3 Zoning 615 Flying Cloud Drive4
CITY OF
690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900 · FAX (612) 937-5739
TO:
Board of Adjustments and Appeals
FROM:
Sharmin A1-Jaff, Planner II
DATE: June 20, 1996
SUBJ:
Zoning Classification for 615 Flying Cloud Drive, Former Super America Site
APPLICABLE REGULATIONS:
Section 20-28 Co)(1) of the zoning ordinance grants the Board of Adjustments and Appeals 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 employee in the administration of the Zoning Chapter.
Section 20-203 of the zoning ordinance states that where interpretation is needed as to the exact
location of the boundaries of any district, the board of adjustments and appeals shall make the
necessary interpretation.
BACKGROUND
The former Super America site is located south of Highway 212 and is legally described as Part
of Government Lot 3, Section 36. The site has an area of 23,220 square feet and contains a one
story (23' x 40') building and a (8' x 24') storage enclosure at the back of building. The site
has not been used as a gas station since approximately 1993. Therefore any non-conforming use
of the site has expired.
Adjacent zoning and land use include Highway 212 to the north, Rice Lake to the south, Western
Motel to the east (zoned Agricultural Estate Distric0, and an abandoned drive-in (Tri-Y) which is
zoned Fringe Business. The Ordinary High Water mark for Rice Lake is 699.2. The lowest floor
elevation for the existing building is 725.98.
There is a question regarding the zoning status of the site. We believe the site is zoned A-2,
Agricultural Estate District. However, it appears that staff may have told the owner that the site
is zoned BF when he called to ask city staff about the zoning due to an error in the printed
zoning. He paid for the site thinking it had commercial status. We have not seen any
documentation that confirms his claims. There is one zoning map that shows the site zoned BF
from 1989. We have been unable to locate any rezoning information.
Board of Adjustments
Sune 19, 1996
Page 2
The following chronology constitute our research and information located in Planning
Department files as it relates to this site.
February 1972:
October 4, 1976:
November 8, 1978:
December 4, 1978:
April 8, 1983:
May 5, 1993:
April 30, 1985:
May 20, 1985:
July 25, 1985:
August 1, 1985:
August 16, 1985:
August 19, 1985:
HISTORY
The Zoning map shows the subject site in an Agricultural Residence
District.
Variance request to construct a pump island canopy within the fi.om yard
setback. Variance was granted.
A building permit was issued for a prefabricated metal storage shed
building (8' x 24').
Variance request for a metal storage shed (24' x 8').
Building permit for a shed (8' x 10').
Building permit was issued to remove Underground Storage Tanks
DNR sent memo regarding Proposed Septic System for Super America.
a. Construction of system will not encroach on any part of Rice Lake.
b. Location of property appears to be at the outermost edge of the
shoreland district, if in it at all.
c. The system has been adequately designed considering the site
limitations. Recommendation to regularly monitor the system to
insure there are no seepage. The system cannot conform totally
with the concepts of keeping the system four (4) feet above the
highest known groundwater table and steep slope considerations.
Onsite Sewage Treatment System permit was approved.
Building permit was issued for an existing building to move storage tanks.
Septic inspection
An inspection was conducted for the Tanks and Drainfield. "Tanks set
OK."
Septic inspection
August 20, 1985: Septic inspection
Board of Adjustments
June 19, 1996
Page 3
December 1986:
June 1987:
June 13, 1988:
April 25, 1988:
The Zoning Map shows the site zoned A-2
The Zoning Map shows the site zoned A-2
A Zoning map attached to a staff report CUP 88-6, shows the subject site
within an A-2 District.
A Zoning map attached to a staff report CUP 88-4, shows the subject site
within an A-2 District.
August 8, 1988:
City Council approved a CUP to construct an 80 square foot pylon sign for
Super America. The Zoning Map shows the site ZOned A-2
August 24, 1989:
Zoning Map shows BF district line drawn over subject site allowing the
site to appear in a BF district
January 29, 1990:
A Zoning map attached to a staff report CUP 90-1, shows the subject site
within an A-2 District.
September 12, 1994: A Zoning map attached to a staff report amending the zoning ordinance as
it relates to the BF district, shows the subject site within an A-2 District.
The applicant is requesting the Board of Adjustments and Appeals find staff's interpretation of
the zoning map as A-2, Agricultural Estate District, and find the site inaccurately zoned as BF,
Fringe Business.
ACTION
Interpret zoning of the site located at 615 Flying Cloud Drive, former Super America Site.
ATTACHMENTS
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2.
3.
4.
Zoning map dated February, 1972
Zoning map dated December, 1986
Zoning map dated February, 1986-revised August 24, 1989
Zoning map dated February, 1987-revised January, 1994
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FEBRUARY.
1972
LEGEND
AGRICULTURAL RESIDENCE
DISTRICT
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R-2
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SINGLE FAMILY RESIDENCE DISTRICT
TWO FAMILY DUPLEXES
NOT LESS THAN 2 OR MORE THAN 12 UNITS
DWELLINGS OF NOT LESS THAN 12 UNITS
OFFICE BUILDING DISTRICT
COMMERCIAL DISTRICT
SERVICE COMMERCIAL DISTRICT
I- 1 TNDUSTRIAL DISTRICT
P-1 PLANNED
P- 2 PLANNED
RESIDENTIAL DEVELOPMENT
UNIT DEVELOPMENT
P- :5 PLANNED
COMMUNITY DEVELOPMENT DISTRICT
P- 4 PLANNED ZNDUSTRIAL DEVELOPMENT DISTRICT
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CITY OF
HAM.IASSEN
ZONING MAP
EFFECTIVE 02 / 17 / 87-
LEGEND
A 1 - AGRICULTURAL PRESERVATION DISTRICT
A2 - AGRICULTURAL ESTATE DISTRICT
RR - RURAL RESIDENTIAL DISTRICT
RSF - SINGLE FAMILY RESIDENTIAL DISTRICT
R4 - MIXED LOW DENSITY RESIDENTIAL DISTRICT
R8 - MIXED MEDIUM DENSITY RESIDENTIAL DISTRI(
R12 - HIGH DENSITY RESIDENTIAL DISTRICT
BN '- NEIGHBORHOOD BUSINESS DISTRICT
BH - HIGHWAY & BUSINESS SERVICES DISTRICT
CBD - CENTRAL BUSINESS DISTRICT
BG - GENERAL BUSINESS DISTRICT
BF - FRINGE BUSINESS DISTRICT
OI - OFFICE & INSTITUTIONAL DISTRICT
lOP - INDUSTRIAL OFFICE PARK DISTRICT
PUD - PLANNED UNIT DEVELOPMENT DISTRICT
NE - NATURAL ENVIRONMENT LAKE
RD - RECREATIONAL DEVELOPMENT LAI~E
PREPARED BY: