answer to that anyway. Councilman McDonald: Right but at least at that point we know what was there so that's establishes the baseline. Now we have something to judge whether they've intensified their non- conforming uses. Kate Aanenson: If I may on page, page 2 of your staff report in the background it gives the history of the timeline so -in 1986 it was zoned residential single family and the first, then in 1987 it contains the two woodworking business and the Precision Motorcycle which we're still saying would recommend so those are, those are carrying through through the entire time. So then you go to 2001, you know 2009, those are the documentations that are in there. If you can find that, that was on the original staff report that went to the Planning Commission. Councilman Laufenburger: Planning Commission? Kate Aanenson: Planning Commission, that's correct. Mayor Furlong: Has anybody found that page in our packets? Councilman Laufenburger: I'll get to it real quick. Kate Aanenson: It's way towards the back. It's behind the Minutes. The additional attachments to it. Yeah. Todd Gerhardt: Mr. Mayor, as you identify intensify you don't look at the tenants, you look at the use and so the uses have changed be it, you want to bring the list back up there Kate. Kate Aanenson: I'm not sure where. This one? 42 Chanhassen City Council — October 22, 2012 Todd Gerhardt: Where you had builders. Restoration. So intensifying would be any type of use that would create more traffic. More employees than the uses identified. Councilman McDonald: And what do we know about those businesses, especially the woodworking because that's, that could be an intense business but I don't know. What do we know about it? Kate Aanenson: Well what we do know is that we haven't received complaints to date on that business regarding trip generation, noise, outdoor noise, that sort of thing. The other one, the use that we're addressing tonight, the landscaping business there was complaints regarding noise and trip generation. Councilman McDonald: Well let me ask you this because within the documents here Mrs. Carlson says that a lot of that was because that landscaping business was moving in and that's what caused the problem. Have you gone back after they've moved in and are they still a problem as far as traffic and you know is everything as it was with the initial complaint? Kate Aanenson: It's our opinion that it's an intensification and we believe it meets that criteria and I think the neighbors would say the same. Councilman McDonald: Okay. Mayor Furlong: Okay. It looks like, if I'm reading the staff report correctly that in '.86 the property was zoned single family residential. In '87 contained 2 woodworking businesses, Precision Finishes and a motorcycle repair and it looks like for all intensive purposes they had the same use in '95. Kate Aanenson: Correct, thank you. I couldn't find, we put all the additional comments in the front of that and I couldn't find that staff report yeah but that was the history of that. Mayor Furlong: Alright, anybody that was listening to the questions that doesn't have access to the report. Alright. Any other questions at this time for staff? Otherwise let me invite the applicant, Mrs. Carlson or her representatives to come forward and address the council if you'd prefer. Naomi Carlson: Good evening, my name is Naomi Carlson. Mayor Furlong: Good evening. Naomi Carlson: My address is 5955 Cathcart Drive, Excelsior, Minnesota. Mayor Furlong: Thank you. Naomi Carlson: Do you want to ask me questions or shall I go? 43 Chanhassen City Council — October 22, 2012 Mayor Furlong: Well why don't you, if there are some comments you'd like to make to the council as a part of your appeal, please do that. Again what we're looking at are the uses. Naomi Carlson: Well yes, okay. Okay, I'll start with the one thing. I don't know where the apartment thing came from but it was built in the late 40's, maybe 50. 1950 but I think, we think late 40's. Mayor Furlong: Okay. Naomi Carlson: As a manufacturing business. It was called Precision Manufacturing Company and also out there at that time a little later was Pat Jensen's horse stables and it was never an apartment. It was always manufacturing. Mayor Furlong: Alright, thank you for clarifying. Naomi Carlson: Mr. McMann, the owner had several patents and they made parts for Honeywell and other people and at the time that they were, just before we bought it and he had kind of, he had gone into bad health and was selling off properties and wanted to sell the business. He had, we never asked, my husband at the time may have asked -him how many employees they had but they had enough that they had a kitchen where they served meals to them and in fact while all the equipment was still there when we bought the place. You know we could have gone in and made a meal so it was before it, before Curry Farms was established by Centex it was, it had been a going concern and built for that particular reason. Mayor Furlong: Okay, thank you for clarifying that. Naomi Carlson: Okay. And I feel that Greenscapes never had a fair chance. I knew that the neighbors up to the north would be calling Bob, the City so I called Bob Generous that morning and said to him there'll be unusual activity, more activity for 2-3 days this week while Greenscapes is moving in and that very afternoon. He said thank you for calling. That very afternoon then he called me back and said it's an intensification of use and they have to leave and I felt that was highly unfair. They didn't even call a meeting with the 3 partners and myself and the city administrators to say let's talk about this. What's going to happen here because I was so confident that they would work out that I, like I say called Bob Generous myself and I would just ask that you give my testimony and all my words the same credibility that you give to the Story's who are my neighbors and so that's another, that's a story of the Story's but so I, we hadn't even had a chance. Greenscapes and I to work out the parking and they would only have 2 trailers and 2 trucks there overnight and they're taking the space of 3 former tenants so if you had 3 other tenants in there and 2 cars, if there were 2 employees or 1 employee or whatever coming and going it's the same, it's not an intensity. It's just a different type and I would like to read the City's definition of contractor's yard which is, that's what they, when Bob called me back and said it's a contractor's yard. Contractor's yard is used by building, excavation, roadway construction and I'm going to skip this one for a second and similar contractors. And then they've got landscaping. They, Greenscapes is not a landscaper. They don't have the, they go out and mow lawns and in the summertime they, or excuse me in the wintertime they, the 3 partners snowplow from their homes and they all live probably 30-35 miles apart and they're not 44 Chanhassen City Council — October 22, 2012 going to get up at 3:00 in the morning and come over to there. They'll have their trucks at home and they plow from their homes so there'll be hardly any, anybody coming and going there in the wintertime. Maybe occasionally one of the partners might come to fix something or you know do something but they, they'd run the business from their home, the 3 partners and there's no other employees that snowplow. So I feel like we didn't have a fair chance to talk about parking. Where they were going to park. Rearrange and screen with nice vegetation. Where they would be parking so it just, within a matter of a few hours we got the word they have to go so of course I appealed it so I am asking that maybe, oh this is what I would like to have. If you could, within 5 years I'm going to be making some major life changes and, and so by the end of the fifth year most likely, maybe even sooner I probably won't own the building. And well incidentally people have said to me well how come you haven't gotten a hold of a developer. Well a developer hasn't contacted me, not even when Story's property and the adjoining Natole property were for sale, if a developer wanted to develop all that property that would have been a perfect time to have approached me. I don't know whether he approached Natole's or Story's or not. Anyway so I would be making some major changes within 5 years and I would like to ask that you give Greenscapes a chance for 3 to 5 years. 3 years is about the least that it would be worthwhile for them to move in and do the fix up that they want to do and help me to do some work there. They're willing to use their manpower to help me, and I will supply materials and I really appreciate that and it would I think make the neighbors very happy and incidentally on the picture that you had up there, that road up on the hill there. It belongs to my property. The easement has on the Story's and Rob Rabe have easements back to there. To the back of my property. 14 foot easement and I really think that's where it all started. Mr. Story wasn't allowed to use my easement to develop his property into 4 lots and so it's like been downhill ever since between us so. Mayor Furlong: So again, excuse me Mrs. Carlson. The issue before us tonight are uses. The property uses or the tenant uses for the property so. Naomi Carlson: Right. Mayor Furlong: So your request is to allow it to continue as it is now for 3 to 5 years? Naomi Carlson: Yes, yes and the Greenscapes is so, so willing to work with anybody to keep peace and make the place look really nice and a couple of those cars that are in the parking lot, they belong to the 2 tenants in the back so, and nobody can really see and when they talked about blocking driveways, nobody was blocking any driveway except maybe when they were moving in that day and that's my driveway. That's their driveway. It's not a public road that they would be even blocking and that's what is being circulated so yes, for between 3 and 5 years would be a good time and if you're not happy and the neighbors aren't happy we will do our very best to satisfy everybody. Mayor Furlong: Any questions for Mrs. Carlson? Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes, Mr. Laufenburger. 45 Chanhassen City Council — October 22, 2012 Councilman Laufenburger: Mrs. Carlson, how big is your property? How many acres? Naomi Carlson: It's about an acre and a half. Councilman Laufenburger: Okay. And when did you acquire the property? Naomi Carlson: 1983. Councilman Laufenburger: '83. And at that time, is your residence, on the screen, is your residence the building on the left? Is that correct? Naomi Carlson: No. I live in Shorewood actually. Councilman Laufenburger: Okay, Cathcart. Is that a residence or is that part of the? Naomi Carlson: Over the top, the portion of the top there's a residence. Councilman Laufenburger: That building right. Naomi Carlson: One bedroom cottage I call it and 4 garages. I rent those out. Councilman Laufenburger: Okay. So 2 separate buildings. The one building has work space underneath with a residence on top. Is it currently occupied by renters? Naomi Carlson: Yes. Councilman Laufenburger: Okay. And then the longer building is the four, which you say are the garages or the work spaces, is that correct? Naomi Carlson: Garages are up by, under the, with the cottage. It extends out. The cottage is above a garage and laundry room and they are 4 garages along side it. Councilman Laufenburger: Okay. The long building, which looks like it could be a long bowling alley, that's actually 4 separate. Mayor Furlong: Units. Councibnan Laufenburger: Units. Naomi Carlson: Yes. It was all one when we bought it and never did even separate out the electricity's, you know the utilities. Just kind of figured out how much per space each person would have and I couldn't really afford to separate out utilities into 4 different spaces so, yes. Councilman Laufenburger: Okay. Alright. And you said that the Greenscapes is occupying, or is intending to occupy 3 of those 4 units, is that correct? 46 Chanhassen City Council — October 22, 2012 Naomi Carlson: Up above, yes. On the back side. Mayor Furlong: On which building of the two? Naomi Carlson: The long building. I call it the factory building. Councilman Laufenburger: You call that the back building. Mayor Furlong: Because that's a two story building. Naomi Carlson: Well, excuse me. Excuse me. There are two, there's 2 driveways. There's the one down by the cul-de-sac that you can go into the fust level. Lower level and, or you can go along side the building or go in that first driveway north, south, east, west. West. West. West of the factory and go in that way and you can't see it but there's a driveway behind that building. Mayor Furlong: It's a two story building on the... Naomi Carlson: Yes. With both of them having ground level access. Councilman Laufenburger: Okay. Thank you Mr. Mayor. Mayor Furlong: So that's the back. Councilman Laufenburger: This is looking at the building from your private, from the private drive. Naomi Carlson: Yes. Councilman Laufenburger: From the north. Looking in a southerly direction. Okay. So one more thing. This is a peaked roof Is there a wall down the middle of that building so that there are units on both sides of the peaked roof or does the unit go all the way through? Naomi Carlson: No it's only, it's only inside 15 1/2 feet wide so. Councilman Laufenburger: Okay. So each unit occupies the full width of that. Naomi Carlson: Yes. Councilman Laufenburger: Got you. Thank you. Mayor Furlong: Any other questions for Mrs. Carlson? While you're here, Ms. Aanenson and Mr. Knutson, Mrs. Carlson's request of allowing this use for 3 to 5 years. Does that create property rights that would be available to a buyer of the building at that time as well? Or have the potential for doing that. 47 Chanhassen City Council — October 22, 2012 Roger Knutson: It doesn't, you really would need a written agreement rather than just a resolution to do that because the ordinance doesn't have that kind of option in it. It's before you and the ordinance now says will you allow the substitution or will you not and you can allow it if it doesn't intensify the use or create other bad characteristics than were already there. Mayor Furlong: So there isn't the ability to allow it for a period of time. If it's allowed tonight. Roger Knutson: It's allowed. Mayor Furlong: And if it's allowed on into perpetuity. Kate Aanenson: Right. Roger Knutson: Yes. Kate Aanenson: If I may Mayor, that was one of the staff's concerns was some of the unintended consequences of trying to be you know proactive or say you know that it wouldn't matter for the short term but if you're going to sell it those become the now the legal uses in the site and those are the ones we know are harder to get out because there's people want to be in these kind of places to maybe paying a different rate than somewhere else. Naomi Carlson: Could that be a conditional use permit or something because I know that those don't go with the property do they? Kate Aanenson: This isn't set up that way because it's non -conforming. Roger Knutson: Mayor, the only other thing I can think of, if you, right now we're operating under a timeline but if you for whatever reason thought it would be appropriate you could continue this matter for 3 months, 6 months if the property owner agreed to the continuance and then you could look at the facts then if you think maybe you'll know more in a few months. I don't know, I'm not putting, I don't know that you would but if that's how you felt. Mayor Furlong: Understand. The purpose of my question was trying to understand the request and the ramifications of the request is all so. Any other questions? Councilman McDonald: Well if I could on following up on what Mr. Knutson is asking. If I understand your correctly over the next 3, 4 months there really shouldn't be any activity in there anyway because Greenscapes is done as far as cutting. Naomi Carlson: That's right. Councilman McDonald: And now anything as far as plowing and those things will be done from a different location. Naomi Carlson: Yes. 48 Chanhassen City Council — October 22, 2012 Councilman McDonald: So really over the next 3 to 4 months there shouldn't be any activity here. Naomi Carlson: That's right. Kate Aanenson: I don't want to be the skeptic but if someone has 3 months to make sure there's no problems I think that could be accomplished and then what you know? Audience: They've already had 3 months. Kate Aanenson: So I would just be concerned about trying to administer that to say you know how's, you know maybe the summer months are different. Mayor Furlong: There's some challenges there. Kate Aanenson: There's some challenges and I just some unintended things that we might not think, you know if they know for 3 months that you know they are on their best behavior then it comes back in and yeah. Naomi Carlson: Could I address that? Mayor Furlong: Any other questions? Naomi Carlson: Could I address that please? Mayor Furlong: Certainly. Naomi Carlson: That really wouldn't make a lot of difference to Greenscapes because they need to know that they can be somewhere long term. They have a big quonset but out near Glencoe I think they said that, please don't deny it but if it should be denied you know there's no need in them paying rent for the next 3 months or 4 months so because they have to have a space where they can count on being there for at least 3 years. Mayor Furlong: Okay, that's good information to have. Very good, thank you. Any other questions for the applicant? Kate Aanenson: I just want to point out some, just some of these issues that arise. We've had some of these landscaping business, snowplowing business that want to be in town that you know kind of set up on the back of church parking lots and we get the calls from the neighbors who aren't expecting it. 4:00 a.m. that people are mobilizing so we just have a history of this type of uses so that was our concern right out again. I'm not saying that Greenscapes is operating the same way and they might be all driving from their homes, it might be that way for a while but as the use is successful, and we certainly hope that they are, sometimes things that we don't think would happen may happen and then that's what we're concerned about that type of use and. 49 Chanhassen City Council — October 22, 2012 Mayor Furlong: Okay, thank you. Mrs. Carlson I do have one question for you and maybe it's an inconsistency Ms. Aanenson when you had your, of the other existing uses that I think were, back up one. That one right there. In looking at your email Ms. Carlson of October 11 m it included an Andrew Clark identified as having leased since 2011. Is he still there because I didn't see him on this? Naomi Carlson: Yes, he's still there. Mayor Furlong: Okay, so because the other ones, Restoration and Custom Charters, Lake Country and K2 were all on your email from October l I`h. Naomi Carlson: Wasn't Andrew on there? I thought he was. Mayor Furlong: Andrew was on your email and I just didn't see him here. Naomi Carlson: Oh, okay. Mayor Furlong: And that might have just been an oversight so just wanted to confirm that all those are still there. Very good, thank you. Naomi Carlson: Is that it for me? Mayor Furlong: I think so unless anybody else has any other questions. Appreciate it. Naomi Carlson: Okay, thank you. Mayor Furlong: Thank you. Sara Harvey: May I come up? Mayor Furlong: Who are you? Sara Harvey: I'm Sara Harvey representing the Story's. Mayor Furlong: Okay. Sure, just for public comment. Okay, that's fine. Thank you. Especially, we do have just. Please come forward. Just to clarify we do have copies of the Planning Commission minutes, verbatim minutes so we have all those comments so really what we'd be interested in is anything new or that's changed or different since the Planning Commission. Sara Harvey: Okay, absolutely. Before I start with my comments I just want to make a couple. Mayor Furlong: And then I'm going to, if you could state your name and address for the record for people. 50 Chanhassen City Council — October 22, 2012 Sara Harvey: Oh I'm sorry, Mr. Mayor, City Council, my name is Sara Harvey representing the Story's at 6281 Teton Lane in Chanhassen and just to make a couple clarifications before I begin with my comments. So if you, you can see on this picture here. The private drive that was mentioned is an ingress/egress easement that was put in for the purpose of accessing this private residence here. When there was a comment made about coming in and potentially using that driveway to access the building, there's actually a quite steep grade there that we've been told in the past is the same grade as what goes from our property to Powers Boulevard and is too steep to drive down. Here's another showing the topography and the grade is about 30 to 35 so it would actually be a danger to drive from the private drive down to the building so I just wanted to clarify that. Mayor Furlong: Okay, thank you. Sara Harvey: In addition here's, you have these pictures in your packet but right before we left Teton tonight there was 2 trucks parked behind there and just to clarify the plow trucks have also been parked there already. We had pictures of that in the packet and the use has not gone down from when they were moving in. They're coming and going and some of the other neighbors will want to get up and speak to that but part of the concern is they're coming and going out of this cul-de-sac. You can see in this picture here. They're coming and going out of this cul-de- sac very close to where the children stand at the bus stop in the morning and there's quite a lot of activity both in the front of the building and behind the building. Here's another picture of the multiple trucks and vehicles parking on the grass. Not on the driveway behind the building. So we would respectfully request that the City Council affirm the Board of Appeals and Adjustment's determination that Greenscapes Lawn Care is an intensification of the non- conforming use and must vacate the property. And in addition we would also ask that the council not approve the change in the non -conforming uses to allow the other, the other tenants to stay there as it's not in the public interest so according to the City Code if approved by the City Council a non -conforming use may be changed to another non -conforming land use of less intensity if it is in the public interest and in all instances the applicant has the burden of proof regarding the relative intensities of uses so regardless of the intensity, from what I understand of that the non -conforming land use may only be changed if it's in the public interest, which we don't believe that it is. Part of that is due to the disrepair of the building and the traffic generated by the commercial use of the building regardless of the type. This is especially true given that the building's in the middle of a residential neighborhood where a large number of school aged children reside. Somehow if it could be argued that allowing the tenants of Bretton Way to remain would be in the public interest the code also says that the land use must be changed to another non -conforming use of less intensity and the applicant has the burden of proof regarding the relative intensities of use so what I believe is, I don't believe that the landowner has actually provided any proof that the new intensities are less. In addition Greenscapes Lawn Care is a significant intensification of the use of the property. There's never been multiple vehicles, trucks, trailers, lawnscape equipment, land equipment parked in the driveway and behind the building. There's been very smaller number of people that have rented the back doors in the building or driven on the back driveway. In addition the situation with Greenscapes actually recently escalated to threatening behavior of the Story's. On October 9u'. 51 Chanhassen City Council — October 22, 2012 Mayor Furlong: And what I need to do is we're focusing on the uses here so if there are other extenuating circumstances that are civil or criminal in nature, that's really not involved this evening, thank you. Sara Harvey: Okay. So because the purpose of this meeting has been expanded since the Planning Commission to include the approval or disapproval of other current tenants of the building we believe there are other relevant facts that should be brought to your attention. These are relating to public interest. Mayor Furlong: With regard to the uses? Sara Harvey: To the uses. Mayor Furlong: Thank you. Sara Harvey: And this being in the public interest. So the disrepair and structural integrity of the buildings on the property could pose a threat to public safety and may fall under the definition of hazardous building or hazardous property as defined in Minnesota Statute 41653 and the definition of a nuisance, Section 13, Article I of the Chanhassen City Code. So we believe that it is important the building owner be held accountable for the condition of the buildings and the multiple code violations as they pose a threat to the safety of the residents of the neighborhood and the tenants of the building so just to name some of the things in the pictures that are in here are the broken windows, the crumbling stairs, the questionable foundation, pest infestation, potential asbestos and/or lead contamination and an abandoned well house in disrepair. Because of the danger and disrepair of the building we're concerned about the quality and safety of future tenants of the building, especially with the recent behavior of Greenscapes. This building and some of it's tenants activities are a threat to the safety and quality of life for the residents in the neighborhood and we respectfully request that you take this under consideration in your decision. On one last note the city staff determined that a custom woodworking business would fall under the previously approved non -conforming uses of the building. I don't dispute this point but I would like to request that the owner of the building be asked to prove that the tenant Andrew Clark is in fact a custom woodworking business as our observations have led us to believe otherwise. For example by producing a Schedule C or other business records as proof, so thank you for your time. Mayor Furlong: Alright, thank you. Any questions for Ms. Harvey? No, thank you. Sara Harvey: Thank you. Mayor Furlong: Ms. Aanenson, question with regard to the statements about the disrepair or the condition of the building. Is that an issue before us this evening or? Kate Aanenson: It's not before you but we're working on that separately. Mayor Furlong: Is that a staff issue? 52 Chanhassen City Council — October 22, 2012 Kate Aanenson: Yes, the building official has been working with Mrs. Carlson regarding some of those issues, correct. Mayor Furlong: Okay. Alright, thank you. Thank you. Again I don't want to revisit the public hearing that happened at the Planning Commission. If there's new information related to the appeal here that given tonight I'd certainly entertain public comment but not looking for a repeat of the Planning Commission public hearing because we do have, and the reason not is pretty simple. We've already looked at those comments and read those comments. We have verbatim minutes so is there anybody else that has new information? Mr. Zbinden, good evening. Please state your name and address for the record. Welcome. Marcus Zbinden: I'm Marcus Zbinden. I live at 6460 Bretton Way. Mayor Furlong: Thank you. Marcus Zbinden: And I just want a real quick comment. I wasn't at the Planning Commission meeting. I'm not sure what was stated there but I just want to agree with what was just said and I'll leave it at that. I do have some concerns that pretty much are identical with what was just stated here so that's all I wanted to mention. I Mayor Furlong: Okay, we appreciate that. Thank you. Anyone else with additional new comments? Great, thank you everyone. Let's bring it to council for discussion, thoughts, comments. Really two issues before us as I hear it this evening and if there are more please correct me but one is the use by Greenscapes and the other is the use by the other tenants that have been identified in Ms. Carlson's email and then with her, the information that she's provided in terms of the nature of those tenants and their businesses. Thoughts and comments. Somebody start or I'll start calling on people. Mr. McDonald. Councilman McDonald: Well okay. This is, well it's rather difficult and yet at the same time it's pretty clear cut. I guess the thing that I was looking for that I'm not sure I've seen is, if we look at a baseline as to intensification, I'm afraid the only baseline that I see is that I can only measure based upon traffic that would have been coming in and out of the property from the other businesses and I just don't see that with the other businesses so what Greenscapes has done is definitely intensified the traffic. It may only be in the morning and the evening but again that's when they collide the most with the residents because that's when kids are going to school and that's when people are coming home from work. I'm just missing from the applicant that that intensification has been there since either 1986 or 1995, whatever the baseline's going to be and I just, I don't see that part of it. I hate to tell her that you know you're going to lose a tenant and therefore income and I'm not sure what position that puts you in as far as the rest of the property goes but right now from everything I can see and you know the questions that we've asked I just, I do see an intensification and it's just because of the traffic. The issue of contractor's yard, that's just a term. Again what I'm looking at is the use of the property and the use on the property. Has that become more intensified to where now it becomes more of a burden to the surrounding area and at this point from what I can see the answer is yes it has. Mayor Furlong: Thank you. Other comments. Councilwoman Tjornhom. 53 Chanhassen City Council — October 22, 2012 Councilwoman Tjornhom: This is a very complex issue I think and it's very emotional. I can feel it on both sides and so I'm going to proceed cautiously with what I'm saying but I agree with Councilman McDonald about the intensification of usage and that it is an intensification with Greenscapes. And the issue of the use of other tenants, .1 mean to me it's pretty black and white that it's a non -conforming use right now in a residential neighborhood and that's a problem. I don't think we're going to solve that here tonight. I'think the applicant needs more time to maybe work out some of those details and work with staff to figure out what her options are because I certainly would hate to take away someone's income and so my suggestion would be to agree with city staff when it comes to the intensification of Greenscapes but then give the applicant time to work with staff to figure out a resolution to this situation to where the neighborhood and the owner can somehow be in harmony together with whatever, that use of that building is because right now it seems to me that it's residential and it's not a residential building and so it would have to be, go back to commercial and I think that's something that we still need a little bit more time to iron out those details and see if that's even something that's workable. Mayor Furlong: Okay, thank you. Councilwoman Ernst, thoughts. Councilwoman Ernst: Before I make my comments, Kate can you tell me so in 1995 this, or is it 1985 when it was zoned as residential? Kate Aanenson: '86. Councilwoman Ernst: '86. And so if it was zoned as residential my question is, how did it become what it is today if it's zoned residential? Kate Aanenson: Because it was, as she stated it was being used as a commercial precision machine shop so when she bought it that's how it was being used and there was other tenants in there and so the level of those types of uses have changed over time and who's in there and who's out and that's what we're trying to document. Councilwoman Ernst: So does that in itself make it non -conforming? Kate Aanenson: Yes. Because it's residential now. Yes. So just to, just non -conforming in general. The goal with non -conforming is at some time they cease to you know exist and something that's correctly zoned works in that neighborhood so. Councilwoman Ernst: Well, and here's what I'm struggling with with that. So I'm thinking you know if my husband decided to start rebuilding motorcycles in our garage, is that considered? Would that have to be. Mayor Furlong: Strictly hypothetically. Councilwoman Ernst: What's that? 54 Chanhassen City Council —October 22, 2012 Mayor Furlong: Strictly hypothetically. Councilwoman Ernst: Yeah, strictly hypothetically, yes. Let me make that clear. But does that mean then that it would have to be rezoned to make it commercial or would that still be residential? Kate Aanenson: No. I think we just saw that last time with some of those accessory structures that people have for, you know if you have outside employees. People have all kinds of hobbies that they do. Working on cars. You know woodworking. Pottery, those sort of things are all associated. I think the complexity I can see kind of where we're having the divide in my thinking of trying to resolve this in one meeting, I think it may be more prudent to separate the two issues and one, address the intensification now and then give the staff some time to work with the applicant and try to you know go do a little bit more research on some of those uses. Maybe work with the neighborhood and find some reasonable approach if they were to come back and say are these consistent with what some of those non -conforming is and that's kind of what I'm hearing some of the concern from the council. Councilwoman Ernst: Yeah. Kate Aanenson: And I think if that's the way to go maybe just separate those out and we can come back at a later date as the City Attorney said and try to resolve some of those to find compatible uses with what would be consistent as we stated in the non -conformity. Councilwoman Ernst: Thank you because that was kind of where 1 was going to go with that. Kate Aanenson: Okay, I could tell. I think that's the same thing that Bethany was thinking too in trying to resolve that issue. Councilwoman Ernst: Thank you. Mayor Furlong: Other comments, Mr. Laufenburger. Councilman Laufenburger: Kate, when the, when this area was zoned single family residential in 1986 it obviously was a zoning change. Correct? Kate Aanenson: Correct. Councilman Laufenburger: What was it before that? Kate Aanenson: I don't know. It might have been agricultural at the time because that Curry Farms went in. There was some, I'm just trying to go back to that map that was. Councilman Laufenburger: There were some horse stables Mrs. Carlson said. Kate Aanenson: Yep. Yep, and they used it for a while there were some of those larger lots were used for that. There's larger lots in this area. I think what happened at the time when it 55. wr Chanhassen City Council — October 22, 2012 went residential single family there was an assumption that some of those land, some of those larger lots would be assembled and subdivided and that didn't happen. Could it still happen? I guess that's kind of that challenge I think Mrs. Carlson is saying too. Maybe in the short term try to sell that property. When you have vested non -conformity it's harder to get those uses to change because they don't want to move somewhere else and that's some of that level of complexity. You're trying to find a reasonable use of the property. As we do with interim uses try to give a reasonable use to the property but ultimately when a higher and better use comes in it is economically feasible for those properties to move down the road so the challenge here is to find a way to make that work. Maybe just address the one issue now and then let the staff work and try to find some of those uses that would be consistent and bring that back for your consideration. I think the intent was that these properties, as they said, Mrs. Carlson, Natole's, that some of these properties would be assembled and subdivided. Councilman Laufenburger: Yeah. I think my mind is thinking a little bit like Councilwoman Ernst. Here's a property that prior to 1986 was operating, I'm going to use the term, it was okay. I don't know if it was conforming or legal but it was okay operating as a precision machine shop or a series of shops and all the single family homes were developed around it. And here's a property owner who wants to continue to operate the way it had been since perhaps as early as the 1950's or 60's. I would agree -with Councilman McDonald and Councilwoman Tjotnhom that Greenscapes is an intensification and I don't think 3 months would change that. 'It's going to be busy next season so I think it's an intensification and that would be, I would support that decision. But the other property, the other uses that are outlined in the applicant's email of October I I`s, K2 Electric, Lake Country Builders, Custom Charters, Bemm Restoration and Andrew Clark. It would seem to me that we should work with the applicant to figure out how those, the uses, those uses that she has there are consistent in intensity with that which was in place in 1995, which I think is the baseline that we're referring to. Is that the baseline? Yeah, when Mr. Kirchner went out there and did the inspection. Kate Aanenson: Yep. Councilman Laufenburger: And the issue of whether the building is safe or not safe, that's not something for the City Council to deal with. Kate Aanenson: Correct Councilman Laufenburger: I think the use is, I'd like to figure out how we could get those uses in line or agreeable. Kate Aanenson: Agreed, yep. Councilman Laufenburger: That's my last comment. Thank you Mr. Mayor. Mayor Furlong: Thank you. I think the, I appreciate everyone's comments and thoughts and we probably have a good path suggested by Councilwoman Tjornhom here for this evening. One comment I think we can take action tonight with regard to Greenscapes and I think in fairness to Ms. Carlson, I think in fairness to Greenscapes as a business in town and others we should take 56 Chanhassen City Council — October 22, 2012 action on that. I think it's, from the information that's been presented in the staff report and comments made at the Planning Commission and here tonight, I think it is an intensification of the use and therefore is causing a problem and really in a large fact is one of the reasons why we're talking about it tonight because when I look back at the list of the other tenants in the building and the dates of their leases initiating, some go back as far as 2002. The most recent with Mr. Clark was in August of 2011 but it was August of 2012 with Greenscapes starting as a lease when this issue came before us and so to me that's probably one sign, if nothing else that there was an intensification. I'm certainly comfortable and would encourage staff to work with the residents, work with Ms. Carlson to talk about some of the uses. The, and perhaps part of that information is just verifying the information that's been presented tonight because when I look at the descriptions of the current tenants, which are warehouse uses and storage and workshops, and then compare it to the types of businesses, a precision machine shop, woodworking, which is very similar, and then motorcycle repair, on the surface it appears that there has been, that it is not intensified and in fact gone in the other direction and it's less in terms of the types of uses but even with the warehouse or storage if there are multiple daily trips to access the goods that are needed just by warehouse by itself or storage by itself, it's really the frequency with which people are coming and going and I think that's where I'm hearing a lot of the issues and that's traffic. Commercial traffic in a residential neighborhood so I'm comfortable giving some time to identify those but I think really that's going to be the driving factor. What I would hesitate is anything so prescriptive that we have people counting cars coming and going because I don't think that's going to ultimately cause the benefit that we're all looking for which is how can we take a non -conforming use that has been there before the houses were built and people moved in as homes and are looking for a residential neighborhood and somehow find a way to make two uses that are incompatible more compatible and try to work together so I don't think we're going to do that tonight. I agree. I think spending some time to do that since the issue has come forward makes sense but I do think it's appropriate for the council to consider action on the first aspect which is consideration of the, whether or not the Greenscapes Lawn Care is an intensification. If so, would not be allowed. Is that fair from a staff's standpoint? Kate Aanenson: Yeah, I've a couple questions for the City Attorney. Mayor Furlong: Certainly. Kate Aanenson: Since Mrs. Carlson, we did ask for an appeal or if you had an interpretation on the non -conforming uses, there's a letter to that. I'm not sure we're on a clock on that. And then secondly the Findings of Fact for the denial of the fust did include some of the other uses in there so we may want to modify the Findings of Fact on that. Roger Knutson: Yes and yes. Kate Aanenson: Okay. Mayor Furlong: Is that something we want to do tonight or is that something. Kate Aanenson: Well we can just recommend that we come back with Findings of Fact for the next meeting. 57 Chanhassen City Council — October 22, 2012 Roger Knutson: We'll bring back Findings of Fact for denial of the one item. Greenscapes Lawn Care at your next meeting. Mayor Furlong: And that's the first paragraph of the proposed motion and then the second paragraph would tabling that? Kate Aanenson: That's my question. Mayor Furlong: The appropriate action and is there a timeframe that that needs to be. Roger Knutson: On the first item there is a timeline so. Mayor Furlong: That's relating with the Greenscapes and we can take care of that this evening. Roger Knutson: Right. You can take care of that this evening. Kate Aanenson: Yep. Roger Knutson: You can move, if you choose to, to deny the appeal to uphold the Board of Adjustment, the Planning Commission's decision and then direct preparation of findings for your next meeting consistent with denial. Mayor Furlong: And then for the second item we could table that to a future meeting? Roger Knutson: You can table it, yes. Mayor Furlong: And are we working under a timeframe there that we need to bring that back? Roger Knutson: No. Mayor Furlong: Okay, so in a reasonable time period. Kate Aanenson: Yes. Certainly we'll try to set up a neighborhood meeting. Mayor Furlong: Okay. Alright, thank you. Would somebody like to, if there's no further discussion would somebody like to make an attempt at that? Kate Aanenson: Let's see if I can find the right motion here. Whoops. Mayor Furlong: Let's start with the first motion. Councilman McDonald: Sure, I'll try. Mayor Furlong: And then this, what's on the screen right now relates to the. 58 Chanhassen City Council — October 22, 2012 Kate Aanenson: Right. Mayor Furlong: Is consistent with the staff report? Kate Aanenson: Yeah, except for we want to take out adopt to say prepare the Findings of Fact. Mayor Furlong: And to make it, okay. And the Board of Appeals and Adjustments, just for clarification before we receive a motion, that only dealt with the Greenscapes Lawn Service. Kate Aanenson: That's correct. Mayor Furlong: Or lawn care use. Kate Aanenson: That's correct. Mayor Furlong: Thank you. Mr. McDonald, recognized for a motion. Councilman McDonald: Okay. I make the motion that the Chanhassen City Council affirms the Board of Appeals and Adjustments determination relating to Greenscapes and to provide the . Findings of Fact and just the Findings of Fact. Mayor Furlong: Okay, let's start with that as a single motion. Is that sufficient Mr. Knutson? Roger Knutson: That's find. Just so we're clear that's, you're directing staff to prepare Findings of Fact and bring them back to your next meeting. Councilman McDonald: And bring them back next meeting, yep. Mayor Furlong: Thank you. On this action is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on this motion? Hearing none let's proceed with the vote. Councilman McDonald moved, Councilwoman Ernst seconded that the City Council affirms the Board of Appeals and Adjustment's determination relating to Greenscapes Lawn Care and direct staff to prepare Findings of Fact to bring back at the next City Council meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Let's go to a second motion now which would be a motion to table I think would be in order. Councilman McDonald: I make a motion that the Chanhassen City Council table, I'm losing my motion. That the City of Chanhassen tables a determination that K2 Electrical Services, Lake 59 Chanhassen City Council — October 22, 2012 County Builders, Custom Charters and Bemm Restoration are not uses in the public interest and that staff bring back to City Council findings so that we can make a determination in the future. Councilwoman Ernst: Second. Mayor Furlong: Thank you. Motion to table is generally not discussable but I would ask if there's any questions on clarification to the motion. Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes. Councilman Laufenburger: In the applicant's October I I x' email the business Andrew Clark was mentioned but it's not mentioned in this proposed motion. Mayor Furlong: Thank you. Councilman Laufenburger: Ms. Aanenson, can you clarify that for us? Kate Aanenson: Sure, I think our goal is to, from what I heard the council was to try to find some like minded uses. One, to get the level of intensity and try to find a like minded uses that would be acceptable to the council and to the neighborhood to consider as that kind of that list of uses of, that would be. Mayor Furlong: Like minded or less intensity. Kate Aanenson: Yes. Mayor Furlong: I think point of clarification though from Mr. Laufenburger which is appropriate. The staff, the motion that Mr. McDonald you read did not include. Councilman Laufenburger: Andrew Clark. Mayor Furlong: Andrew Clark which we confirmed with Ms. Carlson is still there so Mr. McDonald if you could just add that to, are you comfortable adding that to your motion? Councilman McDonald: ... I accept that. Mayor Furlong: Yeah, and Councilwoman Ernst? Councilwoman Ernst: I will accept. Mayor Furlong: Thank you. Thank you for clarifying that. Any other points of clarification or questions? If not we'll proceed with the vote on the motion to table that's been seconded. 60 Chanhassen City Council — October 22, 2012 Councilman McDonald moved, Councilwoman Ernst seconded that the City Council tables a determination that K2 Electrical Services, Lake Country Builders, Custom Charters, Bemm Restoration and Andrew Clark are not uses in the public interest and direct staff to prepare Findings of Fact to make a determination in the future. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Appreciate it and please continue to work with city staff as you can. COUNCIL PRESENTATIONS. Mayor Furlong: Council presentations. Thank you everyone. Appreciate you coming. Council presentations this evening? Councilman McDonald: Well I guess the only thing I would bring up was that, as the fire department reported the open house did go quite well and it was a lovely day and the chili and the hotdogs were as good as ever. Mayor Furlong: Thank you. I -would too respond, and this is in addition to the comments made about the Beyond the Yellow Ribbon proclamation that we passed earlier this evening. I made mention there of the service members appreciation breakfast which is on November l e by the group and I would, want to make sure that people realize that the public is invited to that and so if, as we look at getting the word out on the proclamation, whether through the paper or some other means, if they can make sure that there is, that people have access to attend that breakfast if they so desire. And again congratulations to the group and to all our service members and thank you. Other council presentations? If none, administrative presentations Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Mayor, City Council members just, and public, make you aware that when we established our regulation City Council agenda, or meeting times that we recognize Veteran's Day on November 12d' and moved our regulation council meeting to November 13th, and that's a Tuesday. The City Council at that time will also be canvassing election results at our 5:30 work session so you would convene as the Canvassing Board at that time so prior to our regular work session you would canvas the election results and that's on November 13n' at 5:30. Mayor Furlong: Thank you. Todd Gerhardt: Also sent out a notice but just publicly wanted to recognize Karen Engelhardt, our office manager here for the City of Chanhassen. She just celebrated 40 years of service with the City of Chanhassen and she's just done a fantastic job in managing this city basically. She's been here since she was 18 years old and. Mayor Furlong: I thought it was 5. Todd Gerhardt: 6, yeah. 61 Affidavit of Publication Southwest Newspapers State of Minnesota) CITY OF CHANHASSEN - )SS. CARVER & HENNEPIN COUNTIES County of Carver ) NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012.13 NOTICE IS HEREBY GIVEN that the Chanhassen PlanningCorn- mission hA h ss nPlanningCom- mission will hold a public hearing Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized On Tuesday September 16, 2012, at agent of the publisher of the newspapers (mown as the Chaska Herald and the Chanhassen Vd- 7:00 p.m. in the Council Chambers lager and has full knowledge of the facts herein stated as follows: in Chanhassen City Hall, 7700 Market Blvd. The purpose of this (A) These newspapers have complied with the requirements constituting qualification as a legal hearing is toreview anAppeal of an newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as Administrative Decision regarding amended. the determination of the intensi- fication of a non -conforming use B The anted public notice that is attached to this Affidavit and identified as No.'� On property zoned Single Family ( ) P Residential (RSF) located at 6411 was published on the date or dates and in the newspaper stated in the attached Notice and said Bretton Way (Tract C, RLS 105 and Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Outlots C & D, Curry Farms 2nd Ad- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both dition). Applicant/Owner: Naomi inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Carlson. and publication of the Notice: A plan showing the location of the proposal is available for public abcdeWwkhnnopgrstu wxyz review on the City's web site at I`I� 13 wwwci.y Hall during reularb busi- nessor at City Hall during regular busi- ness hours. All interested persons y; are invited to attend this public Laurie A. Hartmann and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerousCaci.chanhassen- Subscribed and sworn before me on mn.uS Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday, September 6, 2012: No. 4714) this day of 2012 =PUBIJC- ARK TANo lir 31113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED 12-13 October 23, 2012 CITY OF VMUILUU) U11 Naomi Carlson 7700 Market Boulevard 5955 Cathcart Drive Po Box 147 Excelsior, MN 553317 Chanhassen, MN 55317 Re: Appeal Nonconforming Use of Property Administration Planning Case #2012-13 Phone: 952.227.1100 Fax: 952.227.1110 Dear Mrs. Carlson: Building Inspections This letter is to confirm that on October 22, 2012, the Chanhassen City Council Phone: 952.2271180 Fax: 952.227.1190 affirmed the Board of Appeals and Adjustments' decision that Greenscapes Lawncare is an illegal intensification of the use of the property at 6411 Bretton Way. Engineering Contractor's yards are not appropriate uses within a Single -Family Residential Phone: 952.2271160 District. This business must vacate the property by December 1, 2012. Fax: 952.227.1170 Finance As to the uses within the building, City staff has been directed to work with you and Phone: 952.227.1140 the neighborhood to come up with a list of acceptable uses for the building. Fax:952.2271110 Specifically, we will develop a list of types of uses including performance standards and operating characteristics, rather than individual businesses that may occupy the Park & Recreation building. I will be coordinating meetings with you and the other property owners Phone: 952.227.1120 over the next few weeks. Once we have completed this process, we will take this Fax:952.2271110 item back to City Council for their review. Recreation Center 2310 Coulter Boulevard If you have any questions or need additional information, please contact me at (952) Phone: 952.227.1400 227-1131 or bQenerousCa..ci.chanhassen.mmus. Fax: 952.227.1404 Cordi Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Robert Generous, AICP Public Works Senior Planner 7901 Park Place Phone: 952.227.1300 ec: Kate Aanenson, Community Development Director Fax: 952.227.1310 Todd Gerhardt, City Manager Senior Center Jerry Mohn, Building Official Phone: 952.227.1125 Fax: 952227.1110 g:lplan12012 planning cases12012-13 6411 bream way caning appealtarlmnldecision IeNer lawncare.doc Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2012 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag which was led by Will Carlson from Boy Scout Troop 409. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Ernst, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Tjomhom STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson Mayor Furlong: Thank you Will. I think they're here for their communications merit badge, is that correct? Will Carlson: Yes. Mayor Furlong: Great, thank you. Boy Scout Troop 409 out of Excelsior so welcome. And welcome to everybody else here in the council chambers as well as those watching at home. We're glad that you joined us this evening. We ask at this time of members of the council if there are any changes or modifications to the agenda. If not, without objection we'll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: Mayor Furlong: I'd like to start with a public announcement this evening. The announcement was intended to invite people to ChanJam 2012 this coming November 160, but unfortunately it's been cancelled so for those that were planning to attend we apologize but due to insufficient number of bands registering for the competition, this year's event will be cancelled so city staff was committed to working with local high schools to try to recruit additional bands for next year. If you do have a band with some of your friends and you'd like to participate in the ChanJam, please contact our Park and Rec's department, Mitch Johnson and he'd be happy to give you more information about this. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated October 16, 2012 b. Approve Letter of Support for Shared Services Grant Application to State Fire Marshal's Office. C. Approval of Consent to Assignment of Interest in Limited Revenue Tax Increment Note as Related to TIF #5, North Bay/Rottlund Homes. d. Highway 101, Lyman Boulevard to Pioneer Trail: 1) Resolution #2012-61: Approve Resolution for Advancement of MSAS Funds. 2) Resolution #2012-62: Approve No Parking Resolution. 3) Bandimere Park: Approve Quit Claim Deed for TH 101 Right -of -Way. Chanhassen City Council —November 13, 2012 e. Approval of Findings of Fact, Appeal of Administrative Decision, Naomi Carlson. All voted in favor and the motion carried unanimously with a vote of 4 to 0. None. l;� �L3 WYNSONG; LOCATED AT 7042 GALPIN BOULEVARD, LOT 1. BLOCK 1, SONG ADDITION; APPLICANT: STEVE KROISS, GALPIN BOULEVARD PARTNERS, LLC; OWNER: CHARLES SONG: A. CONSIDER APPROVAL OF PRELINUNARY PLAT TO SUBDIVIDE 937 ACRES INTO 4 LOTS WITH A VARIANCE FOR A PRIVATE STREET. B. PUBLIC HEARING TO CONSIDER APPROVAL OF VACATION OF DRAINAGE AND UTILITY EASEMENTS. Mayor Furlong: There will be a public hearing, is that correct Ms. Aanenson with regard to the drainage and utility easement? Kate Aanenson: Yes there will Mayor Furlong: Okay. Public hearing did take place for the preliminary plat at the Planning Commission if I recall correctly. Kate Aanenson: That's correct. Mayor Furlong: So we will have a public hearing with regard to the utility easements, drainage easements in due course. Let's start with the staff report please and that will be followed by the applicant and questions from council. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this item did appear before the Planning Commission at their October 16"' meeting. The Planning Commission did hold a public hearing and voted 5 to 0 to recommend approval of the plat with the vacation. And then the additional item, as you indicated on this would be vacation of drainage and utility easement. The subject site is located on Galpin Boulevard. The Song property. Again this is the site itself. There's an existing one home that access via Galpin Boulevard. One large lot. This property was actually part of the, was the original property that included the Big Woods and that property was subdivided back in '93-'94 so this is the large estate that was left as a remnant piece that is now coming before you for subdivision. The proposal includes 4 large estate lots so the 9 acres, just short of 9 1/2 acres be platted into 4 lots so 3 new lots which the existing homestead. The city ordinance does allow for a private street if it can be demonstrated that it's used to be preserve natural features. In your staff report a private street criteria was reviewed in there. In looking at the prevailing development pattern does it make sense. Again there's 4 large lots. Significant amount of natural features including wetlands, trees, some slopes so looking at that we believe that the use of a private street would enhance the natural features in the area so with that we do believe it meets the criteria for the variance and are recommending approval of that. As did the Planning Commission. There's a significant amount of trees on this property so on this slide we're showing the homes. We do request that these, because they are being custom graded so as those projects come in they will show which trees will be removed but we do require that they show at least a pad of 60 by 60 to give some indication of where those trees will be removed. In your packet from the staff in your report we did include the neighbors to the south located in this area here that did have some concerns regarding tree loss SCANNED Generous, Bob From: Littfin, Mark Sent: Wednesday, January 09, 2013 10:42 AM To: Generous, Bob Subject: Planning case 2013-04 PID 25-1100100 Bob , I have no issues or concerns with this project. 9tarkLittfin Chanhassen Fire Marshal 7700 Market Blvd. PO box 147 Chanhassen MN. 55317 Direct 952.227.1151 Fax 952.227.1190 December 28, 2012 CITY OF CHOHMSEN Naomi Carlson 7700 Market Boulevard 5955 Cathcart Drive PO Box 147 Excelsior, MN 553317 Chanhassen, MN 55317 Re: Nonconforming Use of Property — 6411 Bretton Way Administration Planning Case #2012-13 Phone: 952.227.1100 Fax: 952.227.1110 Dear Mrs. Carlson: Building Inspections I have been unable to contact you either by email or phone to set up a meeting with PFax:952.227.11900 Fax: 952.227.1190 you to discuss the uses within the building at 6411 Bretton Way. Additionally, I need contact information for your tenants so that I may contact them directly to discuss Engineering their businesses. Phone: 952.2271160 Fax: 952.227.1170 As to the uses within the building, City staff has been directed to work with you and the neighborhood to come up with a list of acceptable uses for the building. Finance Specifically, we were directed to�develop a list of types of uses including PFax:952.2227110 Fax: 952.2271110 performance standards and operating characteristics, rather than individual businesses that may occupy the building. Once we have completed this process, we will take Park & Recreation this item back to City Council for their review and decision. We held a neighborhood Phone: 952.227.1120 meeting on November 20, 2012 to receive neighborhood comments. Now, I need to Fax: 952.227.1110 meet with you and then your tenants to get their information. If I cannot get this information, I will need to proceed with the information I have. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Please contact me at (952) 227-1131 or bgenerous ,ci.chanhassen.mn.us to set up a Fax: 952.227.1404 meeting and provide me with business contacts. Planning & CO Natural Resources Phone: 952.2271130 Fax: 952.2271110 Public Works Robert Generous, AICP 7901 Park Place Senior Planner Phone: 952.227.1300 Fax: 952.227.1310 ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Senior Center Phone: 952.2271125 Jerry Mohn, Building Official Fax: 952.227.1110 Web Site www achanhasseri mn.us 9:\plan\2012 Planning cases\2012-13 6411 brenon way zoning appeal-carlsonUener for individual contactdoc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Generous, Bob From: Daniel Feller ]djfeller@yahoo.com] Sent: Friday, January 04, 2013 5:05 PM To: Generous, Bob Subject: Neighborhood discussion on barn at 6411 Bretton Way Bob Thanks for setting up the meeting with the Curry Farms neighborhood regarding the buildings at 6411 Bretton Way. I'm encouraged to see the city take a role in coming up with a solution for all parties involved. One of the discussion points was to define criteria for this type of property contained within a residential neighborhood. The challenge we run into with setting criteria is that it could cause the exact opposite outcome we wish to see: • Safer environment for children on the streets by reducing traffic/construction vehicles • More residentially friendly property with less noise and better maintained buildings/property For example, if we set criteria where each tenant can only have 1 or 2 vehicles, we could end up with more traffic than we have currently if the building is fully rented or subdivided further (10 tenants * 2 vehicles = a lot of commercial traffic in a residential neighborhood). I believe the property should be treated to the same requirements as any residential house. It should also conform to sensible expectations for any residential house. In most cases, you don't expect to see more than 5 cars at any house. You also expect the building to be safe without seeing broken/boarded up windows. These types of sensible requirements results in the following initial criteria: • 3-5 vehicles for the entire building • No construction/equipment noise outside the building • Building and property maintained visually and structurally Thank you again for setting up this discussion and looking forward to seeing where we go from here. Daniel v Continued comdferciaUindustrial uses at 6411 Bretton Way 1. Operations (what the business does) A Yes O Neu�gJ Additional cammentiL 2. Parking (emnlovee. comoanv vehicles. overnight etc.) 3. Traffic (generation etc.) O Yes O NeqAa4_j 'FM 4. Deliveries (time, drop off location etc.) - 0 Yes O Neutral p No Addition comments: _ 5. Hours of Operation O Yes O Neut 6. Noise O Yes O Neutral Additional comments: 7. Pollution O Yes O Neutral 8. Odors O Yes O Neutral Additional comments: j ' O No�- i� ,.V, o i r •� 9. Equipment 0 Yes 0 Neutral 0 No comments: r ---II -5 t lily h 10. Materials (used by busin O Yes O No Additional comments: � 11. Storage (outdoor, O Yes O Neu Additional comments: 12. Number of Employees O Yes O Neutral n, appropriate screening etc.) O No /1 - ^ O No tile: giplan\2012 planning cases\2012-13 6411 bretton way zoning appeal-carlsoMsurvey final revision I Y Y ��'�p. — -7 V—„v LO 1 90*- 4V �rAA 1 r; 4 Uvtej C4!�� b 1 Ir r, r; 4 Uvtej C4!�� b 1 Continued commercial/industrial uses at 6411 Bretton Way 1. Operations (what the business does) O Yes O Neutral O No Additional comments: 4?7W lL% 2. Parking (employee, company vehicles, overnight etc.) O Yes O NeutrJa�l O/ No Additional comments. v►" "" 3. Traffic (generation etc.) O Yes O Neutralv No Additional comments: n d 4. Deliveries (time, drop off location etc.) O Yes O Neutral O No Additional comments: S. Hours of Operation 6. Noise O Yes O Neutral O No Additional comments: 7. Pollution O Yes O Neutral O No Additional comments: 8. Odors O Yes O Neutral O No 9. Equipment 0 Yes 0 Neutra', 0 No Additional comments: 10. Materials (used by business) O Yes O Neutral O No Additional comments: 11. Storage (outdoor, location, appropriate screening etc.) O Yes O Neutral O No Additional comments: 12. Number of Employees O Yes O Neutral O No Additional comments: file: g1plan@012 planning cases12012-13 6411 bretton way zoning appeal-carlson\survey final revision MPI PI 7L ow 0 qC�1 �� Ofvw ee �'Slk o, -I tiT � i � � o Gy eK 6Raal�/Hf'l/.�o 3 TLmpoi4ow Ile, Ads;.&\#t .�- 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012) VI. Adjournment 6411 Bretton Way Discussion notes. History October 22, 2012 — City Council determines that Greenscapes Lawncare is an intensification of the use and must vacate property. Staff is directed to evaluate the intensity of uses and come back to City Council with a report. August 17, 2012 —Naomi Carlson was notified that the Greenscape Lawncare is considered a contractor's yard and an illegal intensification of the use of the building at 6411 Bretton Court. Contractor's yards are not allowed within the Single Family Residential (RSF) District. August 2009 — Naomi Carlson asks the city about replacing uses with a pediatric physical therapy clinic. She was advised that she needs to verify that the non -conforming uses have been there over the last 12 months. She would need to submit a request to City Council to approve a replacement of a non -conforming use with another non -conforming use. September 2001— Naomi Carlson contacts the city about the potential conversion of a portion of the building to a single-family home. She was advised that she would be able to convert a portion of the existing building to a single-family residence. The resulting residence would need to comply with all requirements of the zoning code for single-family homes and building code requirements. The conversion of a portion of the building would lessen the nonconformity of the use. 1995 — Steve Kirchner, former building official, inspected structure: contained Ramsey Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level). June 17, 1988 — Registered Land Survey No 105C creates the parcel around the building in question. 1987 — Building contains two woodworking businesses, Precision Finishes and motorcycle repair business. 1986 — Property zoned Single Family Residential (RSF) from RI a (residential agricultural). 1970s — Precision Manufacturing Company, parts manufacturing, tool and die. September 16, 1964 — Registered Land Survey 28 creates the parcels containing the house and buildings as well as many of the parcels in the neighborhood. City Code Section 20-72. Nonconforming uses and structures. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: (1) The nonconformity or occupancy is discontinued for a period of more than one year; (e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Uses Based on information provided by Mrs. Carlson, the following is a list of the current tenants: Lessee Lease Date K2 Electrical Services June, 2002 Lake Country Builders October, 2005 Custom Charters November, 2005 Bemm Restoration May, 2011 Business (use) Electrical contractor (warehouse) Building contractor (warehouse) Boat charter (storage) Custom home restoration (Artist workshop) Andrew Clark August, 2011 Custom woodworking (woodworking) Greenscapes Lawncare August, 2012 Lawncare service (contractor's yard, seasonal) Must vacate property by December 1, 2012. Performance Characteristics Operation: Number of employees: Parking: Traffic generation: Hours of operation: Protection of general welfare (noise, pollution, odors): Equipment use: Materials: Storage: Next Steps Meet with property owner Contact the tenants about their operations Prepare report for City Council Information City Web site: www.ci.chanhassen.mn.us proposed development, miscellaneous httn://mn-chanhassen2.civicplus.com/index.ast)x?NID=786 Warehouse and Storage General Warehousing and Storage Establishments primarily engaged in the warehousing and storage of general lines of goods. In these instances, it appears that the material storage is for building finishing companies, which are establishments primarily engaged in the specialty trades needed to finish buildings. Building Finishing Contractors. This U.S. industry comprises establishments primarily engaged in building finishing trade work. Current Users K2 Electrical Services (warehouse) Lake Country Builders (warehouse) Boat Charter (storage), Similar uses Custom builder's storage Electrical repairman storage HVAC repairman storage Plumber's material storage Drywall and insulation Painting and wall covering Flooring Tile and terrazzo Finish carpentry Standards Operation: Number of employees: Parking: Traffic generation: Hours of operation: Protection of general welfare (noise, pollution, odors): Equipment use: Materials: Storage: located inside Wood working Woodworking is building a variety of products such as cabinets and furniture using wood .2 Current User Custom Woodworking ' Standard Industrial Classification Manual 2 Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2012-13 Edition, Woodworkers, on the Internet at http://www.bls.gov/ooh/production/woodworkers.htm (visited November 16, 2012). Similar uses Cabinet maker and bench carpenters Furniture finisher Custom woodworking and millwork Standards Operation: Parking: Deliveries: Traffic generation: Employee: one or two employees Hours of Operation: Protection of general welfare (noise, pollution, odors) Equipment use: Sanders (hand or belt), jigsaw, drill, router, table saw Materials: wood, Storage: inside building Artist Studio A skilled manual worker; a craftsperson, a person skilled in applied art. A person that makes a high-quality, distinctive product in small quantities, usually by hand and using traditional methods. Current user Custom Home Restoration (painting and printmaking) Similar uses Sculptor/pottery studio Painting studio Photographer studio Printmaking studio Standards Operation: Parking: Deliveries: Traffic generation: Hours of Operation: Number of employees: generally one Protection of general welfare: Equipment use: Materials: paints, plaster, clay, computers Storage: inside building Continued commercial/industrial uses at 6411 Bretton Way 1. Operations (what the business does) O Yes O Neutral O No Additional comments. 2. Parking (employee, company vehicles, overnight etc.) O Yes O Neutral O No Additional comments: 3. Traffic (generation etc.) O Yes O Neutral Additional comments: O No 4. Deliveries (time, drop off location etc.) O Yes O Neutral O No Additional comments: S. Hours of Operation O Yes O Neutral Additional comments: 6. Noise O Yes O Neutral Additional comments: O No O No 7. Pollution O Yes O Neutral O No Additional comments: 8. Odors O Yes O Neutral Additional comments: • `. 9. Equipment 0 Yes 0 Neutra" 0 No Additional comments. 10. Materials (used by business) O Yes O Neutral O No Additional comments: 11. Storage (outdoor, location, appropriate screening etc.) O Yes O Neutral O No Additional comments: 12. Number of Employees O Yes O Neutral O No Additional comments: file: gAplan\2012 planning cases12012-13 6411 bretton way zoning appeal-carlsoMsurvey final revision Continued commercial/industrial uses at 6411 Bretton Way 1. Operations (what the business does) O Yes O Neutral O No Additional comments: 2. Parking (employee, company vehicles, overnight etc.) O Yes O Neutral O No Additional comments: 3. Traffic (generation etc.) O Yes O Neutral Additional comments: O No 4. Deliveries (time, drop off location etc.) O Yes O Neutral O No Additional comments: 5. Hours of Operation O Yes O Neutral Additional comments: 6. Noise O Yes O Neutral Additional comments: 7. Pollution O Yes O Neutral Additional comments: 8. Odors O Yes O Neutral Additional comments: O No O No O No O No 9. Equipment 0 Yes 0 Neutra" 0 No Additional comments. 10. Materials (used by business) O Yes O Neutral O No Additional comments: 11. Storage (outdoor, location, appropriate screening etc.) O Yes O Neutral O No Additional comments: 12. Number of Employees O Yes O Neutral O No Additional comments: file: giplant2012 planning easest2012-13 6911 bretton way zoning appeal- arlson\survey final revision Continued commercial/industrial uses at 6411 Bretton Way 1. Operations (what the business does) O Yes O Neutral O No Additional comments: 2. Parking (employee, company vehicles, overnight etc.) O Yes O Neutral O No Additional comments: 3. Traffic (generation etc.) O Yes O Neutral Additional comments: O No 4. Deliveries (time, drop off location etc.) O Yes O Neutral O No Additional comments: 5. Hours of Operation O Yes O Neutral Additional comments: 6. Noise O Yes O Neutral Additional comments: 7. Pollution O Yes O Neutral Additional comments: 8. Odors O Yes O Neutral Additional comments: O No O No O No 9. Equipment 0 Yes 0 Neutra', 0 No 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012. VI. Adjournment 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses C. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses C. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012. VI. Adjournment 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012. VI. Adjournment 6411 Bretton Way Neighorhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012. VI. Adjournment 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012. VI. Adjournment 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012. VI. Adjournment 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012. VI. Adjournment 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012. VI. Adjournment Administration We re -visited these properties today and find the property maintenance issues Phone: 952.227.1100 referred to in the previous letters (see enclosed) have been not addressed. Fax: 952.2271110 If the following corrections to these properties are not completed within thirty days Building Inspections this matter will be referred to the City Attorney for appropriate action: Phone: 952.227.1180 Fax: 952.227.1190 6397 Bretton Way: • Repair damaged/deteriorated soffit. Engineering • Repaint. Phone: 952.227.1160 • Remove outdoor storage. Fax: 952.2271170 Finance December 4, 2012 Phone: 952.227.1140 Naomi Carlson Fax. 952.227.1110 5955 Cathcart Drive Excelsior, MN 55331 ❑C��j]�opfSEN CIIHl1IlH�1 • Repair/replace damaged windows. Phone. 952.2271120 Dear Ms Carlson, 7700 Market Boulevard • Repaint. PO Box 147 This letter is in regards to complaints regarding the condition of your properties at Chanhassen, MN 55317 6397 and 641 lBretton Way in the City of Chanhassen. Administration We re -visited these properties today and find the property maintenance issues Phone: 952.227.1100 referred to in the previous letters (see enclosed) have been not addressed. Fax: 952.2271110 If the following corrections to these properties are not completed within thirty days Building Inspections this matter will be referred to the City Attorney for appropriate action: Phone: 952.227.1180 Fax: 952.227.1190 6397 Bretton Way: • Repair damaged/deteriorated soffit. Engineering • Repaint. Phone: 952.227.1160 • Remove outdoor storage. Fax: 952.2271170 Finance 6411 Bretton Way: Phone: 952.227.1140 • Repair/replace siding. Fax. 952.227.1110 • Repair damaged/detenorated foundation masonry. • Replace damaged and/or missing shingles. Park & Recreation • Repair/replace damaged windows. Phone. 952.2271120 • Repair/replace exterior trim, facia, soffits. Fax 952.227.1110 • Repaint. • Discontinue outdoor storage. Recreation Center 2310 Coulter Boulevard In addition to the above property maintenance issues, we have found some type of Phone: 952.2271400 Fax: 952.227.1404 a rox. 40x40and 36" concrete structure (PP " " deep), covered only with random pieces of plywood, embedded in the soil due west of the 6397 Bretton Way Planning & building. This cavity must be immediately protected (filled with clean soil, Natural Resources acceptably, securely covered or guard -railed) to prevent personal injury. Phone: 952.227.1130 Fax: 9522271110 I can be contacted at 952-227-1199 if there are.any questions. Public WorksCordially, 7901 Park Place Phone: 952.227.1300 Fax: 952227.1310 Jerritt Mo Building Official Senior Center City of Chanhassen Phone: 952 227.1125 ` Fax, 952.227.1110 CC: Kate Aanenson, Director, Community Development Department Web Site ApOw Generous, Senior Planner www ci.chanhassen.mn.us Building File: 6397 Bretton Way, 6411 Bretton Way G:\SAFEIYANT2012 lettm\6397 and 6411 Bretton Way propmaint.doc Park & Recreation Phone: 952.227.1120 Co Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Robert Generous, AICP Fax: 952.227.1404 Senior Planner Planning & cc: Kate Aanenson, Community Development Director Natural Resources Phone: 952.2271130 Fax: 952.227.1110 Enclosure Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us gAplan\2012 planning cmmU012-13 6411 bretton way zoning appeal-carlsoMfindings of fact letter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED November 28, 2012 CITY OF Appeal Nonconforming Use of Property CHMHASSEN Naomi Carlson 7700 Market Boulevard 5955 Cathcart Drive PO Box 147 Excelsior, MN 553317 Chanhassen, MN 55317 Park & Recreation Phone: 952.227.1120 Co Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Robert Generous, AICP Fax: 952.227.1404 Senior Planner Planning & cc: Kate Aanenson, Community Development Director Natural Resources Phone: 952.2271130 Fax: 952.227.1110 Enclosure Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us gAplan\2012 planning cmmU012-13 6411 bretton way zoning appeal-carlsoMfindings of fact letter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Re: Findings of Fact and Decision Administration Appeal Nonconforming Use of Property Phone: 952.227.1100 Planning Case #2012-13 Fax: 952.227.1110 Dear Mrs. Carlson: Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 On November 13, 2012, the City Council adopted the attached Findings of Fact and Decision regarding the lawncare business. This document is in conjunction with their Engineering decision on October 22, 2012, which affirmed the Board of Appeals and Phone: 952.227.1160 Adjustments' •decision that Greenscapes Lawncare is an illegal intensification of the Fax: 952.227.1170 use of the property at 6411 Bretton Way. I am providing this document for your records. Finance Phone: 952.2271140 Fax: 952.227.1110 If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous&cci.chanhassen.mn.us. Park & Recreation Phone: 952.227.1120 Co Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Robert Generous, AICP Fax: 952.227.1404 Senior Planner Planning & cc: Kate Aanenson, Community Development Director Natural Resources Phone: 952.2271130 Fax: 952.227.1110 Enclosure Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us gAplan\2012 planning cmmU012-13 6411 bretton way zoning appeal-carlsoMfindings of fact letter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Naomi Carlson for determination of nonconforming uses on property located at 6411 Bretton Way which is zoned Single -Family Residential District, RSF — Planning Case #2012-13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2"d Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. The Greenscapes Lawncare business performs landscaping, lawn care and snow removal services. 6. A landscaping, lawn care and snow removal business increases the intensity of the use of the property because the previous commercial uses were confined to the building, did not include the storage of landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn or trailers stored outside overnight, did not have vehicles being driven away in the morning and returning in the evening, and were businesses that operated within the building. 7. The planning report #2012-13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 5. The city council report #2012-13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. SCANNED DECISION The Chanhassen City Council determines that Greenscape Lawncare is an intensification of the use of the property and is therefore not in the best interest of the community to permit to occupy the premises and must vacate the property. ADOPTED by the Chanhassen City Council this 13th day of November, 2012. CITY OF CHANHASSEN BY: Mayor gAp1an\2012 planning case0012-13 6,411 bretton way zoning appeal<arlson\findings of fact and decision.doc 7700 Market Boulevard PC 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: 952.2271140 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 Web Site www.ci.chanhassen.mmus MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous ptk(O DATE: November 13, 2012 SUBJ: 6411 Bretton Way Findings of Fact and Decision Planning Case 2012-13 PROPOSED MOTION "The Chanhassen City Council adopts the Findings of Fact and Decision regarding Greenscapes Lawncare at 6411 Bretton Way." City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY On October 22, 2012, the Chanhassen City Council affirmed the Board of Appeals and Adjustments decision that Greenscapes Lawncare business was an intensification of the non -conforming use of the property at 6411 Bretton Way and must, therefore, vacate the property. However, City Council tabled the adoption of findings of fact to allow revisions due to the discussion of contractor's yard as a description for the use. City Council minutes are item la of the November 13, 2012 City Council agenda packet. RECOMMENDATION Staff recommends adoption of Findings of Fact and Decision regarding Greenscapes Lawncare business at 6411 Bretton Way. ATTACHMENTS 1. Findings of Fact and Decision (Denial). g9plan\2012 planning cases\2012-13 6411 bretton way zoning appeal-carlsonkcc memo 11-13-12 findings adopt.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED i CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) Application of Naomi Carlson for determination of nonconforming uses on property located at 6411 Bretton Way which is zoned Single -Family Residential District, RSF — Planning Case #2012-13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2"d Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. The Greenscapes Lawncare business performs landscaping, lawn care and snow removal services. 6. A landscaping, lawn care and snow removal business increases the intensity of the use of the property because the previous commercial uses were confined to the building, did not include the storage of landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn or trailers stored outside overnight, did not have vehicles being driven away in the morning and returning in the evening, and were businesses that operated within the building. 7. The planning report #2012-13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 5. The city council report #2012-13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. U DECISION The Chanhassen City Council determines that Greenscape Lawncare is an intensification of the use of the property and is therefore not in the best interest of the community to permit to occupy the premises and must vacate the property. ADOPTED by the Chanhassen City Council this 13a day of November, 2012. CITY OF CHANHASSEN Mayor g:\plan\2012 planning cases\2012-13 6411 bmtton way zoning appealcnlson\tindings of fact and decision.doc la -'/3 6411 Bretton Way Neigborhood Meeting Agenda City of Chanhassen City Council Chambers 7700 Market Boulevard Tuesday November 20, 2012 6:00 p.m. to 7:00 p.m. I. Welcome II. Purposed of Meeting: a. Discuss concerns or issues regarding the continued use of the property located at 6411 Bretton Way for commercial and industrial uses. b. Development of the use standards/performance criteria. III. Background a. City Council b. History of Uses c. City Code Requirements IV. Performance Characteristics a. Existing Uses b. Similar Uses c. Performance characteristics or standards V. Next Steps a. Meet with Property Owner b. Contact existing users c. Prepare report for City Council (End of January or early February 2012) VI. Adjournment OCAUMM 6411 Bretton Way Discussion notes. History October 22, 2012 — City Council determines that Greenscapes Lawncare is an intensification of the use and must vacate property. Staff is directed to evaluate the intensity of uses and come back to City Council with a report. August 17, 2012 — Naomi Carlson was notified that the Greenscape Lawncare is considered a contractor's yard and an illegal intensification of the use of the building at 6411 Bretton Court. Contractor's yards are not allowed within the Single Family Residential (RSF) District. August 2009 —Naomi Carlson asks the city about replacing uses with a pediatric physical therapy clinic. She was advised that she needs to verify that the non -conforming uses have been there over the last 12 months. She would need to submit a request to City Council to approve a replacement of a non -conforming use with another non -conforming use. September 2001— Naomi Carlson contacts the city about the potential conversion of a portion of the building to a single-family home. She was advised that she would be able to convert a portion of the existing building to a single-family residence. The resulting residence would need to comply with all requirements of the zoning code for single-family homes and building code requirements. The conversion of a portion of the building would lessen the nonconformity of the use. 1995 — Steve Kirchner, former building official, inspected structure: contained Ramsey Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level). June 17, 1988 — Registered Land Survey No 105C creates the parcel around the building in question. 1987 — Building contains two woodworking businesses, Precision Finishes and motorcycle repair business. 1986 — Property zoned Single Family Residential (RSF) from Rl a (residential agricultural). 1970s — Precision Manufacturing Company, parts manufacturing, tool and die. September 16, 1964 — Registered Land Survey 28 creates the parcels containing the house and buildings as well as many of the parcels in the neighborhood. City Code Section 20-72. Nonconforming uses and structures. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: (1) The nonconformity or occupancy is discontinued for a period of more than one year; (e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Uses Based on information provided by Mrs. Carlson, the following is a list of the current tenants: Lessee Lease Date K2 Electrical Services June, 2002 Lake Country Builders October, 2005 Custom Charters November, 2005 Bemm Restoration May, 2011 Business (use) Electrical contractor (warehouse) Building contractor (warehouse) Boat charter (storage) Custom home restoration (Artist workshop) Andrew Clark August, 2011 Custom woodworking (woodworking) Greenscapes Lawncare August, 2012 Lawncare service (contractor's yard, seasonal) Must vacate property by December 1, 2012. Performance Characteristics Operation: Number of employees: Parking: Traffic generation: Hours of operation: Protection of general welfare (noise, pollution, odors): Equipment use: Materials: Storage: Next Steps Meet with property owner Contact the tenants about their operations Prepare report for City Council Information City Web site: www.ci.chanhassen.mn.us proposed development, miscellaneous biLtp://mn-chanhassen2.civicylus.com/index.Mx?NID=786 Warehouse and Storage General Warehousing and Storage Establishments primarily engaged in the warehousing and storage of general lines of goods.' In these instances, it appears that the material storage is for building finishing companies, which are establishments primarily engaged in the specialty trades needed to finish buildings. Building Finishing Contractors. This U.S. industry comprises establishments primarily engaged in building finishing trade work. Current Users K2 Electrical Services (warehouse) Lake Country Builders (warehouse) Boat Charter (storage), Similar uses Custom builder's storage Electrical repairman storage HVAC repairman storage Plumber's material storage Drywall and insulation Painting and wall covering Flooring Tile and terrazzo Finish carpentry Standards Operation: Number of employees: Parking: Traffic generation: Hours of operation: Protection of general welfare (noise, pollution, odors): Equipment use: Materials: Storage: located inside Wood working Woodworking is building a variety of products such as cabinets and furniture using wood .2 Current User Custom Woodworking ' Standard Industrial Classification Manual z Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2012-13 Edition, Woodworkers, on the Internet at http:/Iwww.bis.goy/ooh/production/w-oodworkers.htm (visited November 16, 2012). Similar uses Cabinet maker and bench carpenters Furniture finisher Custom woodworking and millwork Standards Operation: Parking: Deliveries: Traffic generation: Employee: one or two employees Hours of Operation: Protection of general welfare (noise, pollution, odors) Equipment use: Sanders (hand or belt), jigsaw, drill, router, table saw Materials: wood, Storage: inside building Artist Studio A skilled manual worker; a craftsperson, a person skilled in applied art. A person that makes a high-quality, distinctive product in small quantities, usually by hand and using traditional methods. Current user Custom Home Restoration (painting and printmaking) Similar uses Sculptor/pottery studio Painting studio Photographer studio Printmaking studio Standards Operation: Parking: Deliveries: Traffic generation: Hours of Operation: Number of employees: generally one Protection of general welfare: Equipment use: Materials: paints, plaster, clay, computers Storage: inside building Administration Phone: 952.2271100 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 PROPOSED MOTION "The Chanhassen City Council affirms the Board of Appeals and Adjustments determination that Greenscapes Lawncare is an intensification of the nonconforming use and must vacate the property at 6411 Bretton Way." And, "The Chanhassen City Council approves the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters and Bemm Restoration to replace the former nonconforming uses." Or, "The Chanhassen City Council has determined that K2 Electrical Services, Lake Country Builders, Custom Charters and Bemm Restoration are uses not in the public interest and must vacate the property at 6411 Bretton Way." And adoption of the attached Findings of Fact and Decision. City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY This issue arose when Greenscapes Lawncare was leased space at the property for their business. Staff visited the site and advised Mrs. Carlson that the use was not permitted and must vacate the property. Mrs. Carlson appealed this decision to the Board of Appeals and Adjustment. As part of the review, Mrs. Carlson provided a list of tenants for the building. Because these uses were different from those the City had documented in 1995, Mrs. Carlson was also advised that City Council would have to approve the uses. Naomi Carlson is appealing staff s determination and the Board of Appeals and Web Site Adjustment's decision that Greenscapes Lawncare is an intensification of the www.ci.chanhassen.mn.us nonconforming use of the property. Additionally, she is requesting that City Council determine that the changes in the uses of her property, while nonconforming, are less intensive uses and may replace the previous nonconforming uses. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM TO: Todd Gerhardt, City Manager CITYOF FROM: Bob Generous, Senior Planner CIIANNSEN DATE: October 22, 2012 7700 Market Boulevard PO Box 147 SUBJ: 6411 Bretton Way Chanhassen, MN 55317 Administration Phone: 952.2271100 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 PROPOSED MOTION "The Chanhassen City Council affirms the Board of Appeals and Adjustments determination that Greenscapes Lawncare is an intensification of the nonconforming use and must vacate the property at 6411 Bretton Way." And, "The Chanhassen City Council approves the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters and Bemm Restoration to replace the former nonconforming uses." Or, "The Chanhassen City Council has determined that K2 Electrical Services, Lake Country Builders, Custom Charters and Bemm Restoration are uses not in the public interest and must vacate the property at 6411 Bretton Way." And adoption of the attached Findings of Fact and Decision. City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY This issue arose when Greenscapes Lawncare was leased space at the property for their business. Staff visited the site and advised Mrs. Carlson that the use was not permitted and must vacate the property. Mrs. Carlson appealed this decision to the Board of Appeals and Adjustment. As part of the review, Mrs. Carlson provided a list of tenants for the building. Because these uses were different from those the City had documented in 1995, Mrs. Carlson was also advised that City Council would have to approve the uses. Naomi Carlson is appealing staff s determination and the Board of Appeals and Web Site Adjustment's decision that Greenscapes Lawncare is an intensification of the www.ci.chanhassen.mn.us nonconforming use of the property. Additionally, she is requesting that City Council determine that the changes in the uses of her property, while nonconforming, are less intensive uses and may replace the previous nonconforming uses. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt 6411 Bretton Way —Planning Case 2012-13 October 22, 2012 Page 2 of 4 PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 18, 2012 to review an administrative decision of staff that Greenscapes Lawncare was an intensification of the use of the property and must vacate the site. The Planning Commission affirmed staff s determination by a unanimous vote of 6 to 0. The Planning Commission minutes of September 18, 2012 are attached. APPLICABLE REGULATIONS Chapter 20, Article II, Division 4, Noncwnfroming Uses Chapter 20, Article XII, "RSF" Single -Family Residential District DISCUSSION Based on inspection of the building in 1995, the City has the list of users of the building: Ramsey Woodworking (woodworking shop), Precision Finishing (small part painting), Roger Mcleare (rebuilding motorcycles). These are the presumptive nonconforming uses of the property. Based on information provided by Mrs. Carlson, the following is a list of the current tenants: Lessee Lease Date Business (use) K2 Electrical Services June, 2002 Electrical contractor (warehouse) Lake Country Builders October, 2005 Building contractor (warehouse) Custom Charters November, 2005 Boat charter (storage) Bemm Restoration May, 2011 Custom home restoration (Artist workshop) Andrew Clark August, 2011 Custom woodworking (woodworking) Greenscapes Lawncare August, 2012 Lawncare service (contractor's yard, seasonal) It appears that the only continuing nonconforming use within the building is the woodworking shop. All the other uses are changes in uses that must be approved by City Council. The intent of the nonconforming use ordinance is to encourage the elimination of nonconforming uses, lots and structures or reduce their impact on adjacent properties. What the city looks at in determining the intensity of a use includes the amount of traffic generated by a use, the number of employees that are at a business and the equipment and material that are used by the business. Due to the residential character of the area and the number of school-age children in the neighborhood, the amount of traffic generated by the business is of high importance. Artist studios, storage or warehouse uses appear to be less intensive uses than either the painting establishment or the motorcycle repair business. Todd Gerhardt 6411 Bretton Way — Planning Case 2012-13 October 22, 2012 Page 3 of 4 While this situation is not the same as a home occupation, which is a permitted accessory use within the zoning district, home occupation requirements provide us with direction in determining what appropriate business uses within residential districts are. These regulations are as follows: • The home occupation shall be conducted entirely within a fully enclosed building. • The hours of operation of any home occupation shall be limited to between 8:00 am. and 8:00 p.m. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of a home occupation. • No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood, and no home occupation involving the need for more than three parking spaces for the occupants and visitors shall be permitted. • No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Only one nonresident of the dwelling unit may be employed upon the premises of a home occupation. • Exterior parking of trailers, steer skid loaders, landscaping equipment, cement mixers, and other similar types of equipment used in conjunction with the home occupation is prohibited. Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the home occupation or parked on the property. Pursuant to City Code section 20-72 (e), "If approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest'. However, City Council is not required to continue to allow uses that are not permitted in the zoning district. Since there are no machining, manufacturing, or contracting business uses, with the exception of the woodworking business, such uses would not be continuing nonconforming uses of the property, unless they were approved in the future by City Council. RECOMMENDATION Staff requests that City Council make a determination of the nonconforming uses of the property located at 6411 Bretton Way. If City Council decides that these uses may replace the previous uses of the site, such approval should be subject to the following conditions: 1. An annual report of the tenants in the building shall be provided in January of each year. Todd Gerhardt 6411 Bretton Way —Planning Case 2012-13 October 22, 2012 Page 4 of 4 2. The City shall be notified when a tenant vacates the building. 3. The city shall be notified of new lessees if they are similar uses as those approved (artist studio, indoor warehouse or storage and woodworking shops). 4. Any other use must be submitted to City Council for approval of changes in use. ATTACHMENTS 1. Findings of Fact and Decision (Denial). 2. Findings of Fact and Decision (Approval). 3. Email from N R Carlson to Bob Generous dated October 11, 2012. 4. Petition Dated September 17, 2012 re Planning Case No. 2012-13. 5. Letter from Gerald and Karon Story to Planning Commission dated 9/17/12. 6. Planning Commission Minutes dated September 18, 2012. 7. Planning Commission Staff Report dated September 18, 2012. gAplan\2012 planning c s\2012-13 6411 bmtton way caning appeal-cwIwn\cc memo.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Naomi Carlson for determination of nonconforming uses on property located at 6411 Bretton Way which is zoned Single -Family Residential District, RSF — Planning Case #2012-13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2"d Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. The Greenscapes Lawncare business is classified as a contractor's yard as defined in the Chanhassen City Code. 6. A contracting yard would increase the intensity of the use of the property because the previous commercial uses were confined to the building, did not include the storage of landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn or trailers stored outside overnight, did not have vehicles being driven away in the morning and returning in the evening, and were businesses that operated within the building. 7. The planning report #2012-13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 5. The city council report #2012-13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. DECISION The Chanhassen City Council determines that Greenscape Lawncare is an intensification of the use of the property and is therefore not in the best interest of the community to permit to occupy the premises and therefore must vacate the property. ADOPTED by the Chanhassen City Council this 22"d day of October, 2012. CITY OF CHANHASSEN Mayor g:\p1an12012 planning cases\2012-13 6411 bretton way zoning appeal-culsonfindings of fact and decision.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Naomi Carlson for determination of nonconforming uses on property located at 6411 Bretton Way which is zoned Single -Family Residential District, RSF — Planning Case #2012-13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: FINDINGS OF FACT. 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2nd Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. Artist studio and indoor warehouse or storage are less intensive uses of the nonconforming commercial uses of the property since they do not include machining, manufacturing, or contracting yard operations. 6. Continued occupation and use of the building will permit the site to be maintained, stabilize the tax base and permit limited use commercial businesses to operate in the community. 7. The planning report #2012-13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 5. The city council report #2012-13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. DECISION The Chanhassen City Council determines that Artist studio and indoor warehouse or storage is not an intensification of the use of the property and is therefore in the best interest of the community to permit to occupy the premises. ADOPTED by the Chanhassen City Council this 22nd day of October, 2012. CITY OF CHANHASSEN :• Mayor g1plan\2012 planning cases\2012-13 6411 bretton way zoning appeal-Carlson\findings of fact and decision approve.doc Generous, Bob From: N R CARLSON [naomicarlson@msn.com] Sent: Thursday, October 11, 2012 5:33 PM To: Generous, Bob Subject: RE: Appeal to City Council To Bob Generous and the Chanhassen City Council: I am requesting approval of these current tenants at 6411 Bretton Way: K2 Electric (leased 2002) a local electrical company who uses the space for indoor storage Monday through Friday. His use is of lesser intensity than the former tenant, Precision Finishing, who had customers and delivery services coming throughout the day. Current use is limited to one employee picking up supplies for offsite jobs. Lake Country Builders (leased 2005). a local builder also using their space for storing supplies, picking them up in the morning Monday through Friday, returning at the end of the workday to unload if necessary. Their use is of considerable lesser intensity than Ramsay Woodworking, which had 2 to 5 workers there each day, all day, also with pick up and delivery services. Custom Charters (leased 2005) use space for off-season indoor storage, and is only there occasionally. Bemm Restoration (leased 2011) uses the space as an artist's workshop. This use is also considerably less intense that when Roger McClearen restored motorcycles there. Mr. Bemm works offsite during the day and uses space occasionally. Andrew Clark (leased 2011) uses his space part-time for custom woodworking. His use of the space is about the same intensity as Vacuum Fluids, Inc, a tenant from 1995 to 2003, replaced by Equity Construction, a one-person business making small neon signs. I was unaware that I needed the approval of City Council to re -rent spaces when they became available. To me, it is unreasonable to expect that one business would replace another exactly. If only one business occupied the entire building, then another similar business would be more likely; however, since spaces are rented separately it would be very difficult to find an identical business to fill a vacancy. I apologize that I failed to seek the necessary approval. Naomi Carlson naomicarlson@msn.com Subject: FW: Appeal to City Council Date: Mon, 1 Oct 2012 20:17:15 �FroTii1A Not only are you appealing the decision about the intensification of use, but you must also request that the new uses be approved by City Council. I assume that since you did not get anything in for the request to replace the nonconforming uses with other nonconforming uses by last Friday September 28, 2012, you intend to request that all the uses be reviewed at one time. The next agenda I can put you on is October 22, 2012 agenda. I will need any supporting documents that you want to submit by Oct. 10, 2012. Otherwise, we will have to present the request to City Council with the information we have. If you have any questions or need additional information, please contact me. From: Generous, Bob Sent: Friday, September 21, 2012 4:14 PM To: 'N R CARLSON' Cc: Aanenson, Kate Subject: RE: Appeal to City Council Naomi: As we discussed previously, you also need to request the replacement of nonconforming uses with other nonconforming uses. Our records from 1995 show the following uses: Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level). City code (section 20-72 (e)) states: (e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Based on the list of tenants you provided, only one of the uses, the woodworking shop, appears to be a continuation of a previous use. All the rest would need to be approved by City Council as outlined in section 20-72 (e). Lessee Business K2 Electrical Services Electrical contractor (warehouse) Lake Country Builders Building contractor (warehouse) Custom Charters Boat charter (storage) Bemm Restoration Artist workshop and custom home restoration; Andrew Clark Custom woodworking Greenscapes Lawncare Lawncare service (seasonal) In all instances, you need to provide "proof regarding the relative intensities of uses" . You need to submit all your documentation or narratives by Friday, September 28, 2012, so that it can be included in the packet to City Council for the October 8, 2012 agenda. If you would like additional time to prepare your material for City Council review, please contact myself or Kate Aanenson, kaanenson@ci.chanhassen.mn.us , to schedule a date for City Council review. I will be out of the office the week of September 24 — 28. S From: N R CARLSON [mailto:naomicarlsonColmsn.com] Sent: Thursday, September 20, 2012 7:19 PM To: Generous, Bob Subject: Appeal to City Council Please consider this my application to appeal the decision of the Planning Commission. Thanks, Naomi September 17, 2012 Attn: City of Chanhassen Planning Commission Re: Planning Case No. 2012-13 (6411 Bretton Way) We, the residents of Curry Farms, who live near 6411 Bretton Way, respectfully request that the City of Chanhassen Planning Commission uphold the decision of the city's staff that Greenscape LawnCare's use of the property at 6411 Bretton Way is an intensification of the non -conforming use of the property and that Greenscape must vacate the property immediately. In addition, we request that the property and buildings at 6411 Bretton Way be inspected as there are multiple code violations occurring at the property and in the buildings. The disrepair and structural integrity of the buildings on the property could pose a threat to public safety and may fall under the definition of Hazardous building or hazardous property as defined in Minnesota Statute 463.15 and the definition of a nuisance in Section 13, Article I of the Chanhassen City Code. SCANNED Mimi- lb IIM . aWAV WIN c, 0 A.•..-� SCANNED Gerald and Karon Story 6281 Teton Lane Chanhassen, MN 55357 September 17, 2012 Attn: Planning Commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55357 Re: Planning Case No. 2012-13 (6411 Bretton Way) Dear Planning Commission: We are submitting this letter for inclusion in the September 18, 2012 Planning Commission meeting agenda regarding the appeal for the property located at 6411 Bretton Way. We are the adjacent property owners and have owned the property at 6281 Teton Lane for over 21 years. We agree with the city of Chanhassen Staff's determination that the landscape business, Greenscapes Lawncare, is an intensification of the non-confomning use of the property and respectfully request that the Planning Commission uphold the Staff's determination. In the attached letter to the city dated September 7, 2012, Ms. Carlson states "I firmly maintain that Greenscapes Lawncare is not an intensification of the use of this grandfathered -in property for the following reasons" and gives six reasons, none of which are valid points in this case. Point 1 is an invalid argument because Greenscapes LawnCare does fall under the definition of a Contractor's Yard, which means any area or use of land where vehicles, equipment, and/or construction materials and supplies commonly used by the building, excavation, roadway construction, landscaping and similar contractors are stored and serviced Greenscapes LawnCare offers landscaping services, whether it is by customer request or not, it would therefore fall under landscaping. Greenscapes could also fall under and similar contractors. Point 2 is also an invalid argument based on the definition. Ms. Carlson makes an assumption about the types of items that are "normally found in a contractor's yard" but she has no expertise on which to make this assumption. The equipment that has been stored at 6411 Bretton Way includes trucks, including a pickup truck with a dump trailer and a chemical spray truck, landscape equipment trailers, and lawn maintenance SCANNED equipment, which would fall under equipment used by landscaping and similar contractors. Point 3, 4, and 5 are not entirely accurate. As homeowners living at the adjacent property, we are able to see the traffic and activities at the building as it is right outside the window of our main living area Ms. Carlson is not on the premises of 6411 Bretton Way on a regular basis and is therefore not in a position to make these statements or know exactly what is occurring at her property all the time. Greenscapes LawnCare is the first tenant on the property to regularly use the driveway behind the building and also the first to store equipment on the back driveway and on the steep backyard of the building, making their use an intensification of the non -conforming use of the property. In addition, multiple aerial views of the property taken at different time periods before she rented to Greenscapes show no or very few cars parked at the building. Traffic coming to and from the building and vehicles parked at the building are at the highest level we have seen in 21 years. Point 6 is not valid to the determination of whether the use of the property by Greenscapes LawnCare is an intensification of the non -conforming use of the property because storing of equipment on the property, even without the added traffic, would still be an intensification of the non -conforming use of the property. Ms. Carlson goes on in her letter to personally attack us with false statements and accuse us of "harassing some of my tenants for months" which is simply a lie. We were not the first or only neighbors to complain about the ordinances being broken at 6411 Bretton Way, nor have we ever harassed anyone. We have however, been on the receiving end of harassment and countless belligerent phone calls from Ms. Carlson and heard on multiple occasions that we have no rights as property owners to complain about anything she does because her property is "grandfathered in" and she has "friends at the city." Over the 21 years we have owned our property, Ms. Carlson been arrogant and hostile towards us and seems to believe that she is above the law and that grandfathered in means she can do anything she wants with her property. She thinks she does not need to comply with city ordinances as the rest of us do, which she makes clear by the last statement in her letter "I have the right to allow my property to be occupied by Greenscapes." What we have done as property owners is take pictures of the activities at the building to provide proof to the city of the activities occurring there. Exercising our right to complain about an adjacent property owner breaking city ordinances is not "harassing." In addition to Greenscapes LawnCare using the back driveway and yard of the building, they attempted to use the driveway to our residence which is an ingress/egress easement for the sole purpose of accessing our property. Greenscapes LawnCare attempted to drive down our driveway and proceed to drive down the steep yard to Ms. Carlson's building. The grade of the yard is approximately 30% and it is not safe for driving, nor is it a driveway of any sort. We have maintained and cared for the driveway to our property for over 21 years and there is simply no reason for any tenant in Ms. Carlson's building to ever use our driveway for access to the building when there is a driveway in the front and back of the building. We respectfully request that you uphold the stafrs decision that Greenscape's use of the property at 6411 Bretton Way is an intensification of the non -conforming use of the property and that Greenscape and any other nonconforming tenants be asked again to vacate immediately. In addition, we request that the property at 6411 Bretton Way be inspected as there are multiple code violations occurring at the property. The disrepair and structural integrity of the buildings on the property located at 6411 Bretton Way could pose a threat to the safety of the residents surrounding the property and may fall under the definition of Hazardous building or hazardous property as defined in Minnesota Statute 463.15 and the definition of a nuisance in Section 13, Article I of the Chanhassen City Code. Sincerely, Gerald & Karon Story Carver County, MN vs. A Aj J� __ 6 .i.. moi a pf intomaoon systerin (GAS), n rs a mnw+ation Map Scale or idp d`ara han venous cry cwnty, $tate, aM FedQra) Olbfg. 7t161R1p 6 MI a -urveyea a IegeNy remtled 1 inch= 117 feet rnaP and a mteMe] to be esed as a reference. CarverCa,ny;s robes portsi�le for any inaccvrak=s mntawkH AerWn Map Date 5/7/2010 N w+E S kl, 0 -7, i . ;r •� . �. jdl A��..a� � �� =�► LJ U ,�_ ,.r e., `i im s 4 r oc b a -c k 'tie a , t w► F;, .. Of w A • �.�� '�l •iii. •Y �� gid+ �•; ;� � •,: .a. Al W�� !2"- 7&1 Chanhassen Planning Commission — September 18, 2012 accessory structure limitation on property zoned Agricultural Estate District (A2) and adopt the attached Findings of Fact and Decision. Hokkanen: Second. Aller: I have a motion and a second. Any further discussion? Undestad moved, Hokkanen seconded that the Planning Commission, acting as the Board of Appeals and Adjustments, denies Planning Case #2012-12 for a 4,940 square foot variance to the 1,000 square foot accessory structure limitation on property zoned Agricultural Estate District (A2) and adopt the attached Findings of Fact and Decision. All voted in favor, except Colopoulos who opposed, and the motion carried with a vote of 5 to 1. Aanenson: Again, point of clarification Chairman. This did meet the super majority but the applicant still has the right to appeal this to the City Council. Aller. Correct. Aanenson: And that would, could go forward on October 8'". We just need to get it in writing the appeal. Aller: Okay, thank you. And we're moving forward to item number 3 on the agenda. PUBLIC HEARING: 6411 BRETTON WAY: REQUEST TO APPEAL AN ADMINISTRATIVE DECISION ON APPLICANT/ OWNER NAOMI CARLSON, PLANNING CASE 2012-13. Aller: We're going to have the planning staff will make it's presentation ma'am. Naomi Carlson: Oh, okay. Aller: Then you will make your presentation. Have your opportunity. Then we'll have a public hearing. Naomi Carlson: Thank you. Aller: You bet. Generous: Thank you Chairman Aller and commissioners. As you stated this is an appeal of administrative decision. Couple things. Administrative decision, staff sent a letter to Ms. Carlson on July 301" stating that the lawn care service that she was proposing at 6411 Bretton Way was not permitted in the zoning district and could not occupy the space. However we did also point out that the administrative procedures that she could follow for that. We followed up with a letter on August 17'", which is attached to the staff report stating that this lawn care service was a non -conforming use. We determined that that was an intensification of the use of the property and it was not permitted in the district and they needed to have the business vacate the property. Subsequent to that Naomi Carlson submitted, made an application to appeal this decision. The Planning Commission sits as the Board of Adjustments and they can make that determination. Earlier tonight I handed out a petition signed by 21 property owners within the neighborhood. I put it out for all the planning commissioners, stating that they concur with staff's decision and want you to affirm that we, it is an intensification of the use and should not go there. They further pointed out that there's some code compliance issues that are in existence on the property. While 23 Chanhassen Planning Commission — September 18, 2012 that's not part of this discussion tonight I did want to advise the Planning Commission and the neighbors that we are proceeding through our property maintenance ordinance and our nuisance ordinance to work on cleaning up the site with the property owner so that's really not part of the discussion tonight and so all their petition and information. The second item I gave to you was a letter from the Story's regarding their experiences with the property and again supporting staffs decision that this is an intensification of the use and should not go there and again they request that they be, that the code enforcement issues be brought forward and as I stated we've done that already. Attached to their letter are numerous pictures of the property. Aerial views of that and then pictures of some of the parking of vehicles on the site. Parking of trailers on the site and then some of the nuisance and building code issues that they have with the property. Again we're limiting our discussion tonight to just the intensification of the use and decision that we've made. The property is located at 6411 Bretton Way. It's surrounded on the south and, which is this long building located at the cul-de-sac bubble and Bretton Way goes here. Teton is to the west of this property. This building right here is a single family home also owned by the applicant but it's not part of the nonconforming use. It is a single family home and that's what it needs to be maintained as. The city regulations. Any nonconformity, including the lawful use of an occupation of land or premises existing at the time the adoption of an additional control under this chapter, the zoning ordinance, may be continued including through repair, replacement, restoration, maintenance or improvement but not including expansion and in the realm of use of a property it would be through the intensification of the use of that property and staff has determined that the landscaping business meets the definition of a contractor's yard and would be intensification of the use of this building and the property and so we're saying that it's not permitted and it's not a continuation of any of the non -conforming use. The purpose of the non -conforming use ordinance is to, the elimination of nonconforming uses and/or the reduction of their impact on adjacent properties. Again allowing an intensification of the use would have a negative impact on the abutting property owners and so we've directed that the landscape service be removed from the site. However, non -conforming uses may be replaced if approved by City Council from one non- conforming use to another. However that would be a separate item and also the property owner would have to show that the uses would be in the best interest of the community and would be a less intensive use of the property, and I advised Mrs. Carlson that this would be her next step as she goes forward in the process. There's only two points that the city is sure of the uses in there. In 1987 when the surrounding land was being subdivided there was some inspection and there were two woodworking businesses, Precision Finishes which was a painting shop and a motorcycle repair business. In 1995 the City inspected the property and again we found those same uses in place so any changes in uses from what was there would have to be approved by City Council and the landscape service was not approved by City Council and as we stated we believe that's an intensification of the use and should not be permitted. And the reason that it's an intensification because it wasn't in existence at the time that these uses became non- conforming. The best we can find is in 1986 that area was rezoned to single family residential with a change to the zoning ordinance. Prior to that it had been zoned RIA. This landscape business does have additional impacts on the surrounding properties. They are parking vehicles outside and they're parking on the lawn and that's something that hasn't been done in the past. The vehicles are being driven away in the morning and returned every evening. This is becoming a daily event, even though in her correspondence she says this is only for the summer period but this business is also, lawn care service has also become snow removal services in the winter so who's to say that they can't come in there and use their facilities if they're thereto either repair their equipment or just store it. And previously all the businesses operated completely within the building so, by expanding outside we meet the definition of the contractor's yard with the parking of the trailers and the equipment. For that reason we think that's an interpretation of the, intensification of the use and should not be permitted. The property owner, Ms. Carlson is, has appealed our decision and her contention is that it is a continuation of the other uses of the property and the machining manufacturing or contracting business of one nature or another that have occurred over time. However the nonconforming ordinance states that it's actually the uses that were there. Changes of uses must be approved by City Council. And here's some pictures again. They were in the applicant's submitted disc for us but these are the two that showed the outside storage of 24 Chanhassen Planning Commission — September 18, 2012 equipment. On the back side of that building. And finally we're recommending that the Planning Commission, as a Board of Appeals and Adjustment affirm our determination that this is an intensification of the use, non -conforming use of the property and that they order the business to vacate the premises. With that I'd be happy to answer any questions. Aller: Is the business still there? Generous: Yes. Aller: And when you were there did you see the vehicles stored outside? Generous: I did not when I did my inspection. Aller: Did you have the opportunity to talk to any of the other residents around there that maybe saw you at the property or have called in? Generous: When I visited the property I had Mrs. Carlson and the contractor met with me and I told them about the process and that we really need to have them vacate it though. Aller: Okay. Any further questions? Comments? Questions? Okay. The applicant. If you could state your name. Naomi Carlson: Hi, I'm Naomi Carlson. Aller: Thank you Mrs. Carlson. And your address please. Naomi Carlson: My home address? Aller: Ah yes. Naomi Carlson: 5955 Cathcart Drive, Shorewood, Minnesota, 55331. Aller: Thank you ma'am. Naomi Carlson: Shall I start or do you ask me questions? Aller: No, you can go ahead and tell us why you think the decision is wrong because you're appealing their decision so if you could let us know what things that you would contest about the things that they determined. Naomi Carlson: Okay. First of all I want to tell you that I know, I recognize that the building needs some fixing up and I am only now recovering from a serious illness which left me unable to go to my job and so I haven't had the funds to do the fix up but now I can do it. Aller: Mrs. Carlson. Naomi Carlson: Beg your pardon. Aller: We don't have to hear about the actual physical project. You know whether or not it needs to be fixed up or not. What we'd like to hear about is the types of businesses that you have there and why they 25 Chanhassen Planning Commission — September 18, 2012 aren't an intensification or more of a burden on the community than the other businesses that you had in before. Naomi Carlson: Okay. First of all I feel like the City of Chanhassen is, or the Planning Commission, whoever, city administration, is using the broadest legal term of contractor's yard and Greenscapes is not, they're not a contractor. They are small service. They do lawn care. They'll do minor things for people if they want it but that's no their main business. They come in the morning. Carpool in. The boys do, only in the summertime. The help. The employees and then they leave in the morning. Come back at night or late afternoon. Get in their cars and go home. The 3 partners drive their trucks home and I don't want to get into this thing from Mr. Story. This is going to be forwarded to my attorney tomorrow. There is just so much, so full of untruth's but now I forgot what I was going to say. Aller: Well let's talk about the business that was in there before Naomi Carlson: Okay. There have been, I have owned it for 30 years and when all the spaces are rented there are more cars with trucks for the businesses there than Greenscapes adds to. There are fewer cars and trucks there, with that business than there were if all the spaces were rented. And which they have been and even Ramsey Woodworking had his truck and 3 to 4 people working there at a time and I, 1 can't understand why they would have to be the same use. It's very unlikely that when a space becomes vacant that I'll be able to get another person with that same business to move in there but they're not intensifying the use of the property. Let's see. Aller: During the, it looks like almost 10 years that you had the woodworking in there and other individuals. Naomi Carlson: They were there almost, they were there over 20 years. Aller: Did you receive complaints from your neighbors at all or anything like that? Naomi Carlson: No. No. No. Aller: And so nobody complained about the fact that there were storage of vehicles out? Naomi Carlson: No, no. No. There's a good reason for the complaints that have started now and it has to do with this and I would ask you to take it with a grain of salt. This one from Gerry Story. This is not my first, although I would just like to say if you'll allow me to, that I harass them and countless belligerent phone calls, I have no idea. Aller: Ma'am, ma'am, I don't even have to, I don't even have to hear that. Naomi Carlson: Okay, okay. That's good. Aller: We're here about the businesses. Naomi Carlson: If you're not going to. Aller: Not personalities. Naomi Carlson: Read this and have it affect your decision then I'll skip it, okay? Aller: Okay. 26 Chanhassen Planning Commission — September 18, 2012 Naomi Carlson: Okay. Most of the businesses have been rented, that have rented from me for 30 years, they've all had trucks that they would usually leave there at night you know because they are contractors in one way or another in that they don't do business for free. They'll sign a contract for somebody like the woodworking to install cabinets in their homes or as the, one of the newest tenants downstairs, he's restoration contractor but he doesn't have a yard there and he also is an artist and he will contract for somebody to paint somebody a picture. None of them do it for free so they're all contractors in one way or another. I know that the City rezoned the property but I'm still on the tax roll as both of the properties commercial industrial and I know that the City would like to have it single family residence but I can't afford to develop it. I do have like a 3 to 5 year plan because I don't want to be a landlord the rest of my life now and I had bought this for my retirement which could include selling it and which we tried to do when I was in the hospital. I said to my daughter and her husband, please go and try to get the property sold for me you know and, but the commercial realtors didn't want to touch it. They said we have properties of our own that we can't sell. This was about 2 1/2 years ago. Aller: Mrs. Carlson, we're not looking at the plan. We're looking at what the use of the property. Naomi Carlson: Okay, you want me to focus, okay. Okay. Aller: How it's being used and how it's impacting people. Naomi Carlson: Okay. I think it's impacting people mostly because there's no screening. Now can I talk about that? Is that? Aller. Well is the use, is the use more or greater than intensified for the Naomi Carlson: No. No. Aller: Or that causes the need for the screening? Naomi Carlson: Well I would like to have it screened. I think it would, these 21, I'd liked to have been there whenever they were going around getting this petition signed. None of these people, if I could screen it the way that I want to and with Greenscapes help providing the labor with their strong, husky employees, we could get our trees planted and I chose to do that instead of, I didn't think I could go through this myself and I wanted to get an attorney but instead I decided I would spend that same money on getting some screening. Some trees, arborvitae or something. I don't think any of these people would have signed it if they could have driven by there because most of the people that I have ever talked to, they say oh we like the building. It keeps the place, keeps this area rural so I had no idea what these people were told. I mean yeah, the one guy across the street, Greg Bazany and his wife, Bazany. I understand their, why they would sign it and 1 did talk to him and they have to look right at their driveway is right at the entrance to, the entrance to the building. And with planning, whoever I have to talk to with their permission I would like to change that just a little bit so that the, I could plant trees where his driveway is and then it would just mean the cars going out, a few feet up. Aller: Mrs. Carlson, it's not about screening. It's about the use and what kind of uses of the property. Naomi Carlson: Well I thought you were talking about impacting the neighbors. Aller: Well yeah but, and I understand that their screening but now we're getting a little bit into landscaping and other things. How long did you spend on the property? 1 know that you're address is different than the rental address. 27 Chanhassen Planning Commission — September 18, 2012 Naomi Carlson: Well I go over there on a regular basis contrary to somebody else's Aller: And what do you see on the property as far as you personally? Naomi Carlson: I see, I see that I need to spend some money on it and I always have felt bad because I couldn't plant the trees. I haven't been, or get the some of the glass replaced but that is first on my list. Aller: And again we're not talking about repair. We're talking about the, do you see. Naomi Carlson: Do you see? Aller: Do you see trucks out there parked when you go? Naomi Carlson: Well sometimes because. Aller: Of the businesses there operating. Naomi Carlson: They don't operate at that business, or Greenscapes which is the business in question. I have been out there several times while they were moving in and I go out there on a regular basis and 1, when I do go, I mean I know that it needs some fixing but the trucks they're on the back side of the building and Mr. Story's house, never mind. Anyway, it's not an intensification. They come and go in the mornings. They come in the morning. Get their equipment. Put it on the trailer. Drive out and then the only other main truck that's there, we have, we've talked about it and we've relocated where they leave it so that you can't even see it and they want to be good neighbors and they don't want to offend any of the other residents. Aller: And so this is from your discussions with the owner of Greenscapes? Naomi Carlson: Yes, and one of them was hoping to be here tonight but I got a call at the last minute that he couldn't make it so I called the other, one of the other partners who lives closer and he had daddy duty tonight so he couldn't be here but I wanted them to be able to tell you in their own words that this is not an intensification. Aller. Is everything that you really want to say in the letter that you sent? Naomi Carlson: Well I think so, yeah. Yeah, before I got, before I was feeling okay until Mr. Generous handed me this thing. Aller: Well I don't want you to be nervous and I do want to hear everything you have to say but it sounds like everything that you wanted to say is in the letter in our packet. Naomi Carlson: It is. It is, yes. Aller. Is there anything different or anything in addition that you wanted to say that is not in the letter? Naomi Carlson: Well in, well yes. Greenscapes or whoever, whoever is renting in the back, and whoever rents that property period, including me as the owner has the right to use that easement, that 14 foot easement up on the hill of my property at any time that they choose irregardless of whether it's an easement to Mr. Story's residence or whether it isn't. They have a right to use it and so, and I have a right 28 Chanhassen Planning Commission — September 18, 2012 to use it which I do because it just makes turning around easier for me and the easement is on my property and on my tax rolls and but that's part of the I think their problem. Aller: And I think that was in your letter as well. Naomi Carlson: Yeah. Oh 1 don't think the easement thing was. In my letter. It was probably in this other one. Aller: Okay, perfect. Anything else? Naomi Carlson: Well I don't think so. Aller: Okay, thank you very much. Undestad: I've got one question real quick. I'm sorry, yes. Just one quick question. Is Greenscapes the only tenant you have in the building now? Naomi Carlson: No. There are 1, 2, 3, 4 others. Undestad: And what do they do? Naomi Carlson: They have all of the, I just had a tenant move, he had a very small place and one of the cars in the pictures was his but Greenscapes will take over that space too so they will have most of the upper. Upper flooring. The upper loft forward after Lake Country Builders. Beyond that. They would have all that except the very end one. Undestad: Four other. Naomi Carlson: There are 1, let's see, 1, 2, 3, 4. Actually 5. Undestad: Five plus Greenscapes. Naomi Carlson: There's always been that, yeah. Undestad: And those other 5 businesses are what? What do they do? Naomi Carlson: Well that should have been in your packet but I will tell you. K2 Electric is a Chanhassen residence and, resident and he operates his electrical service from him home but he uses that for storage so they come and go in the morning and evening too. Next to him is Bim Restoration. No yard and he uses that mostly for his artwork. He too conducts his restoration business from his home and he doesn't have much there in the way of his contracting business. It's mostly his art. Art place. And then there's Lake Country Builders. It's warehouse type for them too. They're in the front. Their offices are in Excelsior and that's warehouse for them. They come in the morning and come back at night. You know get what they need and leave. And then there's, besides Greenscapes way in the back there's Andrew Clark. Very nice young man who wants to get a woodworking business going that's part time for him. He has a full time job so, and Custom Charters. He rents space for, to store some of his stuff from Custom Charters. So that's, and I've had it for 30 years and like I say, in the next 3 to 5 years I have plans for personal change and the problem is, as far as developing goes it's, the neighbors to the north pretty much all the way to Lilac Lane, they don't, they don't want to give up any of their property for single family homes. They bought there because that's what they wanted and I'm sorry that Mr. Story 29 Chanhassen Planning Commission — September 18, 2012 can't develop his property the way he wants but I'm not really the reason that he can't so. Any other questions? Undestad: No, thank you. Aller: Okay. With that we'll open the public hearing portion of the meeting with regard to the Bretton Way request for an appeal of an administrative decision. Those individuals wishing please step forward and state your name and address for the record. Karon Story: Good evening ladies and gentlemen of the Planning Commission, Robert and Kate. We are Karon and Gerald Story. We live at 6281 Teton Lane. We are the owners of the adjacent property next to 6411 Bretton Way. This shows the back of the building and I will call these doors 1, 2, 3. We have owned our property for the last 21 1/2 years. During the last 21 years, if we had a dollar for every time we heard the phrase grandfathered in we could rival Bill Gates. Recently when Greenscapes landscaping company moved into one room in the back of the building they moved into room 3. They brought with them 4 trucks, 2 commercial trailers, and numerous other vehicles including chemical trucks. This is the chemical truck they bought and parked right by it. Gas apparatus. They're storing gas in that room. Different mowers. Different repairing things for their lawn mowing service. Chainsaws, wheel barrows which indicated to us that it was much more than just mowing lawns. It's doing landscaping. They took down their website. They had a website up that said Greenscapes Landscaping Service and we went in there and now it's under construction. I don't have that with me right now but they've changed it to lawn service we assume for the portion of this meeting and they also. Sarah Harvey: Here's the main picture on their website shows a landscape design. It's really hard to see it but that's the main picture on their website and that's clearly a landscaping sign that they've done that... Karon Story: They took it down. Aller: Just for the record ma'am, could you state your name and address. Sarah Harvey: Oh sorry, Sarah Harvey. Aller: And same address? Sarah Harvey: Same address, yes. Karon Story: Sol want to get back to this. I just want to spend a few minutes telling you about this building. The building has been 901/6 vacant for the last 20 years until the summer of 2011 when a man named Andrew, and I didn't know his last name. She just said his last name. Started coming to the back upper part of the building that faces our home to Room 1. He started to remodel this room. When we first asked him what he was doing there he told us he was going to live there. We told him, it's not a livable building. It has no bathroom. Cooking facility. All the building electrical and plumbing codes are under code. It's a hazard. We called the building and the electrical department and they told him he would have to apply for a permit. At this point he changed his story and said he was going to have a woodworking shop, which still was accelerated use of the building. He made an 8 by 10 room inside this room. It's right behind the door. It's a room inside a room. He put a table saw and a pile of wood in this outside room to stage it. And he put this room he put a computer in the room. In the year that he's been there he has not sawed one piece of wood or touched the wood pile. He comes in for hours on end overnight to this 8 by 10 room and goes on the computer. We have no idea what he's doing but we just wanted to tell you what the tenants that she has in there. Room 2. A young man came and rented the 30 Chanhassen Planning Commission — September 18, 2012 room next to Andrew. We didn't know his name. He said he was going to make pottery. He brought in a kiln. However he chose to make pottery at 3:00 a.m. in the morning. He would leave at 4:00 a.m. Come back and do it again. Whatever he was doing, we don't know but he woke us up constantly. When the Greenscapes Landscaping Company moved in all their vehicles and equipment and blocked the road, which they have several vehicles. I mean they came in with all these vehicles. You have some of the pictures. Even the pottery guy left because he couldn't take all that traffic so he moved out. When the landscaping company came and took over the property and I went outside and I told them they couldn't park all those vehicles all over. It was a hazard. The one man made an obscene gesture at me and shouted, we're grandfathered in and we can do whatever we want. The truth is Naomi Carlson is an absentee land lady that doesn't care about the surrounding homes in the neighborhood. She has totally neglected all the up keep in the building, disobeying city ordinances. Aller: Ma'am. Ms. Story. I'm going to say the same thing I did to her. Karon Story: Okay. I just wanted to. Aller: Let's stick to the discussion of the uses themselves and what you've seen and I would like to know did you take the pictures? Karon Story: Yes. All of them from my home. Aller: And can you tell us the dates, about the time those pictures were taken. Karon Story: Okay. This was taken. Gerald Story: This one was taken before we came here. Karon Story: Yeah, this is what they've got parked today. They did take, although that's painted on. They did take their signs off their trucks to not make us think that weren't all. Gerald Story: The magnetic signs. Karon Story: Yeah, that they weren't all landscaping but. All the rest were taken in the last couple weeks. Yeah, okay. I just wanted to say one thing about today. I do have to show this picture. We took this this morning at 7:30. They've been getting their vehicles closer to the building to be less obtrusive I guess but here this truck was parked this morning right by the gas meter. If somebody got in there carelessly and didn't watch, look how close he is to that gas meter and what he could have done. That's a hazard. There was a gas leak from this very gas apparatus and at our house about 2 years ago. We called the gas company and we paid to update the pipe to be put into our adjoining properties because the gas line runs right down our road easement into Mrs. Carlson's property and into our property and I believe into Robert Rabe's property up on the hill so, you can put that picture back on the property so I can explain. We do want to make one more statement about the absentee landlord and that she doesn't realize what's going on. She's made very few visits to the property. She doesn't know what we're going through and the neighbors. Just to give you an example of this, there was water out in the street from December, where was it? December, 2010 to March, 2011. We noticed water running on the street when there wasn't any snow runoff. We spoke to the adjacent neighbor on the east side, which is. Aller: Mrs. Story, did it have something to do with the use on the building? 31 Chanhassen Planning Commission — September 18, 2012 Karon Story: Well I'm just saying she wasn't there for 3 months to see the water running out and when we called her she took a week to come out so she's saying she comes to the building, she doesn't. She doesn't live there. She doesn't come there. Aller: Okay. If I could just redirect you to the types of equipment that you see. Karon Story: Okay. Wrap it up. Aller: Well I don't necessarily need you to wrap up. I want you to be heard but what I need you to address is the intensification of the use of the property. Karon Story: Okay, go ahead. Our daughter will tell you. Sarah Harvey: I am Sarah Harvey. I'd just like to say that the reason that we believe that this is an intensification of the use of the property is because my parents have owned this property for over 21 years and there has never been this type of activity and parking of vehicles and a contractor yard used outside of the building. There have been people that have rented. They've driven up the driveway very rarely in the back of the building, mostly in the front of the building but we had taken several aerial shots, you know over the years we've looked at the aerial views. You'll notice there's very few cars in the front of the building. Most of the time that my parents have owned this property I have lived out there. There's been very few spaces rented. I can't recall a time that I've known of that the building has been full so we believe this is an intensification of the use of the property. The other impacts that this has to the neighbors is there are children, as you can see. If you zoom down on this picture this is a completely residential neighborhood. There's a cul-de-sac there where there's quite frequently children playing in the cul-de-sac in the street and the other impact that this has on the neighborhood is there are trucks. Additional trucks with trailers coming and going out of the neighborhood where there are children playing so that would have an impact on the neighborhood. Karon Story: Waiting for the bus. Sarah Harvey: And waiting for the bus, exactly. Especially at the time of day where they would be coming and going. Karon Story: This would show the empty building too. This is 2010. This is the cul-de-sac. You notice there is just one vehicle down here and a storage thing for the electrical. This is all empty. This has always been empty for 20 years. Sarah Harvey: So I believe what Karon was trying to say with the story about the water is that you had asked Naomi a question. Ms. Carlson a question if she is at the property and there have been times when there has been something that's gone wrong with the property and gone on for a long period of time and she has not come out to the property so she, as far as my parents know from you know looking out their window, does not come out to the property very frequently. Aller: Thank you. Sarah Harvey: Thank you. Gerry Story: Yeah, I'm Gerry Story. In the last 6 years I've been working on our property. Our house is right to the north ofNaomi's building. Right there. Over to the west is a house on her property. Yeah, right there. That's a house. She rents that out to a young man. I have never talked to him. There's also some garage under that house and she also rents that to the landscape company and they store their 32 Chanhassen Planning Commission — September 18, 2012 mowers in there and they repair their mowers on there and according to the documentation they cannot extend the commercial building into the house building and they've also done that too and 1 don't know if you guys were aware of that or not but that's also done but the last 6 years I've been working, adding onto our house. We moved in last year but I've been there every day. Every day for 6 years. Maybe I miss a few Sundays here and there but I've been there every day. No one has rented the back of the building for those 6 years until last year when Andrew came and started to remodel it. No one's been in that building basically for 21 years, no one's rented that building. Her daughter did live there for a couple months for a while and she wasn't running a business. She actually lived there and that's against the use also from what I understand. The landscape business is intensification. If no one's ever been there, if anyone comes it's an intensification because basically no one's really ever been to that building so I'm in total agreement with the City to deny her the use and make the landscape company leave. Yeah. Appreciate your time. Thank you very much. Aller: Thank you. Anybody else wants to come forward for or against. Chris May: Hi, I'm Chris May. I own the property at 6400 Teton Avenue. It's the lower left hand corner on the comer of Bretton and Teton. I've owned the property for about 3 years now and when I moved in there I originally thought maybe the property was vacant, maybe waiting for the market to rebound for a potential sale. Occasionally you'd see a couple pick up trucks like you've seen where it kind of zooms in the lower hand comer there but my concern is that we not allow her to have that business in there. Basically over the summer what you start to see now is just more and more trailers and trucks. They do come in the morning and leave at night but what happens is, right in the corner of Bretton and Teton there's also a bus stop with close to 10 to 15 kids all the way up and down the street. Everything, it's kind of a unique area too where it's just, it's all residential homes, the whole area and we have just a small little commercial area here and my concern is with all the children at the comer of the bus stops and with the works showing up at the same time, they have kind of a like a coffee and cigarette pow wow and they're no more than 50 yards away from the corner in the morning so the kids are you know seeing this. This action. There's a lot of activity in the mornings with the trucks and the people showing up, and my fear too is if we do allow this or this landscape company come in, what's to stop her from allowing other landscape companies, and it's just going to become more and more active. I mean there are kids are riding their bikes back and forth and trailers and trucks. Do we get into Bobcats and large equipment at some point too so I just, I feel more for the future I don't want to have it turn into something that it's not designed for. I mean the way that, you know the woodworkers use it right now and stuff too, it's all confined within the building and it's almost, I feel bad for the storage because it's almost like they're hiding all the equipment behind the building, not to make it so visible to the whole neighborhood and stay under. the radar. So it's just my opinion that we deny her request to allow the landscape company to stay and try to keep the resale value of the neighborhood in a positive direction and that's all I have to say. Aller: Okay, thank you. Anyone else wish to come forward. State your name and address for the record John Kunitz: John Kunitz. I live at 6441 Bretton Way. Aller: Welcome Mr. Kunitz. John Kunitz: Just one house down in the circle there but anyway, next to those. On the other side. Go down. No, that side of the, right there. Right about there. Okay. 1 actually would have to say that because they keep the trucks and trailers, etc in the back we don't see them that much from whereas the Story's would, we don't but my concern and the reason I signed the petition was that if there was an intensification of use of that land it's the same as the gentleman that previously spoke. That that cul-de- sac there is kind of a gathering place for the children. There's usually a basketball hoop up there and all kinds of things going on of that nature and if there were more trucks, trailers etc then there are now 33 Chanhassen Planning Commission — September 18, 2012 coming through there because of the number of children that live on the block, and I have to admit that mine have now gone off to college but many people have just moved into this area with small children. The people that live across the street from us there have 3 small children and that's a concern I guess. The fact that if there was an intensification. I'm not overly concerned with where it is now but they, I do see them gather because I leave in the morning about 7:30 and I do see them gathering in the front parking lot with the radio on and stuff and the guys getting together and it's, if there gets to be more of that and with the children in the neighborhood, that's my concern. Aller: Thank you very much. Any additional comments? Yes sir. Please state your name and address for the record. Daniel Feller: I'm Daniel Feller. I live at 6430 Bretton Way so it's right across the street from the barn and I pretty much can reiterate what the other two gentlemen before me said. I have the 3 children who play in the cul-de-sac. 1 walk them up to the bus stop every morning and I can tell you these guys show up. They fly around the corner where there's 10 kids every morning at the bus stop and then they stand in front of their building, drinking coffee, smoking and swearing and then at 8:00 when we usually bring our 2 younger kids who aren't in school, we let them play in the front yard, especially in the summer before it got too hot and then they have all this lawn equipment out there as they're revving it up. Getting it on the trucks. It's just constant noise so we can't even enjoy our front yard anymore. In addition to that if you know any time you drive by there, there is always the electric truck. There is always a storage truck and there's always the custom home truck sitting there that never leaves. They're there right now. They don't leave at night. They don't leave in the day. I'm not really sure what they do there. They've been there for years so that's just kind of like the whole, the whole situation with this property. I moved in in '99 with my wife and I do remember the previous person who was working there was the old, he restored old motorcycles and everything was inside the building and you, I mean you couldn't tell. I mean it was you know a really nice situation but everything now starts coming out of the building. Even stuff being stored outside the building so it just seems like it's become worst as the years go by. That's all. Aller: Thank you sir. Anyone else? Seeing no one come forward, I'll close the public hearing. Discussion. Undestad: I think the answers came out who your tenants are right now. You know the five tenants. It sounds like they're all satellite warehouse people just storing stuff there. They might pop in. They might not pop in but definitely not the activity that's caused by multiple employees. Multiple trucks. Traffic. Motors. I mean it's just, yeah 1 see this as definitely intensifying the use and compared to you know a 1 or 2 man carpenter shop or any of the 5 businesses that are in there besides Greenscapes right now. Colopoulos: Yeah I think staff's report says it all in this paragraph on page 5. The previous commercial uses were confined to the building. Did not include the storage of landscaping equipment and supplies. Did not have commercial vehicles being parked on the lawn or trailers stored outside overnight. Did not have vehicles being driven away in the morning and returning in the evening and were businesses that operated within the building. I think that, and staff properly has determined that Greenscapes Landscape is classified as a contractor's yard and is an intensification of the non -conforming use of the property. I've seen nothing here presented tonight that would lead me to reach any other conclusion. Hokkanen: I agree. Aller: I'm also hearing the items that are stored and serviced there would definitely meet the contractor's yard definition and so that business I think would fall into that arena. Colopoulos: The safety issues raised also are concerning as well 34 Chanhassen Planning Commission — September 18, 2012 Aller: And the absence of complaints in the years prior and then the intensification of bringing on the present complaints and concerns of the neighborhood so. Nelson: 1 would agree. Aller: I would think that the facts that were brought forward substantially and sufficiently meet the burden. So if I have a motion? Hokkanen: I'll propose a motion. The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, affirms staffs determination that the landscape business, Greenscapes Lawncare is an intensification of a non -conforming use of the property and must vacate the property. Nelson: I will second that. Aller: Having a motion and a second. Any discussion? Hokkanen moved, Nelson seconded that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, affirms staffs determination that the landscape business, Greenscapes Lawncare is an intensification of a non -conforming use of the property at 6411 Bretton Way and must vacate the property. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aanenson: Point of clarification again Chairman. This can be appealed to the City Council. Aller: Yes it can so. Generous: Written. Aanenson: It needs a written appeal. Aller: It may be appealed, a written appeal and it will be heard by the City Council. Aanenson: Correct. APPROVAL OF M ES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated September 4, 2012 as presented. None. CITY COUNCH, ACTION UPDATE. Aanenson: Thank you Mr. Chair. At the September I O'h City Council meeting they did approve our last group of PUD's but for Sunny Slope. Someone from that neighborhood wanted some additional information so that's the one we have out there hanging yet. We did do a comp plan amendment and a functional re-classification. We're out for jurisdictional review. We've got some approvals back on that. The metes and bounds was tabled. That should be going at next Monday's City Council meeting and the City Council also approved the Canine Club so, that should be on it's way so get some commercial expansion. And then can we just talk about future business then? Aller: Future business. 35 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: 952.22T1 170 Finance Phone: 952.227.1140 Fax: 952.22T1 110 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 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: September 18, 2012 SUBJ: Appeal Administrative Decision PROPOSED MOTION: "The Chanhassen Planning Commission as the Board of Appeals and Adjustments affirms staff's determination that the landscape business, Greenscapes Lawncare, is an intensification of the non -conforming use of the property and must vacate the property." SUMMARY The purpose of this hearing is to review an appeal of staffs decision that Greenscapes Lawncare's occupation of the building located at 6411 Bretton Way (Tract C, RLS 105) is an intensification of a non -conforming use of the property zoned Single Family Residential (RSF) and is not permitted on the property. The applicantlowner of the property, Naomi Carlson, contends that they are a continuation of the other uses of the property in the "machining, manufacturing, or contracting business" of one nature or another, and are not an intensification of the use. Any uses other than those in place in 1987 and 1995 have no nonconforming status. r as I � LOCATION ' 1 � Q 3Y r -Ilk Chanhassen is a Co mmun ity for Life - Providing for Today and Planning for Tomorrow SCANNED a Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 2 of 5 August 17, 2012 — Naomi Carlson was notified that the Greenscape Lawncare is considered a contractor's yard and an illegal intensification of the use of the building at 6411 Bretton Court. Contractor's yards are not allowed within the Single Family Residential (RSF) District. August 2009 — Naomi Carlson asks the city about replacing uses with a pediatric physical therapy clinic. She was advised that she needs to verify that the non -conforming uses have been there over the last 12 months. She would need to submit a request to City Council to approve a replacement of a non -conforming use with another non -conforming use. September 2001 — Naomi Carlson contacts the city about the potential conversion of a portion of the building to a single-family home. She was advised that she would be able to convert a portion of the existing building to a single-family residence. The resulting residence would need to comply with all requirements of the zoning code for single-family homes and building code requirements. The conversion of a portion of the building would lessen the nonconformity of the use. 1995 — Steve Kirchner, former building official, inspected structure: contained Ramsey Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level). 1987 — Building contains two woodworking businesses, Precision Finishes and motorcycle repair business. 1986 — Property zoned Single Family Residential (RSF). APPLICABLE REGULATIONS Contractor's yard means any area or use of land where vehicles, equipment, and/or construction materials and supplies commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. (Section 1-2). Section 20-72. Nonconforming uses and structures. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: (1) The nonconformity or occupancy is discontinued for a period of more than one year; or Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 3 of 5 (2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. This section does not prohibit the city from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. (c) Notwithstanding subsection (a), the city shall regulate the repair, replacement, maintenance, improvement or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Chapter 20, Article XII, "RSF" Single -Family Residential District ISSUE While the property owner has the ability to continue the non -conforming use of the property based on its historic use by manufacturing operations, the property owner does not have a carte blanch ability to permit any commercial or industrial user in the building nor the right to expand commercial operations to the adjacent residential home, also owned by Mrs. Carlson. Mrs. Carlson states that "the building's occupants have all been in the machining, manufacturing, or contracting business of one nature or another ". However, staff's two inspections of the building in 1987 and 1995 did not turn up any contracting business. In 1987, there were two woodworking businesses, Precision Finishes and motorcycle repair business. In 1995, there were Ramsey Woodworking, Precision Finishing a small part painting business and Roger Mclearen, who Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 4 of 5 rebuilt motorcycles. The use of the building is constrained by the uses that were in place when the property was zoned for single-family residential uses. These uses have been manufacturing in nature. A change in use of the building from what has been there to a new nonconforming use must be approved by City Council. Contracting yards have never been a permitted use of the building or site and is only permitted as a conditional use in the Industrial Office Park zoning district. The existing conditions of the property: 1. The property is zoned Single Family Residential (RSF) District. 2. The property is guided for Residential — Low Density uses. 3. A 15 -foot by 150 -foot building currently exists on the property. 4. The existing building is used for commercial/industrial type uses. 5. The current use of the building is nonconforming in that commercial/industrial uses are not permitted in the RSF district. 6. The uses of the building have been manufacturing in nature and do not include businesses that require outside storage. Many of the uses have been artisan or skilled craftsman, e.g., woodworking and cabinet making. 7. Nonconforming uses may not be intensified. Staff has determined that the use by Greenscapes Lawncare, which would be classified as a contractor's yard, is an intensification of a non -conforming use and is not permitted on the property. Mrs. Carlson maintains that Greenscapes Lawncare is not an intensification of the use of this grandfathered -in property for the following reasons: 1. They are a small company servicing private customers with lawn care and maintenance, and perform only minor landscaping when their customers request it. The only equipment on the property is used for maintaining lawns/grounds. There are no bulldozers, bobcats, pallets of goods, or any other items normally found in a contractor's yard. 3. They, too, come in the morning (never before a.m.), get their equipment, do their lawn care, and return the equipment in the late afternoon. 4. They operate Monday through Friday. No weekends. 5. Their spring -through -fall employees carpool to work, so there are actually fewer cars during the day than when I rented their space to other tenants. Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 5 of 5 6. Greenscapes will be a 6 -month operation at 6411 Bretton Way, with no activity there from Fall cleanup to Spring. The three partners snowplow directly from their homes. DISCUSSION The purpose of the non -conforming section of the City Code is: (1) To recognize the existence of uses, lots and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification or extension of any nonconforming use, building or structure; and (3) To encourage the elimination of nonconforming uses, lots and structures or reduce their impact on adjacent properties. The addition of the landscape service to the building has created additional impacts on the surrounding properties. The contractor's trucks have been parking on the lawn and trailers are being parked outside the building. This is an increase in the activities that have historically been conducted in the building. The previous commercial uses were confined to the building, did not include the storage of landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn or trailers stored outside overnight, did not have vehicles being driven away in the morning and returning in the evening, and were businesses that operated within the building. For the reasons stated above, staff has determined that Greenscapes Landscape is classified as a contractor's yard and is an intensification of the nonconforming use of the property. Staff requests that the Planning Commission as the Board of Appeals and Adjustments affirms staff s decision that the landscape business is an intensification of the non -conforming use of the property and must be removed from the property. ATTACEMENTS 1. Development Review Application. 2. Memorandum from Naomi Carlson to Planning Department dated September 7, 2012. 3. Letter from Robert Generous to Naomi Carlson dated August 17, 2012. 4. Letter from Robert Generous to Naomi Carlson dated July 30, 2012. 5. Affidavit of mailing of public hearing notice to Naomi Carlson dated September 6, 2012. &: plan\2012 planning cases\2012-13 6411 bream way zoning appeal- lwn\pc appeal m .dm 11KIN I it Name Email: CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Fax: ., r(tZY) Planning Case No. o?ola - f CITY OF CHANHASSEN RECEIVED AUG 2 7 2012 CHANHASSEN PLANNING OEM Email: rax: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) :terim Use Permit (IUP) `b°"" on -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - $200 (City to install and remove) -atm Escrow for Filing Fees/Attomey Cost- - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ Ma Dfl An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copvcopy in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTALACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONIN YES NO PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either 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. 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. The documents and information I have submitted are true and correct to the best of my knowledge. Signature plicant Date Ignature Fee Owner Date SCANNED gAplanVo \developwnt review appli"tim.doc September 7, 2012 To: Planning Department, City of Chanhassen From: Naomi Carlson Re: Planning Case No. 2012-12 6411 Bretton Way I bought this property in late 1982, having marred a Minnesota native and moved here from California. The property was purchased for my retirement income after selling my CA business. My teacher's retirement fund had been cashed in for developing the CA business, and I knew that SS income would be minimal. Whether the income from this property would be rental, development, or sale, I did not know, only that it would provide for my retirement. It was known as Precision Manufacturing Corporation, which once owned all the property known as Twin Hills. It was a large operation, with many employees to whom meals were served in the separate kitchen, still operable in 1982. The business was founded 1934 and thrived until the late seventies, when its founder and owner, Carl McMahan, was elderly and in ill health. Since my purchase, the building's occupants have all been in the machining, manufacturing, or contracting business of one nature or another. Some businesses operate from the premises; others use their spaces for warehousing, coming and going as necessary. On any given weekday, there have nearly always been eight to ten vehicles, some of which come in the morning, get equipment and/or supplies, and come back at late afternoon to exchange vehicles. I firmly maintain that Greenscapes Lawncare is not an intensification of the use of this grandfathered -in property for the following reasons: They are a small company servicing private customers with lawn care and maintenance, and perform only minor landscaping when their customers request it. 2. The only equipment on the property is used maintaining lawns/grounds. There are no bulldozers, bobcats, pallets of goods, or any other items normally found in a contractor's yard. 3. They, too, come in the morning (never before a.m.), get their equipment, do their lawn care, and return the equipment in the late afternoon. 4. They operate Monday through Friday. No weekends. 5. Their spring -through -fall employees carpool to work, so there are actually fewer cars during the day than when I rented their space to other tenants. 6. Greenscapes will be a6 -month operation at 6411 Bretton Way, with no activity there from Fall cleanup to Spring. The three partners snow -plow directly from their homes. The complaint which started this most likely came on the days when Greenscapes was moving in. Knowing that one particular neighbor would complain, I notified Bob Generous myself that there would be more activity than usual for a couple of days during the move -in. This same neighbor has been harassing some of my tenants for months now for no reason other than to "get back" at me for refusing to sell them my property at a give-away price and/or because I would not allow them access across my property to develop theirs. I am asking the City of Chanhassen should stop honoring these complaints and instead uphold my rights as one of its citizens to continue use of my property as I have for 30 years, Since the day I called Bob, I have been bombarded with letters from Chanhassen making demands on me regarding the property. I am well aware that the property could use a little sprucing up, and I have plans for doing so; however, if Chanhasssen continues to insist that Greenscapes intensifies use of the property, my plans may have to take a back seat to my lawyer fees. Enclosed is an aerial photo of the property showing, albeit crudely, some of the landscaping I have had in mind for some time now (with more to follow), and which could be done rather soon with the help the able-bodied Greenscapes guys have offered. I also have beautiful iron fences which I would like to install. I know that the City of Chanhassen would like to see my property subdivided into 3-4 residential lots, but I can't promise when that will happen. For now I depend heavily on the rental income. I think it's rather ironic that Chanhassen wants beautiful residential lots, but doesn't want to provide a place for a small business so that it can care for the beautiful lawns of its fair city. Many of the small lawn care operate from their home properties. My property is perfect for Greenscapes; they and I firmly promise to see to it that there is nothing for anyone to complain about. One final comment: My former husband and I agreed to include for a mere pittance Tract C (Teton Lane) in the sale of property to Centex allowing Bretton Way to cross our property. Chanhassen benefited greatly in this transaction, getting all of Curry Farms and the Ithilien development on the tax rolls. I would like the City of Chanhassen to remember this. Whether they choose to or not, I have the right to allow my property to be occupied by Greenscapes. AA •id ��! �YfJ•7.( "r. t4;1 60I Of ; l •'/ /' t' A v 6_ . 2 ax.2271110 I will be out to the site Friday, August 24, 2012 to verify that the business has vacated Recreation Center the property. If you have any questions or need additional information, please contact 2310 Coulter Boulevard me at (952) 227-1131 or bigenerous&i.chanhassen mn us. Phone: 952.227.1400 Fax: 952.227.1404 Sincere] Planning Natural Resources Phone: 952.2271130 August 17, 2012 OF Robert Generous, AICP ��C�AIf11I1l bill1SEN Senior Planner Public Works Mrs. Naomi Carlson 7700 Market Boulevard 5955 Cathcart Drive PO Box 147 Shorewood, MN 55331 Chanhassen, MN 55317 Roger Knutson, City Attorney Senior Center Re: 6411 Bretton Way Administration g:lp1m%gtnaomi Carlson 6411 brMm 8-17-12 landscape busines.&C Phone: 952.227.1100 Dear Mrs. Carlson: Fax: 952.227.1110 Building Inspections The landscaping business at 6411 Bretton Way must vacate the property immediately. Phone: 952.2271160 As stated in my letter to you dated July 30, 2012, the contractor's yard, landscape Fax:952.2271190 business, is an illegal intensification of the use of your building at 6411 Bretton Court. Contractor's yards are not allowed within the Single Family Residential (RSF) Engineering District. Phone: 952.227.1160 Fax 952.227.1170 Contractor's yard means any area or use of land where vehicles, equipment, and/or Finance construction materials and supplies commonly used by building, excavation, roadway Phone: 952.227.1140 construction, landscaping and similar contractors are stored or serviced. A Fax: 952.227.1110 contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Park & Recreation (Section 1-2). Phone: 9522271120 F'95 . 2 ax.2271110 I will be out to the site Friday, August 24, 2012 to verify that the business has vacated Recreation Center the property. If you have any questions or need additional information, please contact 2310 Coulter Boulevard me at (952) 227-1131 or bigenerous&i.chanhassen mn us. Phone: 952.227.1400 Fax: 952.227.1404 Sincere] Planning Natural Resources Phone: 952.2271130 Fax 952.227.1110 Robert Generous, AICP Senior Planner Public Works 7901 Park Place ec: Kate Aanenson, Community Development Director Phone: 952.227.1300 Todd Gerhardt, City Manager Fax: 952.2271310 Roger Knutson, City Attorney Senior Center Phone: 952.227.1125 g:lp1m%gtnaomi Carlson 6411 brMm 8-17-12 landscape busines.&C Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Chanhassen is a Community for Lite - Providing forTodayand Planning for Tomorrow July 30, 2012 CITY OF CMUSSENMrs. Naomi Carlson 7700 Market Boulevard 5955 Cathcart Drive PO Box 147 Shorewood, MN 55331 Chanhassen. MN 55317 Re: 6411 Bretton Way Administration Phone: 952.2271100 Dem- Mrs. Carlson: Fax: 952.2271110 Building Inspections 1 am writing you in response to our conversation today regarding the use of the Phone: 952.2271180 building by Greenscapes, which we classify as a contracting business in the Fax: 952.2271190 Chanhassen City Code. Contractor's yards are not allowed within the Single Family Residential (RSF) District. Engineering Phone: 952.227.1160 Contractor's yard means any area or use of land where vehicles, equipment, and/or Fax: 952.227.1170 construction materials and supplies commonly used by building, excavation, roadway Finance construction, landscaping and similar contractors are stored or serviced. A Phone: 952.227.1140 contractor's yard includes both areas of outdoor storage and areas confined within a Fax: 952.227.1110 completely enclosed buildings used in conjunction with a contractor's business. (Section 1-2). Park & Recreation Phone: 952.2271120 Fax: 95 2 2 2 77110 Such a use is considered an intensification of the use of the ro P PertY- The previous commercial uses were confined to the building, did not include the storage of Recreation Center landscaping equipment and supplies and did not have commercial vehicles being 2310 Coulter Boulevard driven away in the morning and returning in the evening. Phone: 952.227.1400 Fax: 952.2271404 The following are the existing conditions under which the property is being used: Planning & Natural Resources 1. The property is zoned Single Family Residential (RSF) District. Phone: 952.227.1130 Fax: 952227.1110 1 The property is guided for Residential — Low Density uses. Public works 3. A 15 -foot by 150 -foot building currently exists on the property. 7901 Park Place Phone: 9522271300 4. The existing building is used for commercial/industrial type uses. Fax: 952.2271310 5. The current use of the building is nonconforming, governed by Section 20-72 Senior Center of the City Code, in that commercial/industrial uses are not permitted in the Phone: 952.2271125 RSF district. Fax: 952.2271110 Web Site 6. Any nonconformity, including the lawful use or occupation of land or www.ci.chanhassen.mn.us Premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion. Chanhassen is a Community for Lite - Providing forTodayand Planning for Tomorrow Mrs. Naomi Carlson July 30, 2012 Page 2 7. No nonconforming use shall be resumed if normal operation of the use has been discontinued for a period of twelve months or more. 8. If a nonconforming land use is superseded or replaced by a permitted use, the nonconforming status of the premises and any rights, which arise under the provisions of the code, shall terminate. If you do not agree that such a use is an intensification of the use of the property, then you may appeal this decision to the Board of Appeals and Adjustments. The Board has the power to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city administrative officer in the enforcement of this chapter. Should the Board of Appeals and Adjustments agree that the use is not an intensification of the use of the property or if you appeal their decision, then you must proceed to request that City Council approve the use of the property. Notwithstanding the prohibitions contained in the forgoing subsections of the nonconforming use ordinance, if approved by the City Council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Enclosed is a development review application for your use. If you have additional questions or need more information, please contact me at (952) 227-1131. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager giplan\bglna i carlwn 6411 july 2012.dm CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 6, 2012, 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 — Planning Case 2012-13 to Naomi Carlson, 5955 Cathcart Drive, Excelsior, MN 55331 by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelope in the United States mail with postage fully prepaid thereon; that the name and address of such owner appeared as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. i �_� I ! Clerk F wi ;S� Subscribed and swam to before me this (A day of 2012. Notary Pu is `'"*� KIM T. MEUWISSEN Notary Public -Minnesota �3,......-, � MY �pmmissbn ExPirea Jan 37, 2015 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 18, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to review an Appeal of an Administrative Decision regarding the determination of the intensification of a non- conforming use on property zoned Single Family Residential (RSF) located at 6411 Bretton Way (Tract C, RLS 105 and Outlots C & D, Curry Farms 2"d Addition). Applicant/Owner: Naomi Carlson. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2012-13 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bbgenerous@,ci.chanhassen.mn.us Phone: 952-227-1131 (Published in the Chanhassen Villager on September 6, 2012) I October 17, 2012 To:Chanhassen City Council Case: 6411 Bretton Way building in residential neighborhood. From: Residents from Teton Lane & Bretton Way Re: New Business on the agenda Monday Oct.22, 2012 We respectfully request the city council to deny the request to replace some non conforming rentals at the building with contractor yards. The site is inadequate for this type of contractors. Greenscapes has been allowed to be at this site since late July while this case was under appeal by absentee owner Naomi Carlson. Parking on the grass on a steep incline with trucks, dump trucks, trailers, cars & msc. equipment all over the property. The crew comes all day long getting different equipment and even comes for food brakes & fixing equipment outside.This should never have been allowed. This contractor has verbally abused the neighbors & broke city rules & ordinances. This building is the definition of a Hazardous building & Nuisance to the surrounding neighbors and Greenscapes should vacate the property immediately. The building has been vacant on the North side for 20yrs. Look at aerial pictures. Petition and pictures follow this message. Thank you for your consideration. I Attn: Chanhassen City Council Re: The property located at 6411 Bretton Way, Chanhassen MN 55317 We, the residents of Curry Farms, who live near 6411 Bretton Way, respectfully request that the Chanhassen City Council uphold the decision of the city's staff and the city's Planning Commission, that Greenscape LawnCare's use of the property at 6411 Bretton Way is an intensification of the non -conforming use of the property and that Greenscape must vacate the property immediately. Name(s) Address & phone Date Comments 61 qu Iris/ y 6 M A41 5�l7 baji Tcra�. GAJ 10 f ami (�«v� bk3o ►Bot7i A" Fe((er WL n, M NI 55- $044 rw-lrf 635b Te" U"c Cry„ hrt�s�',�►� jotdn/ Aon iehDV 1a� / 9''VT 5.-- W nl 6re-� S C''1 f LE t-5 Atte Chanhassen City Council Re: The property located at 6411 Bretton Way, Chanhassen MN 55317 We, the residents of Cunt' Farms, who live near 6411 Bretton Way, respectfully request that the Chanhassen City Council uphold the decision of the city's staff and the city's Planning Commission, that Greenscape LawnCare's use of the property at 6411 Bretton Way is an intensification of the non -conforming use of the property and that Gneenscape must vacate the property immediately. Name(s) Address & phone Date Comments d , 6h�c, 2mecs 354 DrP-f i�l►6 I rz -),P-nnAK &gtni re�r1 LOAA M- Ure t-FOy\- 6y9l k I0/ lalrc ��Fh �p��6� 6411 Bretton Way, Chanhassen • I I I S reef: r �• `, r a�e„� sp Nai9h rhoOle, kI( 4 � for P Children's Bus Stop Cul de sac where children play Trucks come and go while children are playing and going to the bus stop .Q-wr•u,.� ��c,e � 'C 4� GJG-0 sv, 47 -e raS l `'r coon, 44. Aw 01. JL '�wj 0; A '-- At '�wj 0; A '-- I IF"1� *W t 30 yds « 0261 ►AlcraEoRCrrpaadan 02VOWMTEQ�OAND` Rc6rr-gryGirtl'sEye I)rint Data/Map Page I n( I 6411 Bretton Way, Chanhassen Aerial View: 3/9/2010 PIDN 256940030 19 i Il4 ie0a9M O k104, L.w• Cnxy, Nw.v.M I.aM PoItYI IR OITallon _ P IRRI II :v: II NNLI ION WAY TM1.M1M YYrrllr: NAOMI 0.UT111'ANLtiUN GnrRW NY.n l'1IA411.\l11'N, MN Si55 UTIMA0.1'DN E%Cl1.f100., MN J1DI Ynw� Porcel ProPeflki a111"' b AeT: 114 IlamuM: N I~ ^/ Ir•Iw r/ 4Yw 4MM In\rN:@le Porcd L1N'sfba N "`� Irn r: n: 0YI YYr�.1)r: fwM 0",'m11m,.21 1w : Ile NYs 1O5 4n A( Payable Yea, 7010 !art Sale la/0~fmN I I. ,W AH S.Ye IiM: f103t00 I"Mit Nf1T f1N YI1.N 11. M.M V.M 4Y/Y0.: H5500 M., I'm W: 3.0.1010 en. Mn4e1 V.Ye T.b1: 5111100 C'ANV[41011N'ry CB aL5(lA1MY.R: flue I:MD w <I.MMI M:lytrwr twwYY UOOP100< lnfam.0on iYnrnl.I<:IFI. n la. wnPOYnM n(m(ann.um.m dM. Inwn v.mun t'Iry. ['uunry. NUN..na lwknl ORlca 1 h• mlp tl rol. u.veye0 nr lgly rtcor0id nM0 M:O tl Irlar:dad b Ne Id n reknlv.. ('vra fwru : nlMe fw mm.M M.In Aerial View: 3/9/2010 Carver County, MN ww.p+. mew. wYawpu�.. w.r. a.ar�Y Map 8"If N YemYYn hYw.leNA.Y•mipYYntlYam.Y.�sa sr lmm linch=1171ee1 g1eY OY.CwM. Mtl.Mhi.ldkw TM1meYrM• I-Y'wga Ypy Amm.Ome.Y YYebO rover. WE CwXyYM epwYY Y.ev Y.eenew Map Dab 5/7/2010 S 6411 Bretton Way, Chanhassen Aerial View: 5/7/2010 l PoGR4P/fy jHow5 s`TicE P GFZ6 OE (CRE T14rz- Y PARK Tor i2 T/Cucb�- o,�! -T#6- &AA555 .. ,.. ww.p+. mew. wYawpu�.. w.r. a.ar�Y Map 8"If N YemYYn hYw.leNA.Y•mipYYntlYam.Y.�sa sr lmm linch=1171ee1 g1eY OY.CwM. Mtl.Mhi.ldkw TM1meYrM• I-Y'wga Ypy Amm.Ome.Y YYebO rover. WE CwXyYM epwYY Y.ev Y.eenew Map Dab 5/7/2010 S 6411 Bretton Way, Chanhassen Aerial View: 5/7/2010 l PoGR4P/fy jHow5 s`TicE P GFZ6 OE (CRE T14rz- Y PARK Tor i2 T/Cucb�- o,�! -T#6- &AA555 6411 Bretton Way, Chanhassen 6411 Bretton Way is in the middle of a purely residential area. Aerial Date: April 2011 'cel 6411 Bretton Way, Chanhassen SIMI. ate.:. , Aerial View: 2011 No trucks or vehicles parked on the property 1AN MMM 4 s 7 States - MN - Carve( Co Chanhassen 00 j 20 m 92012 Microsoft Corporation Available Exdusively by D*gitalGlobe August 13, 2015 Naomi Ruth Carlson Citation Enclosed 6411 Bretton Way Excelsior, MN 55331 Dear Chanhassen Resident, This letter is in regards the multiple verbal warnings I gave you in regards the junk vehicle on your property. License plate 898EAX. When I talked to you, I requested compliance with Chanhassen City Ordinances, and you told me that you were working on it. After inspecting your property on 08/13/2015, I found out your property is still in violation. Under Chanhassen City Ordinance 13-23, "a junked vehicle is a vehicle lacking parts, in an inoperable condition and or lacking current registration. Junked vehicle may only be stored in an enclosed structure." For fine information you will need to call the Carver County Courthouse at 952-361- 1420. On the back of the citation is a number that is circled, which you need to call to set up a court date. You have the option to appear if you wish to either plead guilty or not guilty with an explanation. In addition to the citation, you are still responsible for removing the junk vehicle out of your property. Please do so by 08/27/2015 Failure to comply with the City of Chanhassen by this date will result in an additional citation. If you have any questions please do not hesitate to call me 952-227-1607 and I would be happy to speak with you about this matter. Sincerely, Z. Vidmar#763 Community Service Officer City of Chanhassen . CC: Building File CITY OF May 8, 2015 CHANHASSEN 7700 Market Boulevard PO Box 147 Deborah Renee Pettit Citation Enclosed Chanhassen, MN 55317 6411 Bretton Way Phone: 952.227.1300 Excelsior, MN 55331 Administration Community Service Officer Phone: 952.227.1100 Dear Chanhassen Resident, Fax: 952.227.1110 Phone: 952.227.1125 This letter is in regards the multiple verbal warnings I gave you in regards the Building Inspections junk vehicle on your property. License plate 898EAX. When I talked to you, I Phone: 952.227.1180 requested compliance with Chanhassen City Ordinances, and you told me that Fax: 952.227.1190 you were working on it. After inspecting your property on 05/08/2015,1 found www.ci.chanhassen.mmus out your property is still in violation. Engineering Phone: 952.227.1160 Under Chanhassen City Ordinance 13-23, "a junked vehicle is a vehicle lacking Fax: 952.227.1170 parts, in an inoperable condition and or lacking current registration. Junked vehicle may only be stored in an enclosed structure." Finance Phone: 952.227.1140 For fine information you will need to call the Carver County Courthouse at 952 - Fax: 952.227.1110 361-1420. You have also been issued a court date of 06/22/2015 at 1330 hrs. You have the option to appear if you wish to either plead guilty or not Park & Recreation guilty with an explanation. Phone: 952.227.1120 Fax:952.2271110 In addition to the citation, you are still responsible for removing the junk Recreation Center vehicle out of your property. Please do so by 05/22/2015 Failure to comply 2310 Coulter Boulevard with the City of Chanhassen by this date will result in an additional citation. Phone: 952.227.1400 Fax: 952.227.1404 If you have any questions please do not hesitate to call me 952-227-1607 and I would be happy to speak with you about this matter. Planning & Natural Resources Phone: 952.227.1130 Sincerely, Fax:952.2271110 Public Works 7901 Park Place Phone: 952.227.1300 J. Sanchez #764 Fax: 952.227.1310 Community Service Officer City of Chanhassen Senior Center Phone: 952.227.1125 Fax: 952.227.1110 CC: Building File Website www.ci.chanhassen.mmus Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Generous, Bob From: Generous, Bob Sent: Wednesday, August 12, 2015 10:42 AM To: 'Marcus Zbinden' Cc: Gerhardt, Todd; Laufenburger, Denny; Zbinden Family O.zbinden@mchsi.com); Aanenson, Kate; Jeffery, Terry; Sanchez, Jazmine Subject: RE: 6411 Bretton Way Complaint Mr. Zbinden, I have requested that the community service office verify that the vehicle is still located on the property and if it is still there that they issue a citation to the property owner. If the property owner does not remove the vehicle, it will be up to the district court to determine whether the vehicle will be removed from the property. The daughter was previously issued a citation, did not show up for her court date and the court has issued a bench warrant for her. The Engineering Department is aware of your concerns regarding erosion and will include this property on their "watch" list. I have requested that all correspondence and emails regarding this property be provided. I will make a copy of them and advise you when they are available. There is a $0.25 charge for each page. If I can be of further assistance or you need additional information, please contact me. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952)227-1131 bgenerous@ci.chanhassen.mn.us Chanhassen is a Community for Life— Providing for Today and Planning for Tomorrow From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.us] Sent: Tuesday, August 11, 2015 10:01 AM To: Generous, Bob Cc: Gerhardt, Todd; Laufenburger, Denny; Zbinden Family (j.zbinden@mchsi.com) Subject: FW: 6411 Bretton Way Complaint Dear Mr. Generous, As of today, the issues related to the property located at 6411 Bretton Way have still not been corrected. The City was notified over a year ago that there was an unlicensed vehicle being stored on the property and that the gravel drive way continuously washes out in Bretton Way. The property owner makes no attempts to clean the gravel generated from her property. I have also not received a response to me July 21, 2015 e-mail asking for clarification to the Cities enforcement approach. If these issues are not resolved by the end of September, I would like to schedule a meeting with the City Administrator as well as a time on the City Council agenda to discuss the failure of the City to bring this property into compliance. In order to prepare for these meetings, I am requesting a copy of all correspondence and enforcement letters/e-mails sent out regarding this issue. Marcus From: Marcus Zbinden Sent: Tuesday, July 21, 2015 2:22 PM To: 'Generous, Bob' Subject: RE: Bretton Way Complaint :.- Thank you for your response. I do have a few follow up questions/comments: 1) What responsibility does the property owner have in coming into compliance with zoning issues. Since Mrs. Carlson owns the property, why has she not been included in the enforcement letter? At what point will her ability to generate income from the property be jeopardized if she refuse to comply with City Code. (Please send me a copy of all enforcement letters sent to Mrs. Carlson and her daughter regarding this issue) 2) At what point will the City take an active role in removing the car. For example, having the car taken to an impound lot. 3) 1 understand Mrs. Carlson's right to have a gravel driveway. However, residents living on Bretton Way have a right to have a clean street free of dirt and gravel. It appears Mrs. Carlson has decided not to develop her property but rather live in the existing structure. As a result, I would suggest the City have a plan in place to either clean the road after each rain event or require Mrs. Carlson to take responsibility for her property. (Please send me a copy of any correspondence to Mrs. Carlson regarding this matter) Marcus Zbinden From: Generous, Bob[mailto:boenerousCo)ci.chanhassen.mn.us] Sent: Tuesday, July 21, 2015 8:39 AM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The citation was actually issued to her daughter, Deborah Pettit, who, I assume, has the vehicle registered to her. She did not show at court so a bench warrant is being issued for her arrest. We will be contacting the property owner to clean up the debris in the road but until the driveway is removed or improved it will remain an issue. Existing gravel driveways may remain in place until the site is redeveloped. :.. From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.usl Sent: Monday, July 20, 2015 9:04 AM To: Generous, Bob Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint :�3 The unlicensed vehicle is still parked on the property located at 6411 Bretton Way. In your last e-mail you stated that Mrs. Carlson was issued a second citation and was scheduled to go to court back in June. Can you please provide me a status update on this issue. Also, can you please send me copies of all letters and e-mails you have on this issue. I need them for my file. On a similar note, the gravel driveway located at 6411 continues to washout into Bretton Ways creating a mess. I have sent you serval pictures of this issues. Mrs. Carlson makes no effort to clean up the mess. Can you please let me know what the residents responsibilities are for maintaining gravel driveways. Marcus From: Generous, Bob[mailto:baenerous(�)ci.chanhassen.mn.usl Sent: Monday, June 01, 2015 8:10 AM To: Marcus Zbinden Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint Marcus, The CSO has issued another citation. Mrs. Carlson is scheduled to go to Carver County District Court this month on this issue. :.] 7 From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.usl Sent: Sunday, May 31, 2015 10:41 AM To: Generous, Bob Subject: RE: Bretton Way Complaint 23 I am writing you in regards to the ongoing violation at the property located at 6411 Bretton Way. The unlicensed car is still parked in front of the home and the hole is still not secured. It is my understanding you will be sending the property owned another enforcement letter. I hope this was already done since it is past the May 22"d deadline. Can you please outline the next steps to get this property owner to comply with City Ordinances. Marcus From: Generous, Bob[mailto:baenerousCcbci.chanhassen.mn.usl Sent: Friday, May 08, 2015 12:03 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The CSO issued a citation this morning for the removal of the vehicle. She has a compliance date of May 22, 2015 or another citation will be issued. Jerry sent out a letter last week regarding the hole in the yard. I'm unsure of what the Engineering Department did. :.E PS: here's the link to the ordinance: https://www.municode.com/library/mn/chanhassen/codes/code of ordinances?nodeld=CICO CH13NU it's in division 11. From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.usl Sent: Friday, May 08, 2015 11:16 AM To: Generous, Bob Subject: RE: Bretton Way Complaint :�• I am following up with my previous e-mails regarding the 6411 Bretton Way property. The issues I brought to the City's attention have still not been resolved. Could you please send me the City Ordinance language regarding unlicensed vehicles storage and have the individual following up on this complaint give me a call. Thank you. Marcus From: Generous, Bob [mailto:baenerous(&ci.chanhassen.mn.us] Sent: Thursday, April 16, 2015 2:27 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, I have forwarded item 1 to the CSO, item 2 to the building department and item 3 to our engineering department. I haven't heard anything more about timing of the final plat. :.• From: Marcus Zbinden [mailto:MZbindenCo3)co.carver.mn.usl Sent: Thursday, April 16, 2015 2:17 PM To: Generous, Bob Subject: FW: Bretton Way Complaint :23 Can you please provide an update regarding the 6411 Bretton Way property from the City's perspective. Has there been any new developments regarding when the property will be sold and construction begins? I have the following concerns regarding the property: 1. The property owner has been storing an unlicensed vehicle on the grass. I contacted the City in November 2014 regarding this issue and it remains unresolved. I have attached pictures of the vehicle for your reference. Can you please send me the official report submitted by the Public Safety office regarding this complaint. 2 The cover to hole on her property is not properly secure and is a safety hazard. I The gravel from her drive way is washed into the street causing a nuisance. I appreciate your assistance in this matter. Marcus Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attomey-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Generous, Bob To: Sanchez, Jazmine Subject: 6411 Bretton Way Jasmine/Zak, Could you please check to see if the junk vehicle is still located on the above property. If so, issue a citation to the property about removal or indoor storage of the vehicle. NAOMI RUTH CARLSON 6411 Bretton Way CHANHASSEN, MN 55317-7584 Also, could you please provide me with copies of all correspondence, both email and letters, you have had regarding this property. Thank you. Generous, Bob From: Spreiter, Krista Sent: Tuesday, August 11, 2015 2:43 PM To: Generous, Bob Subject: FW: Bretton Way Complaint Follow Up Flag: Follow up Flag Status: Flagged From: Jeffery, Terry Sent: Monday, July 20, 2015 10:23 AM To: Lenz, Steve; Generous, Bob Cc: Spreiter, Krista Subject: RE: Bretton Way Complaint As long as there is a gravel driveway there will be erosion from that driveway. It is not an active construction site and it is not disturbed. Yes it is unsightly and does introduce material to the storm sewer but the bigger issue is that they have a gravel driveway in the first place. Krista will draft a letter asking them to clean up the debris in the road but until the driveway is removed or improved it will remain an issue. That is the tack that will result in resolution of the matter. Terry Te Jeffery I Water Resources Coordinator City of Chanhassen I Engineering Department 7700 Market Boulevard I Chanhassen, MN 55317 DESK 952.227.1168 1 MAIN 952.227.1160 From: Lenz, Steve Sent: Monday, July 20, 2015 10:07 AM To: Jeffery, Terry; Spreiter, Krista Subject: FW: Bretton Way Complaint First I have heard of this issue? Driveway erosion? 0 Steve Lenz 7700 Market Blvd P.O. Box 147 Chanhassen. MN 55317 Engineering Department s lenz@ ci.chanhassen.mn.us 952-227-1163 From: Generous, Bob Sent: Monday, July 20, 2015 9:53 AM To: Spreiter, Krista; Lenz, Steve Subject: FW: Bretton Way Complaint Krista or Steve, Could you please respond regarding the gravel driveway issue. Thanks, :.: From: Marcus Zbinden (mailto:MZbindenC6Dco.carver.mn.usl Sent: Monday, July 20, 2015 9:04 AM To: Generous, Bob Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint The unlicensed vehicle is still parked on the property located at 6411 Bretton Way. In your last e-mail you stated that Mrs. Carlson was issued a second citation and was scheduled to go to court back in June. Can you please provide me a status update on this issue. Also, can you please send me copies of all letters and e-mails you have on this issue. I need them for my file. On a similar note, the gravel driveway located at 6411 continues to washout into Bretton Ways creating a mess. I have sent you serval pictures of this issues. Mrs. Carlson makes no effort to clean up the mess. Can you please let me know what the residents responsibilities are for maintaining gravel driveways. Marcus From: Generous, Bob [mailto:baenerousCulci.chanhassen.mn.us] Sent: Monday, June 01, 2015 8:10 AM K To: Marcus Zbinden Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint Marcus, The CSO has issued another citation. Mrs. Carlson is scheduled to go to Carver County District Court this month on this issue. :.. From: Marcus Zbinden Imailto:MZbinden@co.carver.mn.usl Sent: Sunday, May 31, 2015 10:41 AM To: Generous, Bob Subject: RE: Bretton Way Complaint M• I am writing you in regards to the ongoing violation at the property located at 6411 Bretton Way. The unlicensed car is still parked in front of the home and the hole is still not secured. It is my understanding you will be sending the property owned another enforcement letter. I hope this was already done since it is past the May 22"d deadline. Can you please outline the next steps to get this property owner to comply with City Ordinances. Marcus From: Generous, Bob [mailto:bgenerous(dci chanhassen.mn.us] Sent: Friday, May 08, 2015 12:03 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The CSO issued a citation this morning for the removal of the vehicle. She has a compliance date of May 22, 2015 or another citation will be issued. Jerry sent out a letter last week regarding the hole in the yard. I'm unsure of what the Engineering Department did. :.1 PS: here's the link to the ordinance: https://www.municode.COM/Iibrary/`mn/chanhassen/codes/code of ordinances?node ld=CICO CH13NU it's in division II. From: Marcus Zbinden [mailto:MZbinden(apco.carver.mn.usj Sent: Friday, May 08, 2015 11:16 AM To: Generous, Bob Subject: RE: Bretton Way Complaint OR I am following up with my previous e-mails regarding the 6411 Bretton Way property. The issues I brought to the City's attention have still not been resolved. Could you please send me the City Ordinance language regarding unlicensed vehicles storage and have the individual following up on this complaint give me a call. Thank you. Marcus From: Generous, Bob [mailto:baenerous(a)ci.chanhassen.mn.usl Sent: Thursday, April 16, 2015 2:27 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, I have forwarded item 1 to the CSO, item 2 to the building department and item 3 to our engineering department. I haven't heard anything more about timing of the final plat. :.4 From: Marcus Zbinden [mailto:MZbinden(a)co.carver.mn.us] Sent: Thursday, April 16, 2015 2:17 PM To: Generous, Bob Subject: FW: Bretton Way Complaint :.a Can you please provide an update regarding the 6411 Bretton Way property from the City's perspective. Has there been any new developments regarding when the property will be sold and construction begins? 4 I have the following concerns regarding the property: 1. The property owner has been storing an unlicensed vehicle on the grass. I contacted the City in November 2014 regarding this issue and it remains unresolved. I have attached pictures of the vehicle for your reference. Can you please send me the official report submitted by the Public Safety office regarding this complaint. 2 The cover to hole on her property is not properly secure and is a safety hazard. I The gravel from her drive way is washed into the street causing a nuisance. I appreciate your assistance in this matter. Marcus Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attomey-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 5 Generous, Bob From: Generous, Bob Sent: Monday, July 20, 2015 9:53 AM To: Spreiter, Krista; Lenz, Steve Subject: FW: Bretton Way Complaint Krista or Steve, Could you please respond regarding the gravel driveway issue. Thanks, From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.usi Sent: Monday, July 20, 2015 9:04 AM To: Generous, Bob Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint Mr The unlicensed vehicle is still parked on the property located at 6411 Bretton Way. In your last e-mail you stated that Mrs. Carlson was issued a second citation and was scheduled to go to court back in June. Can you please provide me a status update on this issue. Also, can you please send me copies of all letters and e-mails you have on this issue. I need them for my file. On a similar note, the gravel driveway located at 6411 continues to washout into Bretton Ways creating a mess. I have sent you serval pictures of this issues. Mrs. Carlson makes no effort to clean up the mess. Can you please let me know what the residents responsibilities are for maintaining gravel driveways. Marcus From: Generous, Bob rmailto:baenerous(alci.chanhassen.mn.us] Sent: Monday, June 01, 2015 8:10 AM To: Marcus Zbinden 1 Cc: Sanchez, ]azmine Subject: RE: Bretton Way Complaint Marcus, The CSO has issued another citation. Mrs. Carlson is scheduled to go to Carver County District Court this month on this issue. :. r. From: Marcus Zbinden[mailto:MZbinden(a@co.carver.mn.usl Sent: Sunday, May 31, 2015 10:41 AM To: Generous, Bob Subject: RE: Bretton Way Complaint :�R I am writing you in regards to the ongoing violation at the property located at 6411 Bretton Way. The unlicensed car is still parked in front of the home and the hole is still not secured. It is my understanding you will be sending the property owned another enforcement letter. I hope this was already done since it is past the May 22nd deadline. Can you please outline the next steps to get this property owner to comply with City Ordinances. Marcus From: Generous, Bob[mailto:baenerous()ci.chanhassen.mn.usl Sent: Friday, May 08, 2015 12:03 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The CSO issued a citation this morning for the removal of the vehicle. She has a compliance date of May 22, 2015 or another citation will be issued. Jerry sent out a letter last week regarding the hole in the yard. I'm unsure of what the Engineering Department did. :.. PS: here's the link to the ordinance: https://www.municode.com/library/mn/chanhassen/codes/`code of ordinances?nodeld=CICO CH13NU it's in division 11. From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.usi Sent: Friday, May 08, 2015 11:16 AM To: Generous, Bob Subject: RE: Bretton Way Complaint M. I am following up with my previous e-mails regarding the 6411 Bretton Way property. The issues I brought to the City's attention have still not been resolved. Could you please send me the City Ordinance language regarding unlicensed vehicles storage and have the individual following up on this complaint give me a call. Thank you. Marcus From: Generous, Bob [mailto:baenerous(aci.chanhassen.mn.usl Sent: Thursday, April 16, 2015 2:27 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, I have forwarded item 1 to the CSO, item 2 to the building department and item 3 to our engineering department. I haven't heard anything more about timing of the final plat. From: Marcus Zbinden [mailto:MZbinden(o)co.carver.mn.usl Sent: Thursday, April 16, 2015 2:17 PM To: Generous, Bob Subject: FW: Bretton Way Complaint e] Can you please provide an update regarding the 6411 Bretton Way property from the City's perspective. Has there been any new developments regarding when the property will be sold and construction begins? I have the following concerns regarding the property: 3 1. The property owner has been storing an unlicensed vehicle on the grass. I contacted the City in November 2014 regarding this issue and it remains unresolved. I have attached pictures of the vehicle for your reference. Can you please send me the official report submitted by the Public Safety office regarding this complaint. 2 The cover to hole on her property is not properly secure and is a safety hazard. I The gravel from her drive way is washed into the street causing a nuisance. I appreciate your assistance in this matter. Marcus Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attomey-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 4 Generous, Bob From: Generous, Bob Sent: Thursday, April 16, 2015 2:25 PM To: Spreiter, Krista Subject: FW: Bretton Way Complaint Attachments: photo 1.1PG; ATT00001.txt; photo 2.1PG; ATT00002.txt; photo 3.JPG; ATT00003.txt Krista, Can you follow up on issue 3 please. M. From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.us] Sent: Thursday, April 16, 2015 2:17 PM To: Generous, Bob Subject: FW: Bretton Way Complaint :•• Can you please provide an update regarding the 6411 Bretton Way property from the City's perspective. Has there been any new developments regarding when the property will be sold and construction begins? I have the following concerns regarding the property: 1. The property owner has been storing an unlicensed vehicle on the grass. I contacted the City in November 2014 regarding this issue and it remains unresolved. I have attached pictures of the vehicle for your reference. Can you please send me the official report submitted by the Public Safety office regarding this complaint. 2 The cover to hole on her property is not properly secure and is a safety hazard. 3. The gravel from her drive way is washed into the street causing a nuisance. I appreciate your assistance in this matter. Marcus Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attorney-client or work product privilege, may be 1 confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Generous, Bob From: Generous, Bob Sent: Tuesday, July 21, 2015 2:27 PM To: Jeffery, Terry Subject: FW: Bretton Way Complaint Thought I's share this with you. See 3. He didn't like my response earlier (which was your response to me). From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.usj Sent: Tuesday, July 21, 2015 2:22 PM To: Generous, Bob Subject: RE: Bretton Way Complaint V Thank you for your response. I do have a few follow up questions/comments: 1) What responsibility does the property owner have in coming into compliance with zoning issues. Since Mrs. Carlson owns the property, why has she not been included in the enforcement letter? At what point will her ability to generate income from the property be jeopardized if she refuse to comply with City Code. (Please send me a copy of all enforcement letters sent to Mrs. Carlson and her daughter regarding this issue) 2) At what point will the City take an active role in removing the car. For example, having the car taken to an impound lot. 3) 1 understand Mrs. Carlson's right to have a gravel driveway. However, residents living on Bretton Way have a right to have a clean street free of dirt and gravel. It appears Mrs. Carlson has decided not to develop her property but rather live in the existing structure. As a result, I would suggest the City have a plan in place to either clean the road after each rain event or require Mrs. Carlson to take responsibility for her property. (Please send me a copy of any correspondence to Mrs. Carlson regarding this matter) Marcus Zbinden From: Generous, Bob[mailto:baenerousCalci.chanhassen.mn.usl Sent: Tuesday, July 21, 2015 8:39 AM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The citation was actually issued to her daughter, Deborah Pettit, who, I assume, has the vehicle registered to her. She did not show at court so a bench warrant is being issued for her arrest. We will be contacting the property owner to clean up the debris in the road but until the driveway is removed or improved it will remain an issue. Existing gravel driveways may remain in place until the site is redeveloped. :.. From: Marcus Zbinden [mailto:MZbindenPco.carver.mn.usl Sent: Monday, July 20, 2015 9:04 AM To: Generous, Bob Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint M The unlicensed vehicle is still parked on the property located at 6411 Bretton Way. In your last e-mail you stated that Mrs. Carlson was issued a second citation and was scheduled to go to court back in June. Can you please provide me a status update on this issue. Also, can you please send me copies of all letters and e-mails you have on this issue. I need them for my file. On a similar note, the gravel driveway located at 6411 continues to washout into Bretton Ways creating a mess. I have sent you serval pictures of this issues. Mrs. Carlson makes no effort to clean up the mess. Can you please let me know what the residents responsibilities are for maintaining gravel driveways. Marcus From: Generous, Bob [mailto:baenerous(dci.chanhassen.mn.usl Sent: Monday, June 01, 2015 8:10 AM To: Marcus Zbinden Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint Marcus, The CSO has issued another citation. Mrs. Carlson is scheduled to go to Carver County District Court this month on this issue. :.P From: Marcus Zbinden [mailto:MZbinden@co.carver.mn.us] Sent: Sunday, May 31, 2015 10:41 AM To: Generous, Bob Subject: RE: Bretton Way Complaint 2 I am writing you in regards to the ongoing violation at the property located at 6411 Bretton Way. The unlicensed car is still parked in front of the home and the hole is still not secured. It is my understanding you will be sending the property owned another enforcement letter. I hope this was already done since it is past the May 22"d deadline. Can you please outline the next steps to get this property owner to comply with City Ordinances. Marcus From: Generous, Bob [mailto:baenerous(oci.chanhassen.mn.usl Sent: Friday, May 08, 2015 12:03 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The CSO issued a citation this morning for the removal of the vehicle. She has a compliance date of May 22, 2015 or another citation will be issued. Jerry sent out a letter last week regarding the hole in the yard. I'm unsure of what the Engineering Department did. , PS: here's the link to the ordinance: https://www.municode.com/library/mn/chanhassen/codes/code of ordinances?nodeld=CICO CH13NU it's in division II. From: Marcus Zbinden [mailto:MZbinden(a)co.carver.mn.usl Sent: Friday, May 08, 2015 11:16 AM To: Generous, Bob Subject: RE: Bretton Way Complaint :M I am following up with my previous e-mails regarding the 6411 Bretton Way property. The issues I brought to the City's attention have still not been resolved. Could you please send me the City Ordinance language regarding unlicensed vehicles storage and have the individual following up on this complaint give me a call. Thank you. 3 Marcus From: Generous, Bob [mailto:bgenerousCo)ci.chanhassen.mn.us] Sent: Thursday, April 16, 2015 2:27 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, I have forwarded item 1 to the CSO, item 2 to the building department and item 3 to our engineering department. I haven't heard anything more about timing of the final plat. From: Marcus Zbinden [mailto:MZbindenCabco.carver.mn.us] Sent: Thursday, April 16, 2015 2:17 PM To: Generous, Bob Subject: FW: Bretton Way Complaint :.. Can you please provide an update regarding the 6411 Bretton Way property from the City's perspective. Has there been any new developments regarding when the property will be sold and construction begins? I have the following concerns regarding the property: 1. The property owner has been storing an unlicensed vehicle on the grass. I contacted the City in November 2014 regarding this issue and it remains unresolved. I have attached pictures of the vehicle for your reference. Can you please send me the official report submitted by the Public Safety office regarding this complaint. 2 The cover to hole on her property is not properly secure and is a safety hazard. 3. The gravel from her drive way is washed into the street causing a nuisance. I appreciate your assistance in this matter. Marcus 4 Disclaimer: Information in this message or an attachment maybe government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Generous, Bob From: Lenz, Steve Sent: Monday, July 20, 2015 10:30 AM To: Jeffery, Terry Subject: RE: Bretton Way Complaint I think it may be grandfathered in but the driveway ord. says the portion in the row has to be an improved surface? 0 Steve Lenz 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Engineering Department slenz@ci.chanhossen.mn.us 952-227-1163 From: Jeffery, Terry Sent: Monday, July 20, 2015 10:23 AM To: Lenz, Steve; Generous, Bob Cc: Spreiter, Krista Subject: RE: Bretton Way Complaint As long as there is a gravel driveway there will be erosion from that driveway. It is not an active construction site and it is not disturbed. Yes it is unsightly and does introduce material to the storm sewer but the bigger issue is that they have a gravel driveway in the first place. Krista will draft a letter asking them to clean up the debris in the road but until the driveway is removed or improved it will remain an issue. That is the tack that will result in resolution of the matter. Terry Terry Jeffery I Water Resources Coordinator City of Chanhassen I Engineering Department 7700 Market Boulevard I Chanhassen, MN 55317 DESK 952.227.1168 1 MAIN 952.227.1160 From: Lenz, Steve Sent: Monday, July 20, 2015 10:07 AM To: Jeffery, Terry; Spreiter, Krista Subject: FW: Bretton Way Complaint First I have heard of this issue? Driveway erosion? n Steve Lenz 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Engineering Department slenz@ci.chanhassen.mn.us 952-227-1163 From: Generous, Bob Sent: Monday, July 20, 2015 9:53 AM To: Spreiter, Krista; Lenz, Steve Subject: FW: Bretton Way Complaint Krista or Steve, Could you please respond regarding the gravel driveway issue. Thanks, :.. From: Marcus Zbinden[mailto:MZbinden(@co.carver.mn.usl Sent: Monday, July 20, 2015 9:04 AM To: Generous, Bob Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint Me The unlicensed vehicle is still parked on the property located at 6411 Bretton Way. In your last e-mail you stated that Mrs. Carlson was issued a second citation and was scheduled to go to court back in June. Can you please provide me a status update on this issue. Also, can you please send me copies of all letters and e-mails you have on this issue. I need them for my file. On a similar note, the gravel driveway located at 6411 continues to washout into Bretton Ways creating a mess. I have sent you serval pictures of this issues. Mrs. Carlson makes no effort to clean up the mess. Pi Can you please let me know what the residents responsibilities are for maintaining gravel driveways. Marcus From: Generous, Bob [mailto:bgenerous(a)ci.chanhassen.mn.us] Sent: Monday, June 01, 2015 8:10 AM To: Marcus Zbinden Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint Marcus, The CSO has issued another citation. Mrs. Carlson is scheduled to go to Carver County District Court this month on this issue. :.. From: Marcus Zbinden [mailto:MZbinden(a)co.carver.mn.usl Sent: Sunday, May 31, 2015 10:41 AM To: Generous, Bob Subject: RE: Bretton Way Complaint e] I am writing you in regards to the ongoing violation at the property located at 6411 Bretton Way. The unlicensed car is still parked in front of the home and the hole is still not secured. It is my understanding you will be sending the property owned another enforcement letter hope this was already done since it is past the May 22nd deadline. Can you please outline the next steps to get this property owner to comply with City Ordinances. Marcus From: Generous, Bob [mailto:bgenerous(olci.chanhassen.mn.us] Sent: Friday, May 08, 2015 12:03 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The CSO issued a citation this morning for the removal of the vehicle. She has a compliance date of May 22, 2015 or another citation will be issued. Jerry sent out a letter last week regarding the hole in the yard. I'm unsure of what the Engineering Department did. :.. PS: here's the link to the ordinance: https://www.municode.com/library/mn/chanhassen/codes/code of ordinances?nodeld=CICO CH13NU it's in division Il. From: Marcus Zbinden[mailto:MZbinden@co.carver.mn.usl Sent: Friday, May 08, 2015 11:16 AM To: Generous, Bob Subject: RE: Bretton Way Complaint M3 I am following up with my previous e-mails regarding the 6411 Bretton Way property. The issues I brought to the City's attention have still not been resolved. Could you please send me the City Ordinance language regarding unlicensed vehicles storage and have the individual following up on this complaint give me a call. Thank you. Marcus From: Generous, Bob rmailto:boenerous(a)ci.chanhassen.mn.usl Sent: Thursday, April 16, 2015 2:27 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, I have forwarded item 1 to the CSO, item 2 to the building department and item 3 to our engineering department. I haven't heard anything more about timing of the final plat. :.E From: Marcus Zbinden[mailto:MZbinden(a)co.carver.mn.us] Sent: Thursday, April 16, 2015 2:17 PM To: Generous, Bob Subject: FW: Bretton Way Complaint M Can you please provide an update regarding the 6411 Bretton Way property from the City's perspective. Has there been any new developments regarding when the property will be sold and construction begins? I have the following concerns regarding the property: 1. The property owner has been storing an unlicensed vehicle on the grass. I contacted the City in November 2014 regarding this issue and it remains unresolved. I have attached pictures of the vehicle for your reference. Can you please send me the official report submitted by the Public Safety office regarding this complaint. 2 The cover to hole on her property is not properly secure and is a safety hazard. 3. The gravel from her drive way is washed into the street causing a nuisance. I appreciate your assistance in this matter. Marcus Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 5 Generous, Bob From: Jeffery, Terry Sent: Monday, July 20, 2015 10:23 AM To: Lenz, Steve; Generous, Bob Cc: Spreiter, Krista Subject: RE: Bretton Way Complaint As long as there is a gravel driveway there will be erosion from that driveway. It is not an active construction site and it is not disturbed. Yes it is unsightly and does introduce material to the storm sewer but the bigger issue is that they have a gravel driveway in the first place. Krista will draft a letter asking them to clean up the debris in the road but until the driveway is removed or improved it will remain an issue. That is the tack that will result in resolution of the matter. Terry Terry Jeffery I Water Resources Coordinator City of Chanhassen I Engineering Department 7700 Market Boulevard I Chanhassen, MN 55317 DESK 952.227.1168 1 MAIN 952.227.1160 From: Lenz, Steve Sent: Monday, July 20, 2015 10:07 AM To: Jeffery, Terry; Spreiter, Krista Subject: FW: Bretton Way Complaint First I have heard of this issue? Driveway erosion? 0 Steve Lenz 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Engineering Department slenz@ci.chanhossen.mn.us 952-227-1163 From: Generous, Bob Sent: Monday, July 20, 2015 9:53 AM To: Spreiter, Krista; Lenz, Steve Subject: FW: Bretton Way Complaint Krista or Steve, Could you please respond regarding the gravel driveway issue. Thanks, I. - From: Marcus Zbinden fmailto:MZbinden(a@co.carver.mn.usj Sent: Monday, July 20, 2015 9:04 AM To: Generous, Bob Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint :�9 The unlicensed vehicle is still parked on the property located at 6411 Bretton Way. In your last e-mail you stated that Mrs. Carlson was issued a second citation and was scheduled to go to court back in June. Can you please provide me a status update on this issue. Also, can you please send me copies of all letters and e-mails you have on this issue. I need them for my file. On a similar note, the gravel driveway located at 6411 continues to washout into Bretton Ways creating a mess. I have sent you serval pictures of this issues. Mrs. Carlson makes no effort to clean up the mess. Can you please let me know what the residents responsibilities are for maintaining gravel driveways. Marcus From: Generous, Bob[mailto:baenerous(o)ci.chanhassen.mn.us] Sent: Monday, June 01, 2015 8:10 AM To: Marcus Zbinden Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint Marcus, The CSO has issued another citation. Mrs. Carlson is scheduled to go to Carver County District Court this month on this issue. :.. 2 From: Marcus Zbinden [mailto:MZbinden@co.carver.mn.us] Sent: Sunday, May 31, 2015 10:41 AM To: Generous, Bob Subject: RE: Bretton Way Complaint :�M I am writing you in regards to the ongoing violation at the property located at 6411 Bretton Way. The unlicensed car is still parked in front of the home and the hole is still not secured. It is my understanding you will be sending the property owned another enforcement letter. I hope this was already done since it is past the May 22nd deadline. Can you please outline the next steps to get this property owner to comply with City Ordinances. Marcus From: Generous, Bob [mailto:baenerousColci.chanhassen.mn.us] Sent: Friday, May 08, 2015 12:03 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The CSO issued a citation this morning for the removal of the vehicle. She has a compliance date of May 22, 2015 or another citation will be issued. Jerry sent out a letter last week regarding the hole in the yard. I'm unsure of what the Engineering Department did. PS: here's the link to the ordinance: https://www.municode.com/library/mn/chanhassen/codes/code of ordinances?nodeld=CICO CH13NU it's in division 11. From: Marcus Zbinden [mailto:MZbinden(d)co.carver.mn.us] Sent: Friday, May 08, 2015 11:16 AM To: Generous, Bob Subject: RE: Bretton Way Complaint I am following up with my previous e-mails regarding the 6411 Bretton Way property. The issues I brought to the City's attention have still not been resolved. 3 Could you please send me the City Ordinance language regarding unlicensed vehicles storage and have the individual following up on this complaint give me a call. Thank you. Marcus From: Generous, Bob rmaiIto: boenerous(a)ci.chanhassen.mn.us] Sent: Thursday, April 16, 2015 2:27 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, 1 have forwarded item 1 to the CSO, item 2 to the building department and item 3 to our engineering department. I haven't heard anything more about timing of the final plat. :.. From: Marcus Zbinden[mailto:MZbindenCalco.carver.mn.usl Sent: Thursday, April 16, 2015 2:17 PM To: Generous, Bob Subject: FW: Bretton Way Complaint :•. Can you please provide an update regarding the 6411 Bretton Way property from the City's perspective. Has there been any new developments regarding when the property will be sold and construction begins? I have the following concerns regarding the property: 1. The property owner has been storing an unlicensed vehicle on the grass. I contacted the City in November 2014 regarding this issue and it remains unresolved. I have attached pictures of the vehicle for your reference. Can you please send me the official report submitted by the Public Safety office regarding this complaint. 2 The cover to hole on her property is not properly secure and is a safety hazard. 3. The gravel from her drive way is washed into the street causing a nuisance. 4 I appreciate your assistance in this matter. Marcus Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attomey-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Generous, Bob From: Lenz, Steve Sent: Monday, July 20, 2015 10:07 AM To: Jeffery, Terry; Spreiter, Krista Subject: FW: Bretton Way Complaint First I have heard of this issue? Driveway erosion? Steve Lenz 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Engineering Department slenz@ci.chanhassen.mn.us 952-227-1163 From: Generous, Bob Sent: Monday, July 20, 2015 9:53 AM To: Spreiter, Krista; Lenz, Steve Subject: FW: Bretton Way Complaint Krista or Steve, Could you please respond regarding the gravel driveway issue. Thanks, From: Marcus Zbinden[mailto:MZbindenCc@co.carver.mn.usl Sent: Monday, July 20, 2015 9:04 AM To: Generous, Bob Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint M• The unlicensed vehicle is still parked on the property located at 6411 Bretton Way. In your last e-mail you stated that Mrs. Carlson was issued a second citation and was scheduled to go to court back in June. 1 Can you please provide me a status update on this issue. Also, can you please send me copies of all letters and e-mails you have on this issue. I need them for my file. On a similar note, the gravel driveway located at 6411 continues to washout into Bretton Ways creating a mess. I have sent you serval pictures of this issues. Mrs. Carlson makes no effort to clean up the mess. Can you please let me know what the residents responsibilities are for maintaining gravel driveways. Marcus From: Generous, Bob [mailto•baenerous(oci.chanhassen.mn.us] Sent: Monday, June 01, 2015 8:10 AM To: Marcus Zbinden Cc: Sanchez, Jazmine Subject: RE: Bretton Way Complaint Marcus, The CSO has issued another citation. Mrs. Carlson is scheduled to go to Carver County District Court this month on this issue. :.: From: Marcus Zbinden imailto:MZbinden(oco.carver.mn.usl Sent: Sunday, May 31, 2015 10:41 AM To: Generous, Bob Subject: RE: Bretton Way Complaint 2• I am writing you in regards to the ongoing violation at the property located at 6411 Bretton Way. The unlicensed car is still parked in front of the home and the hole is still not secured. It is my understanding you will be sending the property owned another enforcement letter. I hope this was already done since it is past the May 22nd deadline. Can you please outline the next steps to get this property owner to comply with City Ordinances. Marcus P1 From: Generous, Bob [mailto:bgenerous(a)ci chanhassen.mn.us] Sent: Friday, May 08, 2015 12:03 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, The CSO issued a citation this morning for the removal of the vehicle. She has a compliance date of May 22, 2015 or another citation will be issued. Jerry sent out a letter last week regarding the hole in the yard. I'm unsure of what the Engineering Department did. :.. PS: here's the link to the ordinance: https://www.municode.com/library/mn/chanhassen/codes/code of ordinances? node ld=CICO CH13NU it's in division 11. From: Marcus Zbinden Imailto:MZbinden@co.carver.mn.usl Sent: Friday, May 08, 2015 11:16 AM To: Generous, Bob Subject: RE: Bretton Way Complaint M• I am following up with my previous e-mails regarding the 6411 Bretton Way property. The issues I brought to the City's attention have still not been resolved. Could you please send me the City Ordinance language regarding unlicensed vehicles storage and have the individual following up on this complaint give me a call. Thank you. Marcus From: Generous, Bob[mailto:baenerous(.aci.chanhassen.mn.usJ Sent: Thursday, April 16, 2015 2:27 PM To: Marcus Zbinden Subject: RE: Bretton Way Complaint Marcus, I have forwarded item 1 to the CSO, item 2 to the building department and item 3 to our engineering department. I haven't heard anything more about timing of the final plat. M From: Marcus Zbinden fmailto:MZbinden(o)co carver.mn.us] Sent: Thursday, April 16, 2015 2:17 PM To: Generous, Bob Subject: FW: Bretton Way Complaint M. Can you please provide an update regarding the 6411 Bretton Way property from the City's perspective. Has there been any new developments regarding when the property will be sold and construction begins? I have the following concerns regarding the property: 1. The property owner has been storing an unlicensed vehicle on the grass. I contacted the City in November 2014 regarding this issue and it remains unresolved. I have attached pictures of the vehicle for your reference. Can you please send me the official report submitted by the Public Safety office regarding this complaint. 2 The cover to hole on her property is not properly secure and is a safety hazard. 3. The gravel from her drive way is washed into the street causing a nuisance. I appreciate your assistance in this matter Marcus Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, may be subject to attomey-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Chanhassen City Council — October 22, 2012 Councilman McDonald: Yeah, I'll make a motion that we adopt the resolution certifying delinquent code enforcement accounts to the County Auditor. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Thank you. Motion's been made and seconded regarding adoption of delinquent code enforcement accounts to the County Auditor. Is there any discussion? Hearing none we'll proceed with the vote. Resolution #2012-59: Councilman McDonald moved, Councilman Laufenburger seconded to adopt the resolution certifying delinquent code enforcement accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST TO APPEAL AN ADMINISTRATIVE DECISION AND TO REPLACE SOME NON -CONFORMING USES WITH OTHERS ON PROPERTY ZONED SINGLE CARLSON. Kate Aanenson: Thank you Mayor, members of the City Council. As you stated this is actually two requests. This issue came about because we did receive a complaint on the subject site and asked, told the owner of the property that that use was not permitted and they must vacate. Anybody aggrieved of an administrative decision has the right to appeal, which the owner of the property did. As a part of that too, as they came forward to the City Council you also have the ability to look at those uses that are there so we thought this would be the appropriate time to look at the other uses that are there and so with that Mrs. Carlson is appealing that interpretation as it went to the Planning Commission. They did reaffirm the staff's position that it was not a compliant use and additionally then we would ask that the council review those other uses and I'll go through those in a little more detail. This was a public hearing. Kind of a lot of other side issues there so I think the appropriate thing here we want to make sure that we're focusing on the two issues that are before you today and that's the use and then what should be the interpretation for the rest of the uses. So with that the subject site on Bretton Way is just, just west of Powers Boulevard. Bretton Way. Old barn on the property that's been therefor a number of years. Subject site here. There's a private drive that comes back here. The public street with the cul- de-sac and exiting home on the, that accesses this private drive here. So the regulation is any non -conformity, including the lawful use of land or premises at the time of the adoption cannot, can only be continued but can't be intensified so it's the staff's interpretation when we did receive the complaint that the lawn mowing business that was on the site with the outdoor storage, there's a lot of pictures in your staff report of, that were taken. I didn't put those up here for the illustrations but clearly the Planning Commission and the staff felt that we believed it was an expansion so we did recommend, as did the Planning Commission, that they must discontinue the use of that lawn care business. Had a lot of outdoor storage and as you're aware, you know lawn care business is one of the main concerns. The neighbors were concerned too with the amount of trips, the outdoor storage, the conflicting with people at the bus stop and the like. So 34 Chanhassen City Council — October 22, 2012 as we went through the uses of itself, the applicant Mrs. Carlson did send us kind of some of the previous uses that had been on this site over time so we've got that documentation. There's some additional things that came in at the end of the week after the packet. Right before the packet went out so we attached those at the end. They weren't identified in your attachment schedule but they are on the back some additional petitions from the neighbors and some additional drawings but Mrs. Carlson again, in 1987 the building contained two woodworking businesses, Precision Finishes and motorcycle repair business and on the face of that it would seem to be a conflict but the way those are being used, there's no outdoor activity associated with those or storage and I think that's where the conflict arose when you had a number of employees coming to the site and things being stored. Kind of assembling. Getting ready for the day and the trips coming in and out. So in 1995 the structure contained the Ramsey Woodworking and then the Precision Finishing. Again the small painting and then the motorcycle repair. Again trying to document, because we don't have a business license, documenting the history of what's been there over time. So the applicant again is repealing that the landscaping business is a continuation of the other uses that were in the property, machining and manufacturing, or contracting business. In her opinion that she felt that it's compatible with some of the other, it is not an intensification of the previous use. So you can see here the outdoor storage of the landscaping business. Mayor Furlong: When was that picture taken, do we know? Kate Aanenson: September. Mayor Furlong: September, 2012? Kate Aanenson: I can look on this. There's probably dates on there. So for the decision on the Boards of Adjustment and Appeals it's, the interpretation was the following. That it's illegal intensification and it was not in existence at the time it became a non -conforming use. It's created additional impacts on surrounding properties. The commercial vehicles being parked on the lawns or trailers stored out overnight. Did not have vehicles being driven away in the morning and night. These other businesses didn't so that's why we separated the difference between these and the existing ones there and they were not, the businesses that operated within the building itself So with that we're recommending, I've separated these two motions. We'll address the other uses in a minute. So this would be the recommendation that we would put forward to you that you affirm what the Board of Appeals and Adjustments did as well as the staff and adopt the Findings of Fact. So with that I'd be happy to answer any questions on that first one. Mayor Furlong: Okay. Let's start with questions here. And this is just relating to the use... Kate Aanenson: I can go through the next one. I don't know which, maybe the City Attorney may want to weigh in. If you want to try to take them both at the same time or separate the two. Mayor Furlong: I guess I'd like, and defer to the council, I'd like to hear from the applicant rather than having them come up twice. Maybe just work in... 35 Chanhassen City Council — October 22, 2012 Kate Aanenson: Sure. Sure, we can go to the next one too so that would be that one specific use. Mayor Furlong: Yeah. Kate Aanenson: But then again the City Council has the authority to approve uses in there so we wanted to get a weigh in on what was in the building and have that documentation as we move forward so the applicant or change in use request requests that the K2 Electric Service warehouse, Lake Country Builders warehouse. Again the customer storage and the restoration artists remain in the former non -conforming uses so we documented in here, there's documentation of how long those businesses have been in here and that we believe that you know the intensity is less than the other ones so if you approve then the non -Conforming use may be changed to another non -conforming use and this is what's spelled out in the non -conforming section. As long as it's less intense and it's in the public interest and in all the instances the applicant has a burden of proof regarding the intensity. So looking at how those businesses are being used, they're a lot different. If you were to look at a repair business of electrical you could have quite a few trips coming and going. The way we document it when we put the level of service on it's just their one vehicle and the like. So with that we would recommend that you approve those non -conforming uses and those be the documented uses and we'd document how many vehicles there and the level of use. But if you chose not to do that and eliminate those then we would recommend that we come back with Findings of Fact to the other, if you chose not to support those uses. Mayor Furlong: Ms. Aanenson for clarification, was this issue put before the Planning Commission? Kate Aanenson: No because the Planning Commission doesn't have that jurisdiction review. That would just be your's. Mayor Furlong: Okay. And that actually came up as a part of the Planning Commission...? Kate Aanenson: Well what we wanted to do, as long as the neighbors were concerned about the whole thing, we've got all the documentation in front of us and kind of the one issue does roll into the other. We felt that it would be appropriate to address both issues tonight and so moving forward the applicant would then know what they could or couldn't pursue getting a tenant. Mayor Furlong: Okay. Questions for staff at this point and then we certainly will hear from the applicant as well? Councilman McDonald: I've got a question. Mayor Furlong: Councilman McDonald. Councilman McDonald: To the larger picture, the overhead that shows the entrances and in and out. Yeah, I think that one. Okay, is the problem because they're using the cul-de-sac there to, is that where the trips are generating the problem? 36 Chanhassen City Council — October 22, 2012 Mayor Furlong: Go in to the closer view if you could please. Thank you. Kate Aanenson: Well part of it is the fact that you have a lot more trips are associated with the residential zoning district and any time you have a number of trips being generated of a commercial business in a residential neighborhood where you've got kids at a bus stop. Additional trips. People that don't live in the neighborhood and coming there to get to a business in and out, it does provide conflict. And again the contractor's yard is one of the number one complaints we have regarding blockage of driveways. Again just conflicting noise. Hours of operation. If they're in early. Coming in late. Those are the problems that they conflict with the neighborhood. Councilman McDonald: Well I guess what I'm looking at is it looks as though there's another entrance in and out of the property. Kate Aanenson: There's a private drive to the north. It's not a public street. Councilman McDonald: Right. Okay but is that the Mrs. Carlson's drive? Could she use that for the property? Kate Aanenson: I think that would also be a conflict for some of the neighbors here because it's very narrow. Mayor Furlong: What's the topography there between the private drive and the street? Kate Aanenson: It drops down. Yeah. Councilman Laufenburger: Could you put your carrot on the high point? The high point is near the bottom, or is the high point near the top? Kate Aanenson: Towards the top. Councilman Laufenburger: Okay. Kate Aanenson: Some of the people that were complaining are in this address. I'm not sure that that would, what they're looking at would solve their problem. As the people on Bretton Way. Councilman McDonald: Okay which property does she own? Is it just that. Kate Aanenson: This piece, Mrs. Carlson. This piece and this piece. And this piece. Councilman McDonald: Okay. So actually the private drive belongs to someone else then? Kate Aanenson: She also owns access to the private drive. She has properties in the area. Yeah. 37 Chanhassen City Council — October 22, 2012 Councilman McDonald: And then what's the road that the private drive goes into? The, well north/south road. Kate Aanenson: This drive? Councilman McDonald: Yeah. Mayor Furlong: Teton I think. Is it not? Kate Aanenson: Is that Teton? Councilman McDonald: Okay, yeah. That helps. Kate Aanenson: Yeah Teton, yep. So you're internal in the middle of a residential neighborhood. Mayor Furlong: The main road there going north/south is Powers Boulevard, is that correct? Kate Aanenson: Right. As a general rule we have commercial businesses on minor collectors as opposed to a local street. Not in the middle of a, in a neighborhood. So you've got to try to find those compatible. Councilman Laufenburger: Were the resident, excuse me Mr. Mayor. Kate, were the, which building was there first? The, Mrs. Carlson's buildings or the buildings around there? Do you know? Kate Aanenson: Mrs. Carlson's buildings. I'm not sure this house may be around the same time. Some of these are older houses. Then you have Bretton Way, the new, that subdivision. All that is newer. Councilman Laufenburger: So those buildings that we see on the bottom of this picture, they are newer than the, then Mrs. Carlson's buildings? Kate Aanenson: Correct. Councilman Laufenburger: Okay. What's the total acreage that Mrs. Carlson has there, do you know? I bet Mrs. Carlson knows. Kate Aanenson: Yeah, I would say. Councilman Laufenburger: You can, we'll hold on that question. Kate Aanenson: I'm not sure. Councilman Laufenburger: I'll withdraw that question for the time being Kate. Thank you Mr. Mayor. 38 Chanhassen City Council — October 22, 2012 Mayor Furlong: Alright, any other questions at this point? Councilwoman Tjomhom: I have one question. Mayor Furlong: Councilwoman Tjorhom. Councilwoman Tjomhom: We're talking about non -conforming. Give me some examples of what would be conforming. Kate Aanenson: Well the. originally it was apartments. That's what it started off as and then it moved to people didn't rent the apartments and then they became kind of subletted into other types of uses so. We did give you, well we did give you that list what we thought would be, that's who she's got in there right now that we said would be compatible. Oops. That would be these uses. The K2. These right here. The Custom Charters boat storage. Kind of storage. Things that aren't generating that number of trips. Councilwoman Tjorhom: So it could still be used for commercial purposes? Kate Aanenson: Well I guess it's the interpretation, that's where we're saying of how many trips are being generated. Right. Indoor activities. Correct. Mayor Furlong: But in terms of the history, you say originally it was apartments. When did the, well I guess the question is, at some point the City Council approved the uses that were non- residential in nature, correct? Kate Aanenson: I'm not sure they did. I think they just evolved because we don't have a business license. They became non -conforming. Mayor Furlong: Okay. I thought there was some reference in the report to '95. That in 1995 that there was some action by the City. Kate Aanenson: No those were just, right. Over time there's been records of remodeling. Those sort of things. We do not have a business license requirement so unless someone notifies us that there's a business in there, we don't always know. Mayor Furlong: Okay. Kate Aanenson: And that would go anywhere in the City. Mayor Furlong: So it just says a list of tenants was provided in 1995. Kate Aanenson: That's correct. Mayor Furlong: That was documented. 39 Chanhassen City Council — October 22, 2012 Kate Aanenson: Correct. Mayor Furlong: And that the property at that time was considered a legal non -conforming? Kate Aanenson: Correct. Mayor Furlong: Okay. Roger Knutson: Mayor? Mayor Furlong: Yes. Roger Knutson: Just to clarify one thing. Mayor Furlong: Thank you. Roger Knutson: About what is a conforming use. This property is zoned single family residential district so all these are, none of them are conforming. The question is are they legally non -conforming. Mayor Furlong: Okay. Roger Knutson: And are you, and then the second question is are you going to allow substitution but none of them are conforming to the current zoning ordinance. Councilman Laufenburger: But Mr. Knutson the question that this council is to decide is, is that non-conformance a problem and are we going to not allow it making them illegally non- conforming or are we going to allow them meaning they are legally non -conforming. Roger Knutson: Right. The bigger issue is are you going to allow substitution of one legally non -conforming use for another non -conforming use. That's within your discretion. Kate Aanenson: If I may, that's actually two questions. The first one is, we believe there was a significant intensification of that non -conformity. The other one is we're trying to state what we believe was non -conforming and then we have that list there and you have the authority to substitute as you just stated. Non -conformity for non -conformity. But because it is residential we wanted to make sure that that level stays at kind of how it's been operating over the years. Mayor Furlong: Question Mr. Knutson or Ms. Aanenson. If the council took the action of disallowing any substitution then would that imply that that what was legal non -conforming in '95, unless there is, if there's no substitution in terms of tenants in this case since they're renters, that no tenants other than, no non -conforming tenants would be allowed to be substituted? Is that the effect of that decision? 40 Chanhassen City Council — October 22, 2012 Roger Knutson: That would be the effect but you would, under the ordinance, the question for you was, are the, the substitute non -conforming uses, do they create issues, greater issues than what was legally non -conforming. Mayor Furlong: Okay. Roger Knutson: If it doesn't create any greater issues it's the same issues then you would allow it but if you, if they're intensifying the uses or creating other undesirable aspects because of the new use then you would say no. Before you tonight we only have, staff has there's two. One, denying the one use and one approving the rest of them and if you wanted to deny all the current uses then we'd have to bring back findings at your next meeting for denial of that. Mayor Furlong: And the effect of approving the other uses and we'll keep the Greenscape separate for the discussion at the moment. The effect of approving those other uses then would be in effect allowing substitution of a same or a lesser intensity. Roger Knutson: Yes. Mayor Furlong: Renter or tenant. Roger Knutson: Yes. Mayor Furlong: Use. Thank you. Councilman McDonald: If I could then what I guess I'm confused about, if we go back to 1985 it sounds like this was never non -conforming. What's our baseline? In order to judge that this against. Because it sounds like even back then it should have been residential. Is that correct in '85? Kate Aanenson: It's zoned residential. Yeah. Mayor Furlong: Do we know when the zoning became residential? Was it, let me ask this question. Was the residential zoning prior to 1995? Kate Aanenson: Sure, yes. Mayor Furlong: Yes? Kate Aanenson: Yes. Mayor Furlong: Okay. So one way to look at your question Mr. McDonald, which is a valid one is, you know either at the time of rezoning or at least the stake that was put in the ground in 1995 where the uses were identified at that point. Councilman McDonald: Right. 41 Chanhassen City Council — October 22, 2012 Mayor Furlong: Would be two options. Councilman McDonald: Right, because if we're going to look at intensification I guess I would ask the question intensification of what? Mayor Furlong: From what. Councilman McDonald: Yeah, from what. Mayor Furlong: And at least we have a date in '95 which was, is one that we could look at or the date of the rezoning occurred when it became residential and these uses were. Roger Knutson: I think the, '95 is a baseline because we don't have any other baseline prior to that to know when it starts so we either said, we know that's what was there in '95 and we know it was non -conforming in '95 so we'll use that as the baseline. It might not be the correct baseline in the sense that whenever this started what was there, was it legal. I don't have the answer to that anyway. Councilman McDonald: Right but at least at that point we know what was there so that's establishes the baseline. Now we have something to judge whether they've intensified their non- conforming uses. Kate Aanenson: If I may on page, page 2 of your staff report in the background it gives the history of the timeline so in 1986 it was zoned residential single family and the first, then in 1987 it contains the two woodworking business and the Precision Motorcycle which we're still saying would recommend so those are, those are carrying through through the entire time. So then you go to 2001, you know 2009, those are the documentations that are in there. If you can fmd that, that was on the original staff report that went to the Planning Commission. Councilman Laufenburger: Planning Commission? Kate Aanenson: Planning Commission, that's correct. Mayor Furlong: Has anybody found that page in our packets? Councilman Laufenburger: I'll get to it real quick. Kate Aanenson: It's way towards the back. It's behind the Minutes. The additional attachments to it. Yeah. Todd Gerhardt: Mr. Mayor, as you identify intensify you don't look at the tenants, you look at the use and so the uses have changed be it, you want to bring the list back up there Kate. Kate Aanenson: I'm not sure where. This one? 42 Chanhassen City Council — October 22, 2012 Todd Gerhardt: Where you had builders. Restoration. So intensifying would be any type of use that would create more traffic. More employees than the uses identified. Councilman McDonald: And what do we know about those businesses, especially the woodworking because that's, that could be an intense business but I don't know. What do we know about it? Kate Aanenson: Well what we do know is that we haven't received complaints to date on that business regarding trip generation, noise, outdoor noise, that sort of thing. The other one, the use that we're addressing tonight, the landscaping business there was complaints regarding noise and trip generation. Councilman McDonald: Well let me ask you this because within the documents here Mrs. Carlson says that a lot of that was because that landscaping business was moving in and that's what caused the problem. Have you gone back after they've moved in and are they still a problem as far as traffic and you know is everything as it was with the initial complaint? Kate Aanenson: It's our opinion that it's an intensification and we believe it meets that criteria and I think the neighbors would say the same. Councilman McDonald: Okay. Mayor Furlong: Okay. It looks like, if I'm reading the staff report correctly that in '86 the property was zoned single family residential. In '87 contained 2 woodworking businesses, Precision Finishes and a motorcycle repair and it looks like for all intensive purposes they had the same use in '95. Kate Aanenson: Correct, thank you. I couldn't find, we put all the additional comments in the front of that and I couldn't find that staff report yeah but that was the history of that. Mayor Furlong: Alright, anybody that was listening to the questions that doesn't have access to the report. Alright. Any other questions at this time for staff? Otherwise let me invite the applicant, Mrs. Carlson or her representatives to come forward and address the council if you'd prefer. Naomi Carlson: Good evening, my name is Naomi Carlson. Mayor Furlong: Good evening. Naomi Carlson: My address is 5955 Cathcart Drive, Excelsior, Minnesota. Mayor Furlong: Thank you. Naomi Carlson: Do you want to ask me questions or shall I go? 43 Chanhassen City Council —October 22, 2012 Mayor Furlong: Well why don't you, if there are some comments you'd like to make to the council as a part of your appeal, please do that. Again what we're looking at are the uses. Naomi Carlson: Well yes, okay. Okay, I'll start with the one thing. I don't know where the apartment thing came from but it was built in the late 40's, maybe 50. 1950 but I think, we think late 40's. Mayor Furlong: Okay. Naomi Carlson: As a manufacturing business. It was called Precision Manufacturing Company and also out there at that time a little later was Pat Jensen's horse stables and it was never an apartment. It was always manufacturing. Mayor Furlong: Alright, thank you for clarifying. Naomi Carlson: Mr. McMann, the owner had several patents and they made parts for Honeywell and other people and at the time that they were, just before we bought it and he had kind of, he had gone into bad health and was selling off properties and wanted to sell the business. He had, we never asked, my husband at the time may have asked him how many employees they had but they had enough that they had a kitchen where they served meals to them and in fact while all the equipment was still there when we bought the place. You know we could have gone in and made a meal so it was before it, before Curry Farms was established by Centex it was, it had been a going concern and built for that particular reason. Mayor Furlong: Okay, thank you for clarifying that. Naomi Carlson: Okay. And I feel that Greenscapes never had a fair chance. I knew that the neighbors up to the north would be calling Bob, the City so I called Bob Generous that morning and said to him there'll be unusual activity, more activity for 2-3 days this week while Greenscapes is moving in and that very afternoon. He said thank you for calling. That very afternoon then he called me back and said it's an intensification of use and they have to leave and I felt that was highly unfair. They didn't even call a meeting with the 3 partners and myself and the city administrators to say let's talk about this. What's going to happen here because I was so confident that they would work out that I, like I say called Bob Generous myself and I would just ask that you give my testimony and all my words the same credibility that you give to the Story's who are my neighbors and so that's another, that's a story of the Story's but so I, we hadn't even had a chance. Greenscapes and I to work out the parking and they would only have 2 trailers and 2 trucks there overnight and they're taking the space of 3 former tenants so if you had 3 other tenants in there and 2 cars, if there were 2 employees or 1 employee or whatever coming and going it's the same, it's not an intensity. It's just a different type and I would like to read the City's definition of contractor's yard which is, that's what they, when Bob called me back and said it's a contractor's yard. Contractor's yard is used by building, excavation, roadway construction and I'm going to skip this one for a second and similar contractors. And then they've got landscaping. They, Greenscapes is not a landscaper. They don't have the, they go out and mow lawns and in the summertime they, or excuse me in the wintertime they, the 3 partners snowplow from their homes and they all live probably 30-35 miles apart and they're not 44 Chanhassen City Council — October 22, 2012 going to get up at 3:00 in the morning and come over to there. They'll have their trucks at home and they plow from their homes so there'll be hardly any, anybody coming and going there in the wintertime. Maybe occasionally one of the partners might come to fix something or you know do something but they, they'd run the business from their home, the 3 partners and there's no other employees that snowplow. So I feel like we didn't have a fair chance to talk about parking. Where they were going to park. Rearrange and screen with nice vegetation. Where they would be parking so it just, within a matter of a few hours we got the word they have to go so of course I appealed it so I am asking that maybe, oh this is what I would like to have. If you could, within 5 years I'm going to be making some major life changes and, and so by the end of the fifth year most likely, maybe even sooner I probably won't own the building. And well incidentally people have said to me well how come you haven't gotten a hold of a developer. Well a developer hasn't contacted me, not even when Story's property and the adjoining Natole property were for sale, if a developer wanted to develop all that property that would have been a perfect time to have approached me. I don't know whether he approached Natole's or Story's or not. Anyway so I would be making some major changes within 5 years and I would like to ask that you give Greenscapes a chance for 3 to 5 years. 3 years is about the least that it would be worthwhile for them to move in and do the fix up that they want to do and help me to do some work there. They're willing to use their manpower to help me, and I will supply materials and I really appreciate that and it would I think make the neighbors very happy and incidentally on the picture that you had up there, that road up on the hill there. It belongs to my property. The easement has on the Story's and Rob Rabe have easements back to there. To the back of my property. 14 foot easement and I really think that's where it all started. Mr. Story wasn't allowed to use my easement to develop his property into 4 lots and so it's like been downhill ever since between us so. Mayor Furlong: So again, excuse me Mrs. Carlson. The issue before us tonight are uses. The property uses or the tenant uses for the property so. Naomi Carlson: Right. Mayor Furlong: So your request is to allow it to continue as it is now for 3 to 5 years? Naomi Carlson: Yes, yes and the Greenscapes is so, so willing to work with anybody to keep peace and make the place look really nice and a couple of those cars that are in the parking lot, they belong to the 2 tenants in the back so, and nobody can really see and when they talked about blocking driveways, nobody was blocking any driveway except maybe when they were moving in that day and that's my driveway. That's their driveway. It's not a public road that they would be even blocking and that's what is being circulated so yes, for between 3 and 5 years would be a good time and if you're not happy and the neighbors aren't happy we will do our very best to satisfy everybody. Mayor Furlong: Any questions for Mrs. Carlson? Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes, Mr. Laufenburger. 45 Chanhassen City Council — October 22, 2012 Councilman Laufenburger: Mrs. Carlson, how big is your property? How many acres? Naomi Carlson: It's about an acre and a half. Councilman Laufenburger: Okay. And when did you acquire the property? Naomi Carlson: 1983. Councilman Laufenburger: '83. And at that time, is your residence, on the screen, is your residence the building on the left? Is that correct? Naomi Carlson: No. I live in Shorewood actually. Councilman Laufenburger: Okay, Cathcart. Is that a residence or is that part of the? Naomi Carlson: Over the top, the portion of the top there's a residence. Councilman Laufenburger: That building right. Naomi Carlson: One bedroom cottage I call it and 4 garages. I rent those out. Councilman Laufenburger: Okay. So 2 separate buildings. The one building has work space underneath with a residence on top. Is it currently occupied by renters? Naomi Carlson: Yes. Councilman Laufenburger: Okay. And then the longer building is the four, which you say are the garages or the work spaces, is that correct? Naomi Carlson: Garages are up by, under the, with the cottage. It extends out. The cottage is above a garage and laundry room and they are 4 garages along side it. Councilman Laufenburger: Okay. The long building, which looks like it could be a long bowling alley, that's actually 4 separate. Mayor Furlong: Units. Councilman Laufenburger: Units. Naomi Carlson: Yes. It was all one when we bought it and never did even separate out the electricity's, you know the utilities. Just kind of figured out how much per space each person would have and I couldn't really afford to separate out utilities into 4 different spaces so, yes. Councilman Laufenburger: Okay. Alright. And you said that the Greenscapes is occupying, or is intending to occupy 3 of those 4 units, is that correct? 46 Chanhassen City Council —October 22, 2012 Naomi Carlson: Up above, yes. On the back side. Mayor Furlong: On which building of the two? Naomi Carlson: The long building. I call it the factory building. Councilman Laufenburger: You call that the back building. Mayor Furlong: Because that's a two story building. Naomi Carlson: Well, excuse me. Excuse me. There are two, there's 2 driveways. There's the one down by the cul-de-sac that you can go into the first level. Lower level and, or you can go along side the building or go in that first driveway north, south, east, west. West. West. West of the factory and go in that way and you can't see it but there's a driveway behind that building. Mayor Furlong: It's a two story building on the... Naomi Carlson: Yes. With both of them having ground level access. Councilman Laufenburger: Okay. Thank you Mr. Mayor Mayor Furlong: So that's the back. Councilman Laufenburger: This is looking at the building from your private, from the private drive. Naomi Carlson: Yes. Councilman Laufenburger: From the north. Looking in a southerly direction. Okay. So one more thing. This is a peaked roof. Is there a wall down the middle of that building so that there are units on both sides of the peaked roof or does the unit go all the way through? Naomi Carlson: No it's only, it's only inside 15 1/2 feet wide so. Councilman Laufenburger: Okay. So each unit occupies the full width of that. Naomi Carlson: Yes. Councilman Laufenburger: Got you. Thank you. Mayor Furlong: Any other questions for Mrs. Carlson? While you're here, Ms. Aanenson and Mr. Knutson, Mrs. Carlson's request of allowing this use for 3 to 5 years. Does that create property rights that would be available to a buyer of the building at that time as well? Or have the potential for doing that. 47 Chanhassen City Council — October 22, 2012 Roger Knutson: It doesn't, you really would need a written agreement rather than just a resolution to do that because the ordinance doesn't have that kind of option in it. It's before you and the ordinance now says will you allow the substitution or will you not and you can allow it if it doesn't intensify the use or create other bad characteristics than were already there. Mayor Furlong: So there isn't the ability to allow it for a period of time. If it's allowed tonight. Roger Knutson: It's allowed. Mayor Furlong: And if it's allowed on into perpetuity. Kate Aanenson: Right. Roger Knutson: Yes. Kate Aanenson: If I may Mayor, that was one of the staff's concerns was some of the unintended consequences of trying to be you know proactive or say you know that it wouldn't matter for the short term but if you're going to sell it those become the now the legal uses in the site and those are the ones we know are harder to get out because there's people want to be in these kind of places to maybe paying a different rate than somewhere else. Naomi Carlson: Could that be a conditional use permit or something because I know that those don't go with the property do they? Kate Aanenson: This isn't set up that way because it's non -conforming. Roger Knutson: Mayor, the only other thing I can think of, if you, right now we're operating under a timeline but if you for whatever reason thought it would be appropriate you could continue this matter for 3 months, 6 months if the property owner agreed to the continuance and then you could look at the facts then if you think maybe you'll know more in a few months. I don't know, I'm not putting, I don't know that you would but if that's how you felt. Mayor Furlong: Understand. The purpose of my question was trying to understand the request and the ramifications of the request is all so. Any other questions? Councilman McDonald: Well if I could on following up on what Mr. Knutson is asking. If I understand your correctly over the next 3, 4 months there really shouldn't be any activity in there anyway because Greenscapes is done as far as cutting. Naomi Carlson: That's right. Councilman McDonald: And now anything as far as plowing and those things will be done from a different location. Naomi Carlson: Yes. 48 Chanhassen City Council — October 22, 2012 Councilman McDonald: So really over the next 3 to 4 months there shouldn't be any activity here. Naomi Carlson: That's right. Kate Aanenson: I don't want to be the skeptic but if someone has 3 months to make sure there's no problems I think that could be accomplished and then what you know? Audience: They've already had 3 months. Kate Aanenson: So I would just be concerned about trying to administer that to say you know how's, you know maybe the summer months are different. Mayor Furlong: There's some challenges there. Kate Aanenson: There's some challenges and I just some unintended things that we might not think, you know if they know for 3 months that you know they are on their best behavior then it comes back in and yeah. Naomi Carlson: Could I address that? Mayor Furlong: Any other questions? Naomi Carlson: Could I address that please? Mayor Furlong: Certainly. Naomi Carlson: That really wouldn't make a lot of difference to Greenscapes because they need to know that they can be somewhere long term. They have a big quonset but out near Glencoe I think they said that, please don't deny it but if it should be denied you know there's no need in them paying rent for the next 3 months or 4 months so because they have to have a space where they can count on being there for at least 3 years. Mayor Furlong: Okay, that's good information to have. Very good, thank you. Any other questions for the applicant? Kate Aanenson: I just want to point out some, just some of these issues that arise. We've had some of these landscaping business, snowplowing business that want to be in town that you know kind of set up on the back of church parking lots and we get the calls from the neighbors who aren't expecting it. 4:00 a.m. that people are mobilizing so we just have a history of this type of uses so that was our concern right out again. I'm not saying that Greenscapes is operating the same way and they might be all driving from their homes, it might be that way for a while but as the use is successful, and we certainly hope that they are, sometimes things that we don't think would happen may happen and then that's what we're concerned about that type of use and. 49 Chanhassen City Council — October 22, 2012 Mayor Furlong: Okay, thank you. Mrs. Carlson I do have one question for you and maybe it's an inconsistency Ms. Aanenson when you had your, of the other existing uses that I think were, back up one. That one right there. In looking at your email Ms. Carlson of October 11'n it included an Andrew Clark identified as having leased since 2011. Is he still there because I didn't see him on this? Naomi Carlson: Yes, he's still there. Mayor Furlong: Okay, so because the other ones, Restoration and Custom Charters, Lake Country and K2 were all on your email from October 11`n Naomi Carlson: Wasn't Andrew on there? I thought he was. Mayor Furlong: Andrew was on your email and I just didn't see him here. Naomi Carlson: Oh, okay. Mayor Furlong: And that might have just been an oversight so just wanted to confirm that all those are still there. Very good, thank you. Naomi Carlson: Is that it for me? Mayor Furlong: I think so unless anybody else has any other questions. Appreciate it. Naomi Carlson: Okay, thank you. Mayor Furlong: Thank you. Sara Harvey: May I come up? Mayor Furlong: Who are you? Sara Harvey: I'm Sara Harvey representing the Story's. Mayor Furlong: Okay. Sure, just for public comment. Okay, that's fine. Thank you. Especially, we do have just. Please come forward. Just to clarify we do have copies of the Planning Commission minutes, verbatim minutes so we have all those comments so really what we'd be interested in is anything new or that's changed or different since the Planning Commission. Sara Harvey: Okay, absolutely. Before I start with my comments I just want to make a couple. Mayor Furlong: And then I'm going to, if you could state your name and address for the record for people. 50 Chanhassen City Council — October 22, 2012 Sara Harvey: Oh I'm sorry, Mr. Mayor, City Council, my name is Sara Harvey representing the Story's at 6281 Teton Lane in Chanhassen and just to make a couple clarifications before I begin with my comments. So if you, you can see on this picture here. The private drive that was mentioned is an ingresslegress easement that was put in for the purpose of accessing this private residence here. When there was a comment made about coming in and potentially using that driveway to access the building, there's actually a quite steep grade there that we've been told in the past is the same grade as what goes from our property to Powers Boulevard and is too steep to drive down. Here's another showing the topography and the grade is about 30 to 35 so it would actually be a danger to drive from the private drive down to the building so I just wanted to clarify that. Mayor Furlong: Okay, thank you. Sara Harvey: In addition here's, you have these pictures in your packet but right before we left Teton tonight there was 2 trucks parked behind there and just to clarify the plow trucks have also been parked there already. We had pictures of that in the packet and the use has not gone down from when they were moving in. They're coming and going and some of the other neighbors will want to get up and speak to that but part of the concern is they're coming and going out of this cul-de-sac. You can see in this picture here. They're coming°and going out of this cul-de- sac very close to where the children stand at the bus stop in the morning and there's quite a lot of activity both in the front of the building and behind the building. Here's another picture of the multiple trucks and vehicles parking on the grass. Not on the driveway behind the building. So we would respectfully request that the City Council affirm the Board of Appeals and Adjustment's determination that Greenscapes Lawn Care is an intensification of the non- conforming use and must vacate the property. And in addition we would also ask that the council not approve the change in the non -conforming uses to allow the other, the other tenants to stay there as it's not in the public interest so according to the City Code if approved by the City Council a non -conforming use may be changed to another non -conforming land use of less intensity if it is in the public interest and in all instances the applicant has the burden of proof regarding the relative intensities of uses so regardless of the intensity, from what I understand of that the non -conforming land use may only be changed if it's in the public interest, which we don't believe that it is. Part of that is due to the disrepair of the building and the traffic generated by the commercial use of the building regardless of the type. This is especially true given that the building's in the middle of a residential neighborhood where a large number of school aged children reside. Somehow if it could be argued that allowing the tenants of Bretton Way to remain would be in the public interest the code also says that the land use must be changed to another non -conforming use of less intensity and the applicant has the burden of proof regarding the relative intensities of use so what I believe is, I don't believe that the landowner has actually provided any proof that the new intensities are less. In addition Greenscapes Lawn Care is a significant intensification of the use of the property. There's never been multiple vehicles, trucks, trailers, lawnscape equipment, land equipment parked in the driveway and behind the building. There's been very smaller number of people that have rented the back doors in the building or driven on the back driveway. In addition the situation with Greenscapes actually recently escalated to threatening behavior of the Story's. On October 9'h. 51 Chanhassen City Council — October 22, 2012 Mayor Furlong: And what I need to do is we're focusing on the uses here so if there are other extenuating circumstances that are civil or criminal in nature, that's really not involved this evening, thank you. Sara Harvey: Okay. So because the purpose of this meeting has been expanded since the Planning Commission to include the approval or disapproval of other current tenants of the building we believe there are other relevant facts that should be brought to your attention. These are relating to public interest. Mayor Furlong: With regard to the uses? Sara Harvey: To the uses. Mayor Furlong: Thank you. Sara Harvey: And this being in the public interest. So the disrepair and structural integrity of the buildings on the property could pose a threat to public safety and may fall under the definition of hazardous building or hazardous property as defined in Minnesota Statute 41653 and the definition of a nuisance, Section 13, Article I of the Chanhassen City Code. So we believe that it is important the building owner be held accountable for the condition of the buildings and the multiple code violations as they pose a threat to the safety of the residents of the neighborhood and the tenants of the building so just to name some of the things in the pictures that are in here are the broken windows, the crumbling stairs, the questionable foundation, pest infestation, potential asbestos and/or lead contamination and an abandoned well house in disrepair. Because of the danger and disrepair of the building we're concerned about the quality and safety of future tenants of the building, especially with the recent behavior of Greenscapes. This building and some of it's tenants activities are a threat to the safety and quality of life for the residents in the neighborhood and we respectfully request that you take this under consideration in your decision. On one last note the city staff determined that a custom woodworking business would fall under the previously approved non -conforming uses of the building. I don't dispute this point but I would like to request that the owner of the building be asked to prove that the tenant Andrew Clark is in fact a custom woodworking business as our observations have led us to believe otherwise. For example by producing a Schedule C or other business records as proof, so thank you for your time. Mayor Furlong: Alright, thank you. Any questions for Ms. Harvey? No, thank you. Sara Harvey: Thank you. Mayor Furlong: Ms. Aanenson, question with regard to the statements about the disrepair or the condition of the building. Is that an issue before us this evening or? Kate Aanenson: It's not before you but we're working on that separately. Mayor Furlong: Is that a staff issue? 52 Chanhassen City Council — October 22, 2012 Kate Aanenson: Yes, the building official has been working with Mrs. Carlson regarding some of those issues, correct. Mayor Furlong: Okay. Alright, thank you. Thank you. Again I don't want to revisit the public hearing that happened at the Planning Commission. If there's new information related to the appeal here that given tonight I'd certainly entertain public comment but not looking for a repeat of the Planning Commission public hearing because we do have, and the reason not is pretty simple. We've already looked at those comments and read those comments. We have verbatim minutes so is there anybody else that has new information? Mr. Zbinden, good evening. Please state your name and address for the record. Welcome. Marcus Zbinden: I'm Marcus Zbinden. I live at 6460 Bretton Way. Mayor Furlong: Thank you. Marcus Zbinden: And I just want a real quick comment. I wasn't at the Planning Commission meeting. I'm not sure what was stated there but I just want to agree with what was just said and I'll leave it at that. I do have some concerns that pretty much are identical with what was just stated here so that's all I wanted to mention. Mayor Furlong: Okay, we appreciate that. Thank you. Anyone else with additional new comments? Great, thank you everyone. Let's bring it to council for discussion, thoughts, comments. Really two issues before us as I hear it this evening and if there are more please correct me but one is the use by Greenscapes and the other is the use by the other tenants that have been identified in Ms. Carlson's email and then with her, the information that she's provided in terms of the nature of those tenants and their businesses. Thoughts and comments. Somebody start or I'll start calling on people. Mr. McDonald. Councilman McDonald: Well okay. This is, well it's rather difficult and yet at the same time it's pretty clear cut. I guess the thing that I was looking for that I'm not sure I've seen is, if we look at a baseline as to intensification, I'm afraid the only baseline that I see is that I can only measure based upon traffic that would have been coming in and out of the property from the other businesses and I just don't see that with the other businesses so what Greenscapes has done is definitely intensified the traffic. It may only be in the morning and the evening but again that's when they collide the most with the residents because that's when kids are going to school and that's when people are coming home from work. I'm just missing from the applicant that that intensification has been there since either 1986 or 1995, whatever the baseline's going to be and I just, I don't see that part of it. I hate to tell her that you know you're going to lose a tenant and therefore income and I'm not sure what position that puts you in as far as the rest of the property goes but right now from everything I can see and you know the questions that we've asked I just, I do see an intensification and it's just because of the traffic. The issue of contractor's yard, that's just a term. Again what I'm looking at is the use of the property and the use on the property. Has that become more intensified to where now it becomes more of a burden to the surrounding area and at this point from what I can see the answer is yes it has. Mayor Furlong: Thank you. Other comments. Councilwoman Tjomhom. 53 Chanhassen City Council —October 22, 2012 Councilwoman Tjomhom: This is a very complex issue I think and it's very emotional. I can feel it on both sides and so I'm going to proceed cautiously with what I'm saying but I agree with Councilman McDonald about the intensification of usage and that it is an intensification with Greenscapes. And the issue of the use of other tenants, I mean to me it's pretty black and white that it's a non -conforming use right now in a residential neighborhood and that's a problem. I don't think we're going to solve that here tonight. I think the applicant needs more time to maybe work out some of those details and work with staff to figure out what her options are because I certainly would hate to take away someone's income and so my suggestion would be to agree with city staff when it comes to the intensification of Greenscapes but then give the applicant time to work with staff to figure out a resolution to this situation to where the neighborhood and the owner can somehow be in harmony together with whatever, that use of that building is because right now it seems to me that it's residential and it's not a residential building and so it would have to be, go back to commercial and I think that's something that we still need a little bit more time to iron out those details and see if that's even something that's workable. Mayor Furlong: Okay, thank you. Councilwoman Ernst, thoughts. Councilwoman Ernst: Before I make my comments, Kate can you tell me so in 1995 this, or is it 1985 when it was zoned as residential? Kate Aanenson: '86. Councilwoman Ernst: '86. And so if it was zoned as residential my question is, how did it become what it is today if it's zoned residential? Kate Aanenson: Because it was, as she stated it was being used as a commercial precision machine shop so when she bought it that's how it was being used and there was other tenants in there and so the level of those types of uses have changed over time and who's in there and who's out and that's what we're trying to document. Councilwoman Ernst: So does that in itself make it non -conforming? Kate Aanenson: Yes. Because it's residential now. Yes. So just to, just non -conforming in general. The goal with non -conforming is at some time they cease to you know exist and something that's correctly zoned works in that neighborhood so. Councilwoman Ernst: Well, and here's what I'm struggling with with that. So I'm thinking you know if my husband decided to start rebuilding motorcycles in our garage, is that considered? Would that have to be. Mayor Furlong: Strictly hypothetically. Councilwoman Ernst: What's that? 54 Chanhassen City Council — October 22, 2012 Mayor Furlong: Strictly hypothetically. Councilwoman Ernst: Yeah, strictly hypothetically, yes. Let me make that clear. But does that mean then that it would have to be rezoned to make it commercial or would that still be residential? Kate Aanenson: No. I think we just saw that last time with some of those accessory structures that people have for, you know if you have outside employees. People have all kinds of hobbies that they do. Working on cars. You know woodworking. Pottery, those sort of things are all associated. I think the complexity I can see kind of where we're having the divide in my thinking of trying to resolve this in one meeting, I think it may be more prudent to separate the two issues and one, address the intensification now and then give the staff some time to work with the applicant and try to you know go do a little bit more research on some of those uses. Maybe work with the neighborhood and find some reasonable approach if they were to come back and say are these consistent with what some of those non -conforming is and that's kind of what I'm hearing some of the concern from the council. Councilwoman Ernst: Yeah. Kate Aanenson: And I think if that's the way to go maybe just separate those out and we can come back at a later date as the City Attorney said and try to resolve some of those to find compatible uses with what would be consistent as we stated in the non -conformity. Councilwoman Ernst: Thank you because that was kind of where I was going to go with that. Kate Aanenson: Okay, I could tell. I think that's the same thing that Bethany was thinking too in trying to resolve that issue. Councilwoman Ernst: Thank you. Mayor Furlong: Other comments, Mr. Laufenburger. Councilman Laufenburger: Kate, when the, when this area was zoned single family residential in 1986 it obviously was a zoning change. Correct? Kate Aanenson: Correct. Councilman Laufenburger: What was it before that? Kate Aanenson: I don't know. It might have been agricultural at the time because that Curry Farms went in. There was some, I'm just trying to go back to that map that was. Councilman Laufenburger: There were some horse stables Mrs. Carlson said. Kate Aanenson: Yep. Yep, and they used it for a while there were some of those larger lots were used for that. There's larger lots in this area. I think what happened at the time when it 55 Chanhassen City Council — October 22, 2012 went residential single family there was an assumption that some of those land, some of those larger lots would be assembled and subdivided and that didn't happen. Could it still happen? I guess that's kind of that challenge I think Mrs. Carlson is saying too. Maybe in the short term try to sell that property. When you have vested non -conformity it's harder to get those uses to change because they don't want to move somewhere else and that's some of that level of complexity. You're trying to find a reasonable use of the property. As we do with interim uses try to give a reasonable use to the property but ultimately when a higher and better use comes in it is economically feasible for those properties to move down the road so the challenge here is to find a way to make that work. Maybe just address the one issue now and then let the staff work and try to find some of those uses that would be consistent and bring that back for your consideration. I think the intent was that these properties, as they said, Mrs. Carlson, Natole's, that some of these properties would be assembled and subdivided. Councilman Laufenburger: Yeah. I think my mind is thinking a little bit like Councilwoman Ernst. Here's a property that prior to 1986 was operating, I'm going to use the term, it was okay. I don't know if it was conforming or legal but it was okay operating as a precision machine shop or a series of shops and all the single family homes were developed around it. And here's a property owner who wants to continue to operate the way it had been since perhaps as early as the 1950's or 60's. I would agree with Councilman McDonald and Councilwoman Tjornhom that Greenscapes is an intensification and I don't think 3 months would change that. It's going to be busy next season so I think it's an intensification and that would be, I would support that decision. But the other property, the other uses that are outlined in the applicant's email of October 11`", K2 Electric, Lake Country Builders, Custom Charters, Bemm Restoration and Andrew Clark. It would seem to me that we should work with the applicant to figure out how those, the uses, those uses that she has there are consistent in intensity with that which was in place in 1995, which I think is the baseline that we're referring to. Is that the baseline? Yeah, when Mr. Kirchner went out there and did the inspection. Kate Aanenson: Yep. Councilman Laufenburger: And the issue of whether the building is safe or not safe, that's not something for the City Council to deal with. Kate Aanenson: Correct. Councilman Laufenburger: I think the use is, I'd like to figure out how we could get those uses in line or agreeable. Kate Aanenson: Agreed, yep. Councilman Laufenburger: That's my last comment. Thank you Mr. Mayor. Mayor Furlong: Thank you. I think the, I appreciate everyone's comments and thoughts and we probably have a good path suggested by Councilwoman Tjomhom here for this evening. One comment I think we can take action tonight with regard to Greenscapes and I think in fairness to Ms. Carlson, I think in fairness to Greenscapes as a business in town and others we should take 56 Chanhassen City Council — October 22, 2012 action on that. I think it's, from the information that's been presented in the staff report and comments made at the Planning Commission and here tonight, I think it is an intensification of the use and therefore is causing a problem and really in a large fact is one of the reasons why we're talking about it tonight because when I look back at the list of the other tenants in the building and the dates of their leases initiating, some go back as far as 2002. The most recent with Mr. Clark was in August of 2011 but it was August of 2012 with Greenscapes starting as a lease when this issue came before us and so to me that's probably one sign, if nothing else that there was an intensification. I'm certainly comfortable and would encourage staff to work with the residents, work with Ms. Carlson to talk about some of the uses. The, and perhaps part of that information is just verifying the information that's been presented tonight because when I look at the descriptions of the current tenants, which are warehouse uses and storage and workshops, and then compare it to the types of businesses, a precision machine shop, woodworking, which is very similar, and then motorcycle repair, on the surface it appears that there has been, that it is not intensified and in fact gone in the other direction and it's less in terms of the types of uses but even with the warehouse or storage if there are multiple daily trips to access the goods that are needed just by warehouse by itself or storage by itself, it's really the frequency with which people are coming and going and I think that's where I'm hearing a lot of the issues and that's traffic. Commercial traffic in a residential neighborhood so I'm comfortable giving some time to identify those but I think really that's going to be the drivingfactor. What I would hesitate is anything so prescriptive that we have people counting cars coming and going because I don't think that's going to ultimately cause the benefit that we're all looking for which is how can we take a non -conforming use that has been there before the houses were built and people moved in as homes and are looking for a residential neighborhood and somehow find a way to make two uses that are incompatible more compatible and try to work together so I don't think we're going to do that tonight. I agree. I think spending some time to do that since the issue has come forward makes sense but I do think it's appropriate for the council to consider action on the first aspect which is consideration of the, whether or not the Greenscapes Lawn Care is an intensification. If so, would not be allowed. Is that fair from a staff's standpoint? Kate Aanenson: Yeah, I've a couple questions for the City Attorney. Mayor Furlong: Certainly. Kate Aanenson: Since Mrs. Carlson, we did ask for an appeal or if you had an interpretation on the non -conforming uses, there's a letter to that. I'm not sure we're on a clock on that. And then secondly the Findings of Fact for the denial of the first did include some of the other uses in there so we may want to modify the Findings of Fact on that. Roger Knutson: Yes and yes. Kate Aanenson: Okay. Mayor Furlong: Is that something we want to do tonight or is that something. Kate Aanenson: Well we can just recommend that we come back with Findings of Fact for the next meeting. 57 Chanhassen City Council — October 22, 2012 Roger Knutson: We'll bring back Findings of Fact for denial of the one item. Greenscapes Lawn Care at your next meeting. Mayor Furlong: And that's the first paragraph of the proposed motion and then the second paragraph would tabling that? Kate Aanenson: That's my question. Mayor Furlong: The appropriate action and is there a timeframe that that needs to be. Roger Knutson: On the first item there is a timeline so. Mayor Furlong: That's relating with the Greenscapes and we can take care of that this evening. Roger Knutson: Right. You can take care of that this evening. Kate Aanenson: Yep. Roger Knutson: You can move, if you choose to, to deny the appeal to uphold the Board of Adjustment, the Planning Commission's decision and then direct preparation of findings for your next meeting consistent with denial. Mayor Furlong: And then for the second item we could table that to a future meeting? Roger Knutson: You can table it, yes. Mayor Furlong: And are we working under a timeframe there that we need to bring that back? Roger Knutson: No. Mayor Furlong: Okay, so in a reasonable time period. Kate Aanenson: Yes. Certainly we'll try to set up a neighborhood meeting. Mayor Furlong: Okay. Alright, thank you. Would somebody like to, if there's no further discussion would somebody like to make an attempt at that? Kate Aanenson: Let's see if I can find the right motion here. Whoops. Mayor Furlong: Let's start with the first motion. Councilman McDonald: Sure, I'll try. Mayor Furlong: And then this, what's on the screen right now relates to the. 58 Chanhassen City Council — October 22, 2012 Kate Aanenson: Right. Mayor Furlong: Is consistent with the staff report? Kate Aanenson: Yeah, except for we want to take out adopt to say prepare the Findings of Fact. Mayor Furlong: And to make it, okay. And the Board of Appeals and Adjustments, just for clarification before we receive a motion, that only dealt with the Greenscapes Lawn Service. Kate Aanenson: That's correct. Mayor Furlong: Or lawn care use. Kate Aanenson: That's correct. Mayor Furlong: Thank you. Mr. McDonald, recognized for a motion. Councilman McDonald: Okay. I make the motion that the Chanhassen City Council affirms the Board of Appeals and Adjustments determination relating to Greenscapes and to provide the Findings of Fact and just the Findings of Fact. Mayor Furlong: Okay, let's start with that as a single motion. Is that sufficient Mr. Knutson? Roger Knutson: That's find. Just so we're clear that's, you're directing staff to prepare Findings of Fact and bring them back to your next meeting. Councilman McDonald: And bring them back next meeting, yep. Mayor Furlong: Thank you. On this action is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on this motion? Hearing none let's proceed with the vote. Councilman McDonald moved, Councilwoman Ernst seconded that the City Council affirms the Board of Appeals and Adjustment's determination relating to Greenscapes Lawn Care and direct staff to prepare Findings of Fact to bring back at the next City Council meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Let's go to a second motion now which would be a motion to table I think would be in order. Councilman McDonald: I make a motion that the Chanhassen City Council table, I'm losing my motion. That the City of Chanhassen tables a determination that K2 Electrical Services, Lake 59 Chanhassen City Council — October 22, 2012 County Builders, Custom Charters and Bemm Restoration are not uses in the public interest and that staff bring back to City Council findings so that we can make a determination in the future. Councilwoman Ernst: Second. Mayor Furlong: Thank you. Motion to table is generally not discussable but I would ask if there's any questions on clarification to the motion. Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes. Councilman Laufenburger: In the applicant's October 110' email the business Andrew Clark was mentioned but it's not mentioned in this proposed motion. Mayor Furlong: Thank you. Councilman Laufenburger: Ms. Aanenson, can you clarify that for us? Kate Aanenson: Sure, I think our goal is to, from what I heard the council was to try to find some like minded uses. One, to get the level of intensity and try to find a like minded uses that would be acceptable to the council and to the neighborhood to consider as that kind of that list of uses of, that would be. Mayor Furlong: Like minded or less intensity. Kate Aanenson: Yes. Mayor Furlong: I think point of clarification though from Mr. Laufenburger which is appropriate. The staff, the motion that Mr. McDonald you read did not include. Councilman Laufenburger: Andrew Clark. Mayor Furlong: Andrew Clark which we confirmed with Ms. Carlson is still there so Mr. McDonald if you could just add that to, are you comfortable adding that to your motion? Councilman McDonald: ... I accept that. Mayor Furlong: Yeah, and Councilwoman Ernst? Councilwoman Ernst: I will accept. Mayor Furlong: Thank you. Thank you for clarifying that. Any other points of clarification or questions? If not we'll proceed with the vote on the motion to table that's been seconded. 60 Property Card Taxpayer Information Taxpayer Name NAOMI RUTH CARLSON Mailing Address 5955 CATHCART DR EXCELSIOR, MN 55331-8916 Property Address ... ..:....Address -..... 6397 BRETTON WAY City CHANHASSEN, MN 55317 Parcel ID Number 256820030 Parcel Information Uses Industrial GIS Acres 0.30 Res 1 unit Tax Acres Plat RLS 28 Lot Block P/O TRACT B DESC AS: COMM AT NE CORN TRACT B, TH S ON E LINE 197.74`, TH Tax Description S88'W 376.7'; TH S1'E 65.3370 PT OF BEG. TH N1'W 51.33'; TH S88'W 101.74'; TH N77`W 60.97'; TH N67•W 66.07'; TH N85'W 35.67' TO W LINE OF TRACT, TH SLY ALONG W LINE 24.71' TO INTERS Building Information Building Style 1 STORY Foundation Sq Ft 600 Bedrooms 1 Year Built 1940 Finished Sq Ft 600 Bathrooms 1.00 Other Garage Y Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0276 WS 062 MINNEHAHA CREEK Y N N Assessor Information Estimated Market Value 2011 Values 2012 Values Last Sale (Payable 2012) (Payable 2013) Land $97,900.00 $93,700.00 Date of Sale 04/14/1992 Building $39,300.00 $38,500.00 Sale Value $0.00 Total $137,200.00 $132,200.00 Qualified/ U _ Unqualified Disclaimer. This information is to be used for reference purposes only Caner County does not guarantee accuracy of the mateiial contained This and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03. Subd. 21 (2000). and the user of this service acrmowletlges that the County shall not be liable for any damages and _ expressly waives all claims, and agrees to defend, indemnity.. and hold harmless the County from any and all claims brought by User. CARVER its employees or agents. or third primes which arise out of the users access or use of data provided. COUNVTY Thursday, November 08, 2012 Carver County, MN Page 1 of 1 APPROVED RE IEWED FOR CODE Cf)YtR ` jWPCT TO , ALI. JtrISssC f'f«J� 770000 H'F: F't Al- REFW'f C;Wi rJrpT: L iU r'•B€�CKFI-LL iNS'PEC. 1 DAT4 IC_j C.. C/ _. (44�Rtij SH EA (;Z --- BY: lNSUL:AT14DN _ DEPT, s _LATH DATE: i I f D7 —DR XZI / lo�Ss 1 •3. BEF}/Z ltv /r o f Soon r/{ f .'NoR i/a r — — — — — _ 67 - Ff mef E S10E n2cAE4tT L/NES � � ++ rL�,S/qE 7` PAA t}LLEL Ta 5o.t k Lo !E FRatu r t HERR Pg-opr-4 rY Lru s , \0 �Lt nJ Q 9 0 ,�1 u lrL E TO S t O E \ o pp C[TRININ _ 107 r- � r � ! �J H � rk ea Of JOAV� Ya' o� �NokgE Iu G 9' aAl�QA(rE ADIT/0/v r Ifo, 700 0 �I t, v T o LN ILi'w I fi�,- oo loo3.r r� _y P�caaH MH(K 5 g8` oYw / C t ooh �f 331.7 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) ffWti4 Application of Naomi Carlson for determination of nonconforming uses on property located at 6411 Bretton Way which is zoned Single -Family Residential District, RSF — Planning Case #2012-13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: . FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2nd Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. Prior to the rezoning of the property to RSF and subsequent to that rezoning, the building has been utilized for assorted machining and manufacturing businesses including woodworking shops, small part painting and motorcycle repair. 6. Artist studio and indoor warehouse or storage are less intensive uses of the nonconforming commercial uses of the property since they do not include machining, manufacturing, or contracting yard operations. 7. Continued occupation and use of the building will permit the site to be maintained, stabilize the tax base and permit limited use commercial businesses to operate in the community. 8. The planning report #2012-13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 9. The city council report #2012-13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. The Chanhassen City Council determines that Artist studio and indoor warehouse or storage is not an intensification of the use of the property and is therefore in the best interest of the community to permit to occupy the premises. ADOPTED by the Chanhassen City Council this _ day of _, 2012. CITY OF CHANHASSEN I -rd Mayor giplan12012 planning cases\2012-13 6411 bretton way zoning appeal-carlson\findings of fact and decision approve.doc 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) W1639 Application of Naomi Carlson for determination of nonconfonning uses on property located at 6411 Bretton Way which is zoned Single -Family Residential District, RSF — Planning Case #2012-13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2"d Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. Prior to the rezoning of the property to RSF and subsequent to that rezoning, the building has been utilized for assorted machining and manufacturing businesses including woodworking shops, small part painting and motorcycle repair. 6. Artist studio and indoor warehouse or storage are less intensive uses of the nonconforming commercial uses of the property since they do not include machining, manufacturing, or contracting yard operations. 7. Continued occupation and use of the building will permit the site to be maintained, stabilize the tax base and permit limited use commercial businesses to operate in the community. 8. The planning report #2012-13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 9. The city council report #2012-13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. The Chanhassen City Council determines that Artist studio and indoor warehouse or storage is not an intensification of the use of the property and is therefore in the best interest of the community to permit to occupy the premises. ADOPTED by the Chanhassen City Council this _ day of _, 2012. CITY OF CHANHASSEN :• Mayor gAp1an12012 planning case512012-13 6411 bretton way zoning appealcarlsonUndings of fact and decision approve.doc 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Naomi Carlson for determination of nonconforming uses on property located at 6411 Bretton Way which is zoned Single -Family Residential District, RSF — Planning Case #2012-13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2"d Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. Artist studio and indoor warehouse or storage are less intensive uses of the nonconforming commercial uses of the property since they do not include machining, manufacturing, or contracting yard operations. 6. Continued occupation and use of the building will permit the site to be maintained, stabilize the tax base and permit limited use commercial businesses to operate in the community. 7. The planning report #2012-13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 8. The city council report #2012-13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. DECISION The Chanhassen City Council determines that Artist studio and indoor warehouse or storage is not an intensification of the use of the property and is therefore in the best interest of the community to permit to occupy the premises. ADOPTED by the Chanhassen City Council this 22nd day of October, 2012. CITY OF CHANHASSEN f:W Mayor g9plan\2012 planning cases\2012-13 6411 bretton way zoning appeakarlson\findings of fact and decision approve.doc CITYOF CNANBAS3EN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952 227.1100 Fax 952.2271110 Building Inspections Phone. 952.227.1180 Fax: 952.2271190 Engineering Phone 952 2271160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 9522271110 Park & Recreation Phone: 952.2271120 Fax 9522271110 Recreation Center 2310 Coulter Boulevard Phone: 952.22Z1 400 Fax: 952.227.1404 Planning & Natural Resources Phone. 952.227.1130 Fax 952.2271110 Public Works 7901 Park Place Phone. 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952 2271125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: September 18, 2012 SUBJ: Appeal Administrative Decision rN PROPOSED MOTION: "The Chanhassen Planning Commission as the Board of Appeals and Adjustments affirms staffs determination that the landscape business, Greenscapes Lawncare, is an intensification of the non -conforming use of the property and must vacate the property-" SUMMARY The purpose of this hearing is to review an appeal of staffs decision that Greenscapes Lawncare's occupation of the building located at 6411 Bretton Way (Tract C, RLS 105) is an intensification of a non -conforming use of the property zoned Single Family Residential (RSF) and is not permitted on the property. The applicant/owner of the property, Naomi Carlson, contends that they are a continuation of the other uses of the property in the "machining, manufacturing, or contracting business" of one nature or another, and are not an intensification of the use. Any uses other than those in place in 1987 and 1995 have no nonconforming status. X. "7pe.�� _ -... `�.ti�+�t- nor+ a G Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow I I Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 2 of 5 BACKGROUND August 17, 2012 — Naomi Carlson was notified that the Greenscape Lawncare is considered a contractor's yard and an illegal intensification of the use of the building at 6411 Bretton Court. Contractor's yards are not allowed within the Single Family Residential (RSF) District. August 2009 — Naomi Carlson asks the city about replacing uses with a pediatric physical therapy clinic. She was advised that she needs to verify that the non -conforming uses have been there over the last 12 months. She would need to submit a request to City Council to approve a replacement of a non -conforming use with another non -conforming use. September 2001 — Naomi Carlson contacts the city about the potential conversion of a portion of the building to a single-family home. She was advised that she would be able to convert a portion of the existing building to a single-family residence. The resulting residence would need to comply with all requirements of the zoning code for single-family homes and building code requirements. The conversion of a portion of the building would lessen the nonconformity of the use. 1995 — Steve Kirchner, former building official, inspected structure: contained Ramsey Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level). 1987 — Building contains two woodworking businesses, Precision Finishes and motorcycle repair business. 1986 — Property zoned Single Family Residential (RSF). APPLICABLE REGULATIONS Contractor's yard means any area or use of land where vehicles, equipment, and/or construction materials and supplies commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. (Section 1-2). Section 20-72. Nonconforming uses and structures. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: (1) The nonconformity or occupancy is discontinued for a period of more than one year; or Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 3 of 5 (2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. This section does not prohibit the city from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. (c) Notwithstanding subsection (a), the city shall regulate the repair, replacement, maintenance, improvement or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Chapter 20, Article XII, "RSF" Single -Family Residential District ISSUE While the property owner has the ability to continue the non -conforming use of the property based on its historic use by manufacturing operations, the property owner does not have a carte blanch ability to permit any commercial or industrial user in the building nor the right to expand commercial operations to the adjacent residential home, also owned by Mrs. Carlson. Mrs_ Carlson states that "the building's occupants have all been in the machining, manufacturing, or contracting business of one nature or another ". However, staff's two inspections of the building in 1987 and 1995 did not turn up any contracting business. In 1987, there were two woodworking businesses, Precision Finishes and motorcycle repair business. In 1995, there were Ramsey Woodworking, Precision Finishing a small part painting business and Roger Mclearen, who Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 4 of 5 rebuilt motorcycles. The use of the building is constrained by the uses that were in place when the property was zoned for single-family residential uses. These uses have been manufacturing in nature. A change in use of the building from what has been there to a new nonconforming use must be approved by City Council. Contracting yards have never been a permitted use of the building or site and is only permitted as a conditional use in the Industrial Office Park zoning district. The existing conditions of the property: 1. The property is zoned Single Family Residential (RSF) District. 2. The property is guided for Residential — Low Density uses. 3. A 15 -foot by 150 -foot building currently exists on the property. 4. The existing building is used for commercial/industrial type uses. 5. The current use of the building is nonconforming in that commercial/industrial uses are not permitted in the RSF district. 6. The uses of the building have been manufacturing in nature and do not includebusinesses that require outside storage. Many of the uses have been artisan or skilled craftsman, e.g., woodworking and cabinet making. 7. Nonconforming uses may not be intensified. Staff has determined that the use by Greenscapes Lawncare, which would be classified as a contractor's yard, is an intensification of a non -conforming use and is not permitted on the property. Mrs. Carlson maintains that Greenscapes Lawncare is not an intensification of the use of this grandfathered -in property for the following reasons: 1. They are a small company servicing private customers with lawn care and maintenance, and perform only minor landscaping when their customers request it. 2. The only equipment on the property is used for maintaining lawns/grounds. There are no bulldozers, bobcats, pallets of goods, or any other items normally found in a contractor's yard. 3. They, too, come in the morning (never before a.m.), get their equipment, do their lawn care, and return the equipment in the late afternoon. 4. They operate Monday through Friday. No weekends. 5. Their spring -through -fall employees carpool to work, so there are actually fewer cars during the day than when I rented their space to other tenants. PRINT it Name CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (352) 227-1100 DEVELOPMENT REVIEW APPLICATION vnone: Fax: I Phone Email ! �A m,:c/rano �� c a Email: Planning Case No. - )__� CITY OF CHANHASSEN RECEIVED AUG 2 -1 2012 rueuuececu of ANAnNe n=T Fax: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) { jpterim Use Permit (IUP) "6`"" [�"N/on-conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) _-1 Zoning Appeal Zoning Ordinance Amendment Notification Sign - $200 (City to install and remove) _4t- Escrow for Filing Fees/Attomey Cost** - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 9D OV An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. "*Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 5 of 5 6. Greenscapes will be a 6 -month operation at 6411 Bretton Way, with no activity there from Fall cleanup to Spring. The three partners snowplow directly from their homes. The purpose of the non -conforming section of the City Code is: (1) To recognize the existence of uses, lots and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification or extension of any nonconforming use, building or structure; and (3) To encourage the elimination of nonconforming uses, lots and structures or reduce their impact on adjacent properties. The addition of the landscape service to the building has created additional impacts on the surrounding properties. The contractor's trucks have been parking on the lawn and trailers are being parked outside the building. This is an increase in the activities that have historically been conducted in the building. The previous commercial uses were confined to the building, did not include the storage of landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn or trailers stored outside overnight, did not have vehicles being driven away in the morning and returning in the evening, and were businesses that operated within the building. For the reasons stated above, staff has determined that Greenscapes Landscape is classified as a contractor's yard and is an intensification of the nonconforming use of the property. RECOMMENDATION Staff requests that the Planning Commission as the Board of Appeals and Adjustments affirms staffs decision that the landscape business is an intensification of the non -conforming use of the property and must be removed from the property. ATTACHMENTS 1. Development Review Application. 2. Memorandum from Naomi Carlson to Planning Department dated September 7, 2012. 3. Letter from Robert Generous to Naomi Carlson dated August 17, 2012. 4. Letter from Robert Generous to Naomi Carlson dated July 30, 2012. 5. Affidavit of mailing of public hearing notice to Naomi Carlson dated September 6, 2012. g\plan\2012 planning c \2012-13 6411 bmtton way inning appealcarls n\pc appeal memo.doc PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONII� YES NO PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am Me 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 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. The documents and information I have submitted are true and correct to the best of my knowledge. 17 ,6 / o� Signature plicant J Date aA �6 ignature Fee Owner Date SCANNED g:\plan\fo \development review applicalim.doc September 7, 2012 To: Planning Department, City of Chanhassen From: Naomi Carlson Re: Planning Case No. 2012-12 6411 Bretton Way I bought this property in late 1982, having married a Minnesota native and moved here from California. The property was purchased for my retirement income after selling my CA business. My teacher's retirement fund had been cashed in for developing the CA business, and I knew that SS income would be minimal. Whether the income from this property would be rental, development, or sale, I did not know, only that it would provide for my retirement. It was known as Precision Manufacturing Corporation, which once owned all the property known as Twin Hills. It was a large operation, with many employees to whom meals were served in the separate kitchen, still operable in 1982. The business was founded 1934 and thrived until the late seventies, when its founder and owner, Carl McMahan, was elderly and in ill health. Since my purchase, the building's occupants have all been in the machining, manufacturing, or contracting business of one nature or another. Some businesses operate from the premises; others use their spaces for warehousing, coming and going as necessary. On any given weekday, there have nearly always been eight to ten vehicles, some of which come in the morning, get equipment and/or supplies, and come back at late afternoon to exchange vehicles. I firmly maintain that Greenscapes Lawncare is not an intensification of the use of this grandfathered -in property for the following reasons: 1. They are a small company servicing private customers with lawn care and maintenance, and perform only minor landscaping when their customers request it. 2. The only equipment on the property is used maintaining lawns/grounds. There are no bulldozers, bobcats, pallets of goods, or any other items normally found in a contractor's yard. 3. They, too, come in the morning (never before a.m.), get their equipment, do their lawn care, and return the equipment in the late afternoon. 4. They operate Monday through Friday. No weekends. 5. Their spring -through -fall employees carpool to work, so there are actually fewer cars during the day than when I rented their space to other tenants. 6. Greenscapes will be a 6 -month operation at 6411 Bretton Way, with no activity there from Fall cleanup to Spring. The three partners snow -plow directly from their homes. The complaint which started this most likely came on the days when Greenscapes was moving in. Knowing that one particular neighbor would complain, I notified Bob Generous myself that there would be more activity than usual for a couple of days during the move -in. This same neighbor has been harassing some of my tenants for months now for no reason other than to "get back" at me for refusing to sell them my property at a give-away price and/or because I would not allow them access across my property to develop theirs. I am asking the City of Chanhassen should stop honoring these complaints and instead uphold my rights as one of its citizens to continue use of my property as I have for 30 years, Since the day I called Bob, I have been bombarded with letters from Chanhassen making demands on me regarding the property. I am well aware that the property could use a little sprucing up, and I have plans for doing so; however, if Chanhasssen continues to insist that Greenscapes intensifies use of the property, my plans may have to take a back seat to my lawyer fees. Enclosed is an aerial photo of the property showing, albeit crudely, some of the landscaping I have had in mind for some time now (with more to follow), and which could be done rather soon with the help the able-bodied Greenscapes guys have offered. I also have beautiful iron fences which I would like to install. I know that the City of Chanhassen would like to see my property subdivided into 3-4 residential lots, but I can't promise when that will happen. For now I depend heavily on the rental income. I think it's rather ironic that Chanhassen wants beautiful residential lots, but doesn't want to provide a place for a small business so that it can care for the beautiful lawns of its fair city. Many of the small lawn care operate from their home properties. My property is perfect for Greenscapes; they and I finely promise to see to it that there is nothing for anyone to complain about. One final comment: My former husband and I agreed to include for a mere pittance Tract C (Teton Lane) in the sale of property to Centex allowing Bretton Way to cross our property. Chanhassen benefited greatly in this transaction, getting all of Curry Farms and the Ithilien development on the tax rolls. I would like the City of Chanhassen to remember this. Whether they choose to or not, I have the right to allow my property to be occupied by Greenscapes. A 2271110 I will be out to the site Friday, August 24, 2012 to verify that the business has vacated Recreation Center the property_ If you have any questions or need additional information, please contact 2310 Coulter Boulevard me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Phone: 952.227.1400 Fax: 952.227.1404 Sincerel Planning 8 Natural Resources Phone. 952227.1130 August 17, 2012 Uff OF Robert Generous, AICP OUSIN Senior Planner Public Works Mrs. Naomi Carlson 7700 Market Boulevard 5955 Cathcart Drive PO Box 147 Shorewood, MN 55331 Chanhassen, MN 55317 Roger Knutson, City Attorney Senior Center Re: 6411 Bretton Way Administration gaPlan\bglnaomi carison 6411 brenon 8-17-12 landscape busines-doe Phone: 952.2271100 Dear Mrs. Carlson: Fax: 952.227.1110 Building inspections The landscaping business at 6411 Bretton Way must vacate the property immediately. As in Phone: 952227.1180 stated my letter to you dated July 30, 2012, the contractor's yard, landscape Fax: 952.2271190 business, is an illegal intensification of the use of your building at 6411 Bretton Engineering Court. Contractor's yards are not allowed within the Single Family Residential (RSF) District. Phone: 952.227.1160 Fax: 952.227.1170 Contractor's yard means any area or use of land where vehicles, equipment and/or Finance construction materials and supplies commonly used by building, excavation, roadway Phone: 952.2271140 construction, landscaping and similar contractors are stored or serviced. A Fax: 952.2271110 contractor's yard includes both areas of outdoor storage and areas confined within a Park & Recreation completely enclosed building used in conjunction with a contractor's business. (Section 1-2). Phone: 952.227.1120 Fax 952 2271110 I will be out to the site Friday, August 24, 2012 to verify that the business has vacated Recreation Center the property_ If you have any questions or need additional information, please contact 2310 Coulter Boulevard me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Phone: 952.227.1400 Fax: 952.227.1404 Sincerel Planning 8 Natural Resources Phone. 952227.1130 Fax: 9 5 2 22 71110 Robert Generous, AICP Senior Planner Public Works 7901 Park Place ec: Kate Aanenson, Community Development Director Phone: 952-2271300 Todd Gerhardt, City Manager Fax: 952.2271310 Roger Knutson, City Attorney Senior Center Phone: 952.227.1125 gaPlan\bglnaomi carison 6411 brenon 8-17-12 landscape busines-doe Fax: 952.227.1110 Web Site www.ci.chanhassemmn.us Chanh assen is a Community for Life -Providing for Today and Planning for Tomorrow Chanhassen is a Community for Li Ie - Providing for Today and Planning for Tomorrow July 30, 2012 CITY OF CHMUSEN Mrs. Naomi Carlson 7700 Market Boulemd 5955 Cathcart Drive PO Box 147 Shorewood, MN 55331 Chanhassen, MN 55317 Re: 6411 Bretton Way Administration Phone: 952227.1100 Dear Mrs_ Carlson: Fax 952.227.1110 Building Inspections 1 am wring you in response to our conversation today regarding the use of the Phone: 952 2271180 building by Greenscapes, which we classify as a contracting business in the Fax: 9522271190 Chanhassen City Code_ Contractor's yards are not allowed within the Single Family Residential (RSF) District. Engineering Phone: 9522271160 Contractor's yard means any area or use of land where vehicles, equipment, and/or Fax: 952.227.1170 construction materials and supplies commonly used by building, excavation, roadway Finance construction, landscaping and similar contractors are stored or serviced. A Phone: 952.2271140 contractor's yard includes both auras of outdoor storage and areas confined within a Fax: 952227.1110 completely enclosed buildings used in conjunction with a contractor's business.. (Section 1-2). Park & Recreation Phone: 952.227.1120 Fax 952.2271710 Such a use is considered an intensification of the use of the property_ The previous commercial uses were confined to the building, did not include the storage of Recreation Center landscaping equipment and supplies and did not have commercial vehicles being 2310 Coulter Boulevard driven away in the morning and returning in the evening. Phone: 9522271400 Fax: 9522271404 The following are the existing conditions under which the property is being used: Planning & Natural Resources 1. The property is zoned Single Family Residential (RSF) District. ��' Phone: 952.2271130 Fax:9522271110 2. The property is guided for Residential — Low Density uses. Public Works 3. A 15 -foot by 150 -foot building currently exists on the property. 7901 Park Place Phone: 952.2271300 4. The existing building is used for commercial/industrial type uses. Fax: 952.227.1310 5. The current use of the building is nonconforming, governed by Section 20-72 Senior Center of the City Code, in that commercial/industrial uses are not permitted in the Phone: 952227.1125 RSF district Fax: 952.2271110 Web Site 6. Any nonconformity, including the lawful use or occupation of land or wwad-chanhassen.mn.us premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion. Chanhassen is a Community for Li Ie - Providing for Today and Planning for Tomorrow Mrs. Naomi Carlson : . July 30, 2012 Page 2 7. No nonconforming use shall be resumed if normal: operation of the use has been discontinued for a period of twelve months or more. 8. If a nonconforming land use is superseded or replaced by a permitted use, the nonconforming status of the premises and any rights, which arise under the provisions of the code, shall terminate. If you do not agree that such a use is an intensification of the use of the property, then you. may appeal this decision to the Board of Appeals and Adjustments. The Board has the power to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city administrative officer in the enforcement of this chapter. Should the Board of Appeals and Adjustments agree that the use is not an intensification of the .: use of the property or if you appeal their decision, then you must proceed to request that City Council approve the use of the property. Notwithstanding the prohibitions contained in the forgoing subsections of the nonconforming use ordinance, if approved by the City Council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Enclosed is a development review application for your use. If you have additional questions or need more information, please contact me at (952) 227-1131. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager 9: Wan%&4 i care 6411 juiy 2012.d« CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 6, 2012, 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 — Planning Case 2012-13 to Naomi Carlson, 5955 Cathcart Drive, Excelsior, MN 55331 by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelope in the United States mail with postage fully prepaid thereon; that the name and address of such owner appeared as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. K n J. E elh t, DepQ Clerk Subscribed and sw n to before me this &A day of , 2012. No Pu is �•'"=" s KIM T. MEUWISSEN '� Notary Public -Minnesota �o',..., ., -� My commis FxvHes.lan ai, zois CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 18, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to review an Appeal of an Administrative Decision regarding the determination of the intensification of a non- conforming use on property zoned Single Family Residential (RSF) located at 6411 Bretton Way (Tract C, RLS 105 and Oudots C & D, Curry Farms 2"d Addition). Applicant/Owner: Naomi Carlson. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2012-13 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: b¢enerousAci.chanhassen.mn.us Phone: 952-227-1131 (Published in the Chanhassen Villager on September 6, 2012) Generous, Bob From: Sent: To: Subject: Lessee K2 Electrical Services Lake Country Builders Custom Charters Bemm Restoration Andrew Clark Greenscapes Lawncare Thanks, Naomi N R CARLSON [naomicarlson@msn.com] Thursday, September 13, 2012 1:05 PM Generous, Bob RE: Replacement Supporting Document Lease Date June 2002 October 2005 November 2005 May 2011 August 2011 August 2012 From: bgenerous(aci chanhassen mn.us To: naomicarlsonnamsn com Subject: RE: Replacement Supporting Document Date: Wed, 12 Sep 2012 18:42:53 +0000 - What doe each of the businesses do? :.. From: N R CARLSON [mailto:naomicarlson(almsn.com] Sent: Tuesday, September 11, 2012 9:43 PM To: Generous, Bob Subject: RE: Replacement Supporting Document :.• Business Electrical contractor (warehouse) Building contractor (warehouse) Boat charter (storage) Artist workshop and custom home restoration; Custom woodworking Lawncare service (seasonal) I left for an appointment soon after reading my email, so I wasn't able to send the list before your closing time. I am also faxing a new picture of the property, as I don't think the emailed one can be enlarged sufficiently. The current tenants at 6411 Bretton Way are: Lessee K2 Electrical Services Lake Country Builders Custom Charters Bemm Restoration Andrew Clark Greenscapes Lawncare Lease Date June 2002 October 2005 November 2005 May 2011 August 2011 August 2012 Thanks, Naomi From: bgenerous(obci.chanhassen mn.us To: naomicarlsonCabmsn.com Subject: RE: Replacement Supporting Document Date: Tue, 11 Sep 2012 19:29:22 +0000 Thank you From: N R CARLSON [mailto:naomicarlsonCalmsn.com] Sent: Tuesday, September 11, 2012 2:11 PM To: Generous, Bob Subject: RE: Replacement Supporting Document Bob, Yes, I will send the list . Naomi From: bgenerous(o)ci.chanhassen.mn.us To: naomicarlsonCa)msn.com Subject: RE: Replacement Supporting Document Date: Tue, 11 Sep 2012 18:47:51 +0000 Naomi: One question that will come up is who are the current occupants of the building and how long have they been there? Could you provide me with a list of tenants for the building and their dates of occupancy? Bob From: N R CARLSON [mailto:naomicarlson(o)msn.com] Sent: Monday, September 10, 2012 2:04 AM To: Generous, Bob Subject: Replacement Supporting Document Bob, Please replace the letter I sent you on Friday with this one. Thanks, Naomi Generous, Bob From: Generous, Bob Sent: Monday, October 01, 2012 3:17 PM To: 'N R CARLSON' Subject: FW: Appeal to City Council Naomi: Not only are you appealing the decision about the intensification of use, but you must also request that the new uses be approved by City Council. I assume that since you did not get anything in for the request to replace the nonconforming uses with other nonconforming uses by last Friday September 28, 2012, you intend to request that all the uses be reviewed at one time. The next agenda I can put you on is October 22, 2012 agenda. I will need any supporting documents that you want to submit by Oct. 10, 2012. Otherwise, we will have to present the request to City Council with the information we have. If you have any questions or need additional information, please contact me. :.. From: Generous, Bob Sent: Friday, September 21, 2012 4:14 PM To: 'N R CARLSON' Cc: Aanenson, Kate Subject: RE: Appeal to City Council Naomi: As we discussed previously, you also need to request the replacement of nonconforming uses with other nonconforming uses. Our records from 1995 show the following uses: Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level). City code (section 20-72 (e)) states: (e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Based on the list of tenants you provided, only one of the uses, the woodworking shop, appears to be a continuation of a previous use. All the rest would need to be approved by City Council as outlined in section 20-72 (e). Lessee Business K2 Electrical Services Electrical contractor (warehouse) Lake Country Builders Building contractor (warehouse) Custom Charters Boat charter (storage) Bemm Restoration Artist workshop and custom home restoration; Andrew Clark Custom woodworking Greenscapes Lawncare Lawncare service (seasonal) 1 In all instances, you need to provide "proof regarding the relative intensities of uses" . You need to submit all your documentation or narratives by Friday, September 28, 2012, so that it can be included in the packet to City Council for the October 8, 2012 agenda. If you would like additional time to prepare your material for City Council review, please contact myself or Kate Aanenson, kaanenson@ci.chanhassen.mn.us , to schedule a date for City Council review. I will be out of the office the week of September 24 — 28. :.: From: N R CARLSON [mailto:naomicarlsonCalmsn.com] Sent: Thursday, September 20, 2012 7:19 PM To: Generous, Bob Subject: Appeal to City Council Bob, Please consider this my application to appeal the decision of the Planning Commission. Thanks, Naomi Generous, Bob To: N R CARLSON Cc: Aanenson, Kate Subject: RE: Appeal to City Council Naomi: As we discussed previously, you also need to address replacement of one nonconforming use with another nonconforming use. Our records from 1995 show the following uses: Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level). City code (section 20-72 (e)) states: (e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Based on the list of tenants you provided, only one of the uses, the woodworking shop, is a continuation of a previous use. All the rest would need to be approved by City Council as outlined in section 20-72 (e). Lessee Business K2 Electrical Services Electrical contractor (warehouse) Lake Country Builders Building contractor (warehouse) Custom Charters Boat charter (storage) Bemm Restoration Artist workshop and custom home restoration; Andrew Clark Custom woodworking Greenscapes Lawncare Lawncare service (seasonal) In all instances, you need to provide "proof regarding the relative intensities of uses" . You need to submit all your documentation or narratives by Friday, September 28, 2012, so that it can be included in the packet to City Council for the October 8, 2012 agenda. I will be out of the office the week of September 24 — 28. :.. From: N R CARLSON [mailto:naomicarlson(o)msn.com] Sent: Thursday, September 20, 2012 7:19 PM To: Generous, Bob Subject: Appeal to City Council :.. Please consider this my application to appeal the decision of the Planning Commission. Thanks, Naomi Generous, Bob From: N R CARLSON [naomicarlson@msn.com] Sent: Thursday, September 20, 2012 7:19 PM To: Generous, Bob Subject: Appeal to City Council :.. Please consider this my application to appeal the decision of the Planning Commission. Thanks, Naomi Chanhassen Planning Commission — September 18, 2012 accessory structure limitation on property zoned Agricultural Estate District (A2) and adopt the attached Findings of Fact and Decision. Hokkanen: Second. Aller: I have a motion and a second. Any further discussion? Undestad moved, Hokkanen seconded that the Planning Commission, acting as the Board of Appeals and Adjustments, denies Planning Case #2012-12 for a 4,940 square foot variance to the 1,000 square foot accessory structure limitation on property zoned Agricultural Estate District (A2) and adopt the attached Findings of Fact and Decision. All voted in favor, except Colopoulos who opposed, and the motion carried with a vote of 5 to 1. Aanenson: Again, point of clarification Chairman. This did meet the super majority but the applicant still has the right to appeal this to the City Council. Aller: Correct. Aanenson: And that would, could go forward on October 8ih. We just need to get it in writing the appeal. Aller: Okay, thank you. And we're moving forward to item number 3 on the agenda. PUBLIC HEARING: 6411 BRETTON WAY: REOUEST TO APPEAL AN ADMINISTRATIVE DECISION ON APPLICANT/ OWNER NAOMI CARLSON, PLANNING CASE 2012-13. Aller: We're going to have the planning staff will make it's presentation ma'am. Naomi Carlson: Oh, okay. Aller: Then you will make your presentation. Have your opportunity. Then we'll have a public hearing. Naomi Carlson: Thank you. Aller: You bet. Generous: Thank you Chairman Aller and commissioners. As you stated this is an appeal of administrative decision. Couple things. Administrative decision, staff sent a letter to Ms. Carlson on July 30'h stating that the lawn care service that she was proposing at 6411 Bretton Way was not permitted in the zoning district and could not occupy the space. However we did also point out that the administrative procedures that she could follow for that. We followed up with a letter on August 17th, which is attached to the staff report stating that this lawn care service was a non -conforming use. We determined that that was an intensification of the use of the property and it was not permitted in the district and they needed to have the business vacate the property. Subsequent to that Naomi Carlson submitted, made an application to appeal this decision. The Planning Commission sits as the Board of Adjustments and they can make that determination. Earlier tonight I handed out a petition signed by 21 property owners within the neighborhood. I put it out for all the planning commissioners, stating that they concur with staff's decision and want you to affirm that we, it is an intensification of the use and should not go there. They further pointed out that there's some code compliance issues that are in existence on the property. While 23 SCANNED Chanhassen Planning Commission — September 18, 2012 that's not part of this discussion tonight I did want to advise the Planning Commission and the neighbors that we are proceeding through our property maintenance ordinance and our nuisance ordinance to work on cleaning up the site with the property owner so that's really not part of the discussion tonight and so all their petition and information. The second item I gave to you was a letter from the Story's regarding their experiences with the property and again supporting stabs decision that this is an intensification of the use and should not go there and again they request that they be, that the code enforcement issues be brought forward and as I stated we've done that already. Attached to their letter are numerous pictures of the property. Aerial views of that and then pictures of some of the parking of vehicles on the site. Parking of trailers on the site and then some of the nuisance and building code issues that they have with the property. Again we're limiting our discussion tonight to just the intensification of the use and decision that we've made. The property is located at 6411 Bretton Way. It's surrounded on the south and, which is this long building located at the cul-de-sac bubble and Bretton Way goes here. Teton is to the west of this property. This building right here is a single family home also owned by the applicant but it's not part of the nonconforming use. It is a single family home and that's what it needs to be maintained as. The city regulations. Any non -conformity, including the lawful use of an occupation of land or premises existing at the time the adoption of an additional control under this chapter, the zoning ordinance, may be continued including through repair, replacement, restoration, maintenance or improvement but not including expansion and in the realm of use of a property it would be through the intensification of the use of that property and staff has determined that the landscaping business meets the definition of a contractor's yard and would be intensification of the use of this building and the property and so we're saying that it's not permitted and it's not a continuation of any of the nonconforming use. The purpose of the non -conforming use ordinance is to, the elimination of non -conforming uses and/or the reduction of their impact on adjacent properties. Again allowing an intensification of the use would have a negative impact on the abutting property owners and so we've directed that the landscape service be removed from the site. However, non -conforming uses may be replaced if approved by City Council from one non- conforming use to another. However that would be a separate item and also the property owner would have to show that the uses would be in the best interest of the community and would be a less intensive use of the property, and I advised Mrs. Carlson that this would be her next step as she goes forward in the process. There's only two points that the city is sure of the uses in there. In 1987 when the surrounding land was being subdivided there was some inspection and there were two woodworking businesses, Precision Finishes which was a painting shop and a motorcycle repair business. In 1995 the City inspected the property and again we found those same uses in place so any changes in uses from what was there would have to be approved by City Council and the landscape service was not approved by City Council and as we stated we believe that's an intensification of the use and should not be permitted. And the reason that it's an intensification because it wasn't in existence at the time that these uses became non- conforming. The best we can find is in 1986 that area was rezoned to single family residential with a change to the zoning ordinance. Prior to that it had been zoned RIA. This landscape business does have additional impacts on the surrounding properties. They are parking vehicles outside and they're parking on the lawn and that's something that hasn't been done in the past. The vehicles are being driven away in the morning and returned every evening. This is becoming a daily event, even though in her correspondence she says this is only for the summer period but this business is also, lawn care service has also become snow removal services in the winter so who's to say that they can't come in there and use their facilities if they're thereto either repair their equipment or just store it. And previously all the businesses operated completely within the building so, by expanding outside we meet the definition of the contractor's yard with the parking of the trailers and the equipment. For that reason we think that's an interpretation of the, intensification of the use and should not be permitted. The property owner, Ms. Carlson is, has appealed our decision and her contention is that it is a continuation of the other uses of the property and the machining manufacturing or contracting business of one nature or another that have occurred over time. However the non -conforming ordinance states that it's actually the uses that were there. Changes of uses must be approved by City Council. And here's some pictures again. They were in the applicant's submitted disc for us but these are the two that showed the outside storage of 24 Chanhassen Planning Commission — September 18, 2012 equipment. On the back side of that building. And finally we're recommending that the Planning Commission, as a Board of Appeals and Adjustment affirm our determination that this is an intensification of the use, non -conforming use of the property and that they order the business to vacate the premises. With that I'd be happy to answer any questions. Aller: Is the business still there? Generous: Yes. Aller: And when you were there did you see the vehicles stored outside? Generous: I did not when I did my inspection. Aller: Did you have the opportunity to talk to any of the other residents around there that maybe saw you at the property or have called in? Generous: When I visited the property I had Mrs. Carlson and the contractor met with me and I told them about the process and that we really need to have them vacate it though. Aller: Okay. Any further questions? Comments? Questions? Okay. The applicant. If you could state your name. Naomi Carlson: Hi, I'm Naomi Carlson. Aller: Thank you Mrs. Carlson. And your address please. Naomi Carlson: My home address? Aller. Ah yes. Naomi Carlson: 5955 Cathcart Drive, Shorewood, Minnesota, 55331. Aller: Thank you ma'am. Naomi Carlson: Shall I start or do you ask me questions? Aller: No, you can go ahead and tell us why you think the decision is wrong because you're appealing their decision so if you could let us know what things that you would contest about the things that they determined. Naomi Carlson: Okay. First of all I want to tell you that I know, I recognize that the building needs some fixing up and I am only now recovering from a serious illness which left me unable to go to my job and so I haven't had the funds to do the fix up but now I can do it. Aller: Mrs. Carlson. Naomi Carlson: Beg your pardon. Aller: We don't have to hear about the actual physical project. You know whether or not it needs to be fixed up or not. What we'd like to hear about is the types of businesses that you have there and why they 25 Chanhassen Planning Commission —September 18, 2012 aren't an intensification or more of a burden on the community than the other businesses that you had in before. Naomi Carlson: Okay. First of all I feel like the City of Chanhassen is, or the Planning Commission, whoever, city administration, is using the broadest legal term of contractor's yard and Greenscapes is not, they're not a contractor. They are small service. They do lawn care. They'll do minor things for people if they want it but that's no their main business. They come in the morning. Carpool in. The boys do, only in the summertime. The help. The employees and then they leave in the morning. Come back at night or late afternoon. Get in their cars and go home. The 3 partners drive their trucks home and I don't want to get into this thing from Mr. Story. This is going to be forwarded to my attorney tomorrow. There is just so much, so full of untruth's but now I forgot what I was going to say. Aller: Well let's talk about the business that was in there before Naomi Carlson: Okay. There have been, I have owned it for 30 years and when all the spaces are rented there are more cars with trucks for the businesses there than Greenscapes adds to. There are fewer cars and trucks there, with that business than there were if all the spaces were rented. And which they have been and even Ramsey Woodworking had his truck and 3 to 4 people working there at a time and I, I can't understand why they would have to be the same use. It's very unlikely that when a space becomes vacant that I'll be able to get another person with that same business to move in there but they're not intensifying the use of the property. Let's see. Aller: During the, it looks like almost 10 years that you had the woodworking in there and other individuals. Naomi Carlson: They were there almost, they were there over 20 years. Aller: Did you receive complaints from your neighbors at all or anything like that? Naomi Carlson: No. No. No. Aller: And so nobody complained about the fact that there were storage of vehicles out? Naomi Carlson: No, no. No. There's a good reason for the complaints that have started now and it has to do with this and I would ask you to take it with a grain of salt. This one from Gerry Story. This is not my first, although I would just like to say if you'll allow me to, that I harass them and countless belligerent phone calls, I have no idea. Aller: Ma'am, ma'am, I don't even have to, I don't even have to hear that. Naomi Carlson: Okay, okay. That's good. Aller: We're here about the businesses. Naomi Carlson: If you're not going to. Aller: Not personalities. Naomi Carlson: Read this and have it affect your decision then I'll skip it, okay? Aller: Okay. 26 Chanhassen Planning Commission — September 18, 2012 Naomi Carlson: Okay. Most of the businesses have been rented, that have rented from me for 30 years, they've all had trucks that they would usually leave there at night you know because they are contractors in one way or another in that they don't do business for free. They'll sign a contract for somebody like the woodworking to install cabinets in their homes or as the, one of the newest tenants downstairs, he's restoration contractor but he doesn't have a yard there and he also is an artist and he will contract for somebody to paint somebody a picture. None of them do it for free so they're all contractors in one way or another. I know that the City rezoned the property but I'm still on the tax roll as both of the properties commercial industrial and I know that the City would like to have it single family residence but I can't afford to develop it. I do have like a 3 to 5 year plan because I don't want to be a landlord the rest of my life now and I had bought this for my retirement which could include selling it and which we tried to do when I was in the hospital. I said to my daughter and her husband, please go and try to get the property sold for me you know and, but the commercial realtors didn't want to touch it. They said we have properties of our own that we can't sell. This was about 2 1/2 years ago. Aller: Mrs. Carlson, we're not looking at the plan. We're looking at what the use of the property. Naomi Carlson: Okay, you want me to focus, okay. Okay. Aller: How it's being used and how it's impacting people. Naomi Carlson: Okay. I think it's impacting people mostly because there's no screening. Now can I talk about that? Is that? Aller: Well is the use, is the use more or greater than intensified for the Naomi Carlson: No. No. Aller: Or that causes the need for the screening? Naomi Carlson: Well I would like to have it screened. I think it would, these 21, I'd liked to have been there whenever they were going around getting this petition signed. None of these people, if I could screen it the way that I want to and with Greenscapes help providing the labor with their strong, husky employees, we could get our trees planted and I chose to do that instead of, I didn't think I could go through this myself and I wanted to get an attorney but instead I decided I would spend that same money on getting some screening. Some trees, arborvitae or something. I don't think any of these people would have signed it if they could have driven by there because most of the people that I have ever talked to, they say oh we like the building. It keeps the place, keeps this area rural so I had no idea what these people were told. I mean yeah, the one guy across the street, Greg Bazany and his wife, Bazany. I understand their, why they would sign it and I did talk to him and they have to look right at their driveway is right at the entrance to, the entrance to the building. And with planning, whoever I have to talk to with their permission I would like to change that just a little bit so that the, I could plant trees where his driveway is and then it would just mean the cars going out, a few feet up. Aller: Mrs. Carlson, it's not about screening. It's about the use and what kind of uses of the property. Naomi Carlson: Well I thought you were talking about impacting the neighbors. Aller: Well yeah but, and I understand that their screening but now we're getting a little bit into landscaping and other things. How long did you spend on the property? I know that you're address is different than the rental address. 27 Chanhassen Planning Commission — September 18, 2012 Naomi Carlson: Well I go over there on a regular basis contrary to somebody else's. Aller: And what do you see on the property as far as you personally? Naomi Carlson: I see, I see that I need to spend some money on it and I always have felt bad because I couldn't plant the trees. I haven't been, or get the some of the glass replaced but that is first on my list. Aller: And again we're not talking about repair. We're talking about the, do you see. Naomi Carlson: Do you see? Aller: Do you see trucks out there parked when you go? Naomi Carlson: Well sometimes because. Aller: Of the businesses there operating. Naomi Carlson: They don't operate at that business, or Greenscapes which is the business in question. I have been out there several times while they were moving in and I go out there on a regular basis and I, when I do go, I mean I know that it needs some fixing but the trucks they're on the back side of the building and Mr. Story's house, never mind. Anyway, it's not an intensification. They come and go in the mornings. They come in the morning. Get their equipment. Put it on the trailer. Drive out and then the only other main truck that's there, we have, we've talked about it and we've relocated where they leave it so that you can't even see it and they want to be good neighbors and they don't want to offend any of the other residents. Aller: And so this is from your discussions with the owner of Greenscapes? Naomi Carlson: Yes, and one of them was hoping to be here tonight but I got a call at the last minute that he couldn't make it so I called the other, one of the other partners who lives closer and he had daddy duty tonight so he couldn't be here but I wanted them to be able to tell you in their own words that this is not an intensification. Aller: Is everything that you really want to say in the letter that you sent? Naomi Carlson: Well I think so, yeah. Yeah, before I got, before I was feeling okay until Mr. Generous handed me this thing. Aller: Well I don't want you to be nervous and I do want to hear everything you have to say but it sounds like everything that you wanted to say is in the letter in our packet. Naomi Carlson: It is. It is, yes. Aller: Is there anything different or anything in addition that you wanted to say that is not in the letter? Naomi Carlson: Well in, well yes. Greenscapes or whoever, whoever is renting in the back, and whoever rents that property period, including me as the owner has the right to use that easement, that 14 foot easement up on the hill of my property at any time that they choose irregardless of whether it's an easement to Mr. Story's residence or whether it isn't. They have a right to use it and so, and I have a right 28 Chanhassen Planning Commission — September 18, 2012 to use it which I do because it just makes turning around easier for me and the easement is on my property and on my tax rolls and but that's part of the I think their problem. Aller: And I think that was in your letter as well. Naomi Carlson: Yeah. Oh I don't think the easement thing was. In my letter. It was probably in this other one. Aller: Okay, perfect. Anything else? Naomi Carlson: Well I don't think so. Aller: Okay, thank you very much. Undestad: I've got one question real quick. I'm sorry, yes. Just one quick question. Is Greenscapes the only tenant you have in the building now? Naomi Carlson: No. There are 1, 2, 3, 4 others. Undestad: And what do they do? Naomi Carlson: They have all of the, I just had a tenant move, he had a very small place and one of the cars in the pictures was his but Greenscapes will take over that space too so they will have most of the upper. Upper flooring. The upper loft forward after Lake Country Builders. Beyond that. They would have all that except the very end one. Undestad: Four other. Naomi Carlson: There are 1, let's see, 1, 2, 3, 4. Actually 5. Undestad: Five plus Greenscapes. Naomi Carlson: There's always been that, yeah. Undestad: And those other 5 businesses are what? What do they do? Naomi Carlson: Well that should have been in your packet but I will tell you. K2 Electric is a Chanhassen residence and, resident and he operates his electrical service from him home but he uses that for storage so they come and go in the morning and evening too. Next to him is Bim Restoration. No yard and he uses that mostly for his artwork. He too conducts his restoration business from his home and he doesn't have much there in the way of his contracting business. It's mostly his art. Art place. And then there's Lake Country Builders. It's warehouse type for them too. They're in the front. Their offices are in Excelsior and that's warehouse for them. They come in the morning and come back at night. You know get what they need and leave. And then there's, besides Greenscapes way in the back there's Andrew Clark. Very nice young man who wants to get a woodworking business going that's part time for him. He has a full time job so, and Custom Charters. He rents space for, to store some of his stuff from Custom Charters. So that's, and I've had it for 30 years and like I say, in the next 3 to 5 years I have plans for personal change and the problem is, as far as developing goes it's, the neighbors to the north pretty much all the way to Lilac Lane, they don't, they don't want to give up any of their property for single family homes. They bought there because that's what they wanted and I'm sorry that Mr. Story 29 Chanhassen Planning Commission — September 18, 2012 can't develop his property the way he wants but I'm not really the reason that he can't so. Any other questions? Undestad: No, thank you. Aller: Okay. With that we'll open the public hearing portion of the meeting with regard to the Bretton Way request for an appeal of an administrative decision. Those individuals wishing please step forward and state your name and address for the record. Karon Story: Good evening ladies and gentlemen of the Planning Commission, Robert and Kate. We are Karon and Gerald Story. We live at 6281 Teton Lane. We are the owners of the adjacent property next to 6411 Bretton Way. This shows the back of the building and I will call these doors 1, 2, 3. We have owned our property for the last 21 1/2 years. During the last 21 years, if we had a dollar for every time we heard the phrase grandfathered in we could rival Bill Gates. Recently when Greenscapes landscaping company moved into one room in the back of the building they moved into room 3. They brought with them 4 trucks, 2 commercial trailers, and numerous other vehicles including chemical trucks. This is the chemical truck they bought and parked right by it. Gas apparatus. They're storing gas in that room. Different mowers. Different repairing things for their lawn mowing service. Chainsaws, wheel barrows which indicated to us that it was much more than just mowing lawns. It's doing landscaping. They took down their website. They had a website up that said Greenscapes Landscaping Service and we went in there and now it's under construction. I don't have that with me right now but they've changed it to lawn service we assume for the portion of this meeting and they also. Sarah Harvey: Here's the main picture on their website shows a landscape design. It's really hard to see it but that's the main picture on their website and that's clearly a landscaping sign that they've done that... Karon Story: They took it down. Aller: Just for the record ma'am, could you state your name and address. Sarah Harvey: Oh sorry, Sarah Harvey. Aller. And same address? Sarah Harvey: Same address, yes. Karon Story: So I want to get back to this. I just want to spend a few minutes telling you about this building. The building has been 90% vacant for the last 20 years until the summer of 2011 when a man named Andrew, and I didn't know his last name. She just said his last name. Started coming to the back upper part of the building that faces our home to Room 1. He started to remodel this room. When we first asked him what he was doing there he told us he was going to live there. We told him, it's not a livable building. It has no bathroom. Cooking facility. All the building electrical and plumbing codes are under code. It's a hazard. We called the building and the electrical department and they told him he would have to apply for a permit. At this point he changed his story and said he was going to have a woodworking shop, which still was accelerated use of the building. He made an 8 by 10 room inside this room. It's right behind the door. It's a room inside a room. He put a table saw and a pile of wood in this outside room to stage it. And he put this room he put a computer in the room. In the year that he's been there he has not sawed one piece of wood or touched the wood pile. He comes in for hours on end overnight to this 8 by 10 room and goes on the computer. We have no idea what he's doing but we just wanted to tell you what the tenants that she has in there. Room 2. A young man came and rented the 30 Chanhassen Planning Commission — September 18, 2012 room next to Andrew. We didn't know his name. He said he was going to make pottery. He brought in a kiln. However he chose to make pottery at 3:00 a.m. in the morning. He would leave at 4:00 a.m. Come back and do it again. Whatever he was doing, we don't know but he woke us up constantly. When the Greenscapes Landscaping Company moved in all their vehicles and equipment and blocked the road, which they have several vehicles. I mean they came in with all these vehicles. You have some of the pictures. Even the pottery guy left because he couldn't take all that traffic so he moved out. When the landscaping company came and took over the property and I went outside and I told them they couldn't park all those vehicles all over. It was a hazard. The one man made an obscene gesture at me and shouted, we're grandfathered in and we can do whatever we want. The truth is Naomi Carlson is an absentee land lady that doesn't care about the surrounding homes in the neighborhood. She has totally neglected all the up keep in the building, disobeying city ordinances. Aller: Ma'am. Ms. Story. I'm going to say the same thing I did to her. Karon Story: Okay. I just wanted to. Aller. Let's stick to the discussion of the uses themselves and what you've seen and I would like to know did you take the pictures? Karon Story: Yes. All of them from my home. Aller: And can you tell us the dates, about the time those pictures were taken. Karon Story: Okay. This was taken. Gerald Story: This one was taken before we came here. Karon Story: Yeah, this is what they've got parked today. They did take, although that's painted on. They did take their signs off their trucks to not make us think that weren't all. Gerald Story: The magnetic signs. Karon Story: Yeah, that they weren't all landscaping but. All the rest were taken in the last couple weeks. Yeah, okay. I just wanted to say one thing about today. I do have to show this picture. We took this this morning at 7:30. They've been getting their vehicles closer to the building to be less obtrusive I guess but here this truck was parked this morning right by the gas meter. If somebody got in there carelessly and didn't watch, look how close he is to that gas meter and what he could have done. That's a hazard. There was a gas leak from this very gas apparatus and at our house about 2 years ago. We called the gas company and we paid to update the pipe to be put into our adjoining properties because the gas line runs right down our road easement into Mrs. Carlson's property and into our property and I believe into Robert Rabe's property up on the hill so, you can put that picture back on the property so I can explain. We do want to make one more statement about the absentee landlord and that she doesn't realize what's going on. She's made very few visits to the property. She doesn't know what we're going through and the neighbors. Just to give you an example of this, there was water out in the street from December, where was it? December, 2010 to March, 2011. We noticed water running on the street when there wasn't any snow runoff. We spoke to the adjacent neighbor on the east side, which is. Aller: Mrs. Story, did it have something to do with the use on the building? 31 Chanhassen Planning Commission — September 18, 2012 Karon Story: Well I'm just saying she wasn't there for 3 months to see the water running out and when we called her she took a week to come out so she's saying she comes to the building, she doesn't. She doesn't live there. She doesn't come there. Aller: Okay. If I could just redirect you to the types of equipment that you see. Karon Story: Okay. Wrap it up. Aller. Well I don't necessarily need you to wrap up. I want you to be heard but what I need you to address is the intensification of the use of the property. Karon Story: Okay, go ahead. Our daughter will tell you. Sarah Harvey: I am Sarah Harvey. I'd just like to say that the reason that we believe that this is an intensification of the use of the property is because my parents have owned this property for over 21 years and there has never been this type of activity and parking of vehicles and a contractor yard used outside of the building. There have been people that have rented. They've driven up the driveway very rarely in the back of the building, mostly in the front of the building but we had taken several aerial shots, you know over the years we've looked at the aerial views. You'll notice there's very few cars in the front of the building. Most of the time that my parents have owned this property I have lived out there. There's been very few spaces rented. I can't recall a time that I've known of that the building has been full so we believe this is an intensification of the use of the property. The other impacts that this has to the neighbors is there are children, as you can see. If you zoom down on this picture this is a completely residential neighborhood. There's a cul-de-sac there where there's quite frequently children playing in the cul-de-sac in the street and the other impact that this has on the neighborhood is there are trucks. Additional trucks with trailers coming and going out of the neighborhood where there are children playing so that would have an impact on the neighborhood. Karon Story: Waiting for the bus. Sarah Harvey: And waiting for the bus, exactly. Especially at the time of day where they would be coming and going. Karon Story: This would show the empty building too. This is 2010. This is the cul-de-sac. You notice there is just one vehicle down here and a storage thing for the electrical. This is all empty. This has always been empty for 20 years. Sarah Harvey: So I believe what Karon was trying to say with the story about the water is that you had asked Naomi a question. Ms. Carlson a question if she is at the property and there have been times when there has been something that's gone wrong with the property and gone on for a long period of time and she has not come out to the property so she, as far as my parents know from you know looking out their window, does not come out to the property very frequently. Aller: Thank you. Sarah Harvey: Thank you. Gerry Story: Yeah, I'm Gerry Story. ht the last 6 years I've been working on our property. Our house is right to the north of Naomi's building. Right there. Over to the west is a house on her property. Yeah, right there. That's a house. She rents that out to a young man. I have never talked to him. There's also some garage under that house and she also rents that to the landscape company and they store their 32 Chanhassen Planning Commission — September 18, 2012 mowers in there and they repair their mowers on there and according to the documentation they cannot extend the commercial building into the house building and they've also done that too and I don't know if you guys were aware of that or not but that's also done but the last 6 years I've been working, adding onto our house. We moved in last year but I've been there every day. Every day for 6 years. Maybe I miss a few Sundays here and there but I've been there every day. No one has rented the back of the building for those 6 years until last year when Andrew came and started to remodel it. No one's been in that building basically for 21 years, no one's rented that building. Her daughter did live there for a couple months for a while and she wasn't running a business. She actually lived there and that's against the use also from what I understand. The landscape business is intensification. If no one's ever been there, if anyone comes it's an intensification because basically no one's really ever been to that building so I'm in total agreement with the City to deny her the use and make the landscape company leave. Yeah. Appreciate your time. Thank you very much. Aller: Thank you. Anybody else wants to come forward for or against. Chris May: Hi, I'm Chris May. I own the property at 6400 Teton Avenue. It's the lower left hand comer on the comer of Bretton and Teton. I've owned the property for about 3 years now and when I moved in there I originally thought maybe the property was vacant, maybe waiting for the market to rebound for a potential sale. Occasionally you'd see a couple pick up trucks like you've seen where it kind of zooms in the lower hand corner there but my concern is that we not allow her to have that business in there. Basically over the summer what you start to see now is just more and more trailers and trucks. They do come in the morning and leave at night but what happens is, right in the comer of Bretton and Teton there's also a bus stop with close to 10 to 15 kids all the way up and down the street. Everything, it's kind of a unique area too where it's just, it's all residential homes, the whole area and we have just a small little commercial area here and my concern is with all the children at the comer of the bus stops and with the works showing up at the same time, they have kind of a like a coffee and cigarette pow wow and they're no more than 50 yards away from the corner in the morning so the kids are you know seeing this. This action. There's a lot of activity in the mornings with the trucks and the people showing up, and my fear too is if we do allow this or this landscape company come in, what's to stop her from allowing other landscape companies, and it's just going to become more and more active. 1 mean there are kids are riding their bikes back and forth and trailers and trucks. Do we get into Bobcats and large equipment at some point too so I just, I feel more for the future I don't want to have it turn into something that it's not designed for. I mean the way that, you know the woodworkers use it right now and stuff too, it's all confined within the building and it's almost, I feel bad for the storage because it's almost like they're hiding all the equipment behind the building, not to make it so visible to the whole neighborhood and stay under. the radar. So it's just my opinion that we deny her request to allow the landscape company to stay and try to keep the resale value of the neighborhood in a positive direction and that's all I have to say. Aller: Okay, thank you. Anyone else wish to come forward. State your name and address for the record. John Kunitz: John Kunitz. I live at 6441 Bretton Way. Aller: Welcome Mr. Kunitz. John Kunitz: Just one house down in the circle there but anyway, next to those. On the other side. Go down. No, that side of the, right there. Right about there. Okay. I actually would have to say that because they keep the trucks and trailers, etc in the back we don't see them that much from whereas the Story's would, we don't but my concern and the reason I signed the petition was that if there was an intensification of use of that land it's the same as the gentleman that previously spoke. That that cul-de- sac there is kind of a gathering place for the children. There's usually a basketball hoop up there and all kinds of things going on of that nature and if there were more trucks, trailers etc then there are now 33 Chanhassen Planning Commission — September 18, 2012 coming through there because of the number of children that live on the block, and I have to admit that mine have now gone off to college but many people have just moved into this area with small children. The people that live across the street from us there have 3 small children and that's a concern I guess. The fact that if there was an intensification. I'm not overly concerned with where it is now but they, I do see them gather because I leave in the morning about 7:30 and I do see them gathering in the front parking lot with the radio on and stuff and the guys getting together and it's, if there gets to be more of that and with the children in the neighborhood, that's my concern. Aller: Thank you very much. Any additional comments? Yes sir. Please state your name and address for the record. Daniel Feller: I'm Daniel Feller. I live at 6430 Bretton Way so it's right across the street from the barn and I pretty much can reiterate what the other two gentlemen before me said. I have the 3 children who play in the cul-de-sac. I walk them up to the bus stop every morning and I can tell you these guys show up. They fly around the corner where there's 10 kids every morning at the bus stop and then they stand in front of their building, drinking coffee, smoking and swearing and then at 8:00 when we usually bring our 2 younger kids who aren't in school, we let them play in the front yard, especially in the summer before it got too hot and then they have all this lawn equipment out there as they're revving it up. Getting it on the trucks. It's just constant noise so we can't even enjoy our front yard anymore. In addition to that if you know any time you drive by there, there is always the electric truck. There is always a storage truck and there's always the custom home truck sitting there that never leaves. They're there right now. They don't leave at night. They don't leave in the day. I'm not really sure what they do there. They've been there for years so that's just kind of like the whole, the whole situation with this property. I moved in in '99 with my wife and I do remember the previous person who was working there was the old, he restored old motorcycles and everything was inside the building and you, I mean you couldn't tell. I mean it was you know a really nice situation but everything now starts coming out of the building. Even stuff being stored outside the building so it just seems like it's become worst as the years go by. That's all. Aller: Thank you sir. Anyone else? Seeing no one come forward, I'll close the public hearing. Discussion. Undestad: I think the answers came out who your tenants are right now. You know the five tenants. It sounds like they're all satellite warehouse people just storing stuff there. They might pop in. They might not pop in but definitely not the activity that's caused by multiple employees. Multiple trucks. Traffic. Motors. I mean it's just, yeah I see this as definitely intensifying the use and compared to you know a 1 or 2 man carpenter shop or any of the 5 businesses that are in there besides Greenscapes right now. Colopoulos: Yeah I think staffs report says it all in this paragraph on page 5. The previous commercial uses were confined to the building. Did not include the storage of landscaping equipment and supplies. Did not have commercial vehicles being parked on the lawn or trailers stored outside overnight. Did not have vehicles being driven away in the morning and returning in the evening and were businesses that operated within the building. I think that, and staff properly has determined that Greenscapes Landscape is classified as a contractor's yard and is an intensification of the non -conforming use of the property. I've seen nothing here presented tonight that would lead me to reach any other conclusion. Hokkanen: I agree. Aller: I'm also hearing the items that are stored and serviced there would definitely meet the contractor's yard definition and so that business I think would fall into that arena. Colopoulos: The safety issues raised also are concerning as well. 34 Chanhassen Planning Commission — September 18, 2012 Aller: And the absence of complaints in the years prior and then the intensification of bringing on the present complaints and concerns of the neighborhood so. Nelson: I would agree. Aller: I would think that the facts that were brought forward substantially and sufficiently meet the burden. So if I have a motion? Hokkanen: I'll propose a motion. The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, affirms staffs determination that the landscape business, Greenscapes Lawncare is an intensification of a non -conforming use of the property and must vacate the property. Nelson: I will second that. Aller: Having a motion and a second. Any discussion? Hokkanen moved, Nelson seconded that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, affirms staffs determination that the landscape business, Greenscapes Lawncare is an intensification of a non -conforming use of the property at 6411 Bretton Way and must vacate the property. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aanenson: Point of clarification again Chairman. This can be appealed to the City Council. Aller: Yes it can so. Generous: Written. Aanenson: It needs a written appeal. Aller: It may be appealed, a written appeal and it will be heard by the City Council. Aanenson: Correct. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated September 4, 2012 as presented. COMMISSION PRESENTATIONS. None CITY COUNCIL ACTION UPDATE. Aanenson: Thank you Mr. Chair. At the September 10" City Council meeting they did approve our last group of PUD's but for Sunny Slope. Someone from that neighborhood wanted some additional information so that's the one we have out there hanging yet. We did do a comp plan amendment and a functional re-classification. We're out for jurisdictional review. We've got some approvals back on that. The metes and bounds was tabled. That should be going at next Monday's City Council meeting and the City Council also approved the Canine Club so, that should be on it's way so get some commercial expansion. And then can we just talk about future business then? Aller: Future business. 35 Engineering Removal procedure for diseased tree(s): Phone: 952227.1160 Infected trees must be removed as flush as possible to groundline, the stump need Fax: 952.227.1170 not be taken out of the ground. The wood must either be completely debarked or Finance taken to be chipped at the Carver County Environmental Center. The center is Phone: 952.227.1140 open Wednesday - Saturday and can be reached at 361-1800 for hours. If a Fax: 952.227.1110 private company is hired to remove infected tree(s), it must do so before the required deadline. Be sure to confirm that the company is licensed and insured. 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 Web Site www.ci.chanhassen.maus Please return the information below by mail, fax or e-mail once the tree(s) have been removed and disposed. Inspection of the removal(s) will automatically happen if the below information is not received at City Hall by the deadline date. Chanhassen City Hall FAX 227-1110 Attn: Jill Sinclair E-mail: jsinclaici.chanhassen.mn.us 7700 Market Boulevard Chanhassen, MN 55317 If you have any questions, feel free to call the city forester at 227-1133. Thank you for your cooperation. Resident address: 6411 Bretton Way Number of trees marked:_1 Deadline for removal: Sept. 30,201 Location of tree(s): See enclosed map Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow NOTICE TO REMOVE DISEASED ELM TREE(S) FROM PRIVATE PROPERTY CITYOF The City of Chanhassen is dedicated to insuring the health and safety of its urban CHANHASSEN forest. In accordance with this commitment, all diseased elm trees pose a threat to healthy elms in our community. A city tree inspector, in accordance with 7700 Market Boulevard Ordinance No. 229, has inspected your property and found diseased trees. PO Box 147 Chanhassen, MN 55317 Deadline to remove tree(s): Under existing Minnesota Department of Agriculture regulations and city Administration ordinance, infected tree(s) must be removed and disposed of within twenty (20) Phone: 952.227.1100 days from receipt of this notice. The removal deadline was Fax: 952.227.1110 Sept. 15, 2012 Building Inspections Phone: 952.227.1180 Failure to remove the tree by _Sept. 30, 2012 will Fax: 952.227.1190 result in the issuance of a citation to this property. Engineering Removal procedure for diseased tree(s): Phone: 952227.1160 Infected trees must be removed as flush as possible to groundline, the stump need Fax: 952.227.1170 not be taken out of the ground. The wood must either be completely debarked or Finance taken to be chipped at the Carver County Environmental Center. The center is Phone: 952.227.1140 open Wednesday - Saturday and can be reached at 361-1800 for hours. If a Fax: 952.227.1110 private company is hired to remove infected tree(s), it must do so before the required deadline. Be sure to confirm that the company is licensed and insured. 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 Web Site www.ci.chanhassen.maus Please return the information below by mail, fax or e-mail once the tree(s) have been removed and disposed. Inspection of the removal(s) will automatically happen if the below information is not received at City Hall by the deadline date. Chanhassen City Hall FAX 227-1110 Attn: Jill Sinclair E-mail: jsinclaici.chanhassen.mn.us 7700 Market Boulevard Chanhassen, MN 55317 If you have any questions, feel free to call the city forester at 227-1133. Thank you for your cooperation. Resident address: 6411 Bretton Way Number of trees marked:_1 Deadline for removal: Sept. 30,201 Location of tree(s): See enclosed map Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow September 17, 2012 Attn: City of Chanhassen Planning Commission Re: Planning Case No. 2012-13 (6411 Bretton Way) We, the residents of Curry Farms, who live near 6411 Bretton Way, respectfully request that the City of Chanhassen Planning Commission uphold the decision of the city's staff that Greenscape LawnCare's use of the property at 6411 Bretton Way is an intensification of the non -conforming use of the property and that Greenscape must vacate the property immediately. In addition, we request that the property and buildings at 6411 Bretton Way be inspected as there are multiple code violations occurring at the property and in the buildings. The disrepair and structural integrity of the buildings on the property could pose a threat to public safety and may fall under the definition of Hazardous building or hazardous property as defined in Minnesota Statute 463.15 and the definition of a nuisance in Section 13, Article I of the Chanhassen City Code. , •. 1► i .vI �IVWIIA , rra Ust".11 191 XI , _ Naomi R. Carlson 5955 Cathcart Dr. Excelsior, MN 55331 June 10, 2000 Ms. Kate Aamenson, Community Development Director P.O. Box 147 Chanhassen, MN 55317 Re: Sect -02 TWP-116 Range -023 RLS 105 Tract C & Also includes: Outlots C & D Curry Farms 2"d Addition Parcel No: R25.6940030 6397 Bretton Way Dear Ms. Aamenson, RECEIVED JUN 21 2000 C1Ty OF CHpNyASStiv I received your letter dated May 24, 2000. You mentioned that you had attached the current zoning. However, no attachment was included. My main concern, however, is that the letter referred to a Rosalie Dodd and her application for a conditional use permit for a stable. Ms. Dodd's property is not the one in question. Prior to my buying the properties located at 6397 and 6411 Bretton Way, Mr. Carl McMahon owned them, and built and operated a manufacturing business dating back to the early 1940's. When rental applicants for my building have approached the City of Chanhassen regarding use of my property, they have been informed of the Conditional Use Permit status and the limitations involved. What I need from you is specific information regarding the permitted uses by the City of Chanhassen under the current zoning laws, so that I will not be taxed by Carver County for a full-fledged commercial property, with no conditions other than normal commercial ones. Please respond with the needed information as soon as possible, as time is of the essence. Yours truly, Naomi Carl n cc: Ms. Angie Johnson Gerald and Karon Story 6281 Teton Lane Chanhassen, MN 55357 September 17, 2012 Attn: Planning Commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55357 Re: Planning Case No. 2012-13 (6411 Bretton Way) Dear Planning Commission: We are submitting this letter for inclusion in the September 18, 2012 Planning Commission meeting agenda regarding the appeal for the property located at 6411 Bretton Way. We are the adjacent property owners and have owned the property at 6281 Teton Lane for over 21 years. We agree with the city of Chanhassen Staff's determination that the landscape business, Greenscapes Lawncare, is an intensification of the non -conforming use of the property and respectfully request that the Planning Commission uphold the Staffs determination. In the attached letter to the city dated September 7, 2012, Ms. Carlson states "I firmly maintain that Greenscapes Lawncare is not an intensification of the use of this grandfathered -in property for the following reasons" and gives six reasons, none of which are valid points in this case. Point 1 is an invalid argument because Greenscapes LawnCare does fall under the definition of a Contractor's Yard, which means any area or use of land where vehicles, equipment, and/or construction materials and supplies commonly used by the building, excavation, roadway construction, landscaping and similar contractors are stored and serviced Greenscapes LawnCare offers landscaping services, whether it is by customer request or not, it would therefore fall under landscaping. Greenscapes could also fall under and similar contractors. Point 2 is also an invalid argument based on the definition. Ms. Carlson makes an assumption about the types of items that are "normally found in a contractor's yard" but she has no expertise on which to make this assumption. The equipment that has been stored at 6411 Bretton Way includes trucks, including a pickup truck with a dump trailer and a chemical spray truck, landscape equipment trailers, and lawn maintenance equipment, which would fall under equipment used by landscaping and similar contractors. Point 3, 4, and 5 are not entirely accurate. As homeowners living at the adjacent property, we are able to see the traffic and activities at the building as it is right outside the window of our main living area Ms. Carlson is not on the premises of 6411 Bretton Way on a regular basis and is therefore not in a position to make these statements or know exactly what is occurring at her property all the time. Greenscapes LawnCare is the first tenant on the property to regularly use the driveway behind the building and also the first to store equipment on the back driveway and on the steep backyard of the building, making their use an intensification of the non -conforming use of the property. In addition, multiple aerial views of the property taken at different time periods before she rented to Greenscapes show no or very few cars parked at the building. Traffic coming to and from the building and vehicles parked at the building are at the highest level we have seen in 21 years. Point 6 is not valid to the determination of whether the use of the property by Greenscapes LawnCare is an intensification of the non -conforming use of the property because storing of equipment on the property, even without the added traffic, would still be an intensification of the non -conforming use of the property. Ms. Carlson goes on in her letter to personally attack us with false statements and accuse us of "harassing some of my tenants for months" which is simply a lie. We were not the first or only neighbors to complain about the ordinances being broken at 6411 Bretton Way, nor have we ever harassed anyone. We have however, been on the receiving end of harassment and countless belligerent phone calls from Ms. Carlson and heard on multiple occasions that we have no rights as property owners to complain about anything she does because her property is "grandfathered in" and she has "friends at the city." Over the 21 years we have owned our property, Ms. Carlson been arrogant and hostile towards us and seems to believe that she is above the law and that grandfathered in means she can do anything she wants with her property. She thinks she does not need to comply with city ordinances as the rest of us do, which she makes clear by the last statement in her letter "I have the right to allow my property to be occupied by Greenscapes." What we have done as property owners is take pictures of the activities at the building to provide proof to the city of the activities occurring there. Exercising our right to complain about an adjacent property owner breaking city ordinances is not "harassing." In addition to Greenscapes LawnCare using the back driveway and yard of the building, they attempted to use the driveway to our residence which is an ingress/egress easement for the sole purpose of accessing our property. Greenscapes LawnCare attempted to drive down our driveway and proceed to drive down the steep yard to Ms. Carlson's building. The grade of the yard is approximately 30% and it is not safe for driving, nor is it a driveway of any sort. We have maintained and cared for the driveway to our property for over 21 years and there is simply no reason for any tenant in Ms. Carlson's building to ever use our driveway for access to the building when there is a driveway in the front and back of the building. We respectfully request that you uphold the staff's decision that Greenscape's use of the property at 6411 Bretton Way is an intensification of the non -conforming use of the property and that Greenscape and any other nonconforming tennants be asked again to vacate immediately. In addition, we request that the property at 6411 Bretton Way be inspected as there are multiple code violations occurring at the property. The disrepair and structural integrity of the buildings on the property located at 6411 Bretton Way could pose a threat to the safety of the residents surrounding the property and may fall under the definition of Hazardous building or hazardous property as defined in Minnesota Statute 463.15 and the definition of a nuisance in Section 13, Article I of the Chanhassen City Code. Sincerely, Gerald & Karon Story C LA -P W-) I have researched our files on this subject site and have the following information: 1. The property is zoned RSF (Residential Single Family). 2. The site is guided Low Density Residential (1.2-4 units an acre) in the 2020 Land Use Plan. 3. In 1969 the city granted a special use permit to F C. Loris for not more than 36 horses, colts or ponies located on 22 acre. There were 4 banns that were on the subject site that were a part of the Special Use Permit. 4. On May 11, 1970 the subject (Twin Hills Estate) was given a Conditional Use Penn based on an application made by Franco C. Loris. The permits limited the number of horses to 36. 5. In 1971 the city was informed the there were site business operating at said address. The property was zoned agricultural and residential and the following uses were identified at the city. Ratliff -Nicholson, Inc., Precision Instruments, Inc, D & J Excavating, Inc and Farrell Products, Inc. At this time it was noted the only non -conforming use was the wheelweight business of Precision Instrument, Inc. Twin Hills Stable has a Conditional Use. 6. In 1975 the city council established an ordinance regulating horse boarding and stables. 7. In 1975 Carver county District Judge order the Twin Hill Stables to compliance and corrective means or to prevent pollution material from entering the Christmas Lake. 8. On May 21, 1976 the city had a verified in Carver County District Court against Twin Hills Stables stating that that the property is zoned R -I A Agricultural and that the premises was used in a manner contrary to the city ordinances of Chanhassen. The owner was told immediately cease all activities in violation of city ordinances. 9. In August of 1997 Rosalie M Dodd M.D. applied for a stable permit. 10. In 1987 during the Curry Farms Plat discussion it was stated by Richard Carlson that there were two woodshops in the existing bam and someone who restores antique motorcycles in the building. These uses are in violation of city ordinances. 11. The city ordinance states that nonconforming use cannot be expanded or intensified. REGISTERED LAND SURVEY NO. 10--> A Carver County, Minnesota I hereby certify that In accordance with the provisions of Chapter BOB. Minnesota Statutes of 1949 as amended. 1 have surveyed the following described property situated in the County of Carver. State of Minnesota, to it: Tract 'B' of Registered Land Survey No. 28 according to the Dlet thereof on file Said of record. Office of the Registrar of Tltlea, Carver County, Minnesota, excepting therefrom that part of Tract 'B', Registered Land Survey No. 28, described as follows: Commencing at Northeast corner of said Tract "B'. thence due South along Hast line of sold Tract. 197.74 feet; thence South 880 04' West. 331.7 fest to actual point of beginning; thence Continuing South 880 04' "St. 45 feet: thence North 10 56' West, 66 fast: thence South 880 04' Meet 42 feet: thence South 10 Se' bast 65 feat; thence South 880 04' West, 58 feet: thence North 770 44' West. 58 feet; thence North 670 44' West. BT feet: thence North 850 141 West. 38.94 feet to A point In Meat Line of said tract. distant 145.22 feet South of Northwest corner thereof: thence Northerly 145.22 feet to said Northwest corner: thence Easterly along North line of said tract 295.54 feet to an Intersection With a line bearing North 10 56' Wept from actual point of beginning; thence South 10 un' East. 194.28 feet to actual point of beglnning. ALSO EXCEPTING: That part of Tract 'B'. Registered Land Survey 80. 28, Carver County. Minnesota described as follows: Commencing at Northeast corner of said Tract 'B". thence due South along East line of said tract 211.74 feet: thence South 880 04' West 165.85 fast: thence North parallel with the East line of Bald Tract 14 feet; thence South 880 04' West 155.85 feet; thence North 10 56' West 194.28 feet to North line of said tract; thence Easterly along North It.. of said tract 338.38 feet to actual point of beginning. ALSO EXCEPTING: That part of Tract B. Registered Land Survey No. 28. Carver County. Minnesota described as follows: Beginning at the Southeast corner of sold Tract B: thence due North along the East line of said Tract 6, 323.85 feet to point 211.74 feet South of the Northeast corner of said Tract B as measured along the East line thereof; thence South 88 degrees 04 minutes West, 165.85 feet,. thence South 1 degree 38 minutes East, 112.61 feet: thence North 81 degrees 50 minutes West. 59.39 feet: thence South 89 degrees 02 minutes West, 185.25 feet; thence South 1 degree 02 minutes West. 16.5 feet; thence North 88 degrees 58 minutes Melt. 147.31 feet to the Westerly line of said Tract B; thence South along said Westerly line 198.95 feet to the Southwest corner of said Tract B: thence Easterly along the South line of said Tract B. 553.77 feet to the point of beginning. ALSO EXCEPTING: That part of Tract B. Registered Land Survey No. 28. Carver County, Minnesota described as follows: Commencing at the Northeast corner of said tract; thence due South along East line of said Tract 197,74 feet: thence South B80 04' West. 376.7 feet, thence South 10 56' East, 65.33 feet to actual point of beginning of tract of lend to be described: thence North 10 58' West 51.33 feet: thence South 800 04' Meet. 101.74 feet: thence North 770 44' Nest. 60.97 feet: thence North 870 44' West. 66.07 feet: thence North 850 14' West. 35.67 feet to the West line of said tract; thence southerly along said Meat line 24.71 feet to an intersection with a line bearing North 480 15' Meat fro. a point bearing North 890 19' West. 190.50 feet from actual point of beginning: thence South 480 15' East, 92.88 feet to said point bearing North 890 19' West, 190.50 feet from actual point of beginning: thence South 090 19' east. 190.5 feet to actual point of begloning. 274 Sheet 1 of 3 51,1, REGISTERED LAND SURVEY N0. / 05 (2- C.,. Carve Co.0" Minneeom 1N 0 Denotes ./adlClal LmOmorh O Denotes I/2-MCh N 11-Mch set hon 60 O 60 120 robot marled by Licence No. 12093 Westwood Su 63.00 y 301°38,00�! W 8 + Scale In feel 3 1 � el m j�. 8, .NE cwn✓0I FM a, !' 3 XW[pmr Ol 3E wrn•,W noel R RLS N0. 26 RLS 11 2a NpNTN a 99LM0 9 - 1 EM,39 'NCO ty �• Nem Mm si J.), e Seum— /97N ,__ Norin�,j� _ I ... 323.%- — SIct Eeel M TrM a• � fl.L3. N0.1// (/ 1 Im y• 1 se j Z' =sm m a I S OIe J6 —•,� n 61 2 61 m f g z = 193 o �R 2 n I m ... g I r : c II6 A � C W n/i 1 _ \ W Z - 195M Neee. `-J m W I X I No'°S6'We, 199. tB 0.9e n 8 R I 3 m1 8$ Noe%a41. I I %.aa r ;,_ 3l J] 9 16.d°O2L0"W 90 Z m 3 f a $q� _R & Westwood Su 63.00 y 301°38,00�! W 8 + 0 8 =I 3 1 � el m j�. 8, !' 3 Westwood Su fl u nl�. /Y /Wly�jm 0 8 3 1 � el m Xa]°N OO�N 0. XW[pmr Ol I =6 39924wa_ nor,q RL3 a 99LM0 9 M1Ne b \I Nl• 2^myj 1 EM,39 ty �• Nem Mm si J.), e ", %_ f.,): • 1620' V.210w0 . I". _ I ... l i_.? Z}3Y Mee•+ Westwood Su W 12U6 Shenl 3of 3 SMe1, 2746 b /6j u nl�. /Y /Wly�jm 0 8 3 1 � el m ' a M1Ne b \I Nl• 2^myj •'� ty �• Nem Mm si J.), e •R O t=n / 1 W 12U6 Shenl 3of 3 SMe1, 2746 r h' N REGISTERED LAND SURVEY N0.2_1 CARVER COUNTY. MINNESOTA Denotes Judicial Land mar N. AUGUST, 1964 Denotes Iron Monument, EGAN, FIELD A NOwAx Bearings Shown Are Assumed. SCALE: 1" - 200' StatVEYORS +C. ( I herebv certify that in accordance with the provisions sj0n\ of Chapter 508, Minnesota Statutes of 1949, as amended, I he r d the f Ilowin described tract of land ve su veye o 9 n in the Counly of Carver and State of Minnesota, fowl t: Tracts A and B, Registered Lend Survey No, 11, Files of the Registrar of Titles, Carver County, Minnesota, That the survey shown hereon is a correct delineation of said survey. Dated this L9rwday of A✓oast A. 0. 1964A This Registered Lana Survey was approved and accepted by the Town Board of the Tcwnsh i�q of Chanhassen at a regular meeting thereof held Inis_I16 )day of Seyyt PiW U. 19 clerk of Ipwn ucaro This Re 9islered Land Survey was approved and executed by the Board of Comnissioners of the County of Carver, Stale of Minnesota, at a regular meeting thereof held this2z- day of r.0.!<4' A.D. 1%4. SSyz-s syr �i YB-zri aY 4z LY ,y n n T.r. .,.) v....... 4 ��y•c r. c 9RR Tam aid and bwdff by WIFICATE NUMBER —41L.,— BOOL11 FAK—UI ;ATE IfATE DF mmESOTk ". .104.1. Ise ;F;[CE OF TME REQWER OF db, Sheet Two of Two sheets REGISTERED LAND SURVEY NO. CAROB COUK71f, M10114150TA L,,d-e,,f 0 * Na"A� 05 7EGAN,15,0,6 0; X 5cjle. farrj 17v qL P4 '4 Tam aid and bwdff by WIFICATE NUMBER —41L.,— BOOL11 FAK—UI ;ATE IfATE DF mmESOTk ". .104.1. Ise ;F;[CE OF TME REQWER OF db, Generous, Bob From: N R CARLSON Inaomicarlson@msn.com) Sent: Monday, September 10, 2012 2:04 AM To: Generous, Bob Subject: Replacement Supporting Document Attachments: Chanhassen Supporting Docs.doc, Aerial Photo Bretton WayJpg Please replace the letter I sent you on Friday with this one. Thanks, Naomi 6� Al 116) �`- Generous, Bob From: N R CARLSON [naomicarlson@msn.com] Sent: Tuesday, September 11, 2012 9:43 PM To: Generous, Bob Subject: RE: Replacement Supporting Document I left for an appointment soon after reading my email, so I wasn't able to send the list before your closing time. I am also faxing a new picture of the property, as I don't think the emailed one can be enlarged sufficiently. The current tenants at 6411 Bretton Way are: Lessee K2 Electrical Services Lake Country Builders Custom Charters Bemm Restoration Andrew Clark Greenscapes Lawncare Thanks, Naomi Lease Date June 2002 October 2005 November 2005 May 2011 August 2011 August 2012 From: bgenerous(aoci.chanhassen mn.us To: naomicarlson(o msn.com Subject: RE: Replacement Supporting Document Date: Tue, 11 Sep 2012 19:29:22 +0000 Thank you. From: N R CARLSON [mailto:naomicarlson(a)msn.coml Sent: Tuesday, September 11, 2012 2:11 PM To: Generous, Bob Subject: RE: Replacement Supporting Document :.. Yes, I will send the list . Naomi From: bgenerous(alci.chanhassen.mn.us To: naomicarlson(&msn.com 1 Subject: RE: Replacement Supporting Document Date: Tue, 11 Sep 2012 18:47:51 +0000 Naomi: One question that will come up is who are the current occupants of the building and how long have they been there? Could you provide me with a list of tenants for the building and their dates of occupancy? From: N R CARLSON [mailto:naomicarlson()msn.com] Sent: Monday, September 10, 2012 2:04 AM To: Generous, Bob Subject: Replacement Supporting Document Bob, Please replace the letter I sent you on Friday with this one. Thanks, Naomi Sep.11.2012 21:51 PAGE. 1 *�i .hi`. _G�-.� _ .r r.4 } _ -,� S L _ .I��1 �� SH � s "!Y � '- Y'-, 4. �f � � i jj'I1 I 'fes 'i. b 2 s .r .te � .{n`� a - ax 'i i.- . .. � v: ,� �.. b �. .+. .. �. .. �' ..: 1'x� Y. ' r� .. r- r , r � i �.�` � � �= . ;� ` ,� _ .R �\ r: < 'y i ..:1 �\ � .� I. ' .� J i( i'. '. �� ) y� ti �,' _ �a •J % y 3J `.' L i � .. _...er-. a �' �� -r .. - k= e _ ; r� ` �� ,, Y A � . i. _ J.fe. A� 4 f .' T 'may k j L A.� ER"�.: �-. .'°�.YSY� � .I i.:A _. �I4p.M Ynel ,. wL r � a. :•l'r'S r.Y'.�. CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 18, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to review an Appeal of an Administrative Decision regarding the determination of the intensification of a non- conforming use on property zoned Single Family Residential (RSF) located at 6411 Bretton Way (Tract C, RLS 105 and Outlots C & D, Curry Fares 2nd Addition). Applicant/Owner: Naomi Carlson. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2012-13 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: beenerousgci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on September 6, 2012) SCANNED 6411 BRETTON WAY APPEAL - PLANNING CASE 2012-13 $100.00 Zoning Appeal $100.00 TOTAL $100.00 Less Check #9232 from Naomi Carlson $0.00 BALANCE SCANNED Carver County, MN Imd.mar. This map was aaated using Carver county, Geogmpld, Map Scale N InMmatlon Systems (GIS). A is a conpilatro of of r ano and data Irom vada, cAy.cwnty, State, add Federal ofaues This map of not. 1 inch = 301 feet sayeyfiE a "sky recorded map and is intended to 0e used as a WE ralererne.d hiGiver County is not responsible fa any maccura s Map Date canta.teerem 8/27/2012 S CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 08/29/2012 1:19 PM Receipt No. 00197283 CLERK: AshleyM PAYEE: Naomi Carlson 5955 Cathcart Drive Excelsior MN 55331 - Planning Case 2012-13 6411 Bretton Way Appeal -------------------------------------- Zoning Appeal 100.00 Total Cash Check 9232 Change 100.00 0.00 100.00 0.00 SCANNED Generous, Bob To: N R CARLSON Subject: RE: Appeal Naomi: As I told you when you submitted the appeal application, I need you to provide a narrative as to why you disagree with staffs determination that the landscape service is not an intensification of the use of the property at 6411 Bretton Way. Otherwise, I have nothing to attach to the report. I need this narrative by Fri. September 7, 2012. From: N R CARLSON [mailto:naomicarlsonCalmsn.coml Sent: Friday, August 03, 2012 2:20 PM To: Generous, Bob Subject: RE: Appeal Bob, My attorney called just a minute ago. When he and I spoke earlier he was not in his office. The meeting, scheduled for his earliest opening, is Thursday, Aug 16. Naomi From: bqenerous(@ci.chanhassen.mn.us To: naomicarlsonCalmsn com Subject: RE: Appeal Date: Fri, 3 Aug 2012 19:01:18 +0000 Naomi: I had the wrong week for when I anticipate your attorney will contact me. It should be the week of August 13, 2012. ;.. From: N R CARLSON [mai Ito: naomicarlsonC&msn.com] Sent: Friday, August 03, 2012 1:36 PM To: Generous, Bob Subject: RE: Appeal Bob, I was waiting to respond to your email until I could speak with my attorney, which I did so today. He will be out of the office next week, but we will be meeting early the following week. Soon after that, he will contact you and do the required scheduling. I'm sorry I cannot complete your request today, but I think it is in my best interest to let my attorney handle this important matter for me. Naomi From: boenerous(a)ci chanhassen.mn.us To: naomicarlson(o)msn com Subject: Appeal Date: Thu, 2 Aug 2012 20:45:53 +0000 Naomi: Could you submit you appeal application by Friday 8/3 so that we can schedule you for the Sept. 4"' Planning Commission meeting. You don't necessarily have to have all your narratives/discussion completed until next week . Bob Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952) 227-1131 boenerous(a)ci.chanhassen.mn us