3 Rezone 9201 Audubon RoadCITY OF
PC DATE: 7/1/03
CC DATE: 7~28/03
REVIEW DEADLINE: 7~29~03
CASE #: 2003-2 Rezoning I1... 1Z II
STAFF REPORT
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PROPOSAL:
LOCATION:
APPLICANT:
Request for a rezoning from A2, Agricultural Estate District, to lOP, Industrial-
Office Park, to use an accessory structure as an antique and classic boat and
refinishing shop.
9201 Audubon Road
Eric Theship-Rosales 0~f
9201 Audubon Road
Chanhassen, MN 55317
PRESENT ZONING:
2020 LAND USE PLAN:
ACREAGE:
DENSITY: NA
A2, Agricultural Estate District
Office/Industrial
1.66 acres
SUMMARY OF REQUEST: The property owner is requesting a rezoning of a portion of his property.
to permit him to use an existing accessory structure for an antique and classic boat and refinishing shop.
He would continue to live in the house on the site.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has a relatively high level of discretion in approving rezonings because the City is acting in its
legislative or policy making capacity. A rezoning must be consistent with the City's Comprehensive
Plan. ~
~yman Blvd (C.R. 1
9281 A:SdUb°~ i
a~ (Hwy 14)
/
Theship-Rosale Rezoning
July 1, 2003
Page 2
PROPOSAL~UMMARY
The property owner is requesting a rezoning of his property from A2, Agricultural Estate District, to
IOP, Industrial Office Park, to use an accessory structure as an antique and classic boat and refinishing
shop. The City has noticed and reviewed the application as a rezoning of the entire parcel to IOP.
However, the applicant would like to only rezone the easterly 120 feet of the property to lOP so they can
keep their house on the front part of the property and use the back half for the operation of his business.
The property is accessed via a gravel driveway with the neighbor to the south. The neighbor's
driveway runs parallel to the Theship-Rosales driveway. A single-family home is located on the
property to the south. The property to the north, east and south is zoned A2 and Bluff Creek Overlay
District. This area is guided by the 2020 Comprehensive Plan for Office/Industrial and Parks and
Open Space. The land to the north and east is currently being used for agricultural purposes. The
property to the west, in Chaska, is zoned for office and industrial development.
The site is located within the 2005 Metropolitan Urban Services Area (MUSA). City sewer and water
service is not currently available to the property. The site is currently being used for a single-family
home with separate storage/garage buildings. The comprehensive plan states that "regardless of a
property's land use designation, properties not served by urban services shall not be rezoned to a
zoning category consistent with the land use designation until such time as urban services are
available. Current zoning of a parcel with a less intensive land use designation may remain.
Intensification of land uses may only happen with the provision of urban services."
The site slopes down from Audubon Road to the east to the Bluff Creek corridor area. A treed area is
located in the eastern portion of the property.
The use of the site for industrial development may negatively impact the residential use of the
property and abutting residential property. If the property is rezoned, the only restriction on the use of
the land is the requirements of the Industrial Office Park District, lOP, which would permit offices,
warehouses, light manufacturing, etc. From a practical standpoint, the IOP district requires a
minimum lot area of one acre with a minimum lot depth and width of 200 feet. The area being
proposed for rezoning is approximately 0.64 acres with a depth of 120 feet and an average width of
231 feet. This does not comply with the district regulations.
Access to the site would be through a gravel driveway, rather than an improved driveway, i.e., asphalt
or concrete. This driveway provides access to the existing house on the site as well as the accessory
building. Use of this driveway for an industrial use could negatively impact the residential use of the
driveway.
Staff is recommending denial of the rezoning of the property to IOP, Industrial Office Park. It is
premature to rezone the property to lOP without the provision of urban services. Additionally, it is
uncertain whether this property should be rezoned for industrial uses or for office or institutional type
uses.
Theship-Rosale Rezoning
July 1, 2003
Page 3
BACKGROUND
On September 24, 2001, the Chanhassen City Council approved Conditional Use Permit 4/2001-5 to
permit construction of a 1,640 sq. ft. garage/pole barn subject to the following conditions:
1. Show the location of the proposed driveway access to the garage. Also, show the proposed
driveway grade.
2. Show the proposed floor elevation of the new portion of the garage.
3. ShOw all existing and proposed contour elevations.
4. Add silt fence along the north side of the proposed garage.
5. Them shall be no grading past the top of the bluff line as shown on the survey dated July 26,
2001.
The applicant must contact the Inspections Division to discuss the possibility of locating and
establishing an alternate on-site sewage treatment site. This site as well as the existing site must
be protected from damage during the construction of the building.
7. A building permit must be obtained before beginning construction.
8. The 10-foot side yard setback on south property line must be shown accurately to scale.
9. The proposed garage/pole barn may not be used to conduct any home occupation as subject to
Sec 20-977 of the ordinance.
At that time, the city also approved a 3,654 square foot lot area variance from the minimum 2 1/2 acre
for the property, as it was a nonconforming lot of record.
On June 23, 2003, the city approved a Conditional Use Permit for development in the Bluff Creek
Overlay district to permit the applicant to expand the existing house on the property subject to the
following conditions:
The on-site sewage treatment system must be inspected to determine if it is in compliance with
City Code and the size of the system must be increased after inspection if necessary to
accommodate the addition of two bedrooms. The compliance report must be received, and the
permit to increase the size of the system must be issued, before the building permit for the
addition can be issued.
The septic tank must be a minimum of ten (10) feet from the addition. This site as well as the
existing site must be protected from damage during the construction of the building.
3. A building permit must be obtained before beginning construction.
Theship-Rosale Rezoning
July 1, 2003
Page 4
4. The applicant shall enter into a conditional use permit agreement with the city.
5. The application for building permit 'shall include a haul route for removal of excavated
material from the site.
Erosion control shall meet the City's Best Management Practices. The applicant shall submit
an erosion control plan with the building permit application.
The existing driveway shall act as the construction entrance. All tracking of dirt or debris
from the site onto the public roadway shall be removed daily or upon verbal notice, the City
shall clear the dirt or debris using a contractor or city forces and equipment and charge the
property owner.
All disturbed areas will be seeded and mulched within 2 weeks of grading work stopping,
except in the case of'temporary delays longer than 2 weeks, in which case the applicant may
submit an alternate for temporary stabilization of the site for consideration by the City
Engineer and Water Resource Coordinator.
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Construction shall be limited to between the hours of 7:00 a.m. to 6:00 p.m. on weekdays and
9:00 a.m. to 5:00 p.m. on Saturdays. No construction shall be allowed on Sundays or legal
holidays.
Although the property is currently zoned A2, permitting a single family home; it, as well as the
surrounding properties, are guided by the 2020 Land Use Plan for Parks/Open Space and
Office/Industrial uses. The city is currently conducting an Alternate Urban Area wide Review
(AUAR) study of 650 acres which includes the subject site. The purpose of the AUAR is to facilitate
the future development of the area. Issues that will be examined will include: environment, traffic
circulation, zoning, land use, infrastructure, etc. Until this study is completed, it is premature to
change the permitted intensity of development of the area.
MISCELLANEOUS
This change in use would require that the building be re-classified into the appropriate occupancy group.
The owner must submit a detailed account of the finishing process, and types and quantities of materials
used and stored. After review of the information, the building can then be classified as to its use. The
building cannot be occupied until any required alterations are complete and a certificate of occupancy is
issued. The owner shall meet with the Inspections Division to discuss the code ramifications and
inspections process, resulting from the change in occupancy.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning recommends denial of the rezoning of the property from A2, Agricultural Estate
District, to IOP, Industrial Office Park based on the findings of fact attached to this report."
Theship-Rosale Rezoning
July 1, 2003
Page 5
ATTACHMENTS
2.
3.
4.
5.
6.
Findings of Fact and Recommendation
Letter from Eric S. Theship-Rosales to Bob Generous dated 6/10/03
Development Review Application
Reduced Copy of the Survey for Erik Theship-Rosales
Email from Connie and George St. Martin to Bob Generous dated 6/23/03
Public Heating Notice and Mailing List
Theship-Rosale Rezoning
July 1, 2003
Page 6
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Eric S. Theship-Rosales for rezoning of his property from Agricultural Estate District,
A2, to Industrial Office park District, IOP.
On July 1, 2003, the Chanhassen Planning Commission met at its regularly schedule meeting
to consider the application of Eric Theship-Rosales for rezoning property from Agricultural Estate
District, A2, to Industrial Office park District, IOP. The Planning Commission conducted a public
hearing on the proposed rezoning preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
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o
The property is currently zoned Agricultural Estate District, A2.
The property is guided in the Land Use Plan for Office/Industrial and Parks and Open
Space
The legal description of the property is: see attached Exhibit A
The site is located within the 2005 Metropolitan Urban Services Area (MUSA). City
sewer and water service is not currently available to the property. The site is currently
being used for a single-family home with separate storage/garage buildings. The City
is undertaking an Alternate Urban Areawide Review (AUAR) to determine the
environmental and physical impacts of development in the 2005 MUSA. The AUAR
is to be completed by the end of 2003.
The City of Chanhassen 2020 Comprehensive Plan adopted June 28, 1999, page 11,
provides that regardless of a property's land use designation, properties not served by
urban services shall not be rezoned to a zoning category consistent with the land use
Theship-Rosale Rezoning
July 1, 2003
Page 7
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designation until such time as urban services are available. Current zoning of a parcel
with a less intensive land use designation, may remain. Intensification of land uses
may only happen with the provision of urban services. Intensification of the land use
without the provision of adequate urban services may negatively impact the
environment and community. Rezoning of the property from A2 is premature until the
City determines the appropriate intensity of develoPment for this area.
The application to rezone the property is premature.
The planning report//2003-3 Rezoning dated July 1, 2003, prepared by Robert
Generous is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council deny the rezoning.
ADOPTED by the Chanhassen Planning Commission this 1st day of July, 2003.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
EXHIBIT A
That part of the followin~ described proper~y:
Those parts of Government Lots Two and Three, Section Twenty-two,
Town~hip One Hundred Sixteen North. Rang~ ~enty-~hree West of the
Fifth Principal Meridian, described as follows: Beginning at the
Southeast corner of said Government Lot Three; thence on an assu~ed
bearing of North 0 degrees 29 minutes 11 seconds East, along t~e East
line of said Goverru~ent Lot Three, a distance of 1306.64 feet to eke
Nor~heas~ corner of said Government Lo~ Three; thence North 44
degrees 16 minutes 22 seconds West, along a line extending ~o the
Norzhwes5 corner of said Gover~ent Lot Two a distance of 321.i0 ~eet;
nhence Southerly a distance of 116~40 feet along the non-tangential
curve concave to the East: havin~ a radius of 3477.15 feet, a central
angle of 1 de~ree 55 minu~es 05 seconds and the chord o~ sai~ curve
bears $out~ 6 degrees 47 minutes 28 seconds West, thence South S
degrees 49 minutes 56 seconds West~ tangen~ to said curve~ a distance
of 203.36 fee~; thence Southerly a distance of 279.51 fee~ aionq a
tangential curve concave ~o the East~ having a radius of 1940.17 fee5
and a central angle o~ 8 degrees 15 minutes 16 seconds; thence South
2 de~rees 25 minutes 20 seconds East, tangent to ~he last described
curve, a distance of 450.30 fee~; thence Southerly a distance o~
36S.70 feet along a tangential curve concave to ~he Eas~ havin~ a
radius o~ 1798.65 feet and a central angle of 11 degrees 44 minutes
42 seconds; thence South 14 degrees 10 minutes 02 EaSt, ~angent to
the last described curve, a distance of 129.50 feet uo the So~h line
of said Government Lot ~nree; thence Nor'~h 89 de~rees 55 minutes 44
seconds East, alon~ said South line~ a distance of 151.9S f~e5 to the
point of beginning~
Which lies Northerly of a line bearin~ North S6 degrees 42 minuUes 35
seconds West from a point on 'abe East line of said Government Lo~
Three distanz !76.09 feet Southerly of the Northeast corner o~ said
Governmen~ Lot Three, Carver County, Minnesota.
June 10,2003
Eric Theship-Rosales
Kathleen Theship-Rosales
9201 Audubon Road
Chanhassen, MN 55317
City of Chanhassen
City Planning Department
Attn: Bob Generous
Dear Bob,
Here is the letter you asked for describing the portion of my property I am
applying to re-zone. I have marked it out on the attached/reduced copy of the
most recent survey dated 5/6/03.
The property is presently zoned A2 Agricultural Estate.
A line drawn north from the southern boundary line which starts on the
southern boundary line 120 feet from the south-east corner of the property will
establish the new zone. The areas to the west will remain A2. The areas to the
east will become I.O.P.
Thank you,
Eric S. Theship-Rosales
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TOP OF IRON
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FO~JND IRON
APPROXIMATE LOCATIO~I OF
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· ~ WiRE FENCE-A.
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, UN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
APPLICANT:
ADDRESS:
TELEPHONE(Daytime)
OWNER:
ADDRESS:
TELEPHONE:
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
~'"Rezoning
Sign Permits
Sign Plan Review
Site Plan Review*
Subdivision*
__ Temporary Sales Permit
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign
X
Escrow for Filing Fees/Attorney Cost*;*
($50 CUP/SPRNACNARNVAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
~Building material .samples must be submitted with site plan reviews.
*Twenty-six full size folded copies of the plans must be submitted, including an 8Y2" X 11" reduced copy
for each plan sheet.
** Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
REQUESTED ZONING
YES 'P~ NO
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST /~ v/-)-~ ~ (~
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 ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action bythe 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.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extensions are approved by the applicant.
Signature of Applicant
Signature of Fee Owner
Application Received on ~-'o~q -0~.,~ Fee Paid
Date
Receipt No. ~TrTgsD t~
The applicant should contact staff for a copy of the staff report which Will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant'S address.
====================================
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Page 1 of 1
Generous, Bob
From: stmarting@msn.com
Sent: Monday, June 23, 2003 4:00 PM
To: bgenerous@ci.chanhassen.mn.us
Subject: Rezoning Hearing
Mr Bob Generous,
This note is in response to the hearing on July 1 for the Theship-Rosales application to rezone their
property at 9201 Audubon Rd from Agricultural/Estate to Industial Office Park. We live next door at
9231 Audubon Road and feel there are some noise and access issues for industrial to be in such close
proximity to us.
The Theship-Rosales have a boat refurbishing shed they built a stone's throw from our living room,
bedroom, and deck. They built the shed ten feet from our property line. Although we don't care what
goes on inside the closed doors of the shed, we feel that there should be some ground rules regarding
consideration for our quality of living and maintenance of our property values.
The existing compressors/generators in the red hut and grey wooden box near our property line should
be contained inside the larger shed. We don't want to listen to this loud noise for hours on end. Eric
Theship wears professional ear muffs to grind. We don't want to wear ear plugs to sleep or sit on our
deck! Eric's boat work should be done 8-5 Monday through Friday. The door to Eric's shed should be
closed so that we don't have to see or hear his work.
Also, greater care should be taken to keep tow trucks, boats, delivery trucks and construction equipment
off of our driveway. We've re-rocked it to get rid of the ruts and it's not meant to be used as a public
alley. Perhaps Eric should put up a wooden or rock fence between our properties to keep vehicles off of
our property. (We have already decided against Theship's requests to sell them part of our driveway or
to make an access gate to drive onto our property through a fence.)
We're retired and would like some relaxation before this 600+ Bluff Creek acreage goes into massive
redevelopment.
Connie and George St. Martin
6/23/2003
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JULY 1,2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL:
Rezone Property to
Industrial Office Park
APPLICANT:
LOCATION:
Eric Theship-Rosales
9201 Audubon Road
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Eric Theship-Rosales, is requesting a rezoning of the property from A2, Agricultural Estate to lOP,
Industrial Office Park located at 9201 Audubon Road.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Bob at 227-1131 or e-mail bgenerous@ci.chanhassen.mn.us. If you choose to submit written
comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies
to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on June 19, 2003.
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Dean & L. Degler
9111 Audubon Road
Chanhassen, MN 55317
George St. Martin
9231 Audubon Road '
Chanhassen, MN 55317
Eric Rosales-Theship
9201 Audubon Road
Chanhassen, MN 55317
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