Loading...
Agenda and PacketAGENDA  CHANHASSEN PLANNING COMMISSION TUESDAY, JULY 7, 2020, 7:00 PM CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD A.CALL TO ORDER B.PUBLIC HEARINGS 1.Consider a Request for a Conditional Use Permit (CUP) for Food Processing and Outdoor Storage for Six Silos on Property Located at 2100 Stoughton Avenue (Hemp Acres) 2.Consider a Request for a Setback Variance at 7701 Frontier Trail 3.Consider an Amendment to the Chaparral Planned Unit Development (PUD) Ordinance to Correct a Typographical Error C.APPROVAL OF MINUTES 1.Approval of Planning Commission Minutes dated June 16, 2020 D.ADMINISTRATIVE PRESENTATIONS 1.City Council Action Update E.ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by­laws.  We will make every attempt to complete the hearing for each item on the agenda.  If, however, this does not appear to be possible, the Chairperson will notify those present and offer rescheduling options.  Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that forces the Mayor or City Council to share that information with the public or be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part of the public input process. PLANNING COMMISSION STAFF REPORT Tuesday, July 7, 2020 Subject Consider a Request for a Conditional Use Permit (CUP) for Food Processing and Outdoor Storage for Six Silos on Property Located at 2100 Stoughton Avenue (Hemp Acres) Section PUBLIC HEARINGS Item No: B.1. Prepared By Bob Generous, Senior Planner File No: 2020­09 PROPOSED MOTION: The Chanhassen Planning Commission recommends City Council approve the Conditional Use Permit for food processing operations with outdoor storage for six 35­foot silos, subject to the Conditions of Approval, And Adopts the Findings of Fact and Recommendation. SUMMARY OF REQUEST Conditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly 50,160 square feet of the River Valley Business Center, a 180,000 square foot, four unit, office­industrial­warehouse building (Hemp Acres). APPLICANT Hemp Acres, LLC, Owner: Capstone Investors, LLC SITE INFORMATION PRESENT ZONING:  Industrial Office Park, IOP LAND USE:Office Industrial ACREAGE:  24.19 acres  DENSITY:  F.A.R. 0.19  APPLICATION REGULATIONS Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article XX, “IOP” Industrial Office Park District PLANNING COMMISSION STAFFREPORTTuesday, July 7, 2020SubjectConsider a Request for a Conditional Use Permit (CUP) for Food Processing and OutdoorStorage for Six Silos on Property Located at 2100 Stoughton Avenue (Hemp Acres)Section PUBLIC HEARINGS Item No: B.1.Prepared By Bob Generous, Senior Planner File No: 2020­09PROPOSED MOTION:The Chanhassen Planning Commission recommends City Council approve the Conditional Use Permit for foodprocessing operations with outdoor storage for six 35­foot silos, subject to the Conditions of Approval,AndAdopts the Findings of Fact and Recommendation.SUMMARY OF REQUESTConditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly 50,160 square feetof the River Valley Business Center, a 180,000 square foot, four unit, office­industrial­warehouse building (HempAcres).APPLICANTHemp Acres, LLC, Owner: Capstone Investors, LLCSITE INFORMATIONPRESENT ZONING:  Industrial Office Park, IOPLAND USE:Office IndustrialACREAGE:  24.19 acres DENSITY:  F.A.R. 0.19 APPLICATION REGULATIONS Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article XX, “IOP” Industrial Office Park District BACKGROUND The user, Hemp Acres, LLC, proposes to occupy a portion of the former Gedney Pickle Factory building. RECOMMENDATION Staff recommends that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres, LLC to process food products from hemp seeds and allow the construction of six 35­foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the Conditions of Approval in the staff report; and adoption of the Findings of Fact and Recommendation. ATTACHMENTS: Staff Report Findings of Fact and Recommendation Legal Description Development Review Application Project Narrative HACCP Property Survey Building Elevations Tenant Plans Detail Plans SAC Determination Parking Analysis Carver County Review Affidavit of Mailing Notice and List CITY OF CHANHASSEN PC DATE: July 7, 2020 CC DATE: July 27, 2020 REVIEW DEADLINE: August 4, 2020 CASE #: 2020-09 BY: RG, EH, JS, ET, MU SUMMARY OF REQUEST: Conditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly 50,160 square feet of the River Valley Business Center, a 180,000 square foot, four unit, office-industrial-warehouse building (Hemp Acres). APPLICANT: Charles Levine Joel Buttenhoff (Owner) Hemp Acres, LLC Capstone Investors, LLC 8420 County Road 10 E. 102 N. Jonathan Boulevard, #200 Waconia, MN 55387 Chaska, MN 55318 952-442-4832 952-368-9009 LOCATION: 2100 Stoughton Avenue PID 25.0030700 PRESENT ZONING: Industrial Office Park, IOP 2020 LAND USE PLAN: Office Industrial ACREAGE: 24.19 acres DENSITY: 0.17 F.A.R. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion in approving or denying Conditional Use Permits, based on whether or not the proposal meets the Conditional Use Permit standards outlined in the Zoning Ordinance. If the city finds that all the applicable Conditional Use Permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSED MOTION: “The Chanhassen Planning Commission recommends City Council approve the Conditional Use Permit for food processing operation with outdoor storage for six 35-foot silos subject to the Conditions of Approval, And Adopts the Findings of Fact and Recommendation.” Hemp Acres July 7, 2020 Page 2 of 11 Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is proposing to remodel the western 50,160 square feet of the building as a food processing facility making consumable food products, oil and protein powder from hemp seeds. The site provides the opportunity to expand the operation as it goes forward. The processing portion of the operation will encompass 20,000 square feet, the warehouse portion encompasses 27,355 square feet and the office portion encompasses 2,805 square feet. The hemp seeds will be stored in six 4,000-6,000 bushel bins (16 feet diameter by 35 feet tall silos) located on the northwest corner of the building. The applicant intends to expand his operation in the future, which will lead to the use of all six silos. Initially, only one silo will be installed to begin the operation. The hemp processing operation will begin with 10-12 employees in the building and will expand in the future to 25-30 employees. “Hemp seeds come from industrial hemp. Hemp, or industrial hemp, is a variety of the Cannabis sativa plant species that is grown specifically for the industrial uses of its derived products. Hemp has lower concentrations of THC and higher concentrations of cannabidiol (CBD), which decreases or eliminates its psychoactive effects. Hemp seeds can be eaten raw, ground into hemp meal, sprouted or made into dried sprout powder. Hemp seeds can also be made into a liquid and used for baking or for beverages such as hemp milk and tisanes. Hemp oil is cold-pressed from the seed and is high in unsaturated fatty acids.” (From Wikipedia) Hemp seed oil, as the name suggests, is extracted from the seeds of the hemp plant and contains absolutely no CBD. The applicant shall be responsible for impacts generated by its use. The property owner shall be responsible for improvements necessitated by the overall use of the building and the site. APPLICABLE REGULATIONS Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article XX, “IOP” Industrial Office Park District BACKGROUND River Valley Business Center, an 180,000 square foot, four-unit, office-industrial-warehouse building, is the successor of the Gedney Pickle processing plant. The applicant proposes to occupancy of the westerly 50,160 square feet of the building. The most easterly 39,000 square foot unit contains a storage operation for decommissioned, armored vehicles, which have had their fluids drained. There are two vacant spaces of 48,370 square feet and 42,602 square feet in the middle Hemp Acres July 7, 2020 Page 3 of 11 portion of the building that can be occupied by office, warehouse or manufacturing uses subject to limitations on the sewer capacity with the City of Chaska and Chanhassen City Code. October 10, 2010, City Council approved a 39,000 square-foot, one-story warehouse expansion on the east end of the building. (Planning Case #2010-11) October 18, 1982, City Council approved Industrial Revenue Bond resolution for M.A. Gedney. (Planning File #82-64) November 1979, City Council approved a sign variance to permit two signs on the industrial site. May 1979, City Council approved a 41,500 square-foot warehouse expansion, 6,000 square-foot sauerkraut manufacturing and 1,200 square-foot refrigeration storage. (Planning Case P-125 / SPR #71-1). May 1972, Chaska-Chanhassen-Metropolitan Sewer Board entered into an agreement to permit M.A. Gedney to continue to use Chaska’s sanitary sewer system. June 1968, City of Chaska and Village of Chanhassen entered into an agreement to annex to Chanhassen and de-annex from Chaska land being purchased by M.A. Gedney for the plant operations. April 1, 1963, City of Chaska and M.A. Gedney entered into a sewer connection agreement. 1958, M.A. Gedney’s pickle manufacturing operations were consolidated at the plant on Stoughton Avenue. SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low-impact practices. Wetland Protection There is not a wetland located on the property. Bluff Protection There are no bluffs on the property. Hemp Acres July 7, 2020 Page 4 of 11 Shoreland Management The property is not located within a shoreland protection district. Floodplain Overlay This property is not within a floodplain. DISCUSSION North of the site is vacant land in the City of Chaska and County Road 61 as well as additional vacant land within Chanhassen. To the east is an electrical substation for Minnesota Valley Electric and a cemetery. South across Stoughton Avenue is the Riverview Terrace mobile home park. To the west across Audubon Road are commercial businesses. The western portion of the property contains medal vats from the previous pickle factory on the site. A roofed, open sided dock area has been demolished on the western end of the building. In the future, if urban services are available for the entire area, the vacant land on the north side of the building will develop, creating a visual barrier for the north side of the building. The city undertook a feasibility study as part of the County State Aid Highway (CSAH) 61 Corridor Land Use Study in 2015 to determine the cost effectiveness of the extension of utilities to the property, and at that time, determine whether the Cities of Chanhassen or Chaska should provide sewer service to the property. The study findings indicated that extending city utilities to the study area is feasible. The CSAH 61 Corridor Land Use and Utility Study was finalized and approved by City Council on October 28, 2014. In anticipation of the redevelopment of this area, staff has also had discussions with the City of Chaska about extending Engler Boulevard as a connection to the north. When Gedney Pickles was in operation, they averaged 105 employees with a high of 135 employees for the business. CONDITIONAL USE PERMIT CRITERIA Food processing requires a Conditional Use Permit under the IOP zoning of the property. Conditional uses are considered appropriate uses if they can meet the criteria established in City Code. In reviewing applications for Conditional Use Permits, the Planning Commission and the Council may attach reasonable conditions to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In determining conditions, special considerations shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and Hemp Acres July 7, 2020 Page 5 of 11 other negative characteristics associated with such uses. Such conditions may include, but are not limited to the following: 1) Controlling the number, area, bulk, height and location of such uses. There are no other such operations in the city. McGlynn Bakery located on Audubon Road and Coulter Boulevard is the only other food processing operation in the city. 2) Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe. Access is via existing curb cuts. In the future should the operation expand, access to Audubon Road via the existing curb cut should be connected. 3) Regulating off-street parking and loading areas where required. Parking and loading areas are currently in place. A parking lot expansion is shown where the roofed, open dock area was removed. The handicapped parking stalls on the south side of the building shall be revised to comply with City Code. 4) Utilities with reference to location availability and compatibility. Sewer service is provided by the City of Chaska. An on-site well provides water for the site. 5) Berming, fencing, screening, landscaping or other facilities to protect nearby property. The site is fenced around its perimeter. 6) Compatibility of appearance. The proposed use is compatible with the exiting building. Sec. 20-297. - Food processing. 1) The site must have access via a collector or arterial roadway. Access to the parcel is from Audubon Road and CSAH 61, which are both arterial roadways. The last portion of the access is via Audubon Road and Stoughton Avenue, which are both local streets. Generally, direct parcel access is prohibited on arterial roadways. 2) All loading docks must be screened with berming, landscaping or other structures. The proposed use will utilize existing truck docks and access routes. 3) Truck parking is permitted on-site only in designated truck parking areas; parking must be screened. Truck parking shall be limited to the loading docks and truck unloading areas. 4) Compliance plan must be submitted to the city including: a. An inventory of potential or identified odor emission point sources associated with the industry or source. b. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to, certain processes, procedures, or operating methods intended to mitigate or control odor pollution. c. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution. d. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will Hemp Acres July 7, 2020 Page 6 of 11 verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. e. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date. f. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan. The processing of hemp seeds does not generate significant odors so no odor compliance plan is required. Hemp seeds are described as having a slightly nutty scent. A Hazard Analysis Critical Control Point (HACCP) has been submitted with the application as well as a narrative of the manufacturing process. The cake that is produced will either sit in the facility in bulk bags or moved immediately into a dump truck that will be backed up to one of the loading docks. A full dump semi will be filled every few days, where it is then delivered to a feedlot. The loudest pieces of equipment are the pneumatic conveying system for the unloading of hemp seeds from trucks and trailers and conveying to storage bins/silos on the west side of the building. It uses electric motors with an estimated sound level of 85 decibels (dba) at 10 feet. The conveying material passing through the unit will increase the sound level to 90 dba. The National Institute for Occupational Safety and Health (NIOSH) has recommended that all worker Hemp Acres July 7, 2020 Page 7 of 11 exposures to noise should be controlled below a level equivalent to 85 dBA for eight hours to minimize occupational noise induced hearing loss. OSHA sets legal limits on noise exposure in the workplace. These limits are based on a worker's time weighted average over an 8 hour day. With noise, OSHA's permissible exposure limit (PEL) is 90 dBA for all workers for an 8 hour day. Lawn mowers, power tools, blenders and hair dryers have noise levels of approximately 90 dba. Sec. 20-308. - Screened outdoor storage. The following applies to screened outdoor storage: 1) All outdoor storage must be completely screened with 100 percent opaque fence or landscaped screen. While it may be impossible to fully screen a 35-feet tall storage silo, through the use of appropriate coloring, a creamy white/beige to match the building color, and additional landscaping, the appearance of the silos may be camouflaged and minimized. COMPATIBLITY The proposed use is a less intensive use of the site after the closure of the Gedney pickle factory in 2019 that formerly occupied the building. The balance of the building contains space for other office-industrial-warehouse uses, which are all compatible with the food processing operations. In the future, when the site is redeveloped, the existing pickle tanks shall be removed from the property. EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will not exceed one (1) acre of disturbance and will, therefore, not be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). An Erosion and Sediment Control Plan (ESCP) in adherence with the City Code of Ordinances shall be submitted for the grading operations of the subdivision if more than 5,000 square feet of land is being disturbed. The applicant has not provided proposed grading plans or plans Hemp Acres July 7, 2020 Page 8 of 11 illustrating the total land disturbance for the installation of the six proposed silos. The applicant will be required to submit updated plans to the city for review and approval to ensure proper erosion control measures meeting City Ordinances are in place. LANDSCAPING Landscaping opportunities to provide landscaping around the exterior of the building as well as along the public right-of-way are limited or non-existent due to extensive hard cover. The applicant has proposed to add two landscape peninsulas at the front of the building. These are necessary additions but contain too many plantings for the space. Along the rear and east side of the building, four groupings of 2-3 tree lines provide minimal buffer and aesthetics. Staff recommends that the proposed trees on the north and east sides of the building be placed adjacent to the proposed site to provide foundation plantings and buffer to shield the silos. Additionally, one of the Autumn Blaze maples and the Amur maples from the front planting areas shall be added to the rear of the building and loading area. Staff recommends that a landscape buffer be planted along the north side of the building which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. Landscaped islands compliant with City Code shall be provided in the proposed westerly parking area. The applicant shall work with city staff to finalize a planting plan. The front planting areas shall have wood mulch as a ground cover. PARKING AND LOADING The proposed use of the site requires the provision of parking facilities to accommodate the use. This specific user at full utilization requires 63 parking spaces (Office 14 = 2,805/200 + manufacturing 30 = 1/employee, warehouse 19 = 1/1,000 for first 10,000 sq. ft. and 1/ 2,000 thereafter). There are currently 89 parking spaces south of the building with a potential parking lot expansion to the west of the building. Should this area be converted to a parking area, the parking lot shall comply with city standards. PUBLIC FACILITIES While this review includes only the food processing portion of the building, any future intensification of the site usage shall require that the owner provide analysis of the public facilities available to the property. STREETS Access to the property is provided from Audubon Road and Stoughton Avenue, which connect to the arterial roads of Flying Cloud Drive (CSAH 61) and Audubon Road (CSAH 15). Audubon Road and Stoughton Avenue directly abutting the property are the City of Chaska’s right-of-way (ROW) and CSAH 61 and CSAH 15 are Carver County’s ROW. The city does not have ROW directly abutting the property; however, the approximately 1,325 foot portion of Stoughton Avenue (a collector street) which provides access from CSAH 61 to the property is a part of Chanhassen’s roadway network, illustrated in the image below. As the city has ROW that is part Hemp Acres July 7, 2020 Page 9 of 11 of the roadway network to service the property, and in accordance with Sec. 20-232(7), which states that the proposed location will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, a traffic analysis shall be performed if an intensification or increase in use or an expansion is ever requested for the site. The traffic analysis will be required to determine the volume of traffic the site will generate and shall be in accordance with the Institute of Transportation Engineers’ Trip Generation methodologies. If the site users cumulatively meet the standards for Carver County review of traffic, a Transportation Impact Analysis must be prepared. Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road, which is currently in place, but not connected to the traffic circulation system for the property. SEWER City sewer is provided by the City of Chaska. While staff believes that the proposed use is within the existing capacity provided by Chaska, the Metropolitan Council Environmental Services (MCES) sewer access charge (SAC) determination dated 04/01/20 states one additional SAC charge is due. The applicant shall contact the City of Chaska to verify the sewer usage. The sanitary sewer is setup as office/domestic use only. All former Gedney production waste was discharged into the lagoons down at the Minnesota River. Chaska has not received any information about any production waste entering the sanitary sewer. Any sanitary sewer changes proposed must be discussed with MCES and the City of Chaska. The property owner shall provide information to the City of Chaska as to how/where does the existing sewer system Hemp Acres July 7, 2020 Page 10 of 11 operate? What flows where? What’s the makeup for flow out of the building with pumping? What is the new demand? The City of Chaska has capacity concerns downstream. Additional sewer capacity may not be available to the property from the City of Chaska and may necessitate the use of an on-site subsurface sewer system. As noted previously, the City of Chanhassen has prepared a feasibility analysis of providing sewer to the parcel. However, the timing of such a utility extension is not determined. WATER The site has a private well providing water to the site. ELECTRIC The City of Chaska provides electric service to the parcel. RECOMMENDATION Staff recommends that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Hemp Acres July 7, 2020 Page 11 of 11 Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Legal Description 3. Development Review Application 4. Narrative 5. Hazard Analysis Critical Control Point (HACCP) 6. Property Survey 7. Building Elevations 8. Tenant Plan 9. Tenant Detail Plans 10. Sewer Access Charge Determination dated 4/1/20 11. Parking Analysis 12. Carver County Review dated June 26, 2020 13. Public Hearing Notice and Mailing List g:\plan\2020 planning cases\20-09 hemp acres cup (old gedney building - 2100 stoughton)\staff report hemp acres cup.doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Hemp Acres, LLC and Capstone Investors, LLC for a Conditional Use Permit to operate a food processing facility with outside storage of six 35-foot silos. On July 7, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Hemp Acres, LLC and Capstone Investors, LLC for a Conditional Use Permit for the property located at 2100 Stoughton Avenue. The Planning Commission conducted a public hearing on the proposed conditional use preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Industrial Office Park, IOP. 2. The property is guided by the Land Use Plan for office industrial uses. 3. The legal description of the property is: See Exhibit A 4. Section 20-232: a. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed use will be consistent with the objectives of the city's Comprehensive Plan and the zoning ordinance. c. The proposed use will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 2 f. The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed use will be aesthetically compatible with the area. k. The proposed use will not depreciate surrounding property values. l. The proposed use will meet standards prescribed for certain uses as provided in Chapter 20, Article IV of the City Code. 5. The planning report #2020-09 dated July 7, 2020, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Conditional Use Permit subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 7th day of July, 2020. CHANHASSEN PLANNING COMMISSION BY:___________________________________ Steve Weick, Chairman MinneHemp is a hemp processor, making consumable food products from the hemp seed. The hemp seed is a small grain (about half the size of soybeans), comprised of a outer shell and an inner heart. The shell is high in fiber and the inner heart is high in protein and essential fatty acids. MinneHemp will erect 4000-6000 bushel, smooth-wall hopper bins to hold the grain as it awaits cleaning and processing. Farmers will have previously dried the hemp grain to 8%-9% moisture on their farm before delivering by the semi-load. Once delivered, MinneHemp will have a conveying system to unload the semi-truck into the grain bin, to be further cleaned and processed. Once in the bin, the grain is a stable, non-explosive product that will feed into the building for cleaning. The product will enter the building via flex-augers or drag-conveyors, feeding an air-screener, gravity table, and indent machine. The cleaned grain will fall back into a drag-conveyor and outside to a separate hopper bin for holding the cleaned grain. The clean grain hopper will feed back inside the building via drag-conveyor, dispensing grain at each station for further processing. Once the grain re-enters the building, it is deposited at different processing platforms. The first process will be a platform that squeezes the oil from the seed. This is process uses a enclosed screw-press that stays below 150F, ensuring that it is cold=pressed. The oil goes through filtering, refining, and bottling. The cake or hemp meal, is the by-product from the press. The cake is either augured outside to load a semi-truck, or goes on to further processing for protein powder and baking flour. The protein milling station will consist of grinding and sifting. This platform will have an enclosed dust system, exhausting to an outside dust collector. The dehulling platform will also have an enclosed dust system, exhausting to an outside dust collector. All platforms will be producing bulk quantities of finished product to be stored in bulk tote bags, drums, ibc totes, or semi dump trucks. Products: Cold Pressed Hemp Seeds Page 1 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Selected Sections of a HACCP Plan For Cold Pressed Hemp Seeds Reviewed by: ________________________ Plant Manger Date: _______________________ Products: Cold Pressed Hemp Seeds Page 2 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Table of Contents Company Overview ................................................................................................................................. 3 Product Description ................................................................................................................................. 4 Product Description ................................................................................................................................. 5 Flow Diagram .......................................................................................................................................... 6 Process Narrative .................................................................................................................................... 7 Ingredients and Packaging Material ..................................................................................................... 7 Receive Hemp Grain ............................................................................................................................ 7 Receive Packaging ............................................................................................................................... 7 Store Hemp Grain ................................................................................................................................ 7 Store Packaging ................................................................................................................................... 7 Clean Hemp Grain................................................................................................................................ 7 Auger Clean Grain from Outdoor Hopper to Indoor Hopper ................................................................. 7 KK40 Screw Pressing ............................................................................................................................ 8 Hemp Seed Oil ..................................................................................................................................... 8 Filtering/Pump .................................................................................................................................... 8 Filling (5-gallon pails, 55-gallon drum).................................................................................................. 8 Store, Ship ........................................................................................................................................... 8 Hemp Seed Cake.................................................................................................................................. 8 Milling ................................................................................................................................................. 9 Sifting .................................................................................................................................................. 9 Metal Detection .................................................................................................................................. 9 55-Gallon Drum ....................................................................................................................................... 9 Filling (20lb sacs) ................................................................................................................................. 9 Store, Ship ........................................................................................................................................... 9 Hazard Analysis ..................................................................................................................................... 10 Process Preventative Control ................................................................................................................. 15 Allergen Preventive Controls ................................................................................................................. 15 Ingredient Allergen Identification ...................................................................................................... 15 Production Line Allergen Assessment ................................................................................................ 16 Products: Cold Pressed Hemp Seeds Page 3 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Scheduling Implications: .................................................................................................................... 16 Allergen Cleaning Implications: (Required)......................................................................................... 16 Sanitation Preventive Controls .............................................................................................................. 16 Zoning and Related GMP Controls ..................................................................................................... 16 Cleaning and Sanitation ..................................................................................................................... 16 Microbiological Verification of Sanitation Practices ............................................................................ 17 Supply-chain-applied Preventive Controls Program ............................................................................... 17 Company Overview Hemp Acres is a small processing facility that makes a variety of consumable products from locally grown industrial hemp seeds and flower. The manufacturing process begins by cleaning the grain of any foreign seeds and debris to a level of 99.9% pure hemp seed. Once clean, the grain is then fed i nto a screw press, where the oil is extruded from the hemp seed. The grain being fed through the press exceeds 140℉, ensuring a kill step. After passing through the press, the oil separates from the seed, collected and passes through a filtration process. The hemp meal (cake) is milled and sifted to collect the protein powder. • Seed Cleaning (described in this plan) • Hemp Seed Oil (described in this plan) • Hemp Protein Powder (described in this plan) The hemp seed oil and protein powder are made 5 days a week in one 5-hour production shift, followed by 3 hours of sanitation. Dry cleaning is used in production area, with select pieces of equipment being cleaned in a three-compartment sink, or sanitized and washed down in place. Water is treated and tested per EPA requirements by the county. An integrated pest control program is also in place. Products: Cold Pressed Hemp Seeds Page 4 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Product Description Product Name Hemp Seed Oil Product Description, Including Important Food Safety Characteristics This product is a ready to eat oil, bottled in 12floz glass amber bottles, 1-gallon jugs, 5-gallon pals, or 55-gallon drums. During the filtering process diatomaceous earth and bleaching clays are added to filter and refined for a more stable product shelf life. Ingredients Hemp Seed Packaging Used Glass, 12floz individual retail package with label Plastic, food grade 1-gallon, 5-gallon pail, 55- gallon food grade drum. Intended Use Ready to eat oil, bulk blending oil, cosmetic oil Intended Consumers General consumption, topical applications Shelf Life 18 months Labeling Instructions None Storage and Distribution Ambient, not to exceed 90℉, Keep refrigerated upon opening Approved: Signature: Print Name: Date: Products: Cold Pressed Hemp Seeds Page 5 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Product Description Product Name Hemp Protein Powder Product Description, Including Important Food Safety Characteristics This product is ready to eat protein powder packed in 20lb sealed bags. The process involves milling the cake to a fine powder which then passes through a sifter, separating the protein from the fiber. The low water activity makes the product shelf stable. Water activity ≥0.65 Ingredients Hemp Seed Cake Packaging Used 20lb food safe bags Intended Use Ready-to-eat protein powder, protein bars, mix with smoothies etc. Intended Consumers General Consumption Shelf Life 10 Months Labeling Instructions None Storage and Distribution Ambient, not to exceed 90℉, keep in a cool dry place. Approved: Signature: Print name: Date: Products: Cold Pressed Hemp Seeds Page 6 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Flow Diagram Receive hemp grain Store grain in 4000 bu. Hopper bin Clean grain to 99.9% pure with air screener and gravity table, filling smaller hopper Hemp Seed Cake Cake falls in trough and augured into cake hopper Hemp Seed Oil Oil falls into trough and into 1st Mixing Tank Pump/Filter Auger clean grain from outside hopper to inside hopper KK40 grain screw press +140℉ 2nd Mixing Tank Clean oil tank Cake is augured up to mill Milling Sifting Metal detection 55-galllon food bucket Filling, 25lb-50lb sacs Store, ship Filling, 55-gallon drums Filling, 5-gallon pails Store, ship Gray area indicates primary pathogen control area Receive Packaging Store Packaging 1-micron filter CCP1 PCC 1 CCP2 PCC 2 Products: Cold Pressed Hemp Seeds Page 7 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Process Narrative Ingredients and Packaging Material Processing material is purchased from local farmers and delivered on site by farmer. Supplier that provide hemp grain have had their grain load sampled for microbial content by Minnesota Valley Testing Labs. Each delivery is administered a lot number to ensure traceability to the source of grain. Packaging material are purchased from an approved supplier that complies with internationally recognized food safety and quality systems. Receive Hemp Grain Hemp Grain – Received by the semi-load. Unloading of the hemp grain is transferred from the semi-truck via Hemp Acres grain vacuum, and blown into 4000bu. Hopper bin. A lot number is assigned with each delivery and a copy is given to both Hemp Acres and the deliverer. Receive Packaging Bags and bottles are delivered in bulk to the facility. Suppliers provide a certificate of conformance that packaging materials and inks meet food safety and regulatory requirements. Store Hemp Grain Ingredients are comprised only of raw hemp seed. Once processed the ingredients are stored in the facility (temperature kept below 70℉). All containers are sealed to avoid cross-contact and cross- contamination during storage. Store Packaging Buckets, bottles, and sacs are stored in a dry dedicated space within the facility. Packaging is used First- In-First-Out. Clean Hemp Grain Grain is augured form 4000 bu. Hopper bin to air screener. The grain falls onto two screens with specific slotted holes to size the grain and remove foreign seeds. Air is applied to both the top screen and bottom screen to blow off debris. The grain falls out the clean shoot and into a 13’ elevator leg. The elevator lifts the grain, unloading into the gravity table. The gravity table uses more air and screening to remove any seeds that aren’t hemp and remove immature/undesirable seeds. The clean shoot from the gravity table is now 99.9% pure hemp seed (an acceptable level to process) and is dispensed into a 22’ elevator leg. This leg unloads the cleaned grain into a 3.5-ton bulk hopper tank, which holds clean grain ready to be processed. Auger Clean Grain from Outdoor Hopper to Indoor Hopper Grain is augured from outside hopper to indoor hopper. The indoor hopper gravity feeds the presses, removing the oil from the seed. Products: Cold Pressed Hemp Seeds Page 8 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES KK40 Screw Pressing Heat sleeves are applied to the screw press to raise the temperature of the barrels to 200℉. This warms the barrels allowing for the seed to begin crushing. The press is adjusted accordingly to allow for the maximum amount of oil to be squeezed from the seed. The press heads stay a constant temperature above 140℉ and under intense pressure, ensuring a kill step at this point. Once the press is set, it runs untouched until 300L oil tank is full. Hemp Seed Oil There are two troughs that separate the oil from the cake. The oil collects and flows from the trough into a 300L stainless steel tank. A substantial amount of sediment from the press falls into the tank as well, which is a crucial part of the filtering process. Filtering/Pump Once the desired amount of oil is collected in the dirty oil tank, the press is shut down so filtering can commence. A ratio mixture of Diatomaceous Earth (DE) is added to the oil and a stirrer is turned on to agitate the sediment and DE together. Once a desired mixture is achieved, the oil is pumped through a screening plate filter under pressure. This process circulates the oil through the filter, back into the dirty oil tank. After about 1 hour of running, the DE and sediment have filtered the oil ≤ 1 micron, and the oil is pumped into the 2nd mixing tank. Now the sediment is removed from the filter frames and cleaned. The oil will go through one more step to remove the chlorophyll and any heavy metals which will ensure stability of the oil. With the stirrer activated, Bleaching Clays (BE) and DE are added back into the dirty oil tank. Once the desired mixture is set, the pump is turned on, moving the oil back through the filter for about 1 hour (or until desired levels of purity are met). Once the oil meets our set standards, a bypass valve is opened, passing through a 1-micron filter, filling a 300L stainless steel tank, or 55-gallon drum, with clean oil. Filling (5-gallon pails, 55-gallon drum) The identity of the 5-gallon pail or 55-gallon drum is confirmed for each batch placed on the line to ensure that it is the correct material and proper SKU #. 5-gallon buckets are filled directly by hand from the 300L clean oil tank. 55-gallon drums are filled directly from a filling hose off the 1-micron filter. Once filled they are moved down the line to be capped, sealed, and labeled for completion. Store, Ship Jugs, pails, and drums are stored in a designated area in the facility or shipped out immediately upon customers’ requests. Hemp Seed Cake The cake is extruded hot off the press and falls into a designated “cake trough”. In this trough is a slow- moving stainless-steel auger which conveys the cake into a designated “cake hopper”, cooling it along the way. Once to the end of the trough, the cake falls into the hopper and awaits milling. Products: Cold Pressed Hemp Seeds Page 9 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Milling Connected to the cake hopper is a stainless-steel flighting auger. Once this flighting auger is initiated, the caked travels up to 13’, unloading into a grinder. This grinder spins at high rpm’s, pulverizing the cake into a fine powder and passes through a screen. Sifting In one fluid motion, the pulverized cake falls from the grinder, through food grade tubing, and onto a sifting screener. The sifter is aggressively vibrating, allowing for finer particles (protein) to fall through, while leaving the larger particles (fiber) on top of the screen. The two particles exit the screen through spouts and fall through more food grade tubing. Critical control point to ensure no metal can pass through a .35mm screen. Metal Detection As the protein exits the sifter, it falls through a food grade tube which passes through a calibrated metal detector. This ensures no metal is ending up in the sifted protein. 55-Gallon Drum As the protein falls through the metal detector, we fill 55-gallon drums at a time to ensure no metal shavings are in the final protein sacs. Filling (20lb sacs) When the 55-gallon drum is close to being full, it is transferred out with a new drum. We then scoop from the 55-gallon bucket into 20lb food grade bags for wholesale. Sacs are sealed, dated, labeled, and ready for shipment. Store, Ship Sacs are stored in a designated area within the facility or shipped out immediately upon customers’ requests. Products: Cold Pressed Hemp Seeds Page 10 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Hazard Analysis Hazard identification (column 2) considers those that may be present in the food because the hazard occurs naturally, the hazard may be unintentionally introduced, or the hazard may be intentionally introduced for economic gain. B= Biological hazards including bacteria, viruses, parasites, and environmental pathogens. C= Chemical hazards, including radiological hazards, food allergens, substances such as pesticides and drug residues, natural toxins, decomposition, and unapproved food or color additives. P= Physical hazards include potentially harmful extraneous matter that may cause choking, injury or other adverse health effects. (1) Ingredient or Processing Step (2) Identify potential food safety hazards introduced, controlled or enhanced at this step (3) Are any potential food safety hazards requiring a preventive control? (4) Justify your decision for column 3 (5) What preventive control measures can be applied to significantly minimize or prevent the food safety hazards? Process including CCP’s Allergen, Sanitation, Supply-chain, other preventive control (6) Is the preventive control applied in this step? Yes No Yes No Receive Packaging: 12floz glass bottles,5-gal pails, 55-gal drum, 20lb sacs B None C None P None Store Packaging B None C None P None Receive Hemp Grain B None X Grain is automated vacuum system. All shipments of grain undergo 3rd party analysis prior to delivery to ensure grain X Products: Cold Pressed Hemp Seeds Page 11 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES meets certain standards. C Gluten X Grain undergoes Gluten testing before delivery 3rd party analysis. X P Foreign debris, metal, wood X Grain passes through multiple cleaning machines and magnets to ensure no foreign debris enters the facility Air Screener, Gravity Table, Magnets before entering press. X Store Hemp Grain B None X Grain is between 8%- 9% moisture The grain will ultimately enter the press which exceed 140℉, acting as a kill step X C None P None Clean Hemp Grain B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation Control – Zoning, maintain dry environment, Cleaning equipment before operating and after shut down. X C None P Metal, wood, foreign debris X Contamination possible if delivery of grain has foreign debris. Applying air, screens of multiple sizes and magnetics ensure nothing but hemp enters the indoor hopper X Continued Products: Cold Pressed Hemp Seeds Page 12 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Auger Clean Grain from Outdoor Hopper to Indoor Hopper B None X Cracking of seeds in auger, causes free fatty acids Monthly cleaning of the auger is preformed X C None P None KK40 Screw Press B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment X C None P None Hemp Seed Oil B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Filtering/Pump B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C Minerals from DE and BE X Diatomaceous Earth and Bleaching clays are Bleaching clay remove chlorophyll which provides stability X Products: Cold Pressed Hemp Seeds Page 13 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES natural occurring food safe minerals used as filter aid. P None Filling (5-gallon, 55- gallon drums) B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Store, Ship B None C None P None Hemp Seed Cake B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Continued Products: Cold Pressed Hemp Seeds Page 14 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Milling Yes No Yes No B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P Metal X Poorly maintained or ware on mill could generate metal fragments passing through the screen. Subsequent Metal Detection X Sifting B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Metal Detection B None C None P Metal Inclusion X Metal may be present from previous operation Process control – metal detector X 55-gallon Drum B None X Contamination possible if environment and employee practices not Sanitation control – Zoning, maintaining dry environment. Cleaning before X Products: Cold Pressed Hemp Seeds Page 15 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES managed at appropriate hygiene level. and after each batch. C None P None Filling 20-lb Sacs B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Store, Ship B None C None P None Process Preventative Control Allergen Preventive Controls Ingredient Allergen Identification Raw Material Name Supplier Allergens in Ingredient Formulation Allergens in Precautionary Labeling Egg Milk Soy Wheat Tree Nut Peanut Shellfish Process Control Hazards Critical Limits Monitoring Corrective Action Verification Record What How Frequency Who Metal Detectio n Metal Inclusio n Alarm/L ight Fall through Constant Plant Mana ger Rerun Signature per batch Per Batch Filtering Sedimen t Inclusio n % of DE & BE Mix Incorporat e measured amounts into dirty oil tank Per Batch Plant Mana ger Sample testing Signature per batch Per Batch Products: Cold Pressed Hemp Seeds Page 16 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Hemp Grain Local Organic Famers None Production Line Allergen Assessment Product Name Production Line Intentional Allergens Egg Milk Soy Wheat Tree Nut Peanut Fish Shellfish Hemp Grain 1 Scheduling Implications: Hemp grain is hypoallergenic; therefore, no risk is currently present in the processing of hemp grain. Allergen Cleaning Implications: (Required) Allergen cleaning is unnecessary due to the fact we only deal with the hemp grain which is hypoallergenic. Sanitation Preventive Controls Zoning and Related GMP Controls The processing areas are maintained at a higher hygiene level than receiving, storage, and shipping area, as specified in SOP 15-123 – High Hygiene Sanitation Procedures. As specified in SOP 15-456 – Employee Hygiene in High Hygiene Areas, employees must put on smocks that do not have pockets, change into factory shows, put on protective equipment (hair net, beard net), and wash their hands before entering processing and production area. Filling area is maintained at the same hygiene level as the processing area (See SOP 15-789 – Filling Procedures). Equipment and utensils that are cleaned out-of-place are cleaned and sanitized in a wash area adjacent to the processing area. Clean equipment is dried and stored on tables and racks in an area adjacent to the processing area. Cleaning a sanitation equipment has a dedicated location to store sanitation and cleaning equipment. Cleaning and Sanitation The facility, including loading areas are dry cleaned. Processing area, and storage area are maintained dry during production. Lines and equipment are wet cleaned and sanitized before each new batch of processing begins. Equipment is completely dried prior to production. See these Standard Operating Procedures for details. • SOP 16-454 – Dry Cleaning Products: Cold Pressed Hemp Seeds Page 17 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES • SOP 16-455 – Controlled Wet Cleaning Microbiological Verification of Sanitation Practices A Salmonella environmental monitoring program is in place to verify that controls are sufficient to prevent the presence and harborage of Salmonella in the environment and equipment. This program includes an evaluation of Enterobacteriaceae levels as an additional verification that conditions do not exist that could lead to the presence and harborage of Salmonella. Enterobacteriaceae environmental monitoring occurs weekly and Salmonella monitoring occurs monthly. Additional environmental monitoring is conducted in the event of special circumstances, including equipment maintenance in processing area. Leaks that could occurring in the oil processing that could introduce free fatty acids to oils and proteins. See: • SOP 15-282: Environmental Monitoring Verification Procedures • SOP 15-283: Environmental Monitoring for Special Circumstances Supply-chain-applied Preventive Controls Program We work directly with farmers to provide us with hemp grain that meets certain specifications. Prior to delivery, farmers are required to third party analysis their grain for microbiological content of the grain. Raw Material or Ingredient Hemp Grain Approved Supplier Approval Date Hazards APC, Mold, Yeast, E. Coli, Salmonella, Mycotoxins, Gluten, Peroxide, Free Fatty Acids Preventive Controls Applied by the Supplier Proper harvest and storage of grain Type of Supplier Verification 3rd party analysis of homogenized sample taken from grain bin Verification Procedure A copy of a 3rd party analysis. Copy of field location of where grain was grown, how it was harvested, and stored. Records • Incoming goods log • 3rd party COA of grain • Bill of Lading verifying each shipment of grain • Lot numbers assigned to each incoming delivery of grain. • Corrective action records. • 2-year record keeping Products: Cold Pressed Hemp Seeds Page 18 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES DS DSDS SOUTH ELEVATION WEST ELEVATION EAST ELEVATION STOUGHTON AVENUE AUDUBON ROAD NORTH ELEVATION CHASKA BOULEVARD RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A5 BUILDINGSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNELEVATIONS9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 2020JUNE 5, 2020 ELEVATIONStenant proposal for:HEMP ACRESBUILDING ELEVATIONS 1/16” = 1’-0” BELOW SLAB SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP SANITARY WASTE CONNECTED TO EXISTING SANITARY BELOW PARKING AREA BELOW SLAB FUTURE FLAMMABLE WASTE TRAP NORTHTRUE NORTHTWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 3 2 1 office t t break rm m open dock w/ roof canopy ramp5 PP PP 4 1 1.4 2 2.5 3 4 5 6 9 10 11 12 40’-2”40’-2”40’-0”16’-0”15’-1”14’-11 14’-6”10’-3” RECEIVINGWAREHOUSE 17’-4” conc plank clg 2’-0”12’-2” SHIPPING WAREHOUSE STORAGE 1’-0”1’-0”1’-0” 13’-0” 25’-0”25’-0”25’-0”25’-0”25’-0”25’-0”8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”22’-0”7-11 x 8-69’-1”15’-11” 25’-0” 1’-10” 25’-0” 16’-11” 30’-0”29’-0” 25’-0”20’-0”25’-0”8” 25’-0”19’-11” 7 8 13 14 8”20’-1”18’-4”18’-7”18’-4”8-0x8-0 O.H.DR. 201’-10” 329’-4”8-0x8-2M.O.8-0x8-0O.H.DR.25’-0” 100’-6” 25’-0”25’-0”25’-0” ”30’-0”30’-0”30’-0”30’-0”8’-1” 26’-6”152’-0”8-0x8-0 O.H.DR.DNUP14’-5”12’-1”5R 13R 8-0x8-0 O.H.DR. 20’-4”19’-3”20’-0” 101’-8” RIVER VALLEY BUSINESS CENTER CHANHASSEN, MN 20'0'20'60'40'80'100' 8-0x8-0 K.O. PANEL SLOPED ROOF 12’ - 17’11’-0”28’-8” 9’-10”EXPANSION POINT4” METAL FRAMED WALLS TO ROOF DECK W/ 5/8” GYP BD EACH SIDE SEED CLEANING 30’-2”TENANT PLAN 270’-0”59’-8”29’-6”28’-10”123’-9”22’-0”OIL CRUSHING PROCESS PROTEIN MILLING SERVICE SINK TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP 8”FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN 10’-0”10’-0”42’-0”57’-0”57’-0”42’-0” TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP TRENCH BOT.SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN8”P1 P1 P2 P1 P13-0 x 7-0MET DRMET FR6-0 x 7-0 PRMET DRMET FR3-0 x 7-0MET DRMET FR55’ X 18’ X 6” REINFORCED CONC SLAB 5’ X 10’ X 4” REINFORCED CONC SLAB 4’-0”9’-0”5’-0”8’-0”8’-0”18’-0”18’-0”6’-0”OUTDOOR BULK STORAGE TANKS BY TENANT, 6- 16’ DIA X 35’ ABOVE GRADE ON CONC SLAB.3-0 x 7-0INSUL. MET DRMET FR40’-0”40’-0”10’-0”10’-0”10’-0”10’-0”1:7 SLOPE RAMP TO GRADE152’-0”8-0x16-0O.H.DR.6 A3 2 A4 RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONAPRIL 4, 2020TENANT PLAN MAY 8, 2020 2 A3 2 A3PROJECT OPEN DOCK WITH ROOF CANOPY PROPOSED FOR DEMOLITION OPEN DOCK WITH ROOF CANOPY PROPOSED FOR DEMOLITION 4’-0”9’-0”5’-0”8’-0”8’-0”18’-0”18’-0” EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVEEQUIPMENT PLATFORM ABOVEPROCESSING 20,000 SQ FT WAREHOUSE 27,355 SQ FT OFFICE 2,805 SQ FT 50,160 SQ FT MILLING PROCESS HEMP MILKING PROCESS DEHULING PROCESS 15’-0”9’-4”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” OFFOFF 96” SS. HAND WASH SINK REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF DS ELECTRICAL TRANSFORMERS CONC STOOP DS 100’-0” 96’-0” 1:20 SLOPE 1:20 SLOPE 4’-4”4’-4”5’-0” 7 R @ 7” 6T @ 12” DS 98’-3”8’-8”HANDRAIL 3’-2”1’-4”7’-0” 5”7”6”6”6” 5’-0”8’-6”8’-0”8’-0” 44’-6” 29’-6” 18" VERT GRAB BAR 42" GRAB BAR 1'-0" 3'-4" 6’-5” VERIFY 36" TO TOPOF BAR18"4"SIDE WALL T.P. DISP. OPEN TOILET PARTITION TO MATCH EXISTING. 5" WOMENS ROOM H.C. COMPARTMENT ELEV 1/4" = 1'-0" 4’-6” EXISTING WALL FINISH TO REMAIN. TOUCH UP AS NECESSARY FIXTURE WALL 36" GRAB BAR 6" 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. 5’-0” VERIFY SIDE WALL TOILET PARTITIONS AND DOOR TO MATCH EXISTING. EXISTING PARTITION AND SUPPORTS 1’-10” 7 A3 4’-6” FIXTURE WALL 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. NEW TOILET PARTITION PANELS AND DOOR TO MATCH EXISTING. 7 A3 18" VERT GRAB BAR 42" GRAB BAR 1'-0" 3'-4" MENS ROOM H.C. COMPARTMENT ELEV 1/4" = 1'-0" 4’-6” EXISTING WALL FINISH TO REMAIN. TOUCH UP AS NECESSARY FIXTURE WALL 5’-3” VERIFY 36" GRAB BAR 6"36" TO TOPOF BAR18"4"SIDE WALL 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. T.P. DISP. OPEN 5"5’-0” VERIFYSIDE WALL TOILET PARTITIONS AND DOOR TO MATCH EXISTING. EXISTING PARTITION AND SUPPORTS 1’-10” 8 A3 15’-0”9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” OFFOFF REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF ELECTRICAL TRANSFORMERS STEEL FRAMED STOOP W/ STEEL DECK DS DSDS 8-0x10-0O.H.DR.100’-0”96’-3” 1:20 SLOPE 1:20 SLOPE 44’-6” 29’-6”4’-4”4’-4”5’-0” 6 R @ 7 1/2” 5T @ 12” 98’-3”8’-8”HANDRAIL 3’-2”1’-4”8’-0”5’-0”8’-6”8’-0” INSTALL ACESSIBLE DRINKING FOUNTAIN 15’-0”22’-0”8-4x10-9roll-up8-0x8-0 O.H.DR. 9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” BREAK ROOMOFF DF DS DS 8-0x8-0 O.H.DR. 8-0x8-0 O.H.DR. M. W.8-4x10-9roll-upEXISTING SE CORNER 1/16” = 1’-0” 12 13 1491011 4B 4A SE CORNER, OFFICE AND RESTROOM AREA 1/8” = 1’-0” 8” 25’-0”25’-0”25’-0”19’-11”25’-0”BUILDING STRUCTURAL BAY DIMENSIONS REMOVE ENTRANCE DOOR AND TRANSOM GLASS & FRAME ABOVE. BUILD CMU WALL TO 5” BELOW FLOOR AT EXT. WALL OPENING. FILL STAIR WITH CLASS V MATERIAL, COMPACT AND FINISH W/ 4” CONC FLOOR TO MATCH ELEVATION OF EXISTING BUILDING FLOOR. RESET ALUM. FRAME DOOR AT NEW FLOOR ELEVATION. STEEL FABRICATED H.C. ACCESS 4” CONC FILLED BOLLARDS-(3) 3’ INTO GROUND 4’ ABOVE GROUND 4” CONC FILLED BOLLARDS (3) ACCESSIBLE PARKING SIGN 100’-0”3’-2”4’-4”4’-4”3’-0”5’-6”2’-0”5’-8”EXISTING TRANSOM WINDOW HEAD EXISTING VESTIULE STAIRS REMOVE DOOR AT GRADE AND TRANSOM GLASS & FRAME ABOVE. BUILD CMU WALL TO 5” BELOW FLOOR. FILL STAIR WITH CLASS V MATERIAL, COMPACT AND FINISH W/ 4” CONC FLOOR TO MARCH ELEVATION OF EXISTING. RESET ALUM. FRAME DOOR AT NEW FLOOR ELEVATION. FRAME FOR TRANSOM TO EXISTING OPENING. 7’-6”4’-4” SECTION THRU ACCESSIBLE ENTRANCE 1/4” = 1’-0” SECTION THRU ENTRANCE STOOP 1/4” = 1’-0” DS DSDS SE CORNER, OFFICE ACCESSIBLE ENTRANCE 1/8” = 1’-0” NEW CONSTRUCTION 32’-3”4’-11” MECH 11’-6”8’-10”5’-3” OFFICE REMOVE CIRCULAR HAND SINK. INSTALL 7’-6” COUNTERTOP WITH THREE LAVATORIES. REMOVE ONE WATER CLOSET. REMOVE ONE DIVIDER PARTITION AND 2 DOORS. INSTALL GRAB BARS AND COMPARTMENT WALLS AND DOOR AS SHOWN. VERIFY WATER CLOSET LOCATION.6’-10”REMOVE ONE WATER CLOSET. REMOVE ONE DIVIDER PARTITION AND 2 DOORS. INSTALL GRAB BARS AND COMPARTMENT WALLS AND DOOR AS SHOWN. VERIFY WATER CLOSET LOCATION. MENS AND WOMENS RESTROMS ACCESSIBLE TOILET COMPARTMENTS 1/4” = 1’-0” C OF STOOP & DOORL 9’-6” REMOVE EXISTING CIRC SINK. INSTALL C’TOP W/ LAVS. WOMENS MENS EXISTING CMU WALL EXISTING WAREHOUSE CMU WALL BEYOND RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A3TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNDETAIL PLANS9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 20202 A3 3 A3 5 A3 4 A3 6 A3 4 A3 4 A3 1 A3 5 A3 6 A3 7 A3 6 A3 JUNE 5, 2020 HANDRAIL EXISTING WINDOW AC UNIT 96’-5” CONC. SHELF CAST TO SUPPORT STEEL BEAMS BITUMINUOUS OVERLAY BUILT UP TO ELEVATIONS SHOWN. TAPER BIT. TO EXISTING PAVEMENT STEEL BEAMS ON STEEL POSTS ELECTRICAL TRANSFORMERS BITUMINUOUS OVERLAY BUILT UP TO ELEVATIONS SHOWN CONC. CAST TO SUPPORT STEEL BEAMS 6” 8’-0”8”8’-0” 96’-3” VERIFY 96’-0”19’-0”4” WIRE MESH RAIL INFILL SEE RAIL AT EAST BUILDING ENTRANCE, MATCH METAL DECK ON “C” JOISTS AND STEEL FRAMING NOTE: FINAL DESIGN BY STEEL FABRICATOR ST. CHANNEL ANCHORED INTO CMU & CONC. FLR. EDGE METAL DECK ON STEEL FRAMING CONC. SHELF CAST TO SUPPORT STEEL BEAMS BITUMINOUS BEYOND 2” BLDG WALL METAL DECK ON STEEL FRAMING METAL DECK ON STEEL FRAMING STEEL BOLLARDS BEYOND EAST BLDG ENTRANCE 5’-0”35’-10” YELLOW PAINT STRIPING AND ACCESSIBLE SYMBOL NOTE: FINAL DESIGN BY STEEL FABRICATOR 5 A3 4 A3 20’-0”8-0x16-0O.H.DR.1 2 1’-0” 1.4 2.5 3 1’-0”30’-0”29’-0” 4” METAL FRAMED WALLS TO ROOF DECK W/ CORRUGATED STEEL FINISH EACH SIDE SEED CLEANING 30’-2”3-0 x 7-0MET DRMET FR6-0 x 7-0 PRMET DRMET FR3-0 x 7-0MET DRMET FR5’ X 10’ X 4” REINFORCED CONC SLAB. TENANT TO PROVIDE THICKNESS AND REINFORCING SPEC.FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”10’-0”10’-0”10’-0”8”8”55’ X 18’ X 6” REINFORCED CONC SLAB. TENANT TO PROVIDE THICKNESS AND REINFORCING SPECIFICATION 4’-8”4’-8”25’-0” 4 EXISTING CMU EXTERIOR WALLS EXISTING CIP CONC COLUMNS EXISTING CMU EXTERIOR WALLS OPENINGS SIZED AND LOCATED IN EXTERIOR WALLS FOR TENANT PRODUCTION BY TENANT 3’-4”3’-4”5’-4”19’-0”10’-0”9’-8”3’-0”8’-8”17’-4”26’-8”3’-4” 4E 4F NW CORNER, SEED CLEANING ROOM 1/8” = 1’-0” EXISTING NW CORNER 1/16” = 1’-0” 1 21.4 2.5 3 4 4E 4F 1’-0”1’-0”30’-0”29’-0”30’-2”20’-0”25’-0” EXISTING CMU EXTERIOR WALLS EXISTING CIP CONC COLUMNS EXISTING CMU EXTERIOR WALLS 8-0x16-0O.H.DR.EXISTING CIP CONC COLUMNS 4G 20’-0”CONCRETE FLOOR ON EXISTING CONC. WITH SLOPE TO NEW TRENCH DRAINS. DR. HDWR. 1 1/2 BUTTS CLOSER LEVER LATCHET DR. HDWR. 1 1/2 BUTTS CLOSER LEVER LATCHET DR. HDWR. 1 1/2 BUTTS EACH DR CLOSER EACH DR DEADBOLT AT TOP COORDINATOR LEVER LATCHET21’-0””PROPOSED BINS BY TENANT RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A4TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJNE 5, 20202 A4 1 A4 JUNE 5, 2020 DETAIL PLANS AIR HANDLING COMPRESSORS ETC MCES USE: Letter Reference: 200401A6 Address ID: 734526 Payment ID: 432359 ___________________________________________________________________________________________________________________ Date of Determination: 04/01/20 Determination Expiration: 04/01/22 Greetings! Please see the determination below. Project Name: Hemp Acres Project Address: 2100 Stoughton Avenue Suite #/Campus: 100 / River Valley Industrial Center City Name: Chanhassen Applicant: Phillip Johnson, Cornerstone Investors Special Notes: None Charge Calculation: Warehouse: 49,127 sq. ft. @ 6950 sq. ft. / SAC = 7.07 Process Discharge: 250 gallons / day @ 274 gallons / SAC = 0.91 Total Charge: 7.98 Credit Calculation: Warehouse (Grandparent 1958): 49,127 sq. ft. @ 6950 sq. ft. / SAC = 7.07 Total Credit: 7.07 Net SAC: 0.91 = 1 SAC Due The business information was provided to MCES by the applicant at this time. It is the City’s responsibility to substantiate the business use and size at the time of the final inspection. If there is a change in use or size, a redetermination will need to be made. If you have any questions email me at: toni.janzig@metc.state.mn.us. Thank you, Toni Janzig SAC Technician Please visit our SAC website by going to: http://www.metrocouncil.org/SACprogram NORTHTRUE NORTH1 1.4 2 2.5 3 4 5 6 9 10 11 12 40’-2”40’-2”40’-0”1’-0”1’-0”1’-0” 13’-0”16’-0”15’-1”14’-11 25’-0”25’-0” 17’-4” conc plank clg 25’-0”25’-0”25’-0”25’-0”8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”22’-0”7-11 x 8-69’-1”15’-11” 25’-0” 1’-10” 14’-6”10’-3” 25’-0” 16’-11” 30’-0”29’-0” 25’-0”20’-0”25’-0”8” 25’-0”19’-11” 7 8 13 14 8”20’-1”18’-4”18’-7”18’-4”8-0x8-0 O.H.DR. 201’-10”127’-6” 329’-4”8-0x8-2M.O.8-0x8-0O.H.DR.25’-0” 100’-6” 25’-0”25’-0”25’-0” ”30’-0”30’-0”30’-0”30’-0”OPEN DOCK WITH ROOF CANOPY 101’-10”2’-0”12’-2” 8’-1” 9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”26’-6” 8-0x8-0 O.H.DR.DNUP14’-5”12’-1”5R 13R 8-0x8-0 O.H.DR. 20’-4”19’-3”20’-0” 101’-8” RIVER VALLEY BUSINESS CENTER CHANHASSEN, MN 20'0'20'60'40'80'100' TWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 3 2 1 office t t break rm m open dock w/ roof canopy ramp5 PP PP 4 55’-0” 5’-3” 8-0x8-0 K.O. PANEL 60’-1” SLOPED ROOF 12’ - 17’11’-0”28’-8” 9’-10”EXPANSION POINT4” METAL FRAMED WALLS TO ROOF DECK W/ CORRUGATED METAL EACH SIDE SEED CLEANING BELOW SLAB SANITARY WASTE OUTDOOR BULK STORAGE TANKS, 3- 16’ DIA X 35’ ABOVE GRADE ON 56’ X 20’ CONC SLAB.30’-2”10’-0”10’-0”42’-0”57’-0”57’-0”42’-0”RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNTENANT PLAN MARCH 31, 2020 1TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN270’-0”59’-8”29’-6”28’-10”123’-9”22’-0”OIL CRUSHING PROCESS PROTEIN MILLING PROCESS STORAGE WAREHOUSE RECEIVING SHIPPING OFFOFF WAREHOUSE P1 P1 P2 P1 P1 FOR PLUMBING AND CONCRETE REFERENCE NOTES: PLUMBING NEW FIXTURES 2 - 230’ TRENCH DRAIN P1 - 3 - STAINLESS STEEL HAND SINK P2 - STAINLESS STEEL 3 COMPARTMENT SINK 96” SS. HAND WASHING SINK DRINKING FOUNTAIN - HI-LO ACCESSIBLE MENS - REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENT WOMENS - REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENT SUMP PUMP SERVICE SINK EXISTING FIXTURES MENS - 3 WATER CLOSET 2 URINAL 36” RADIUS GANG LAV WOMENS-5 WATER CLOSET 4 LAVATORY COMMON SPACE-8’ SS LAV. TROUGH - DRINKING FOUNTAIN 96” SS. HAND WASH SINK REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF SERVICE SINK ELECTRICAL TRANSFORMERS COVERED PLATFORM DS DS 100’-0” 96’-0”FROST FOOTING1:20 SLOPE 1:20 SLOPE 47’-6” 32’-6”4’-6”4’-6”5’-0” 7 R @ 7” 6T @ 12” DS 98’-3”10’-0”HANDRAIL 53' TRAILER RAISE DOCK DOOR TO FULL HEIGHT. INFILL DOOR OPENING WITH MATERIAL TO MATCH ADJACENT WALL PROPOSED: MENS - 2 W.C. (1 ACCESSIBLE) 2 URINAL 36” RADIUS GANG LAV WOMENS-4 W.C. (1 ACCESSIBLE) 4 LAVATORY COMMON SPACE-8’ SS LAV. TROUGH - DRINKING FOUNTAIN 53' TRAILER FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”8”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN 10’-0”10’-0”PROCESSING 20,000 SQ FT WAREHOUSE 27,355 SQ FT OFFICE 2,805 SQ FT 50,160 SQ FT FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”8”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN6’-0”8’-0”5’-0”8’-0”8’-0”18’-0”18’-0” 36” ABOVE GRADE BUMPER POSTS 6’-0” O.C.2’-8”1’-4”ACCESSIBLE CURB 5’-0”8’-6”8’-0”8’-0” 9’-10” BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP SANITARY WASTE CONNECTED TO EXISTING SANITARY BELOW PARKING AREA8-0x8-2M.O.TRENCH DRAIN TO SANITARY WASTE TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP BELOW SLAB FUTURE FLAMMABLE WASTE TRAP EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVE 1’-0”16’-0”15’-1”14’-11 17’-4” conc plank clg 8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”7-11 x 8-69’-1”15’-11”14’-6”10’-3”16’-11”25’-0”19’-11” 8-0x8-0 O.H.DR. 101’-10”2’-0”12’-2” 8’-1” 26’-6” 8-0x8-0 O.H.DR. 8-0x8-0 K.O. PANEL BELOW SLAB PIPE TO NEW FLAMMABLE WASTE TRAP REBUILD 2 WC COMPARTMENTS INTO 1 H.C.ACCESSIBLE COMPARTMENTDFSS HAND SINK SERVICE SINK RECEIVINGWAREHOUSE SHIPPING STORAGEWAREHOUSE SEED CLEANING OIL CRUSHING PROCESS PROTEIN MILLING PROCESS YELLOW PAINT STRIPINGAND ACCESSIBLE SYMBOL 24’-0”40’-6”16’-5” 179’-0”39’-8”80’-2”100’-7”40’-5”238’-0”26’-4”1’-0”34’-8”34’-8”34’-8”34’-8”34’-8”36’-4”1’-0”163’-4” 39’-4”1’-0”40’-0”40’-0”40’-0”3’-0” 163’-4”22’-0”127’-6” office t t break rmm 101’-8”90’-10”61’-8”29’-9”13’-7”10’-7”ramp14’-0”10’-0” PP PP201’-10”152’-6”29’-6”268’-10”162’-0”179’-0”184’-2”329’-4” 1962 TIMBER FR/WD DECK SPRINKLERED 22’ DECK TWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 13-4 X 11-8 PP F U E L F I L L E R C A P F U E L M O N I T O R ELEC. TRANS. TOWER PP BITUMINUOUS PVMT BITUMINUOUS PVMTBITUMINUOUS PVMT FENCEBITUMINUOUS PVMT 1984 CONC. FR/CONC. DECK SPRINKLERED 24’ ROOF 60’-5”77’-0”ST. FR/ST. DECK 24’ ROOF 1962 ST. FR/ST. DECK SPRINKLERED 21’ DECK 1962 ST. FR/ST. DECK SPRINKLERED 21’ DECK 20'0'20'60'40'80'100'200'NORTHWAREHOUSE 2100 STOUGHTON AVENUE CHANHASSEN, MN238’-0” ?TANK 39’ DIA 35’ HIGH BITUMINUOUS PVMT 6-9 x 16-1053' TRAILER ELECTRICAL TRANSFORMERS COVERED PLATFORM DS DS 100’-0” 96’-0”FROST FOOTING1:20 SLOPE 1:20 SLOPE 47’-6” 32’-6”4’-6”4’-6”5’-0” 7 R @ 7”6T @ 12” DS 98’-3”10’-0”HANDRAIL 2’-8”1’-4”8’-0”8’-0”8’-0” 95 spaces 53' TRAILER45’ -5 spacesfut pkg110’18’266’ = 30 SPA C E S 261’ = 29 SPA C E S 171’ = 19 SPA C E S100’175’ = 19 spaces future pkg53' TRAILER53' TRAILER297’ = 33 spacesfuture pkg53' TRAILER53' TRAILER53' TRAILER72’ -8 spaces fut pkg 1:20 slope70’ -6 spaces+ acc space54’ -6 spaces52’ -6 spaces54’ -6 spacesFUT DRIVE IN DR FUT DRIVE IN DR175’ = 19 spaces future pkg175’ = 16 spaces+3 spaces future pkg57’ -1 space+ 2 acc spacesWEST PARKING: TOTAL: 86 EXISTING PKG SPACES 89 FUTURE SPACES 1.54A = 6.6% 11 SLOPED ROOF12’ - 17’11’-0”28’-8” SCALE 53' TRAILER 53' TRAILER53' TRAILER53' TRAILER53' TRAILER53' TRAILER SITE PLAN 1” = 50’-0”RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A1 a PARKING site development: parking analysisplanting planSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNSUPPLEMENT9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 2020JUNE 5, 2020 PARKING PLAN open dock w/ roof canopy to be removed MECH PLANTING DETAIL 1 PLANTING DETAIL 2 EAST PARKING: TOTAL: 24 EXISTING PKG SPACES 13 FUTURE SPACES TOTAL 212 PARKING SPACES (includes 102 future spaces) (includes 8 accessible spaces)99’-0”98’-0”97’-0”96’-6”97’-6”99’-6”98’-6”99’-10”6-9 x 16-10BITUMINUOUS PVMTBITUMINUOUS PVMT 24’ GATE HINGED 40’ GATE CANTILEVERE D 40’ GATE HINGED 30’ GATE CANT/HINGE 9’-0”7’-0”15’-0”2 - AUTUMN BLAZE MAPLE PLANTING DETAIL 1 3 - JAPANESE TREE LILAC 6 - DWARF AMUR MAPLE 3’-0” O.C. MINACCESSIBLE RAMP LANDING 4’-6”7’-6” PLANTING DETAIL 2 CUT PVMT FOR PLANTINGS PLANTING SCHEDULE SYMBOL ABM AUTUMN BLAZE MAPLE JLT JAPANESE LILAC TREE DECIDUOUS TREES DECIDUOUS SHRUBS BOTANICAL NAME COMMON NAME 2.5" 15 CAM MATURE H X WQTYROOT 16"7’ X 7’ 25’ X 20' SIZE 6 3 B/B 50' X 40'2 'JEFFERSRED' ACER X FREEMANII SYRINGA RETICULATA multi stem 'BAILEY COMPACT'AMUR MAPLE ACER GINNALA BAILEY COMPACT GAL 5 GAL AL AMERICAN LINDEN CONIFEROUS TREES BLACK HILLS SPRUCE EASTERN WHITE PINE PICEA GLAUCA VAR. BS WP 2.5" 6' 6' B/B B/B B/B TILIA AMERICANA PINUS STROBUS 40' X 30' 40' X 15' 60' X 35' 2 DENSATA 3 4 CUT PVMT FOR PLANTINGS FENCE FENCE FENCEFENCE FENCE FENCEFENCE FENCE 71’-0”2 - acc spacePPPP elec trans53' TRAILERALAL AL AL BS BS WP WP WP Re: Gedney building 2100 Stoughton Avenue Chanhassen, MN SITE TRAFFIC COMPILATION: Anticipated traffic volumn from Hemp acres tenant ‘4’: Occupying 50,000 sq ft. Present expected employees 10 - 12 in the building on a given workday. Anticipated expanded operations employees 25 - 30 in the building on a given workday. Existing tenant ‘1’ in the building: Occupying 40,000 sq ft. Present 1 visit to the space each week Maximum occupants during turnover of storage 3 occupants for two days, three times per year. Projected warehouse tenants ‘2’ and ‘3’ in the building. Occupancy of remaining 90,000 sq ft. Projected at 1 occupant per 1000 sq ft. = 90 occupants. Total projected occupancy: 123 occupants At projected occupant arriving at the site to be 1 1/4 occupants per vehicle that would become 99 vehicles onto and off of the site at peak arrival and departure times. Deliveries by truck to the site: Anticipated truck traffic from Hemp acres ‘4’: Present, 1 tractor/trailer per day incoming, 1 tractor/trailer per week outgoing Projected 3 years, 2 tractor/trailer per day incoming, 2 tractor/trailer per day outgoing. Existing tenant ‘1’ in the building: Anticipated 1 tractor trailer per month incoming, 1 tractor/trailer per month outgoing. Projected warehouse tenants in the building tenant ‘2’ & ‘3’. Projected 3 tractor/trailer per day incoming, 3 tractor/trailer per week outgoing. A U D U B O N A V E N U E Carver County Public Works 11360 Highway 212, Suite 1 Cologne, MN 55322 Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us CARVER COUNTY June 26, 2020 City of Chanhassen c/o Bob Generous AICP Senior Planner 952-227-1131 bgenerous@ci.chanhassen.mn.us Re: Development / Access Review Comments: Conditional Use Permit for Food Processing at 2100 Stoughton Avenue (Hemp Acres) – Located near the intersection of CSAH 61 (Chaska Blvd.) and CSAH 15 (Audubon Rd.) Thank you for the opportunity to review the subject development in the City of Chanhassen. Please reference the Public Works Development Review Process document on the County’s website for detailed instructions. The County assumes compliance with State Statute 505.03 Subdivision 2 regarding road authority review. Consistent with the County Comprehensive Plan and County Codes, the following are comments and recommended conditions of approval and potential requirements for any necessary permits to be issued for the project: 1. Impacts to County Right of Way and Access to County Highways a. The subject site is not adjacent to County right of way and no direct access to County Highways is proposed. Additional County review and approval will be required if this condition changes. 2. Traffic Impacts a. The County requires a Transportation Impact Analysis (TIA) for a development determined to substantially impact a County Highway facility. At this time, the proposed use does not appear to meet the defined thresholds listed below (2.a.i), although the estimated traffic generation was difficult to interpret for the proposed use. If the proposed use is revised or trip generation is further defined to meet one of these factors, then additional traffic information and analysis related to the operations at the intersection of Highway 61 (Chaska Blvd.) and Highway 15 (Audubon Rd.) will be required. For example, potential traffic mitigation by the development may need to be provided when the development site and intensity approaches these thresholds. At such time additional measures may be needed to provide reasonable capacity and traffic operations at or nearby related County intersections and highways. i. County Guidance for Requiring Transportation Impact Analysis 1. Development generates 750 or more vehicle trips per day. 2. Development generates 100 or more vehicle trips in any one hour period. 3. Associated roadway traffic is increased by 50% or more. 4. Development is determined to create a potential hazard to public safety as determined by the County Traffic Engineer. 5. Development traffic could substantially affect an intersection or roadway segment already identified as operating at a level of service D or worse. 3. Required Permits a. Prior to any work affecting or on County highways or in County right of way (none currently proposed), the applicant shall coordinate plans with the County Engineer and obtain a Utility or Excavating/Filling/Grading Permit(s) from Carver County Public Works: (http://www.co.carver.mn.us/how-do-i/apply-for/a-permit). Final details of locations, grades, and profiles affecting County roads as well as any utility connections will need to be reviewed and approved prior to any permits. b. Any damages, modifications, or changes incurred on County highways from current or approved conditions will need to remedied or updated at development expense, including costs incurred by the County. These are the County’s comments at this time. If you have any questions or need further assistance, please contact staff noted below: Joan Guthmiller Administrative Technician Carver County Public Works 952.466.5201 jguthmiller@co.carver.mn.us Angie Stenson AICP Sr. Transportation Planner Carver County Public Works 952.466.5273 astenson@co.carver.mn.us Dan McCormick, P.E. PTOE Traffic Services Supervisor Carver County Public Works 952.466.5208 dmccormick@co.carver.mn.us CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE srATE OF MINNESOTA) ( ss. corINTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on &',." JS F.Elf;'20i0, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe atached notice of Public hearing to consider a request for a Conditional Use Permit (CUP) for Food Processing and Outdoor Storage on property located at 2100 Stoughton Avenue (Hemp Acres); Zoned Industrial OIIice Park (IOP), Planning Case File No. 2020-09 to the persons named on attached Exhibit ..A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me thist<+day of.-\+t.-z- ,2020. Kim . Meuwissen, Deputy Cler k (Seal) JEAII U STECKLII{G Nery R/blorffmaE riffitEd..5tl.tElr No tary Pub Subject Area Daacl!l.Br This map is neithea a legally lecor(led map nor a suNey and is not intended lo be used as one. Thig ,rarp is a compilation of recods. information and data localed in various city, @unty. state and tederal ofices and other sources regardang the alea shown. and is io be used for refeence purpo6€5 only. The Cily do6s nol waraant that the Geog€phic lnbrmation System (GlS) Oata used to prepare this map are eroa free, and the City do€-s not represenl tlat the Gls oala can be used tor navigational, t_acldng or any other purpose requiring exacfno niea$remenl of distance or diredion or p,eclsron in the depidion of Oeographic Gatules. The paeceding disdaimer is povided pulalant to Minnesota StaMes 5,164.03, Subd. 21 (20(a), and the use. of thi3 map ad(no'viedlEs lhat the City shall not De liable for any .lama0es, and expressly waives all daimg, and aoree3 to detend. indemnity, and hold hamle$ the City lrom any and all daims brooght by User, its employe6 or agents. or thid padies \ 4lich arise oul of the users access or use of data plovided. DLchh€r This map is neither a legally Eco.ded maP nor a suNey and i3 nol intended lo be used as one. This map is a comprhtion o, reco.ds. inlomalion and data located in varbuS cily. coonty, sbte aM fedeGl ofice5 and olher sources regarding the area shorn. and i3 to be used br rebrence purpoges only. The City does not warra.t that the Geogaaphic lnfonnation System (GlS) Data used to prepare this map are enor free. and fle City do€6 not repfoa€nt that the Gls Data can be used for navi€abonal, facking or any other purpos€ Equiring exacting ,tt€asurement of distrnce or directon or precision in he deric{ion of Oeographic featuGs The preceding clisclaimer is provrded putauant lo Minndota Statut6 5.{66.03, Subd. 21 (2000), and the u3er of thas mep actnowledge3 that the City shall not be liable for any daftrOes, and etpessly *aivea all claims, and agrees to defend. ind€rnnrt. and hold haml€s the city from any and alldaims brought by User. iE employees ol aoents. o. lfrid partles vfiidl adse out ot the 6e/s access or use of datia provided. (TAX_NAME)D rTAX_ADD_L1> <TAX ADD L2r Subiect Area [tr + ? \.-[tr1 I 1 (Next RecordxTAX_NAMET ITAX_ADD_LI r rTAX ADD L2r I-TT EIGEI I I ? It a t I -_\ E .q o, 2EFb EE o-Eoo98F- tiog R€Oc;(\c -EF9 Eo ;.so! BT9= F5 E 6 il) (E =ool'-F- tli o) -o Eo€ O ocloo o- O .-,.1(Lo o.L o).c o (! =Ec E o)coN of 6J o-gE Eocye (u --6 or9oc: Ufig(! 60 b(!N EE6c oEoLL o) EsE.r a-- or= <.E() q o- o .PEA f&5 EcSq) 5 H 36 =o E5.E !?oE li E5E o)J ,ii o 0) E o) o oo o-cc 0) ldl 6o- oJJ li Eo o. E rl)I C'c't o,J oEoEo o -9 o ! Eoor>f95i>=<c-o6s E,!5EOc6e N< -o)IE3 -*p E i:eE sc s EEii g:es .o.c2Y !u,,i a)org-! t ==E=€?iP bXEP H o OE i=! 6 eEga :sergEBSP ii=H8,Et.i*E 3Es EigEEg =;eE!qe-frE=,HSEEgP;PE8tr€Eo6-oi<'is dt 5{, a, E .9o ,2 E Eoo a,, .g s o- ! ;ETEEE citEIEEEiE EBEIIHiEE+E E; ls3:E asE -c aJ rbl ,^ 'w !-: l, O- !a aA ;gIIEatEIEE gEIIE.g;EEEi E]f .9r o o) E '-oc l tr E c 0, ([Ec(oEq'6 I uio!c n)o) o)o EO Eo, 5F 3= 9.6EE6ooc)lE -c'ai -qo XE -(Uo_Q-9c)oE'6o b8 0)E.>t o: Y(U eEdt JCcEo)LU'i =_9rrHzii E a B E 6 3I E idE i: .6 o Go o o()oJ :,:l!oo CLo o- o 'o t!,o.I o. G IJ cl El .9 a!(, oJ It,IL e o- o o C ii) a.=SEl6' E=EO =5 05..o9trEoo o=OE=ooo Ec oo =rDo.=o;.eoFrE .9oEo3EDo. .E oEoo.9dor23 ol! gt! o t, Eq,(, =g.E L|,,|!aao=-E.,E =ods oc eE E1za oooEElll .Co tt a{,(, Eg .9o .c E- oo El .EE s o- ! AE#EEE eitEIEI;;i agEI;BiEgii ;ai|EEttaEi :EIIEs;EEEi E I €E Ee A.coo9gFti oB R.8OE;N.g F-9 =c;.s ET 9=F5 E d o (l =ooF-F.i o)-o E(! E O c o() o- 6(L il,oEo E fpc E rl)coN o,fc() o- aEE- o_a6 or9q.c i'q3dI9ioo 6o bdN EE6c opQl!9 9e g l,-- orf Ec /\ o)'E=O-(!- OeEi .,ll-),E(L V --.0)EHPorf X 6 s6 =o E AEEo-c=836 o-o ).J o o) c o)c o.oO o.c,co 5 co 6o oJJ lt o) o o- E 0,I o)'t o)) It) (u E o Pg I o oP o! o> 69>=(c -o.v' -aLE9,EOc6e ts8 N< =.P fi i:t5 s, : EEEE Efl":e A;Eg EEEE FEaH:=SEefpE.8 IEttE;E: iiEE *gEgEEpgHgE: EHEE **g; sHESEfgg6t;nio.;+ rl) 0o- c)E o...o9trcOC' o=OE=ooo (EIEIclolatt I(ulEto Icv I'-o IEo lbo)_eb8;g 2-oEa6oooEEaqol EE B -(E0 S i-ECJEo o.l'6 (!6 ctt cox9 9E;o* E Ebb :gEf EE 5E*A u; .=ti Ez E; ilEiiiElliisii:i iiiiEiEEiiiEiiii ;igEgiigEE!EiEiEE q E5 5 B E t g I E :joooo.o G lt 'o o Io- o o. >Ht.9 o.Geto.J I ii) o.=o- ::o-Xf=!O(!.C =E .9 l!l,oJ iri F c6 o, .!o oozzzzZzZJJJJ.OJ@tdiisis9999?9?d.EtE-G!99U()U(J(Joor-.roooo<Ocl.\rO(!l^an(Ylrn(n(Y)mc!Fl r{ .{ ..1 N i{ (\l *zz*:oo: =60BuJ:)>r!Ee9k(9L^ir(, .!ooNo!/tostoorNo d,o lzo J(JStr i=- Or. d,o 3 F (, o zzzzz-23OOOOO4O--.1T-FFFF-FE =-II-J--4(,(9(,(,(,1(,tllll)lr\=4ooooo>o3FFFFFEF! ooooooooO\!,r\@@OlOa{d..l .r t-r N< O <tt-.1 !-l N a{ oo L S H.HE Ho T c.) 6+ BE gPEBS$E r sa a nE:lg a 3e a xgelA3E :3E gigqA E ::AAAEEAE E iIE iEESE EEE f E E E E E EEEi R-E-oiFa -,; I* P : p6?ii=E= .r=EE ?x'+= ====qqq;=E=*EiE=e;-;E=Ee;ii*.- e i:etttH*= E3= :EEtu ia ?2523{E858tL L - o o o rn or - N o o N N - v, or r a o - o o o -,., ao dl dlx - -.\r(o r\.a ah ah r/)..{ !n !-.'| o N rr1 orno(ol\NoF(nr{=^-^d v v o r{ F.r F{.r Fr 6r (n (o F. 6 cD r-,r N <l c) <l ^r rn 1/, (h l'\ r{ = (J (J (JF.{H- Fl !.{ F{ ..{ a\l N m tl l/) u) \O (O F 6 L) d C e 6> gVZ ge ag HJo. G d. r >t ;3 2 X gq i,., I c? EY = I =A r-t = ,^iu Fq j ?rf E gn E, eHoi ,aN*-.. e. g=tr-^tr< >a od =EEEeEEEEEErEEEEEEBEEEEEEEHiEE cr6 o oo o OO O O rr O O O.r O O OO O O O O !r OO O OOi 6 6 6 6 6.{ - 6 6.{ (Yr o Ln r-r o N o o <l !-.{ N <r ut,n o -r o o83593Pr83338P8338N:88888888:8dt F\ rn rn (n (n .n F. (n (n sl <h rl r- sl <l Ol rn (n O1 (!@61'\.Osl@rl mF. m 6 c, ci 6 o m o o.6 f\ (n.n (n (n l.. o o F 6 (n.n (n d) m.n.n c)a-J H 6 6 6 6 6 F{ o o O O O d O O O O O O <t H d H d O H O O6 ora 6 6 6 6 oo o o O O O ur O O A O o o oo O O O O O O6 an a\l rn an m an nt an an (n (n (n tr) a\ (n an an (n ao an rn rn rn an m an ln ilzd PLANNING COMMISSION STAFF REPORT Tuesday, July 7, 2020 Subject Consider a Request for a Setback Variance at 7701 Frontier Trail Section PUBLIC HEARINGS Item No: B.2. Prepared By MacKenzie Young­Walters, Associate Planner File No:  PROPOSED MOTION: The Chanhassen Planning Commission approves a 30­foot front setback variance for the construction of a porch, subject to the Conditions of Approval and adopts the attached Findings of Fact and Decision. SUMMARY OF REQUEST The applicant is requesting a 30­foot front yard setback variance in order to construct an open porch along the home’s southern elevation. The proposed porch is part of a project to shift the home’s main entrance from the western elevation where it currently opens directly into the right­of­way to the southern elevation where it would open into the property’s yard. The requested 0­foot front yard setback would be an extension of the home’s existing 0­foot front yard setback. Staff would typically not support a request for a 0­foot setback; however, in this case the home’s existing location on the property means that extending the existing façade makes architectural sense and since the extension is further from the intersection it will not further impair sight lines. Additionally, the open design of the porch and its overall architectural compatibility with the existing structure minimize its visual impact. Staff does have reservations about allowing the eaves to encroach approximately 4 feet into the right­of­way (ROW) and feels that this would set a precedent for other areas of the city where existing structures have been built right up to the street ROW. For this reason, staff is recommending that a condition be placed upon the variance requiring that the porch’s eaves be redesigned to not encroach into the ROW. A full discussion of the variance request can be found in the attached staff report. APPLICANT Daniel Burke, 223 W. 77th Street, Chanhassen, MN 55317 SITE INFORMATION PRESENT ZONING:  "RSF"­ Single Family Residential District LAND USE:Residential Low Density PLANNING COMMISSION STAFFREPORTTuesday, July 7, 2020SubjectConsider a Request for a Setback Variance at 7701 Frontier TrailSectionPUBLIC HEARINGS Item No: B.2.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: PROPOSED MOTION:The Chanhassen Planning Commission approves a 30­foot front setback variance for the construction of a porch,subject to the Conditions of Approval and adopts the attached Findings of Fact and Decision.SUMMARY OF REQUESTThe applicant is requesting a 30­foot front yard setback variance in order to construct an open porch along the home’ssouthern elevation. The proposed porch is part of a project to shift the home’s main entrance from the westernelevation where it currently opens directly into the right­of­way to the southern elevation where it would open into theproperty’s yard. The requested 0­foot front yard setback would be an extension of the home’s existing 0­foot frontyard setback.Staff would typically not support a request for a 0­foot setback; however, in this case the home’s existing location onthe property means that extending the existing façade makes architectural sense and since the extension is further fromthe intersection it will not further impair sight lines. Additionally, the open design of the porch and its overall architecturalcompatibility with the existing structure minimize its visual impact. Staff does have reservations about allowing the eavesto encroach approximately 4 feet into the right­of­way (ROW) and feels that this would set a precedent for other areasof the city where existing structures have been built right up to the street ROW. For this reason, staff is recommendingthat a condition be placed upon the variance requiring that the porch’s eaves be redesigned to not encroach into theROW.A full discussion of the variance request can be found in the attached staff report.APPLICANTDaniel Burke, 223 W. 77th Street, Chanhassen, MN 55317SITE INFORMATIONPRESENT ZONING:  "RSF"­ Single Family Residential District LAND USE:Residential Low Density ACREAGE:  .22 acres  DENSITY:  NA  APPLICATION REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article II, Division 4, Non­conforming Uses Chapter 20, Article XII, “RSF” Single­Family Residential District Section 20­615, Lot Requirements and Setbacks. Chapter 20, Article XXIII, Division 1, Generally Section 20­908, Yard regulations BACKGROUND County records indicate that the house was built in 1896. Staff is uncertain as to when the garage was constructed. In August of 1991, the city issued a permit to construct a fence on the property. RECOMMENDATION Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve the 30­foot front setback variance request for the construction of a porch, and adopt the attached Findings of Fact and Decision, subject to the following conditions: 1. The porch must be redesigned so that the eaves do not encroach into the public right­of­way (ROW). 2. The applicant must apply for and receive a building permit. 3. An Encroachment Agreement for any encroachments into the right­of­way such as landscaping, retaining walls, structures, etc., except for the house, shall be filed prior to issuance of building permits. ATTACHMENTS: Staff Report Findings of Fact and Decision Development Review Application Narrative Plan Rendering Survey Affidavit of Mailing Engineering Memo Variance Document CITY OF CHANHASSEN PC DATE: July 7, 2020 CC DATE: July 27, 2020 REVIEW DEADLINE: August 4, 2020 CASE #: PC 2020-11 BY: MYW SUMMARY OF REQUEST: The applicant is requesting a 30-foot front yard setback variance in order to construct an open porch along the home’s southern elevation. LOCATION: 7701 Frontier Trail APPLICANT: Daniel Burke 225 W. 77th Street Chanhassen, MN 55317 PRESENT ZONING: “RSF” – Single Family Residential District 2040 LAND USE PLAN: Residential Low Density ACREAGE: .22 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a 30-foot front yard setback variance in order to construct an open porch along the home’s southern elevation. The proposed porch is part of a project to shift the home’s main entrance from the western elevation where it currently opens directly into the right- of-way to the southern elevation where it would open into the property’s yard. The requested 0- foot front yard setback would be an extension of the home’s existing 0-foot front yard setback. Staff would typically not support a request for a 0-foot setback; however, in this case the home’s existing location on the property means that extending the existing façade makes architectural sense and since the extension is further from the intersection, it will not further impair sight lines. Additionally, the open design of the porch and its overall architectural compatibility with the PROPOSED MOTION: “The Chanhassen Board of Appeals and Adjustments approves a 30-foot front setback variance for the construction of a porch, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decision.” 7701 Frontier Trail Variance July 7, 2020 Page 2 existing structure minimize its visual impact. Staff does have reservations about allowing the eaves to encroach approximately 4 feet into the right-of-way and feels that this would set a precedent for other areas of the city where existing structures have been built right up to the street right-of-way. For this reason staff is recommending that a condition be placed upon the variance requiring that the porch’s eaves be redesigned to not encroach into the right-of-way. APPLICABLE REGULATIONS Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4, Non-conforming Uses Chapter 20, Article XII, “RSF” Single-Family Residential District Section 20-615, Lot Requirements and Setbacks. Chapter 20, Article XXIII, Division 1, Generally Section 20-908, Yard regulations BACKGROUND County records indicate that the house was built in 1896. Staff is uncertain as to when the garage was constructed. In August of 1991, the city issued a permit to construct a fence on the property. SITE CONSTRAINTS Zoning Overview The property is zoned Single-Family Residential District. This zoning classification requires lots to be a minimum of 15,000 square feet, have front and rear yard setbacks of 30 feet, side yard setbacks of 10 feet, and limits parcels to a maximum of 30 percent lot cover, of which no more than 25 percent can be impervious surface. Corner lots are required to meet the required 30-foot front yard setback along all street frontages, but the remaining lot lines are subject to side yard setbacks. Residential structures are limited to 35 feet in height. The lot is 9,940 square feet, and has approximately 1,589 square feet (15.99 percent) lot cover. The existing house has non-conforming 0-foot front yard setbacks (North and West lot lines) and the detached garage has a non-conforming 4.5-foot front yard setback. Small sections of the house’s footprint encroach 1.1 feet and .08 feet into the right-of-way with the associated eaves encroaching approximately an additional two feet into the right-of-way. The existing structures meet all other requirements of the City Code. Bluff Creek Corridor This is not encumbered by the Bluff Creek Overlay District. 7701 Frontier Trail Variance July 7, 2020 Page 3 Bluff Protection There are not bluffs on the property. Floodplain Overlay This property is not within a floodplain. Shoreland Management The property is not located within a Shoreland Protection District. Wetland Protection There is not a wetland located in the development site. NEIGHBORHOOD City Lots of Chanhassen The original plat for this area was recorded in October of 1887 and was replated in March of 1896. Over the following century, many of the original lots have be altered through vacations, combinations, or sales. Many of the resulting lots are substandard or have atypical shapes. The plat and many of its lot combinations predate the City of Chanhassen and since their creation, a zoning code was passed, the zoning code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. The result of this is that many properties in the area do not meet one or more of the requirements of the city’s zoning code, and a significant number of properties are either non- conforming uses or are operating under a variance. Variances within 500 feet: 1976-16 221 Chan View: 4’ front setback variance (house) – Approved 1979-03 7610 Frontier Trail: 5’ side setback (garage addition) – Approved 1981-06 7616 Frontier Trail: 8’ front setback (detached garage) – Approved 7701 Frontier Trail Variance July 7, 2020 Page 4 1983-13 222 Chan View: 7’ side setback variance (garage) – Approved 1985-06 7725 Frontier Trail: 3’ side setback variance (garage) – Approved 1986-10 7791 Erie Ave: 10’ front setback variance (house) – Approved 1988-10 7725 Frontier Trail: 3’ side setback variance (garage) – Approved 1999-06 226 Chan View: 18’ and 10’ front setback variances (addition and detached garage) – Approved. 1999-13 7616 Frontier Trail: 8’ front setback variance (garage) – Denied 2001-01 220 W 78th St: 21.5’ front setback variance (addition) – Approved 2004-39 222 W 78th St: 26.2’ front setback variance (intensify non-conformity) – Approved 2020-03 306 W. 78th St: 1’ height, 11.33 sq. ft. display area (monument sign) – Approved ANALYSIS Front Yard Setback The home was built in 1896 and due to the fact that 19th century surveying and construction techniques were less precise than modern standards, the home was constructed partially within the roads’ right-of-ways. At the time the home was built, the city did not yet exist and it is unknown what setbacks, if any, would have existed. The result of these factors is that the house’s north front yard setback varies between -0.8 feet and .2 feet and its west front yard setback varies between -1.1 feet and .3 feet. The existing home configuration has the main entrance facing west and exiting directly into the public right-of-way. The homeowner is proposing to relocate the entrance to the property’s southern façade and construct an open porch to improve the entrance’s aesthetics and shield the entrance from the elements. The applicant has stated that the proposed reorientation will improve safety since the home will no longer need to be entered directly from the right-of- way. 7701 Frontier Trail Variance July 7, 2020 Page 5 The proposed porch would maintain the existing plane of the home and run roughly parallel to the west lot line for 8 feet with a 0-foot setback. Staff would not typically support a variance request for a 0-foot setback; however, this is a unique situation where the house’s existing placement and configuration dictating the location of the proposed porch. Additionally, since the proposed porch is of an open design, i.e. no screens or windows, it will have less visual mass than a solid wall. Finally, the proposed porch is located on the far side of the house from the intersection and would not in any way impact traffic sight lines. One of the intents of the 30-foot front yard setback requirement is to create adequate front yard green space and provide a consistent neighborhood aesthetic. While allowing a 0-foot front yard setback would typically violate that intent, in this case, four of six properties along Frontier Trail between W. 77th Street and W. 78th Street have structures with 0-foot front yard setbacks and existing home is already located on the lot line. Staff also notes that there is currently approximately 20 feet separating the paved edge of Frontier Trail from the lot line. Most residential streets are designed so that there is 10-15 feet of right-of-way between the edge of the pavement and the property line. While the additional 5-10 feet of right-of-way distance is not equivalent to front yard setback, the extra distance does lessen the visual impact of the property’s lack of a front yard setback. That being said, the city is planning to conduct a street project to improve Frontier Trail in the near future and it is possible the road could be widened. Taking into consideration the preexisting placement of the house, design of the porch, and overall architectural characteristics of the project, staff believes the requested variance meets the intent of the zoning code and provides reasonable relief for a non-conforming property. For these reasons staff recommends that the front yard variance be approved. Right-of-Way Encroachment The proposed entryway redesign shifts the door back approximately four feet with the main porch roof starting approximately two feet back from the southwest corner of the house. The proposed design then calls for an eave extending approximately four feet into street right -of-way. This eve would be supported by the porch structure that stops at the lot line. This proposed configuration would result in the porch’s eaves projecting about two feet further into the right- of-way than the home’s existing eaves. Staff believes that the porch can be redesigned so that the eaves stop at the property line and do not encroach into the public right-of-way. Due to the fact that the door is recessed four feet back from the southwest corner of the house, this revised design would still allow for the porch roof to shelter people entering and exiting the structure while avoiding a structural encroachment into the right-of-way. Staff has always taken the position that no structure should be allowed in the public right-of-way and is very concerned that allowing the encroachment of the proposed eaves 7701 Frontier Trail Variance July 7, 2020 Page 6 into the right-of-way will establish a precedent that architectural features like cantilevers and eaves are allowed within the right-of-way. There are several older neighborhoods in the city, Carver Beach and Red Cedar Point being prime examples, where many older homes and garages are located immediately adjacent to the right-of-way and where property owners would potentially be interested in encroaching into the public right-of-way. Engineering has also noted that they are planning to reconstruct Frontier Trail in the near future, and that the road project would require an unobstructed right-of-way to accommodate construction equipment. At this early phase in the project, the Engineering Department is not certain if this section of Frontier Trail would be widened or left at its current width. For these reasons, Engineering Staff recommends that the porch’s eaves not be allowed to encroaching into the road right-of-way. Since long standing city policy does not allow eaves to encroach into the right-of-way and there are viable design alternatives to avoid the encroachment, staff recommends that a condition of approval be placed on the variance requiring the porch to be redesigned so that the eaves do not encroach into the right-of-way. Impact on Neighborhood The City Lots of Chanhassen is the community’s original neighborhood. Many of its properties are non-conforming uses, and 12 variances have been given to the 52 properties within 500 feet of 7701 Frontier Trail. Of those 12 variances, six were front yard setback variances and 11 were front or side yard setback variances. While the applicant’s requested variance would be the largest front yard setback variance granted, the existing house has 0 foot front yard setback and an eight foot expansion of that existing non-conformity would not have a negative visual impact on the neighborhood. Additionally, four of the six lots along Frontier Trail between W. 78th Street and W. 77th Street appear to have structures constructed up to or slightly into the street right-of-way. Finally, since the proposed expansion is an architecturally defined open porch that will create a defined entrance to the house, staff believes that the requested variance will improve the house’s façade and appearance as seen from the street. Proposed Existing 7701 Frontier Trail Variance July 7, 2020 Page 7 RECOMMENDATION Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve the 30-foot front setback variance request for the construction of a porch, and adopt the attached Findings of Fact and Decision, subject to the following conditions: 1. The porch must be redesigned so that the eaves do not encroach into the public right-of- way. 2. The applicant must apply for and receive a building permit. 3. An Encroachment Agreement for any encroachments into the right-of-way such as landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior to issuance of building permits. ATTACHMENTS 1. Findings of Fact and Decision 2. Development Review Application 3. Narrative 4. Plan 5. Rendering 6. Survey 7. Affidavit of Mailing of Public Hearing Notice 8. Engineering Memo g:\plan\2020 planning cases\20-11 7701 frontier trail var\staff report_7701 frontier trail_var.doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Daniel Burke for a 30-foot front setback variance on a property zoned Single- Family Residential District (RSF) - Planning Case 2020-11. On July 7, 2020, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments 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. 3. The legal description of the property is: Lot 10, Block 4, City Lots of Chanhassen 4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: The zoning code allows variances in order to permit the owners of non- conforming property and lots to undertake reasonable improvements. The applicant’s proposal to relocate the existing entrance so that it no longer exits into the public right-of- way and to construct an architecturally compatible open porch to provide shelter for individuals utilizing the entrance, represents a clear improvement to the property. While the city would normally not support a 0-foot front yard setback, the existing home’s location directly on the property line makes it impractical to maintain a front yard setback. Taking into consideration the preexisting placement of the house, design of the porch, and overall architectural characteristics of the project, the requested variance meets the intent of the zoning code and provides reasonable relief for a non-conforming property. 2 b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant’s proposal to relocate the home’s entrance so that it does not exit directly into a street right-of-way is reasonable, as is the request to construct an architecturally compatible open porch to provide shelter for individuals entering and exiting the home. The location of the home on the property makes it impossible for the applicant to construct the proposed porch without the requested front yard setback variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The lot was created in 1887 and the home was built in 1896. Since the creation of the lot and construction of the home predates modern survey techniques and permitting standards, as well as the creation of the city and adoption of a zoning code, the applicant is forced to work within the constraints created by the non-conforming lot and house placement. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city’s oldest neighborhoods. Many of the properties in the area do not have the required 30-foot front yard setback, either by virtue of variances or b y virtue of their status as non-conforming uses. Additionally, four of six properties located near this parcel along Frontier Trail appear to have structures built on or across their front lot line. Given this, allowing the application to construct an open porch maintaining the existing structure’s 0-foot front setback will not alter the essential character of the locality. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2020-11, dated July 7, 2020, prepared by MacKenzie Young-Walters, is incorporated herein. 3 DECISION “The Chanhassen Board of Appeals and Adjustments approves a 30-foot front setback variance request for the construction of a porch, and adopts the attached Findings of Fact and Decision, subject to the following condition: 1. The porch must be redesigned so that the eaves do not encroach into the public right-of- way. 2. The applicant must apply for and receive a building permit. 3. An Encroachment Agreement for any encroachments into the right-of-way such as landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior to issuance of building permits.” ADOPTED by the Chanhassen Planning Commission this 7th day of July, 2020. CITY OF CHANHASSEN BY: Steven Weick, Chairman g:\plan\2020 planning cases\20-11 7701 frontier trail var\findings of fact and decision 7701 frontier trail (approval).doc Pc_ (9..c), ..„,._ l 1 COMMUNITY DEVELOPMENT DEPARTMENT anningdDivision — P.O. 147, Chanhassen,CITY OF CllA1ifiASSINMailingAddress— .O. Box 147, Chanhassen, MN 55317 111111Phone: (952)227-1100 /Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: h " 5 —oZc) PC Date: T-1-O CC Date: rj D.1^ 60-Day Review Date:. S—14^ep,,O Section 1: Application Type (check all that apply) Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment 600 Subdivision (SUB) Minor MUSA line for failing on-site sewers $100 E Create 3 lots or less 300 Create over 3 lots 600 + $15 per lot Conditional Use Permit(CUP) lots) Single-Family Residence 325 Metes & Bounds (2 lots) 300 All Others 425 E Consolidate Lots 150 111Interim Use Permit(IUP) Lot Line Adjustment 150 In conjunction with Single-Family Residence..$325 Final Plat 700 Includes $450 escrow for attorney costs)* All Others 425 Additional escrow may be required for other applications through the development contract. Rezoning (REZ) Planned Unit Development (PUD) 750 Vacation of Easements/Right-of-way(VAC) $300 Minor Amendment to existing PUD 100 Additional recording fees may apply) All Others 500 ElVariance (VAR) 200 Sign Plan Review 150 Wetland Alteration Permit (WAP) Site Plan Review(SPR) Single-Family Residence 150 Administrative 100 All Others 275 Commercial/Industrial Districts* 500 Plus $10 per 1,000 square feet of building area: Zoning Appeal 100 thousand square feet) Include number of existing employees: Zoning Ordinance Amendment (ZOA) 500 Include number of new employees: Residential Districts 500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Plus $5 per dwelling unit(units) Notification Sign (City to install and remove) 200 Property Owners' List within 500' (City to generate after pre-application meeting) 5if n $3 per address 52 addresses) Escrow for Recording Documents (check all that apply) 50 per document Conditional Use Permit Jnterim Use Permit Site Plan Agreement Vacation Q'Variance Wetland Alteration Permit Metes & Bounds Subdivision (3 docs.)Easements ( easements) Deeds TOTAL FEE: Section 2: Required Information Description of Proposal: Request variance to build a porch on the south side of my house, the house was built in 1896 and is on the lot lines in the northwest corner of the lot. Property Address or Location: 7701 Frontier Trail Chanhassen, MN 55317 Parcel #: 25.0500380 Legal Description: Lot 10 Block 004 City of Chanhassen +W10' of Lot 9 Total Acreage: 0.22 Wetlands Present? Yes 0 No Present Zoning: Mixed Low Density Residential DistriFj Requested Zoning: Not Applicable 0 Present Land Use Designation: Residential Low DensJ Requested Land Use Designation: Select One Existing Use of Property: Single Family Home Check box if separate narrative is attached. Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc.with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Daniel Burke Contact:Daniel Burke Address: 225 W 77th St Phone: City/State/Zip: Chanhassen, MN 55317 Cell: 612)221-0506 Email: mnburkes@gmail.com Fax: Signature: '"Date: 6/8/20 PROPERTY OWNER: In signir. this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: 1896 House LLC Contact:Daniel Burke Address: 225 W 77th T Phone: City/State/Zip: Chanhassen, MN 55317same Cell: 612)251-0506 Email: mnburkea@gmail.com Fax: Signatures Date: 6/8/20 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: Property Owner Via: Email Mailed Paper Copy Name: 0 Applicant Via: 0 Email Mailed Paper Copy Address: Engineer Via: Email Mailed Paper Copy City/State/Zip: Other* Via: Email Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM I VARIANCE REQUEST 7701 FRONTIER TRAIL CHANHASSEN, MN 55317 I am making a request for a variance on the above listed property. I recently purchased the property and plan on remodeling the house. The house was built in 1896 and is one of the oldest houses in Chanhassen. It was built well before the current setback regulations were established.The northwest corner of the house is on the northwest corner of lot line.The front door which is on the west side of the house opens directly onto the city right-of-way.To improve safety, I want to move the door to the south side of the house so that it no longer opens directly to the street.To do this I will need to build a porch on the south side of the house to provide access to the door. The west end of the proposed porch will extend south along the property line following the line of the house for about 8 feet. It will then extend east to the existing porch (app 25.6ft). The variance is required because of the location of the house in relation to the lot line. The proposed relocation of the door makes the house safer as it will no longer be necessary to enter the house directly from the right-of-way. A variance for the porch running along the west property line is necessary for access to the house after the door is relocated. The design of the porch is harmony with the age and style of the house and will fit well into the neighborhood. My wife and I have owned and lived in the neighboring house to the east, 225 West 77th Street,for 36 years. 1896 HOUSE LLC Daniel J Burke Sole Member aW t.: Is- o z§ 2 qco a0 QN D 8 Z 2 2 z 111111 /// J IE. Z W 40 f-. - I I/ W! N 1 irpit. -`! /// W Z igi 11011 •///// re i lin I//// 4 O 0 W O w cc 0 i r_ Lo. EL ,, Z O o a a 0u' IL^' J W J Lz 11 W Q 0 1.-1-- 2 O1 d I` z 1 a m Z 3 WCO XL I' W q 1 I11/7J ig i Ileal Je! uoJ d I 4--.' 4.,, 3, Vh..- 7.: W7...' i,": 4;'.."• i: i41- fir-;:, 1 14-„,,,. y,...„,,•, 1. 1., fifm?: st: N .. 4,...,, f."'.',•'-`.'.'...:.-.-..'. A' Ifling 1 i-,,-,,,, iigMlk.':::-::: 1 --,, W,-- sm c,-- 14, r,... i.-- Jr,.,, i-.. 7, IIIINNIIIIIINIIIIIIIII ' 4'•--"• 4'..,•,'•• 14' 4A I ?,:-.'..•;.. 04• Ibi; 4;' ''' 7'' 1' 1 r-:.,',,,'-', Ali'‘ V. V• i . 11 ' '-,,-,"':= r.,-.-. • 1.;•" I1',:', ' I '', ' ' 21''''''•','''''-'-'''.-'' I L. i'-.•„.,,,„,. :-,..,,,,. t,,,,... 1., L, I 1 lill 1 ...,::::„...,„,„;;,,... t.,„... 4...„....,,... .,:, pig. Jr • •,, li ,,, t,......._..., _.„ 1 ...._.. 11 li, , i.,-...,;± 7,-,- 4:::,; 0';-. 1.•,: ii, 1 , iuir , if ,- ii iLiI. i : '• ; '-, •.,"."„ .. i' 1-.,'..-::'-- 2:-.•).. -'".•!:' r i; .•` i I 1 , ok•-• • .•— 4'•'••• ---- H::-.'• i i i. 1 . f -= , ..., i/ ,• i i ,:,•.-I 4 i f . \'.'•,„-;•,,,,,,;:,;;-. 1`.'„,---::',' 1 ':•' -''''''''•,''''''e,.. , .... „ zr.,,•,-. ,,„:..• l• 1 it / if 1 1 g iii ' iiiniat f4 iiiirentirmitl! 4:: 1 : / , . 4 1 - 4,• 4-, p. 1 —,1 A I,•:"'.' 1',,•;' i' l.'". 1, I,' i 14' ik, r r i, r............. I ., 1 r•..,-,,, 1 Milli 11 El N , 111111 rii.;,••••_-;.:::.!..-,,.,',: ii.:-.::„. III k ili:,.,.,.. 111III 1 Ill 4* 111TraN11111111111i ' II 1<:.11L., 1 IIN MHillI] i CERTIFICATE OF SURVEY 7701 FRONTIER TRAIL CHANHASSEN, MN 55317 77th STREET WEST 0 30 711 . 7 1" = 30 FEET 00 .--NOR TH LINE OF LOT 10, BLOCK 4, ST. HUGE TUS x ro N89°50'44"E 69.97 1,1 26.3 r, 66 EXISTING " T . --. 1 10.0 LEGEND HOUSE Di 1.9 CONCRETE SURFACE N 7701 FRONTIER WAIL ,.1 L I = BITUMINOUS SURFACE ex'i 54 i".5 CHANHASSEN, MN 55317 co GAS METER w z.,. 0 1 • c; c0 3 1 25.6 i v -,` rh 7 PIGN ONV x 0 = POWER POLE 7,4( ..;. /°612.0 om^ TREE w6. x - = FENCE LINE FOUND MONUMENT LL m j W 0 = SET MONUMENT U cn m F Z LUi i 9 x a m o Fr m E) o w= o W Ga o1.0 0 L._1 , J w U La E....1 or. m O zo o k w o 3 J ig o c,,,: O o Z Q LJ2 F 4.6 22.1 1- EXISTING ``JI w Q GARAGE -i w1 4.5 - 1 22.1 i i N H 10.0 -66 0 NIN0O°11'15"E 1 S00 07'24"E __ f 8.00 8.00 r;' N89°52'36"E 70.29 \ SOUTH LINE OF LOT 10, BLOCK 4, ST. HUBERTUS \ ELC ELC ELC U--- --- - ELC '' --CCC Y---------. S89 70.33 1 CENTERLINE OF UN-OPENED ALLEY EXISTING 1 GARAGE x CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COTINTYOFCARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on J.-._n c f,S j" 4ffj3,2020, 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 to consider a request for a Setback Variance to construct a porch on property located at 7701 Fronfier Trail; Zoned Residential (R), Planning case File No. 2020-ll to the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and thisQElday o swom to before me f ..J r^r.-.<-- Kim Meuwissen, Depu k ,2020. Aabl*tro6 JEAT' Mtlilry htrr ,hrF IIu, N otary Public Subiect Area Disclaimcr This map is neither a legally recorded map nor a survey and is not antended to be used as one. This map is a @mpilation of records, infomalton ancl data located in various clty. county, state and federirl offces and other sources rcgarding the area shown, and is to be used for reference purposes only. The City does not wanant lhat lhe Geographic lniormaton System (GlS) Data used to prepare this map are enor free, and the City does not reFesent that the GIS Data can be uscd for navigational. tracking or any other puDo6e requiring exacting measurement of distance or direclion or plecision in the depictton of geo€raphic features. The preceding disdaimer rs povrded puGuant to Minnesota StaMes 5466.03, SuM 21 (2000), and the user ol this map aclnowledges that the City shall not be liable for any damages, and exp€ssly waives all daims, and agrees to debnd, indemnify. and hold hannless the Crty fom any and all daims bought by User, its employees or agents. or third partes which aise out of the use/s access or use ot data provided. (TAX_NAME)t aTAX_ADD_L1> <TAX ADD L2r (Next RecordD(TAX NAMED Subject Area Disclaimer This map is neither a legally recorded map nor a survey ancl is nol intended to te used as one- This map is a compilatioo of records, informalion and data located in various oty, county. strate and federalofnces and olher sources regading the area shown, and is lo be used for refe.ence purposes only The City does not waranl that the Geographic lnfomalion System (GlS) Daia used to prepare this map arc eror free, and the City does not represent thal the Gls oata can be used for navigational. trackrng or any olher purpose requiaing exacting measurement of distance or direclion or precision in the depiclion of geographic iealures. The preceding disdaimer is provided purcuant to Minnesota Statutes 5466.03, SUM 21 (2000), and the user of this map aclnowledges that the City shall not be liable for any damages. and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parlies which arise oul otthe use/s a@ess or us€ of data provided. ITAX_ADD_L1r ITAX ADD L2r J rf f Lf r} *l cd ,E d, @hfE EEo--oo9PFt i!g R€O.;NE-- >,eEo j.sgE t,q 9=F5 E: @ n) o =ooFf.* ID o) -o Eo-cO ocao (gI O -E\U (D oo vO o>f.PqdI + -.]oEE ocoo o'E xrE6oa ^ oo) - (O LL '- oro9= q 'Eqro 3 6N ooE .' C,Y or.EEPa9E>t! dER ollF-E(D-F(,(\, rl) f d) Ec Go o ,9 o B e sbF.9 ES CEOc tr: -aoEF-F-< _ tt)r-c€;s E 1:E= .gE E €EEt Be.: E;PP-s, q:a.Er._.= = Bo..\., 3EEE EE-iEE€rP bXEPRoOE i=ts6 SEgP flHEE, ?E=-. Egf,E HEgEP iirHPp* ! 6- 2 .E -- tr8o_(,-o o,.9 E q t, BEEg =EE5A5l-3i.Ee5€3o=.c ! (,(rl-(JtL-dr " O)(n OF O n_c Otr5 Eo6;o.ir.is E; E 0)(, E .9o .9 E Eo() E' g o. a,e€Ese EIE E s s it:l = c;., O EHIEgEE'E EEIEEEi: $g:-aElr a9i;sEio -l li o o.9.9E fic.i o=.c- EiBE.EE:3i3s'h9SdEEPEro orc trE- oc c oc (|) rE'= b_q >b 9g golr-o o E o EL o E o E .9.i lo = oNoot o E (,ooo.ccltl (t () ;i! ID (\, n) -o- cic =o) 0) E It) E6.g o,EP -o-crf 3gop-co EO,,/,o- 9-o k6;o =EO= =t E]ac .s, o 0) E 'aoc fc Ec rl) aI, co-cq'6 ;; B tho!cq) o)(5g)o ce EoEg EE =;2!,Ea6oo(DiE -c'a' 8e o*-ao _!2.sc)(5ol '6(5 cltb8op.>t 8Pp6 eEdt)E c-o)Lo9 =-9urYzX fti EEiEE iE,IE[E :gE EEEil EiEEEEi tg; 5g;;ssi!reiEe iiE EiHEgE$iF;fii E3EEiiiiEgEEEEEg fEE EEEE;EEIrI?Ee i8g EEiEEEiEEEFi: iEtEiEiiiEgEiAiEgA6. I q 6 E E 6g g ! o GIoJ Goo CLo o- oo oo >ctoO'Eo- t!stGJ (! o I ii) d.=Gt!o ;=.co =5 €,.qr9cgo!) o=OE3Ooo EDtr o(, =c EDO.sE;.eoFrE -9oEoftto- .=EE Gr6.9d OE23 oG-cE!! o BE oo = .P.ELaaE.oo=-E.,E=on rr dgr OE .EE!ir25 oo(g trt! o ;,efEee EIE E s e € ttIEEttgv ol-c o o t F O/QlO!- d 6, E-EgBH!tg B$i;Ee;E EE$gE E EE:;3s',8:;! o ! o !z,o9l .: o o.c E'E* o =EE;E EE gf =;5oNoN o ; E E c,oot! G () ..,:c B;; 0, o -go- c',c'- o)o E rl) E6*sx(! -d2o 3gogEO oFo;l,o- O tJ,;>k6lo)zEO= =t o:o o E .q =lo I EO .E .) EEFb EEo-coo9gF- '5(!g o-q o.;NE >BEo j.s3!ur! t- :t ti dl tl, ([ Oot-F. ui o -o EoE ocao (s :E tY (5'ac d.)p d)t E It)coN (! F .oco L! ot-F. o oS oo -aoo>.JtO d.)(D o--oo: OEpo 85oa '- (.)orl '- ttocrDo-cothO 5or oc ar .9P6d> o-6 -c arjla 0) l(I) Ecoo !ill o L o s e gb F.g EA EEOcEE b8I\-t-< ;-P il i:t5 s, ; E:EE EH'E aHEs ffEf EE:qH !gEE!; rI H EEE ;gE*siEEgEE: E HEE *$e= 8H#5E = o;i_c otr5EO;;o.ic.j+ n) co- c).c €..o9ECoo o=OE:fooc) a) d) E Eoc :,c Ec o) (5 .c,coE9q = =; tt,oEc o,o,oq)o EoEg 6E€o,> 9. ltt6>E6oo)i= -cqo -'o.03.oo-qtsc)oc) '6(g b8oo.>t o=PE "nE)cc-o)L ah6 Eg HE. ctJ ao lEiliEEsrsigil:i lgitaiEEiiissgEl EEg:aiEge;EiIgaEE ",;eE3g:I3E#E:EEEE ;sEEg€EiEiEgaEE;I i! a e g 6 0, i: 05 o Go o l!IoJ :'ooo CII o- tr G o. >Etod, 'EiL t!eto-J 9clto.= o-Xi= -Oo.c =E iri Ei:d o t!o oo ==i ii22;>>3>>333=33>===1333=3=3;=E=sEEIIt ; ; G i, i *- .- ; t- t- i i ; A 1 G d f., i t t t t r_ 2 G < i i Z. i. SF==E==EEE=FE==EF=FEFEFFFE=EFHEPEE< i: O O i{ O O i\ ri i- O n r. t) u r- F (J F N t\ t\ F F N F (J F N o ^r rn rn ,1!r <. <' l..) !n (!l F c) c:r .{ F{ 6a N a\l sl <f rr1 tg ri 4l <l (o N r-l !n ol m O l:. O O o o OE d d 6 d 6 b - - N N i.i i'i i.i N N c'{ c.l Q Q o o o -r r{ Fr 6r r., o F ro to to to6 - - - - N -l N a! N N ..t l\l a.r N 11 r\l N d) m (n d) ln .n (n .n N F ^l N F F F t\ ^t F\ Fdqtur Oot m qr Q(!to h {lo, o€RR RRAR FR E R BBSB E EE EEitb bariaor b' iel sr o oOOO Y q1 o ot orI*-.".*{**r.. II".r..*r.*n r.. r'. rl *,:,:,: \ SotF F \\ ;{ .-.1 F.l i ;l .l t'{ -r Fl Fl !'t t-l ir !'l .i Fl -l Fl Fl .'l .i -{ -l Ft -l : !! F{ Fl F{ ''l Fliri iri in.o.n rn mfr).n rn ln.n.n.o roo {r q, .rl .o r, .n m m.o 6 :',,1 o ql tYl .n(Y) mHRnnnBBnnnBnnnBRnHnnBnBHs*fr iBHnRsz z z z z z z z z z zz zzz zz z z z z z z z z q = i ? z z z z ===============>>====>===R>3>====^. i i 2 i i 2 2 2 i i i i 2 i i 2 2 2 i i i i i i ;? s= i i i i iI,H H H H B H H H H H H H H H H AAd-- H H U U Ad4Z = U H U U H E'??13 3 3 3 33 3 33 3 3 3 3 3 33 3 33 333 = E ;33 3 3 3<.= 2 2 Z Z = Z Z = = Z 2 2 = = = z z z z z z z z z .; z 6 z z z z z ?i ii i.- t --r r- - -r r - -- r r- - -- == L-- -- rtr o o o o o o oo oo o oo o o o uu uu e uu u u r! 2 u u u () (.)(J 66= zz3 -, -.-3i =-z=.f=.== = = ihii= ==i== =i;==hB3== 33 ===?EEE==i,h ; = E r = ; 6.-= *-d5 = =h 1 I h 6GGGh h E P 2iiit z. BT==\==EEF=FE==[F=\EFEFFFEgH=EEEEE-' i\ L) L)5 U L) r. c.. F (J N l- (J (J > F. (J > F F F. F F F r.r r- ) or ol rn ro r,)<'<t tr rr.t 6 (o N o o Fl Fl N N l\| t <l rn (o -{ t! <l (o F Ft ln ot F{ € rJl gl o o o oa d d O 6 6 O - -.{ N i\i r.i ..i .! N N N Q Q o O O -r Fr Fr ol !n O -r (o (.q (D toF - - tl - - - ..1 6r r\ N 6t N N N 11 6l N m d) ln m .Y] .n an m d) L F N li t\ F F -*5usi o s E gE p .a,=az =3 irn:- ^==, i=-= E s!E3Ex = iEEEE=EiEEEEEE==EEi===gIEEEEEEE o o o o o o o o o o o o o o o o o.r o o o ra o rn rn o o e) -r o o Q e)--65-666(D=rrt-<-FF^lFrF{c)dooorol .\l N oN o.{o oi6 n = ii i\i - + 6 - -r 6 6 (n .n o m .n I <t .r o < + .n (n .{ o m c.l or O .n laii ii o ci ii ci dr 6 o o 6 6 o o O o o o o s O o o o O Q o Q e) (o o .n d,i\i 6 6 6 6 6''..r 6 6 6 - O O o o o o o o .t o o o o o o <t o o .\r <l N .\r;'; 6'; 6 6 .-r |',t r^'6 6 r,1 6 !n rn'4 |,r ur 6 -l La ra l. u) rn ln (o.rl Ln -l oO !i Fr = o ci66 6o o ooo N o o oo oo o oo oo o oo o.{o qQ ry QQ = 6 66 'i !n r,) 'Jl 6ra rn lJ) !n lJl.h !n ra ln s) rn sl s'l r.n La u) La s) u) ln l, u1 rn La !ao- l\i --Nc.t..lNNNNr..l(\Nl\tNt1 c,l N.! N N N a{ NN r..l a! a\ N l\ N 11 N oo ao co I/'|/IJJJJ)JJJ, 2ded oc t G. g, G, G. = =FFF F F FFF F1 a.rae & a. &.G.G d, -u=Y=r-s!4- t! !! tJ r.,r ut u uJ LlJ ur ur rrr r!et?Eiii;eEee4r4=r=e,tr G !! Q o o 6 - g O !! !g !9 O gJ O O O !! OdG G.G edA. IdEEEa,G,GE&.EEa,uJ (j, ur (, i! LL E r\ !!r u- IrJ t! lrJ lr ur r! L lr lrl l! (o N @ cD o .r ro N Ft Fi m (o o o.t ri d) ut F-t t-6 O 6 O - i -r 6 O O O O N 6l a! .',1 6l N Crl NG @ lD @ (O (O rO 6l I\ F t. F. N F F r\ F N F l-F F I\ F. F T\ F N F N I'\ F F. F F' F T\ F' F' I- Ln@!nooolololor 6l N ln an d) a\l N N (nd (o .r ro o o o o !-t r-.l .r rJ) !-l r-l .l f'l FlFFF.N\O(o(O(O (O(OF FF. NF. r\ F-oi or ol or or cD cll 0t or ol ol o ct! 01 clt ot qr F F T\ F. N F F T\ F. N F. F F F. T\ N F" F. F\ q) Fi F.l -l Ft Fl .'l Fl Fl F{ Fl F l Fl Fi r'l r't Fl Fl Fl !'l Orn d) an m .n m m m d) arl (Y,) m rn d) m an rn rn m 4rri L/t !r1 !,! Ln Ln r/t La Lrl rn Ln lJ.) v) ltr rn Ln ra rn !r1 (,1 lJ) Ln Ln!n u1 !o Ln La La ra rr! !n ln !n ul Ln !a ',) lJ.)& Z Z z Z Z Z Z z 2 Z Z Z Z Z z z Z Z Z 11 iiii2iii22;iiii2i2;2l.J rJJ l.J t! lrr LU UJ trJ lrJ LlJ UJ LlJ lrl tJJ rrJ uJ uJ =t't u1 t \ t t r/t rJ\ v\ t/1 th vl t^ v\ v1 tl) vl th tn th arl >,a tA aA aA aA t/, u\ th th ti ta \.n v't v\ u1 u1 ta th v\ --rr---r-I--r-rr---r-Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z vt IIIII--ET--T-III----(J (JQ (J U (J (J (,U UU(J (J(J (.) U (J (JU L) oo -rJG,!o.oo IA\AJJJJJJJJJ2 ZECCd,t &. G, tG.E LJ = =FFF}- F F FFF ]a laaca e d Ed.E O -trJ = !! = !.rr !-! tr,t r! t !9 - - ur u ur u u u tJJ J?E?E=rr=i=??aEa=r=e3 ',r +l 9J el 6666g!6!g_llJ!!o!!ooo9tze E d 4 d, A A A G. t d. e. E c. t e. c. c, C, =uJ (,, uJ (!, r! u- rr r! rJ.r u- uJ r! Er r! IrJ L u- rr uJ :J (.o F- OOr Cr -r (o F\ ri r-l d) (O OO d !r c) ul .rL6 o o 6 - F{ .-r .i O O O O N lr{ .! r\l N N 01 O(6 (o (o (o (o (o (o (D I\ N F t\ F F r\ F. F. N F raF T\ N N T. F. T\ F F. F F F. T\ F T\ T\ N N F co = qoE Hf^ =- r P7- 3g =F > t>i h E=lEEtE;=EE=l*EiE;Et ooooooooooooooooooooO O O O O.n O $ !'r 0O.! Ln O N Fl Fl N rJ).n (D(o Fr N Or O O a\l O.n (n N.rl H O N O O O.T Orf) rn.Yl N s o <, o o o o o o o o o o o o oN a! ..,1 .\..,r<tNslOooOoo()LnlJ)Ooo!i r-.1 -l -l Fl 6 i O !n ul rn Ln la la Ut O O (n Ln U1oo o oo N o.\r o oo o o o o(o (D oo oLn rn lJ] t,l !n ul Ln ul gt r/,) Ln ln tn rn La ln 1, !n !n r,la{ a.,l N a{ N a..l a\l N N 6l t.. N a! .\l a\ a{ N 6l N (\l Memorandum To: MacKenzie Walters, Associate Planner From: Erik Henricksen, Project Engineer CC: Charles Howley, Public Works Director/City Engineer George Bender, Assistant City Engineer Charlie Burke, Street Superintendent Date: 6/25/2020 Re: Setback Variance at 7701 Frontier Trail – Planning Case 2020-11 The Engineering Department has reviewed the Variance submittal for 7701 Frontier Trail. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of public works infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends be formally imposed on the developer in the final order. Note that references to the “City Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates. General Comments/Findings 1. Any and all utility and transportation plans submitted with this application have been reviewed only for the purpose of determining the feasibility of providing utility and transportation facilities for the project in accordance with City Standards. A recommendation of variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. The City of Chanhassen Engineering and Public Works Department will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. 2. It is the opinion of the Engineering Department that the proposed variance can be developed in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to Engineering and Public Works requirements) and City Standards, provided it fully addresses the comments and conditions contained herein, and can be approved. 3. The provided Certificate of Survey shows that the northwest corner of the existing home (built in the late 1800’s) extends approximately 1.1 feet past the property line and into the public right-of-way (ROW), and the southwest corner of the home extends approximately 0.3 feet into the ROW. With the existing main entry door to the home located on this west side of the house, this requires the residents to step directly into public ROW when entering or leaving the home. This is not ideal for the residents nor is it common city practice for managing public ROW. As an upcoming capital improvement project to rehabilitate Frontier Trail is being evaluated, and will inevitably require all available right-of-way for the construction of the project, any encroachment into the public ROW would be considered a hindrance. It is recommended that an updated survey be provided. See proposed condition 1. 4. The applicant is proposing the construction of a new porch located on the south side of the existing home which will relocate the main entry door to the south side. The existing west main entry will then be removed. This relocation of the main entry door to the south of the home is more suitable for the existing home’s location in relation to the public ROW and will reduce potential conflicts with any future maintenance and rehabilitation projects associated with Frontier Trail. 5. Based on the provided plans the newly constructed porch and the proposed eaves will extend further into the public ROW than the existing home currently does. See Proposed Condition 2. Proposed Conditions 1. An Encroachment Agreement for any encroachments into the right-of-way such as landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior to issuance of building permits. 2. The plans shall be updated to reflect no additional encroachment into the public right- of-way, which includes the porch’s eaves. 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2020-11 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a 30-foot front setback variance request for the construction of a porch. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 10, Block 4, City Lots of Chanhassen. 3. Conditions. The variance approval is subject to the following conditions: 1. The porch must be redesigned so that the eaves do not encroach into the public right-of- way. 2. The applicant must apply for and receive a building permit. 3. An Encroachment Agreement for any encroachments into the right-of-way such as landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior to issuance of building permits. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. 2 Dated: July 7, 2020 CITY OF CHANHASSEN BY: (SEAL) Elise Ryan, Mayor AND: Heather Johnston, Interim City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2020 by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 g:\plan\2020 planning cases\20-11 7701 frontier trail var\variance document 20-11.doc PLANNING COMMISSION STAFF REPORT Tuesday, July 7, 2020 Subject Consider an Amendment to the Chaparral Planned Unit Development (PUD) Ordinance to Correct a Typographical Error Section PUBLIC HEARINGS Item No: B.3. Prepared By Bob Generous, Senior Planner File No: Planning Case 2020­10 PROPOSED MOTION: The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development – Residential, PUD­R, zoning ordinance. And, Adopt the Findings of Fact and Recommendation. SUMMARY OF REQUEST In reviewing the Chaparral Planned Unit Development – Residential zoning ordinance, staff discovered that an error had been made in Ordinance #535.  The error included an incorrect number and the omission of the addendums to the development plans in 1988 and 1999.  The proposed amended ordinance is shown in a strike­through and bold format. APPLICANT City of Chanhassen, 7700 Market Boulevard Chanhassen, MN 55317 SITE INFORMATION PRESENT ZONING:  Planned Unit Development ­ Residential, PUD­R LAND USE:Residential Low Density and Residential Medium Density ACREAGE:  106.18 acres  DENSITY:  NA  APPLICATION REGULATIONS Chapter 20, Article II, Division 2.Amendments Chapter 20, Article VIII, Planned Unit Development District PLANNING COMMISSION STAFFREPORTTuesday, July 7, 2020SubjectConsider an Amendment to the Chaparral Planned Unit Development (PUD) Ordinance toCorrect a Typographical ErrorSectionPUBLIC HEARINGS Item No: B.3.Prepared By Bob Generous, Senior Planner File No: Planning Case 2020­10PROPOSED MOTION:The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral PlannedUnit Development – Residential, PUD­R, zoning ordinance.And,Adopt the Findings of Fact and Recommendation.SUMMARY OF REQUESTIn reviewing the Chaparral Planned Unit Development – Residential zoning ordinance, staff discovered that an errorhad been made in Ordinance #535.  The error included an incorrect number and the omission of the addendums to thedevelopment plans in 1988 and 1999.  The proposed amended ordinance is shown in a strike­through and bold format.APPLICANTCity of Chanhassen, 7700 Market Boulevard Chanhassen, MN 55317SITE INFORMATIONPRESENT ZONING:  Planned Unit Development ­ Residential, PUD­RLAND USE:Residential Low Density and Residential Medium DensityACREAGE:  106.18 acres DENSITY:  NA APPLICATION REGULATIONS Chapter 20, Article II, Division 2.Amendments Chapter 20, Article VIII, Planned Unit Development District BACKGROUND On May 29, 2012, City Council approved ordinance #535 incorporating the design standards for Chaparral in a Planned Unit Development ordinance. RECOMMENDATION Staff recommends that the Planning Commission approve the amendment to the Chaparral Planned Unit Development – Residential district regulations. ATTACHMENTS: Staff Report Findings of Fact and Recommendation Chaparral PUD Ordinance Amendment Affidavit of Mailing CITY OF CHANHASSEN PC DATE: July 7, 2020 CC DATE: July 27, 2020 REVIEW DEADLINE: NA CASE #: 2020-10 BY: RG SUMMARY OF REQUEST: In reviewing the Chaparral Planned Unit Development – Residential zoning ordinance, staff discovered that an error had been made in Ordinance #535. The proposed amended ordinance is shown in a strike-through and bold format. LOCATION: Chaparral Subdivision – Powers Boulevard to the west, Carver Beach Road to the north, Nez Perce Drive and Kerber Boulevard to the east Meadow Green Park to the south. APPLICANT: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 PRESENT ZONING: Planned Unit Development - Residential, PUD-R 2040 LAND USE PLAN: Residential Low Density and Residential Medium Density ACREAGE: 106.18 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has a relatively high level of discretion in approving amendments to PUDs because the city is acting in its legislative or policy-making capacity. A rezoning must be consistent with the city’s Comprehensive Plan. Notice of this public hearing has been mailed to all property owners within Chaparral. PROPOSAL/SUMMARY The applicant is requesting an amendment to the PUD to correct an error in the ordinance. PROPOSED MOTION: “The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development – Residential zoning to correct the internal inconsistency. And, Adopts the Findings of Fact and Recommendation.” Chaparral PUD Amendment July 7, 2020 Page 2 APPLICABLE REGULATIONS Chapter 20, Article II, Division 2. Amendments Chapter 20, Article VIII, Planned Unit Development District BACKGROUND The city approved a development contract as the regulating document for this development. CHAPARRAL, PUD #78-01 Total Site Acreage 106.18 • Residential Acreage 64.92 • Park Acreage 20.75 • Local Right-of-way Acreage 10.96 • Kerber Boulevard Acreage 7.35 Total Housing Units 423 • April 3, 1978 and November 20, 1978 – Approved rezoning to P-1 and Development Plan and plat for Phase I, 95 single-family units north of Kerber Boulevard. • April 23, 1979 and July 2, 1979 – Approved the Development Plan and plat for Phase II, 328 units in the 2nd, 3rd and 4th Additions of Chaparral (74 single-family, 98 duplexes and 156 quads – 162 buildings). • August 22, 1988 – Approved addendum permitting the following: o Decks cannot extend from the building farther than 10 feet o Decks must be 10 feet by 20 feet o Decks must maintain a 20-foot front yard setback • June 28, 1999 – Approved amendment to Development Contract to allow screened patios and enclosed porches on the quad units subject to the following conditions: o Screened patios and porches cannot extend from the building farther than 10 feet o Screened patios and porches must maintain a 20-foot front and rear yard setback o Screened patios and porches may not exceed a 10-foot by 20-foot dimension • April 27, 2001 – Approved a variance to permit decks and porches with an 18-foot setback. Decks/porches may not exceed a depth of 12 feet. • On May 29, 2012, City Council approved ordinance #535, the Chaparral PUD ordinance. Chaparral PUD Amendment July 7, 2020 Page 3 EXISTING CONDITIONS SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. Wetland Protection There are wetlands located throughout the site. The proposed development should not impact these wetlands. Bluff Protection There are no bluffs on the property. Shoreland Management The property is not located within a shoreland protection district. Floodplain Overlay This property is not within a floodplain. ANALYSIS The existing zoning of the property is consistent with the land use designation of the property. However, when the ordinance was drafted and approved, an error was made in the permitted uses of the zoning, with the intent stating 169 single-family homes, which included all phases of the development, and the permitted uses, 74 single-family homes, which included only the second phase of the development. Additionally, the city approved addendums in 1988 and 1999 to the development plan regulating decks and screened porches that were not included in the 2012 ordinance. The revised ordinance corrects these omissions. SURROUNDING ZONING AND USES The properties to the north, northeast, southeast and west are zoned Single-Family Residential, RSF. The property to the east is zoned Planned Unit Development – Residential, PUD-R. The property to the southwest is zoned Mixed Low Density Residential, R-4. Chaparral PUD Amendment July 7, 2020 Page 4 LAND USE - ZONING CONSISTENCY The proposed amendment to the PUD is consistent with the Comprehensive Plan land use designation. The proposed rezoning assists in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • Development should be phased in accordance with the ability of the city to provide services. The proposed rezoning assists in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the life-cycle. STREETS/ACCESS Access to the development is from Powers Boulevard and Kerber Boulevard, an arterial and collector road, respectively. UTILITIES Utilities have been installed within the development. RECOMMENDATION Staff recommends that the Planning Commission approve the amendment to the Chaparral Planned Unit Development – Residential district regulations. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Chaparral PUD Ordinance 3. Public Hearing notice and mailing list g:\plan\2020 planning cases\20-10 chaparral pud amendment correction\staff report chaparral pud amendment.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of the City of Chanhassen for the Rezoning of a property. On July 7, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for rezoning property by amending the Planned Unit Development – Residential zoning of the properties. 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 1. The property is currently zoned Planned Unit Development – Residential, PUD-R. 2. The property is guided in the Land Use Plan for Residential Low Density and Residential Medium Density uses. 3. The legal description of the property is: All of Chaparral Addition, Chaparral 2nd Addition and Chaparral 3rd Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse effects of the proposed amendment. The six (6) effects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report #2020-10, dated July 7 , 2020, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council approve the rezoning amending the Chaparral Planned Unit Development. ADOPTED by the Chanhassen Planning Commission this 7th day of July, 2020. CHANHASSEN PLANNING COMMISSION BY:___________________________________ Steven Weick, Chairman 1 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Chaparral, Chaparral 2nd Addition and Chaparral 3rd Addition to Planned Unit Development - Residential. Section 2. The rezoning of this property incorporates the following development design standards: Chaparral Zoning Standards a. Intent The purpose of this zone is to create a PUD for 169 single-family, 98 duplexes and 156 quad units. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the Chaparral PUD ordinance, the development shall comply with the requirements of the R-4, Mixed Low Density Residential District for the single-family and duplex units and R-8, Mixed Medium Density Residential District for the quad units. b. Permitted Uses The permitted uses in this zone shall be 74 169 single-family, 98 duplex and 156 quad residential units and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. c. Lot Requirements and Setbacks Minimum Lot Size: Single-Family – 10,000 square feet Duplex - 4,300 square feet Quad – 3,400 square feet Minimum Lot Width: Single-Family – 80 feet Duplex - 35 feet Quad – 35 feet Minimum Lot Depth: Single-Family – 120 feet Duplex - 120 feet Quad – 70 feet 2 The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Standards Front 30 feet Side 10 feet Rear 10 feet Kerber Boulevard and Powers Boulevard 30 feet Hard Surface Coverage 30 % * *The entire development may not exceed 30 percent hard coverage. Individual lots may exceed the 30 percent site coverage. Decks cannot extend from building further than 10 feet Decks must be 10 feet by 20 feet Decks must maintain 20-foot front yard setback Quad Units: Screened patios and porches cannot extend from the building farther than 10 feet Screened patios and porches must maintain a 20-foot front and rear yard setback Screened patios and porches may not exceed 10-foot by 20-foot dimension. The City approved for the quad units a variance to permit decks and porches with an 18- foot front setback. Decks/porches may not exceed depth of 12 feet. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this ___ day of _____, 20__, by the City Council of the City of Chanhassen, Minnesota Heather Johnston, Interim City Manager Elise Ryan, Mayor (Published in the Chanhassen Villager on ______________________________) g:\plan\2020 planning cases\20-10 chaparral pud amendment correction\chaparral pud ordinance amendment.doc CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COIJNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on &n- cS )P .ffi3,20Y0, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public hearing to consider an amendment to the Chaparral PUD Ordinance to correct a typographical error' Planning Case File No. 2020-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records' tnii(t^day ot].n<--, 2020. Kim M Notary Public Deputy lerk (Seal) Subscribed and swom to before me ilobry Dl.claimer Thas map is neither a legally recorded map nor a suNey and is not intended to be used as one This map is a compilation of records, informaljon and datra located in various cjty, counly, state and federaloffces and other sources regading lhe area shown, and is to be used for reference purposes only- The City does not wanant tnat the Geographic lnformatron System (GlS) Data used to prepare this map are enor free. and the Caty does not represent that the Gls Data can tr€ used for navigatonal, facling or any other pu@ose requinng exacting measurement of distance or direction or precision in the depction of geographic features. The precedang disclaimer is pmvided pursuant to Minnesota Statules 5466.03, Subd. 21 (2000), and the user of this map acknowledges hat the City shall noi be liable for any clamages. and expressly wajves all claims, and agre€6 to defend, indemnafy, and hold hamless the Crty from any and all daams brouoht by User, its employees or agents, or th,rd parties which arise oul of the use/s access or use of data provided. rTAX-NAMET <TAX-ADD_L1r *TAX_ADD_L2r (Next ReCord'xTAX-NAMET ITAX_ADD_L1l <TAX_ADD_L2r Dkclaim€r This map is neither a legally recorded map nor a survey and i5 nol inlended to be used as one This map is a comprlatjon of lecords, informalion and alata located in various cjty, county, state anal federal ofn@s and otier sources regarding the area shown. and is to be used tor relerence purpos€s only. The Cily does not warant that the Geographac lnfomalion System (GlS) Data used to prepare this map are enor free, and the C(y does not epre3ent that the GIS Data cen be used for navlgatoml. tracking or any other purpos€ equidng exactng measurement of distarrce or dtectjon or precision in lhe depicton ot geographic features. The preceding disclaimer is provided pursuanl to Minnesota Statutes 5456 03, Subd. 21 (2000), and the user of this map acloowledges that $e City shall not be liable for any damages, aM expressly waives all claims, and agrees lo defend, inclemnify. and hold hafinless the City from any and alldaims brouohl by User its employees or agents, or third parties whici adse out of lhe usefs access or use of dala provaded E;EooE.9o .9. E oo '= g I ! ;E#EEEE1TEIEfiEEgcgEl*EiEsEE iitIEaIEEEE gE ElEs;E EEE p2co0)(!ooF.F.tlio-oEoE oclo (5 I =Eo<EO-5pcoDooEO-E}go(5-aE!r='E8oop8.eEo_E.EE([OEoa)E(r;<oots8ooo- -c =ocLo).oE FfeE co o.c,coEo o =O o-9opIocLo9,'E ts,fo. 9Eo-sO(EriocE!o< -()2EHePEai'E E g:a E-EFg Eo dEO-r' (l)X aEEEE g:eE3EEE Eei9E8;F biiEP;EE= ecfEc€#Ei EEH=i EEEE iHEgE5-*3; E.P 5€ Acr =<.: o (/) F o (L E.r " O)(! OF O n-c (Dtr€ EO;-c.i..iv _l21.qbeto-coo9gF- ti(ogR€OE;NE t-o>e =e >i.Edt! BE E= iEiiEiEiiiiiiii iEiiiilEiliiiEaa ! g 5 E e 6g oa ,.o9 oo o=rl, E3Ooo o.a C .9r r1) E ,- oc ?c Ec it) EcoEo otIi ooC,-oo)i,!-(.)It)Eo o o)p Go o- =ll) o o o)p pco il) f ,5 E tti o) (!q o)CD(5o,c()r1)Ecc)Eic.9oo=o o o EE(E o E ID o c)o E o o-)c .s) U) =uJz o! (, Ei: 65 o Go o l!ooJ :j CIoo ELo o- G(.) at >Eto o-Geto.J CDtoo=9.9.=6:.oiiEJ-E-9o6o =EDo- .EbEoo.9dosz8 o GE oEo 6E a,o =P5 Glaat '=-E.,E €od9 OE flE'EE za thoGEEt! o q orl d E : = t E .9 F E c!oot- (!oNo(\ l- f jop o)fF d -=co 11) o =ool'-t- C)-o E(5 -co ocfo ([- (.) rEo.Eco€sEoDooEO-6.>coo- o0)o= e8oo e8eE or.q EEoOPool'81 e$OEs8o(!o- -E5oo-o..or5 6 FlrO c o) oEa(!E o o o .e o I o o cso9 .=6fiofA 9E(E-t3(E=o-! EEo< o c)'6' o. () C =P fr6 -n f a:tE t' ; EEEe E fl":e.! ? ^E O,-c.o E^ !+X'(,, O- f =ll !.= I ! c O,-Y sEEE EEeE EE qH !=3EEtp f,"8 I gEE E 6.e.g b E = tsAa.-4 d_oq- ;gE* EEEH H 8E: E HEi iF"FE pE#5F tr€Eo6-c.idd oo E .9o .!2 = oo lE o- a,s#fEe ElEissir:l = E; o od, kl E (E 6 C'= **IHEEEg EgE t*tE Hg:;iI ET afllEEEio-; -r o Y.- aEo-ILloq-Q-Q : i$g€EiII3e'89 SEEEPE-'to o-c trEE oc c oc (l)5'= HSaE E3 [ o =(! o E ==o =c; oNoN o q ott a! o q oi;i q) oo o- oc=rLro E ID Et -Q q)-qP -o2.o69-alog<o E0'@o- I :t' k6 =9O= == afcoia o rl) E 'aoc ?c Eco (! go.co o;; B (o 11)o,ooog,'Eo Eg EEEg 2 -v,Ea6oo(l) =€Pe XE EE.g(!E '6(o b8oo.>t8sEE 9Eo-< cEotL6lt =9ulxzE a EE s -'1 € ! E E a I E .E ;I q 3 EE EgPI 9E E: !i :E E3 i> ee aa EI .iE EE eP4; EE E E 5 a i c 3 E'r 8 I 9 I E E a d 8 iii:EEEI:iitii EliiHHiiiEii l}EEEEsEiiEiEEaiE o EF o5 (, (!o :jt!oo CL e o- E(lo CL >EEO 0, 'Eo. l!eto-J 9d,(, .= +'E a! .c =E 06 ..o9EEoo o=OEfooo o (rt E iit o-.=GtiI(, E=.co =5 o GooJ !I\)NJNN)N)NJiJAJA)AJNI\)N.'I\JN)N)NI!A)NNJNJN)I\JN'NJNJNT\JAJNJ\?NNN]-i, in Ln Ln Ln Ln rJr lrt ur ur (n (, (, (, Lrr ur Ln ur qr (.rr 9r ui (n (n u! (n (n !n (^ 9! !,rl !4 (, (n (, aij p N r\, r\, l\J N N N N N N N N NJ,9 r., fu fu fu fu N, N NJ l\r N N l\, \) N l!, N) N) ^J l\)5 5 a) i5 i5 i5 i5 i5 6 6 i5 o o 6 o o o o o o o o o o o o o o o o o o o er o6 5 - E E E E E Nj t.J 6 N N NT ^J - ra rS O r\r rrr (r', ^J c) N) ur ui ^J ir, l, N !^, @ O ix6 5 i5 i5 i5 i5 a5 o a a 6 o r- 6 }. t. o p 6 p o o p O p o o P o o F o O q o- 6 6 6 6 F 6 N 5 5 r, E (n E (,r (^ N l,l 5 t! or ! (, 5 ul \.J '..r ot \r { lJl { o t \r< E ur a r\J ia t. @ @ ro 6 o rr a N o u, r.^r { (, ! @ ! @ @ (,1 o o s F (! qr |o (o Nro i5 o o o 6 o 6 6 6 6 6 o o o O o o o o oo oo o o o o o o o o o o o*E==EEE;E=EEEEIEiEipEi=EEiiAeEEIHa; -is3€v=E;vz--l PPPPFPTIFPPPtsr TJPPPTJPFPPtsPPPF--I8988BBB888883SsSSSB9999B88E88E8BE8Ei6 p F o 6t ! N o tr l- P o { ot (, lrJ N P rj -l or (n P ts ! \.J qt ur lr E lr, l, Ni }. c)l ..t 6 tt ! ! ! ! ! _O'!' a') !'D'D -0'O ! ! r) ! ! ! ! r.) ! !'E't ! ! .p P ! (.) ! >--dddd5666t666o666>66oo>ooooooooo>oq> ; > > > > > Z Z Zn > Z > > Z 2 = 4 Z z z z F- 2 2 z 2 2 2 z z 1= 1,-EEii=====EEiiii**EE=EEE!i*EEiii*tl*=tt=zzz22==Y=2222==Yzc c = F 29q=e c E e e F e 6.'! .) r) .) r)-{I . - - -uvzv(fo00 r).).).).)r)r).1.).).).)6r).)r)r)r)r)r)r).)r).)r)r)r).)n.,oor)6r.)i- -i--}---t.i. ---. - - - - - t -.---r--- --? t' 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 z z z z z z z = z- z'> =======t---=---r--r--r---r--E-IItt u1 tt tr tlt v't vt t, u1 t1 v1 -tt1 lrt in t 'a 't tn tn q q i,r't -q ta ah irt -v1 tJ1 tt a tt qii ii 6 6 i; i; a irl it, a^ a^ i; i; ii a; a; ai O't Ut b i4 in an 6 v, a v1 Ol tn a.' t,t 1,6 6 6lmrrrmrnmmmm m m m m m m m rn m ii ii iri rnmrnEmmm _2 _2 :2 _2 ? _; ? -2 -i ? i _2 _2 -; -2 _; _; -; -2 ? -; ? ? = ? z = = ? ? ? ? ? ? ?' zZ22---=- -- 2 2 z z z z z 2 z z z z 2 z z z z z z z z z z z (, (^ (^ ljr rr! (n (n (, ur qr (, ul (n tjt l, qr (n ut vr (, t.'r (^ut qr (n ( (n l,r tJl ur !4 !4 (,l (n (,G G G i,i Ei 6 r, rri rn t'a rn ur tr! tn tn ur rrr tr t.lrtrr t.n 9t q! tn ur trr t.n trr tr! !, ! !4 9r (,! (, nj E; 6 aj dj dj nj 6j 6j (r'} ur 6i 6j ur ur u, r.r, r, !D tr, @ (r, @ ur (p (, (, (, ur (! r.r, u) (' u) ur 5I<<II..l-r-r-l*J..r-J..J...1 tl -r'.J \r { { '.J '.r ! ! ! --.J ! \r ! ..,J'{ !- .; 6 - -,t G,b,i G - C.E.t,6..t.i; 6 i;.b.e.b,b.b,ir,b.b to \e \e,b.'p te'p-E EEEEE EEEEEES!n555 (nFED55D5+5(nFiaE E b ilr' rr' EGE66EGi,El'! N'raairtrlssursFt.rsi:6 66666 6665566(o666r @ o or u! o or (,t o 'D (n (o rrl ts l. F P P P P P P P E P P P }J P P TJ P TJ P P E Ii P E Ii !4b b b b b b b b b bir 6 b bb b b 6 b o 6 ic o o ae eQaqQQ oo o =E:EESESXHEEEYXEEEEEiHEEEg=BBgRB8398Se?33333333e338333393333e33333333E893E Z Z = >- Z Z = Z Z 2 = = = = = = = 2 = = 1 =- 2 =-, = = = = = = = - - -SAEEEEEE=x==EEEEBEa6AiiaEiiiiiEiieitt==z2zzzzY=z2zzzzi=c e = F =ae2q c = e e g q 6oooI :.1 - - r -u':ovv0(,0s AJ NJ NJ I\J AJ NJ N I\J NJ NJ AJ I\J AJ NJ I\J AJ NJ AJ NJ AJ AJ N) 19 I\J NJ NJ N) N 19 AJ I\J I\J NJ NJ N I\.}|,r ur qr vr vl (,r(,(.rrql (.r1 9r(^(n{Jr(,l(,(Jr(rqriJlqrlJrur9rqr(n(n(n(^(J|9!q!(r(n(n(nI\JNJNIJNJNJNJI\JlaJNJi\JPNJNJi9iJNJNN)19NJl\JNJNJ19NJl\JN^Jl\JNJNJNI\)NN)o oo ooo oooooor ooooo oo o o o o o o o o o o o o o q a a aO O O O (, E r'J N Cio l\J O O O O lJJ N O lx l.i) N Nr Nr Nr t\r O N u) u) NJ (tJ u) N O e O Qo o o oo ts ooooo u oooo o }J o }J }J o lJ Fl o p o o F cr o o a a a qlO \] (,rJ \](,O@tO\.J(,l ONqlq)q1 ! 5O{qJSqJNrl\)S S t\J CO FPt4 N@0o\9\ON ! o\ @ 5 (r) (J! N) (! u, q.! ol p fu ar (, p @ ^J tv NJ (^ NJ (o t! ! N l. tr (,D C) \.J !o @ c) FoooooooooooooooooooooooooooooooooooonIilEEEEEEEE=TEiEEIEEEEEiEEaiEHEigIEiB 6, 6 ii : >z -?I z3sr E I ; -gl ! =i =,a; -E E Sq9qEE8S888SE6GEtsH!tsBtsBE56GG6iEEEEE6 =i=Eai;=gSiEEE3Hi3gEEiEEiEsEiEEEEEE3 ===2i2 EE' " SqtE -'qEE=H"iE - sccec< 3 e= t o 9 E,,,E E E E E E E E E g E E E E E E : E E = : E E E E E E E i,i,EE EEEEEEE*,HEEE**g*uIf rHg5eug-ss,rtutu BSHNX S T S E J B SBSBts ot ah d\ o\ { @ ! -.J p { (o or <h or .-J ot o @ o (o @ \r or (o o\ .-J ..1 \.1 oo'.J'-l Ed:j <j d 'j ao d o b o {,6 6 6 u, ao 6 6 |6 tr Ol u} 6 n 60 (, ^r Nr s \) ts O ts ti Q ()n i ! !j b 6 E 5 5 E o 6 6 tr o 6 qi 6 '.l' P t- r.r 6 o a l- ot (^ ts @ P q' B I E ftj |j dd < ; tr 6 }. F ; o 6 o E (, o o o - I ts o z oo'\r (h p I { - =E=EiEEEi==H;EiE=AEiEEEE=EEiEeiEEEEE ; -F- rgz2ni=EZ- uz rnnv v,-qqggzizi i= .-) I;E3aEgEE=*1aEa;;El;rl=El;IEu;lIara= z*, i ' e g =sP -{v 19NNNJNNNI!l\Jlw19,\Jl\Jt\Jl\Jl\JNNNNNN)l\, l\,, 19 19 N) NJ t9 l\, l\) 19 N) l\, t9 lv(Jn lJn ul t, lJl (n (,r (,r lrr lr! !r! !r! q! l,r u! r, l, rJl rJl (n (n (^ l,r l,r (, (, (n (, u! (,l (, t, (, (r vr qrNJPT\JNNT.'NT.'fufufufufufufufufuNNJ19 I\' N' nJN)AJ N) N) AJ NN N N) I\' \) \) IYgggggEEEEEBEggggggEBBEBggEEBBgEEBEEg6 { 6 - < (; i 6 G 6 l- n G 6 (, 5 a G E 6 E ! (, i.^, @ 5 ..J t, (r, @ 5 o { (,r (, \.1(D cj oi o p 60 o sr ! ai (!l N or ur l, (.r) @ D o fu at 5 !^, (o P ur (r! Nr @ a o qr 0t P'r (0S666o6troooo66o6oooOooooooooooooooooo oororqlqrql@@coo@co6(DaO\l\.J{oooPPovza\v6vmmlm-m0N>0>g =Hts=;=zvvzvz9nB9r9>9=2=2 s E s E s E E E S E S B S S S E E s E s E E E E E I _$ -S -q -S -$ -s 3 I 3 IEEEI:333gg5555BEBtststsB3888sts8tttstsEBBt EEEEEEEE,il!=i=Ei==iEiE11EiE1iE=iE=i r)o.)o.)6.)ono.)o.)or.lr)r1oooorl11oor)oooooQr1ooor-----I----------------------======= 22222 2 2222222222 z z z z 2 z z z z z z z z z = = z z z zi=======---========---a---I--I..---- -ttt -tt 't-at -1 , -tt1 -t/, -1 1-t a trt q -@ -tn iJ\ -t/t i, 'Jt t, ., t4 O 'r, 'n t vt in in it Vr t4 q\ q\ t, t, \, V)i; na (; i; i; in a; (n 6 aa;6 6 6 i; a;6 6 6 a 6 01 in t tJ' ti an 6 q q qqu\ ti t't ulm m ri t'l rrl m m m rn m fn rn ilr ti rn m rt r'1 m m m m m m m rn ni rrl E E E tr, 2 z z z zz z z zz 2 2 2 a 22zzzzzzzzz z z 2 z ? ? z z z z 3<3<=3<3<3<<3<3<<3=3<<33=======53=<<Z zZZZZ= z==- ===Z- - - 2 z z z z z z z 2 z z z z z z z z z (, (n (n L (^ ljr l, lr (n (, 9r l, u (^ lr! lrr t, ur ( tr !, (n (n ut i, (, ur l, (^ (Jl !, !T t' ur I ulJi G iri G rir A 'ir6 r.n r.n ta [ri 6 6 ii [n 6 A ta t'n trt ', ta rrt trt(n ui trt ur trt ur trt ( tn ur qr 6i ni Ui Ei 6i ii iJ 'ir !,r 6J (, i,i Ei 6j aJ d, a,r 6i ni (, u, r, ', (r) ur r, (D t! r, r^' ur rrr (, (r, u) q) ;j i r- l. l. |i r- t- l. Ir P tr |. P P P P P rr P P P rr P P P P ll H t e e! { .,J ..J ! \l ! \J -t ..t r '-r -J -l rl -r -J -l \t -l ..1 :J:.1 }Y: } }:} }}:} { I.5 '.6,b.b 6,b.b ,$ ,b 6 6 ,io ,b ,b 6 6 ,b O ,b 6 'b 6 6 6 6 6 t' q !i? 'it 6 tbG nGlir nn6 i,J ti l; 'ii vr (n L q! N) N ql N lrr t\,, N ut N) 9r Nr N) (, NJ N) (' Nr6i i\l 6ia i5 ia or r-i.j6ia66inorpoNro,.r\,sNsrrNrDP^Js ^JEi E Ai 6 6 5 6 bo G 6i E 6i 6i G 6 "r l 6i tr or -J 5 to trr to qr NJ ro qr tll (o N) SBBBBBBBBBBBgBBBBB$888B888888 E=EEE=E=gE=EE=i=EEgE=EggE$gEE =i ==i2 =2 2 rz = =2 =2 = i2 =z i i2 i i2 7 i N N AJ AJ AJ AJ NJ AJ NJ NJ AJ NJ AJ NJ AJ AJ AJ NJ NJ NJ N) NJ NJ N I\' I\,, iJ 19 AJ I\) N) N' N) NJ 19 IW(.,r (, r, vr (,r ur 91 l, r, r, i, r, l, lJl vr l, r, r, r, ( ( (, (n (n (n irr (,! qr (, (, (, (, (, (J1 vl trA) N N N N N N N N N N N N N N N N N N N N, N,, IW l\J AJ N) N AJ N N) 19 I\' I\' P AJ AJs3s3s88SSSSS8S8SS3888888888888888888oo o rr o 6 0 0 0 0 0 0 0 p o o p o 6 6 00 0 0000 0 00 0 0 0 p o oo o (, N o (.^, a ah \.J { (, o o N q) \.J N o rv (lt <lt (o 19 (t\ (o N or to (n 01 ot,\, ot { l! r.l(,t a (o (, ai (, 6 lo 5 0 6 p (4 (, { U) 5 ta (^ 5 r.^, (,/1 5 qi s (, (D ur -.J co ro Nr o P B oooooooooooooooooooooooooooooooooooooiaEIfi!*E!;'aEi=;gEl'*g;gII;=*aEIEEe- 6e E*B A 3E -{v 2 (hahahahahototolororclrclro\0rorooo\cr\otqrqrqrororqr0\oor(Jror0rorooro\&j 6 6 6 6 6 6 6 6 6 6 6 6 io io 6 6 6 6 6 6 O O ro 'o 'o re \9 @ 09 @ 99 @ 6 @ @< n < < < < n 6 or o (, (n (n G G Ltt rrr (, ^J N N N P P E O O O (o (o @ ro (o (g (r @d ^i tr d d d d 6i tr 6 6 E Nr l. p r- o 6 P t' o 6 r p o P a o { (^ u, }j o o ts rJ :=:3Ef gEEE===E=38=E36g3336gg33EEEEE3 =I I= = EE E i E=; Z=ZE=|=2=Z=EE= I E EE E==E=Ezzz=zA4==i=: i.ir>r, --p-tF-pEFBgsEgE?iE73pi?E 2 e==== 2 => >=2=2iiz====--zz'tz -- =r2== z z z zz zzzzz = 2 .) r) r,) a)r.)6r)r).).)6r)r).)r)r) 6 .) O O O .) ., r) r)r) r)r)r).)r)Or)r)r)Oi.--t--...----ti..--------rIEII.---- 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 222 2 z z z z z z z z z Z = 2 z z z ========---i=======---l---rI-I..-----q -tn i^ i., b it,.r,.n tn \. q -t' -q -tn 6 ttt -v\.^ t, \4 ,'r1 ggg8888AgA8AAAAv1 6 a^ nt tn q 6 q an v. vt vr vt t tntnaqqqqm m m in it1 m m rn m m m ft r"l rn m rn rn ln rn rn m m m m m m r',l m m m Et E2222 222222 222 222 2 2 a z z z z z z z z ? z z ? ? z z z z ZZ-Z = = = = = = = - - - z - - z z z 2 z z z z z z z z z z z z z z z ur l,r 9r (, (,r ur q! t, r, (^vr vrr, t, (,r q! ur (, (^ ur 9r q! (^ (n lJ! (, (r1 url,r(,!4!4 l, (' ur qr A G G A lrr tr U] (,Jr rrr rJr r,a 6 6 '!r! 'rrt tJn (]n lrr tr tl (r ( 9! (, (,l (r! vi lr ui (J! (n ul t,r ur ul (n nj U.i ni a,r 'jr as q, @ ', r, (r)Ui aj aj aj 6, (, ur r, (,u.)u,(,l, u, u, r, (D l,A, r, (, u', t! uJ u, (^r ;i ;i p p }J p |J }J i i p F tJ }J a p P A - P P P P rr P P ts P H H'i t P P P rr\J -l -l -J -.J \.1 \.1 ..1 -.r { \.1 { -J -J -t tl \.1 -.J { \.J {! ! {Y!:lf --J''l{}!\I\l \'J d,E -,5 -.4 -GG,,.',.4,5,5,5 -,5G.5.5' 66666,b,5,b O'b.btrtr E t. l-N,n')a---E T.JNEN NNNNTNJr.JT\,Nr q!(,'Ni;i; i5 ij i..r i\) i.,J ur 6 in i5 in 5qr6^J iaotJr.JoNNN, q\oro66 E i-. ia*rqrr-66Etr E66n orrr-ro\6!or(n ordr@ eeqqeqqsH$$Bss$$ssssggsEgggBBEBEEE$B-S ^j Fl d ddd 6i ':j 6G E ijtr E E 66 ij ;. 6 i5 i- r- o F P O \.r ( q, rr ooP r- iiEgtsEEE$iiiEilEiEEgEEEEEEEEEEggHgi2 2 2 a' eii77"' i' ? z= z iz i=2 ==2i=ii.zigzi N) N) 19 '\) N) AJ I\J I\J NJ NJ NJ N) N) N) N) N.| N' N AJ NJ NJ I\J tJ 19 AJ AJ N' N) N) i9 AJ I! I\J N) N) N)i, i, (^ (,r (^ ur (rr 'J arr (n (, (,r (,r (^ (^ (^ rJr rrr 9r rjr t! (, (n (rr (/r (,r !, !4 !n u' !4 !4 t (,1 (ri urP N N 'J N' AJ N fu N NJ N) P N) NJ N) N I\' NJ I\J NJ NJ N NJ AJ 19 NJ N) N) 19 19 IY I\ N \) I\J IY5 tt 6 o o i5 i5 i- 6 a- 6 o 6 6 o o o o 6 o o o o o o o o o o o o o o o o oN) N AJ N AJ 6 t.J NNJ.l\') F AJ N AJ AJ E I. NJl\) N). AJ NJ AJ I\) NJ 19 (r, AJ NJ N) iJ AJ AJ NJ5 6 ;j i5 i5 o i5 i5 o o F o o o o o o rJ o o o F o o l. o o o A |. I q o o o oF E i. F 6 E 6 E 6 - ;- 6 5 5'= E 6 nJ q! 6 6 N E <r t\r t. or { or N 5 { or 5 O 5in 6 @ b tr 6 ij ca. ur to ui E qr nr tr P o (,t O 6 ! qi (o lJ o qr @ N, ot I\r -J \I P (! o5666b6666oooo66oo6o66oooo6ooooooooooeel=E E E E H i I = i , I a E I ;i E E - E 3 I i a fr Ei I a E E E -=z \l ! \.J ! { { \, { { { { -J \t \t \t \.J \r .,.t ! g1 o o(n o qr ol or or o ot o q) or 6l o) o)33 s S 3 B B e g g g e I I 8 8 I 8 8 33 333 3 3 3 E E E E E E _s E Fia ij i5 i5 5 b' irr iI G i.. o 6 6 6 5 tr tr 6 6 !n a P P a o o o rn rj ts ts P o (o o\ u! iieEESti==EEEEEErEEilgEiEElIEEiFFiiiz z 6 z 74i"= 77i7i"= = = liii-= i,= 7 z= 7?!?= ?7= = = z,_--__,-zr-2 2 zz 22 2 zz z zz- zz o o r) r)r)or)o.)or)or)6or) r,) .) o r1 6 6 r) r) r) r) o o.).) o oa).)o oit -- - -r - -.- - - - j --i---:r-- - - - r r - - - r- -- 2 2 2 2 222 2222 2 222 2 z z 2 z z z z z z z z z z 1 1 1 z z z z =i==============----r--rrr--r-------'trt 'tt 'tt 't^ -tt in l, 'tt1 u1 t't 6't 'a'v\ ln'tn i!\ ih iJ1 t/t t, -t-t, arl i, in t tt1 ar1 tn vt \ tn tn t' a ull; l; i; i; i; ln a; a a,1 01 a; (; i; i;6 6 6 ii in 6 a t!1 t, t, 'n tn tjt trl t" tn q v\ "1 tn u\ aft fi fi ft fi ii m m m rn fi m m m m rn itr m m m rri m mrrrmmmmEEryr22222 2 2 2 2 2 22 2 2 2 2 2 z z z z 2 z z z z z z z ? ? ? 2 z z z 22===22= = = - = = = = -= - = 2 z z z z z z z z z z z z z z z z (, (, (n (,l ul (rt u! (n (^ ul (r (n ul (, (n qt (, tn (^ l,r ur tr ( ul (J! q! (/1 u1 l,' ul !4 !4 (' (Jl ur (n G G 6 U 6 6 ulrr tn rrr f,ri 6 6 6 ati 6 6 t.rt t, t.n ra tn ur trt ut u t.n trt tn t.n trt l, ur (, tn tn ni Ui di ai Ui 6i a,i an Q ur ai L; 6i Ui 6i 6i Ui ti 4., 6, u.l ur r, !,) u, ur qJ (, u' r.p ur (r' ur (D @ u) |l |- }J a p F r- rJ r- r. r- ii rJ r- p r- A p p p p ts |J P F H P H e H e F P lr ts P -r -J -l -.1 -J.-I .{ { \.1 .{>l\r{{\.1 {! { \.1 !\.J\J\.J{{{{\l{{\I\l{\I{!.i..i.idG'o,5,5G.i.5 -.6.i.t.t6,b,b,b,b.b !ae!ctq .b,btbJtrGE- - 6E--- n rrt r'JNI'rN,xr^JNN Nre"pNr ^r r\r r\')6inni6in i.r a,j ia in in in ia ii ll ia ui 6 tJ' r'J o ur NJF9t,^l Nrt,lluJ-6<ai, ta niiii6E r.5niDnoEP-rNo !uoFP otPo HHHHHEHHHHHHddddEdEBBggggBgEEgB$8999ia i: i5 i5 5 tr in Ln ij i- o b 6 6 E tr tr 6 6 (, n P )' P 6 6 6 (^ N) P r- t. o (o or ', EEEEE=EiFE=rEiiilEEIiEiEEiEi=EiEEiiiz z j2 747' 77i1-7 2 2 2 7i7?= i,= 7=?= 77i-i= 77= = = 2 =;= ==2== i=ii Z -z2 2 22 22 2 22 z zz zz AJNAJNAJNJNJNAJIgI\JNNJNJI\JNJI!I!'\JA)I!N)N)N)N)NAJNJNJNJN)I!AJAJI\JNl,r ur qr l,r ql (Jr qr (.'r qr qr qr q ( (, (, ( (, r, (, (n (, (, ur (n (,l r.,r 9r (^ (^ (^ l,r l,r l,r u! ( (,AJ NJ NJ NJ 19 I\) N IV I\) NJ 19 NJ A) A) I\J IV N) N) N) N) N' IV NJ AJ I\J NJ N) 19 N) AJ N NJ NJ N) I\) N)oooooo600000000000000000000000000000(. JNJNJq)N)I\)NNNJN)A)Nn)i9A.)N)N'AJNJNJ19A)I\JNJNJNJ19N)AJNJN]N)NNNI\J6tJ |JOpFj' |J}f<)|lor-ooooopooooooootso lJoooooQ oG o\ uJ ur ll ts i, p @(xl. l. cn 5 (. l\)6 F nJ (, l\J Li (ri 6 t. rr u) ( P e (! E (D t4 q, ts@(,01 \] N)(r9! 5 N)5 p( (,l Fc,r!(ogrlJ {O@N()c {(OUr P:lq,\9E C)C) qr qro o6 c, o o ooo6o o o o6o 6 6 o o o o o o o o o o oo o ooo o o EEI'=EiTEEEEHEEE,EiEEii'E*il=EE*i3Ii a -{vC --l \r \r { { { ! ! ! ! ..J \r ! \l ! ! ! \J ! \.J ! { { ! { { ! \l \J -J { ! !J \.J ! ! {o o o o o c, ci ci ci a o o o o o o o oo o o o o o o o o o oo oo ooo oESEEEEEEEEEBB:ETiSStSSSSESgEItIHBUUB =:e=ggEetetEE=t=rEEgEEErEE==EEtiEiEii I E i iini1-i?i?4?= ?=p= ?= ?= ?= = i= i= 7= 7= ?= 2zzzzzzzzzz r) .) n n r)6 r).)4)or) o6.)r) r) .) .) .) r] r) 6 .) r) r)r) r)r)r)0ata).)r)r) 6-E------...i.--i--------r-TIIIII---- 222222 z z zz2zz9zzzz z z z zz z z z z z z z z zzz z z ========ii-r a - - r - - - r - r - - - - - - 't!1 -tt ih irt in 'a l,rr'v| '@ q a -t -ttr - -t, -t, a, -a -t, -a b iJ1 t a t, a, ii vt t vt t,\ t/\ ttt vr v1 tti; ii ii 6 6 ( an an an an ar\ 6 (n < 6 6 6 t, v1 a 6 6 a, a t a i.6 th vt u\ t!\ t't ur v1 vtm ri m atl in m m m rn m m m m = m m m rn rn rrl rn rn m m m m m m m m E E m m rr,r rn = = ???? = = " " ? ? ? ;? " ? ? ? ? ? ? ? ? ? " ? ? ? " ? ? ? ? ? ? ===== Z - - 2 2 2-- tr - = = 2 z z z z zz z z z z z z 2 z z z z 2 qr (n tr. tn ra v! tr (, (, (/r ( (n rr, !o rr, u ur t.,! vt (, (r' (n trr t,. rr,' tn tr! tr' ra tr, tlr t.,, (, ta rJr ql 6 6 rJr l.n qr (,1 (,r (,r (.rr (, (, 6 (^'\) (n tr (, (^ (^'rt l.'r (n (^ ut (J! (r (r (r (Jr (, ul (,r (Jr rr (,1 (^ 6jrj!j6jiulJ|)u,tDr,!DuJdi!.jiadeO(r)@ur',(,u,u,(,Jl,urur(!lrJ(,r(r'u)l,qi(,.,u'r- r- l. r- a p r- r- |. }J t. p r- E lJ p i r. p p rr P P P P P lr F P P P P -r -r \l *r *l -l -J \ { *r -J -., -.1 (o -l *r {..1 ! { ..l Y { I I I Y Y I { } : } } } },b .b.b,ir,b 6 66 ,b .b 6,b6,b,b,b & rb66666 6tb6666E riElrtrn(, N91 6E NN,r.r(nNn N,) NNN)ulNrl,r l\JNJNT\,NN)6 [,r 5 'ir u, u, Nr sr [, ia ia i.^, ia ur in i.J l\J r.J l, qJ sr (! sr N u) N @ N', u'd <dnna (o-l <ii ia ir,o n,ein it @N^J!@-J @l!@q'roN) !{\r{..J.'J{!\l\.J{!.\lot!{'.J'.1 -.1 !J >l -.r -.1 { \.J { ! ! { -'J ! !l { -'J !!Jd dd dddddoocidd66d d d ci O o o ci 6oooo oo I I oo o I6 a6 6 6 6 < 6 6 6 (, 6 6 6 @ E E E 5 E E (a) l, (.l) (r) rx (t., u' u' ur la) t! N Nr N N N6 [ F F 6 d tr 5 l, p i 5 6 6 6 E tr 6 6 6 o o (,l'rr 5 N ]' }. o o o or ot (^ ur 5 3=gsgcEEEEFqFiEiFEiFiEiliiEEgilE!il= E E E E iiiii-ilil= ?= ?i= 7= 7= 7= = =?= i= ?= ?= ?=7-=-=====Z==- ; ;z - = = z z 7 - ;zzz2zzzzz2z n)NNNNNI\'IVI\,AJI\JNJNNJI\'1\) I\' I\' AJ NJ T\J N' IW IW N N N N N!? \?!!N'N IWN(, r, Ln cn r, ur (, Ln (^ rr (,irir(n(, l,i, lrr l, l, lJl (, (, lrr l, (, vl lJl ur (, (Jl l, (Jl (, (, (,Xi ii ii ii ii N.r r., N, N N N r! N N I\, N, fu fu fu tu N, N, N, N, p N N, N, N,, N, N, ie rr N N, N)i5 i5 5 5 i5 i5 i5 i5 6 i5 6 5 i5 i5 5 6 o o o o o o o o o o o o o o I I o o o oHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHEHgEEggEEEESEEESEESEgBEEEgEIEEsstEIdBIIEEiIE=IIiaia;giafi!1il!*EE=;iE;EEiEa = iei x z2a1;C t-{ ..,{!!..1 { r.l {..1 ..1 {!{{..l!{\.,1 \l\l \l { { { -.J { { { { { -'l -'l "l :J !r :J ^i i,i Fi ni ti Ni Ni Ni Ni N N, Ni Ni Ni Ni N, N, r\, re l\., re rj F l' P rr P P rr rJ P rJ P o o oin i! irr in u, irr @ N r..r r.r tr ij ij ij 6 6 6 6 6 6 e) t- t- t- P rr l. P o o o o o @ (o (D 5 6 E an iJ F o -r G i, F G [, i- < 6 6 E 6 - 6 i, i, 5 ao N, P o 6 tn t.ll P o P o o! r ! Tr 1, -o 1, ! ! ! t ! ! ! _9 ! ! ! ! !'9 !' ! ! ! ! !'lt rl ! ! ! ! !, ! l' zzzzzzzzzzzz: 3 3 : Zzzzzzzz= : 3 3 : 3 3 = 3 E E 3EEEESEEEEEEEEEE=EEE=EEXEEBBBBBBBB==Booooo.)oooo.,600e6aagg0aaQaagag9Qgg;i!i'i' i i-i,--------ll - - - v v v u v v v v v v v v v a zzv 6 .).-r a) o r) .) o .) rl .' n .) n n o r) rt ooo r)o o 6 .) o r) .) o r) n o r) r) .)i----r======:-==--..--.-----IEE---r- 222222222222 2 22 2222222 z2 zz z z 1 z z z z 2 z z =i==i==============--==--r--IIII----t^ tt tt tn t, vr v1 t vt v, v, in itl ii in i, -\ 'tn U\ @ ut i^ "r i'tt 'h 'tt t' in tn v' tn tn ut t tn urv, v, v, -rt, i;6 6 6 (; b 01 O\ ir'' 6 6 t, ,\ a^ t' ttl v1 t" tn tn vt t tn u\ ;i ;i ;i fi fi fi ft i"+' i"i fi fi ft ft i"i i'' rn tr E rn rn m m rn rn m m m m m m m m Fr :2 _2 i i ? _; -2 _2 _2 -2 -i ? ? ? ? ? ? z = ? ? ? " " ? ? ? ? ? ? ? ? ? ? ? ? 2 Z 2 z Z Z 2 = = z. = = Z. 2 z Z 2 = z = - - z z z 2 z z z z z 2 z z 2 (, (, ur (, (n (rr (, ul ur ur gl (, lJt lr! l, (^ ui (, (n lr! q! (Jl (,! (, (,l (,! vt( IJr 91 !4 !4 (, (^ Ur t,r ur ur (, ur |Jr (, u! rrr r.n tn,rt ii ;i ni66'ittilriC(n6(,st', (, ur (Jt ur ur tJr ui (.'! Ln ur ur(r, (, (, u, rr, u, u) ur w w r, uJ u, ur l, l, u, (x (, !f,f rr) iu ii (, ', @ (l, l''r (' ll, l.r, u) tr' u' q' l.^J }. p p p p p p rJ r- |-. r- r- a. rJ i P P P F Fr P i i. P P rr P P F P P P {{\r!{\r { \r '-r '.r -r ! ! lJ .-l -l -r { tr !"1 ! -tY:'lf :J} }:'t} l\I{! \'Jij,i -j -dG,b -d,i -dG,i -G - -,lo .b,b,b,b6666.brp,bppAAA a 555 55 55F 5 !E EE55E5555a(,!(J!5(n ut (^ (,r t, ur ,rt r.ti 6 Ol(,1qt (,r (,,l6 (n (,r th (, q! (' (n (Jr (,l (,! u' l.r, <tl njE6j Ui !oni: .EE EE!,r (, u,F P N) P ^J i l. NJ ^r N' '. ! \r 'h \r \.r \r \r ! { ! ! \t \t \J \.J'.J { ".J ! {'.J ! ! { }l \r \l -'l \J'{ "J ! .'J ! ! \J ! ! { r\r N) t9 19 t\r N, 19 Nr tJ r., N) Ni Ni Ni N N) N, N N) N rt'r rf rj rj l,j P PP rr F P P P <' O Ou, (, (, ^) r.r p p ii i: ii 5 6 6 i5 cr cr Q r- i' i- P P t. P o o O o o (o (o "<,t (, 5 rl, r! rr o { r.n r.^r r- G i,,r ;' n 6 6 E 6 F 6 o tn 5 Le i\J P o ot (, l, P o P o or Eaaa33333333333666EEEEEEEEEEEEEEEEEq>2>> Z 2222 2 2 =. 2 = Z Z 2 ZZ22zz zz z z z 112 z - - Z -r < --r -r -r i --r i ", = = i = -; = = = = = = = = = = = = = ; = = = = = E = =-EEEES=85=EEE=EEEEE=E=E==EEEBB66AAB3i6 6 .) .t .) .t r) .) .) r.) .,.t r) n .) .) a)n oato or) .) o 6 ., o r] O O Q e ; ; ev v - - v v - - * * a7--- - - - - v a 5 i i - v - v v 2 v v a zz F N.' NJ 19 NJ AJ NJ NJ N N) N) N) N) N) 19 N) }r' AJ 19 '9 I\J I\J I\J N) N N N) AJ N N)N N)N)NJl\JN)AJ(,!(r(n vr vr ur (n (, (^ (, ur (/1 (J'r(r(n(,r(,rl.Irqr9rl,rqrqr(,(,r(n(,(,(n(^U1 (/1 (JriJrl,(nN fu N fu fu fu N N N) N) N) N) 19 tJ AJ I\J N NJ AJ NJ NJ N NJ N N N N NJ N N \) I! N NJ AJ Noooooooooooooooooooooooooooooooooooo(, @'.rr'JJ (rJ r, @ (r) @ @ @ (,J (, (r, (, (r) qr (,lJ ur r.! (! p (! ul tp (, (^r i, (r) t! l4 q) @ (x uJ q)oooooooooooooooooooooooooooo9o0oooo96 or 6 6 6 ('t r- a ('r 6 P 6 P rr rr F rr Nr Nr @ N co N ! r\J r\r @ N) @ fJ (,c 14, @ NJ (D (arE tr < 6 6', o r- (^ 6 rJ or (n or oc (0 \J o ur a P -J 5 (o (n.{ 5 ur l\r @ ur Q P (O I\J 5oooooo600606000000000000000000000000!iE=iEgfi3[3gi1a3Ei3;i=[E;I;!aalEEEfi; =Ha E {{.{..1 !!\l{\.1 !.{..1 {rJ\l\J!-.J\J{\.1 {.,.J{{!{.{-.1 !{\.J ! !! ! u, tJJ (, (rJ (1, (, t\J t\J l\J N NJ ni N) t9 N) N, N) N NJ 19 NJ lv NJ N N, l\, I\J NJ N, N) l! l\J tJ tJ l\J N)P O O O O O (o (o (o (o @ (o (! 6 -.J { ! ! q) qr q,| Or Ol Or (^ (n (n lr (,t (^ llt + 5 5 } lni- 5 6 6 p 6 n l,r 5 @ p O (^ F ! l,r r.D }J (, jr ur (, p O { (,r 5 lrj re P O ! u1 l, ts \.1 ! ! _9 ! _9'n't t ! ! _9 !'9 _9 _O 1' r' ! ! ! ! _n -9'O ! ! _!,'t ! ! ! ! !'9 ! !666666666666OOOOOOOOOloooooooQ9ooooQZZ Z- z Z 2 2 2 2222zzzzzzzz 5 z z z z z z z z z z1-11 == === = = = = ==. -- - -===-i 2= = = = = = == --=--===-ESFEEEEEBBBBBBBBBBBB=BBBBBEBBBBB=BB rleeeaAOOo6eeeOorrorrrrrrCFOOQctOonoQgeo99- - - - - - - v v v v v v u v v v v v rt u v F v v v u v v u v 2 v i v uo r) .) .) .) .).)r) rt ooo r) r)arr) a) .) .) o 6 r) 6 o o 6r) r) r)6rt oo r)r) .l r)---}rr---=----.--.i--------.III-----22 2 2 2 2 2 2 2 2 2 2 2 2 2 2 z z z z z z z z z z z 1 2 z z z z z z z ================i-------r-rI-III----{r, -tn (h -tr art (rt ar,'ttt -v, tn a ar an'th -vt -tt -1, in -a q t, tt an t ah i, in a q 6 q q1 q ut t4 t,i;6666 6 (n (i (n 6 6 6 6 in in 6 6 ii t-/, a 6 6 b th ttt v1 U1 @ \ q q q u\ vl tr1 tnfi ft fi fi m m m m iri m m m m m rn m m m m rn m m m m m rrr m m E Ez ?? ???? z ? ? " ? ? ? " ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? =ZZZ 2 2 = = = = - - = = = z z z z z z z z z z z z z 2 z z z 2 z z z ( (rt (n (n t, r, !n (/l (,l (, (,! (, rjl (/1 (r1 lJr l,r (, (^ (, lrr qr qr (,l (, 9r (, (,l iJr (^ (', lal l' ( lJr ( G trr rr t.rr rr u1 L tn u rn ra 6 !r rrrra tn tn 'rr 9r (r ( (n tn 9! rrr lrl (r trr rll (rl i.rt (n utu1 qr tntj 6j 6i 6., a, a, 4,,) !,,) u,) r.^, u, !o !u u., t! @ @ (, ', @ (,r uJ (.r) uJ ui u) u, (, i.^, u) ix u) u) (' u' u, p io ; r- p p i P P rr P P P i P r. P P rr P P rr r. P P P P P P P P P Fr P P P -J -r ! -l -r..J..1 -,1 {.{{{tl*l-l-J-r!{!\l{!!{{{\.1 \l -J { \.1 !.\l!\I-G.a.i,EG -.b.'5,5 -..b -,5,5,5.t.5 .56do.b,b6,p.p ,bibOO,i, (,EEEEE 55E E 5EEEE EEtsEE555 |s555 56666G (^(,tLn G 66ana^(^ v, 14r.Durqrqr(n(,l (^vl(,(.rl, vr66666 s(r)| dj !FEED rxE(.'ls(,|5uJ (!sur55 ! \.1 .{..J ! ! \.1 \J \r { -.1 \J \.J {{\J {{{{>r{ >l{ ! {! \l { { "J'-J -'l \'l "'J ! ! t^i ui (r) (, t u, Nr Nr N N, r\) Nj Nr Nr t\J l\J I\J Nr N Nr r\J d Ni N) NJ N.) t! iJ l\J Ir |\') P iJ tJ 19 l\JE 6 6 6 6 6 i-o .o ro ro io ii ii ii < n n n in o in 6 6 ct in t;, tn u! r, ur (^ 5 5 5' u';- 6 6 6 tr 6 n rn E ur l- 6 G tr -i |Ji uj p -i E @ P P O -J qr 5 q, Nr P o { rrr (r, P -J E'r,'r, ! ! ! _9'o'o ! ! !'t'o ! ! ! ! ! ! ! (.) -E'o ! !'E _o E - = .! - - = =6566dd6666odd6666666O-OOOooooooooooo2 > 2 2 2 2 2 2 2 2 z Z Z - 2 2 2 2 2 a 2> z z z z z z z 11 Z z z z zj = = = = = = = = = = = = = = = = = = = f p = = = - - -'r < -t -'r -{ -r I -'r + 6 a 6 6 6 6 A'o 6 6 6 F, 6 e, at a 6 o o ir 6 ; 6 o rr n o 6 I I ? Q rt o')')o n r) r)r)r)or)oa)oo.)r)o o o 6 .) o o > r) n .)n o .) .)o .' r) .) o r) r)- - - - - - -v i i - i a - =- - i - - i i - - i i - i -,rrrrvvvvv7z N,N,l\, T\'N)AJNJI\'NNI.}IUA)A)N)N,N)PAJ19AJAJNJNI!I\'N'NJNNI\'AJNJNJNI\,irr G i, (n (, (, rlr ut r/r l, (, (, (, (, (^ 6 (r ir vr ur ur l, l, ur (, ur ur r, lrr !, 9! 9! (, lJl (n l,l\,Nt!pNr\rNfufufufun)lvNNrN)19rv19 l\, N lv NJ N, N N, N NJ w l!' 1\) l!pl\rvt\)i5 6 6 6 5 i5 i5 6 6 6 i5 i5 5 o 6 6 o o o o o o o o o o o o o o o I o o o o--EEEEE66'I 6rDt, Ni Nt, lr6Nr-'rraEo\)url, l, (, r\r Nr N, l, u,, u, u,SEBBBgEBEE6EBEB6iBBE6ESBSEBEBEEESSEEgEgEEaEEBBEtEBBEBEEtS6BEssEs6tEsBtBBi;iEEiiE;IEE*EIEEHE=I,;iHaEEEEEEEEEE d=_q-oz =r,.) 6 6 aa, aa 6 @ @ (,c (E @ F @ (p (p (,c CO ! ! { \.1 \J \l t'l \J ! { ! { "J ! >l >J ! { \'l ''J{sEssHsEEeHEsssErsxrsHgHEgHlHH$gtHHH :EEEEIiEeeeEeEEeEEgiAEieEeEee=iiiiiE u, ooo66 Ein3 o;3o oooe- 7o(, .1 .'rrrrro o i o-{Po oorto o ^., ll:t-i.i -{ 6 - 5- -{ -.t -.t -r , 8====E=Eiiii= =;==;HE iliiE H;;t',rii; ;;E ? EEE EiE 3 E E E EE E E E E E E =E AE E iE E E E F E E E E E fi = = = = = i z E = z = = = = = = 2 = = fr z E = = 2"= = = =_= 7i= = = v EE$gEiE;EEEEEEEEEEEUT reErerEEEEEEEaE F i F F i i e T F t ] ] ] y l'"'u i t : l.b l. * { \'J \'r \'r \r { \r (o .rr (o or .o ,. .o ro .o ro ..o .o ro @ s .o ..r656 6lbOtgOOa Es E .'- r\r rw ru E tr E E r- l, ri 6l.urn.) -'lsEF55S EE EBESSeEEEE H s Ee's tsssss o H:HEEe:HE:Egs:e3E:i8$EEEEEEEEiIEHHBd E:3:SiSgEEEFE?sFFa?EFseFsEFFEEeeEees 2 o EOO6 oo: oz e oo(,o- qqqcc qqd q q ccqc 19 19 N) N) AJ N AJ I\J NJ I\J AJ N NJ N NJ '\J 19 I! NJ N) NJ AJ NJ A) AJ NJ I\J N, NJ I\J I\J NJ I\J N' N N)(n (n (r! (n (n (n v! rJ! (^ (^ qr u! ul ur ( 6 (n u1 (n (,l lJr ur qi 9r (n ( ( (n lrr 9r (n (^ (^ ur (^ (,rT.JNNNI.J fufufu NJ N) I! ''J N NN NJ N) N) NJ NJ AJ A) AJ P N N I\) I\J NJ NJ 19 I\J N) NJ NJ NJ6 6 6 6 666 o o oo o o oo o o o o o o o o 01 o o o o o o o o oo oo6 ^r N 6 6 r..) O 6 O N O O a O O N) O O O e, r.J e, c) c) N O Q e) Q E' N Q N) O N' Nrot.6666666o66p66FrOOOO}.66tsPoOoooPoEol.EF r.J G 6 p rb F O F tD O |. O O l. o O p p @ O'r Nr u t.rr ur t\J u, N I q q, o N i, o@coor E ! aor6(n (oi 5 66rxp 6oNr-NJp(!)ur01 N@qr!q,q,+, +.El9ql6 o6 6 o o <) o o o o o O o o o o 6 o o o o o ts o o ooooo o o o o gEIl= ei=3*Ial!aafi[i!U!I!6EII*eiIEiE3 -;-t = -E =z'=i v (o (o (o (o (O (!' (O (O @ (o (o (o @ (o rO (o (o (9 \9 q) (o tO 6 @ @ aO @ (D @ @ @ @ (D (D (lc 5 5 5 5 ur tr E 5 ur (, G NJ NJ N) p P P O o o o o o ro ro @ (o @ (! \.1 "J \.J ! -.1 q\ o\tr666F6 tr6l.oop66l.ooN)'- P 66o9|@l.ol.o( PPoo Po'u r -o -o ! 'r, .t, tr ! a, -o -q ! rrn t ! ! ! z p ts = g L=== = S S = 3 = 3 3 ? E 3 ? EZi-??Z77Z77Zfl 3 3 [ 9 = "i i = it, i'i iu i'j E > i'i = t = ; =AE==E===E==E==E:==fi E=ilrtaf; f; f; rEf; EtEE-i -i -i -i -r -l -i -i -.1 -iI-i-r -i-9Ei++<:.i --r -{ -t- .) r) r) r)r) 6 .,.)r) .)r)r)a) r)r)a) .) n .1 r) O r) r) r) C r)r) .) .) O O O r) .) .) .).---t.-..i.-..--ii------:I.I-I-.-:E-- 2 2 2 2 2 2 2 2 2 ? 1 2 2 2 2 2 z z 2 z z = 1 1 ;114=1i4===4--I---I-----------I-I*---tt ar, (^ ar, b b'a -v\ -tJ. -t \n -1, -th 6 -v\ -t/t ah -tt ar' a, -t., in tr' t1s ir ir (, a vl q \a @ q tr t4i; 6 i; 6 6 i; (n 6 6 (n 6 (i ii 6 O; (n 6 q a o'' o't o't tn tn o @ ti t, th v\ q q ut ut vl afi tr ft fi fi rn m m rn rn m rn rn rfi m rn m m rn m m nr m m_- m m fi m m rn E? ? ? ? ? z z -2 ? ? ? ? ? ? ? ? ? " " " ? ? ? ? <? ? ? ? ? " ? ? ? " ? >==Z= = = = - - = = = = z -- - = = z z z zEz z z z z z z 2 z z z (^ (n (Jr (n (n (,r ur qr qr (, (, (n ur qr qr (n qr (^ 9r 9r (, (,l ( (J! ar(, (, (.'r (,' !, (^ !4 u! (,r ur qr GG66 ur ', r.n tlr ur (^ I.rr f; a;6in6t.rtt,tntnt.aGGt.lr Ei,9rtrr(^lrr (, (, (,r ('! (' (^ Ei 6i ni Ui A, 'i|I ur @ !.r '.l) a^; 6i ni n, ai 6i 6r ur u, u, rr eJ u, E r.^) (, (r) u, lJ) @ !{ (,/J ur (}J u) lJ tr p F p l. lJ tr r- |. l. i i tr p p p 13 P P P P lr P P lJ P ts P P l. F rj Fr r. \J -t -l -l -r *l rl \t -] -] rl rr { ! -l -l tl \| -r -r ! r.J !'J { { '-J \l \.1 >l'.1 { { ".1 \lGG,iGGG.t -,5G.t,5,5,5,5,5.5,5,5 666'b'b'b!'bQ'b'e\e;nE6656 6566E6i;E6rrql'nl-5 PPP@5rlr5 5|6i;E6iliE,b (oir,b6E6(oI;(t,(o1o (ooN ooo(r)!!9nr N) N)66<6-<6 6!66{66!co@@ 6No N.)NNrur(oNrF (oF }JCO@(bao(o()c('c(E@@()oo(.,(o66A{{{{q\O1Pa6AOOPPOOPO\=== = B B = B = 3 3ONNNN2ZNZNZZZ'E'o !'E --l -.1 !--l'o l-{,,lr==m=m!--;aueaBBBBaBB =6Oart-tZZOZOZZ--l++-{ --{ --{ (o (o (o (o (o (o (o (o @ (o (o (o (0 (o (o ro (D \0 \9 !!) (o I5 ot ot ot (^ (^ E 5 uJ r,J'J.) N a N) P lj P o o o Q o gtr o66Po FOrrooPc)OPooN P P ooo 't, i,'r,'r,'D !'0'9'q'0'9 ! ! ! !'E ! ! Z _0'E ZFi;^.F ?'imma1 firnm6.1rtim<zz=3========77=;;3: = L -<i;<<;<<3t<<;<3t===gE=S =-, 6 2 = = 2 = = = 2 = = 2 = = ? Z Z = fr ? = rt; 9 z ; ; z.i.i.i z.i ; z ; ;z ri ri o o z o o--r I --l + --{ -.1 --l --l --{ --{ -r --r --r "r i - AJ NJ NJ N N I\' I! I\.I N' N NJ Nrrt l, r, (n ur (^ (^ ur ui l,r l,r (,NNJNNNI\'N'NNNJNJI\)ooooooooooooI\J O NJ I\J N' I\' I\' q' UJ NJ N N.'ooPPPoPootsorf{ (, ot (,t or (o o q! (^ u, (0 r,(hoPNurt (oo(o0!rrooooooooooooEEE=EteEEEE==q=aa22?3E08= 2 'az ;=EED 1 z o*s=Fm m,t dr(oP(o(o(o@(o@(o(oroi.trPo(o(o(oNr@(!(p@o\{o6rr}Joc)rrHoorr -2Pnrt.tt'D!!r!,? E 3 9 9999 9 s 9 s>o?i====={=E{E;BBBBBxTN= E E !;;i;;;3; A--lz z rrr,(ororo(o(o(o(oro(oata\r\(o(o(o@@@@@orrJourl,^rPooP PPPooroo!r!, Y v v 9 9922I E I ERI?X===>=={==66i 6>>>:>>=>=onoo>r)r)=r)--:::;;;6);o zzz=zzaza IJ\ z t1 .)@6r1.1.)..)0111111--c--------Izzzzzz4zzzzz--(4-t-a---I- irr iA P llt \tl lrl - ttt ltl l, l l,art t \ '- lrt lJ\ lt't <. t r ut l,rl l, litnfnmrntnan-rr1mmmFr?"i""";"????B<=s<3$<3<33ZZsZZZ=ZZZZZ{, ur lri Ln r,n u ? u l, rJl (, (, ar! t,r 9, (,r Ur l, rO (, l, (rt l, l,rr, rr, rl tr, rl, u, (n l, u) l, (, (, PPT\JlJPPIIII{ r.t -.1 -.1 r.l ot -.1 ! ! { {5 'b i 'b,b ,b(^r5555NrrAA55 l,or 6 ! O@ (o PLANNING COMMISSION STAFF REPORT Tuesday, July 7, 2020 Subject Approval of Planning Commission Minutes dated June 16, 2020 Section APPROVAL OF MINUTES Item No: C.1. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION: The City of Chanhassen Planning Commission recommends approval of the minutes from its June 16, 2020 meeting. ATTACHMENTS: Planning Commission Summary Minutes dated June 16, 2020 Planning Commission Verbatim Minutes dated June 16, 2020 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JUNE 16, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steven Weick, Michael McGonagill, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven MEMBERS ABSENT: Mark Randall STAFF PRESENT: Bob Generous, Senior Planner; MacKenzie Walters, Associate Planner; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; and Jean Steckling, Sr. Admin Support PUBLIC HEARING: CONSIDER A REQUEST FOR VARIANCES TO PERMIT CONSTRUCTION OF A BUILDING ON AN OUTLOT AND FROM THE STANDARDS GOVERNING WATER- ORIENTED STRUCTURES AT 3920 WHITE OAK LANE. MacKenzie Walters presented the staff report on this item. Commissioner McGonagill asked for clarification of what staff is recommending. Commissioner Reeder expressed concern with allowing a second accessory structure on the waterfront. The applicants, Chad and Lindsey Lundeen explained their need and desire for this storage shed down by the waterfront. Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. After comments and discussion amongst commission members the following motion was made. McGonagill moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, known as the WOAS, and approves the variance request to exceed the 250 square foot water oriented accessory structure limit by 90 square feet, subject to the conditions of approval and directs staff to write Findings of Fact and Decision supporting this action. 1. No trees, shrubs or native vegetation shall be allowed to be cleared for the grading or construction of the building. 2. The applicant must apply for and receive a zoning permit. 3. The installation of a shed shall not encroach into any recorded drainage and utility easement associated with the outlot. 4. The combined area of both water oriented accessory structures may exceed the 250 square feet by 90 square feet. Commissioners McGonagill, Von Oven and Skistad voted in favor; Commissioners Reeder, Noyes and Weick opposed. The motion failed with a tie vote of 3 to 3. Chairman Weick explained to the applicants that this item will go in front of the City Council at their July 13th meeting. APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary Minutes of the Planning Commission meeting dated June 2, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. CITY COUNCIL ACTION UPDATE. Bob Generous provided the City Council action update from the June 8, 2020 council meeting and reviewed upcoming agenda items for the Planning Commission. Commissioner Skistad moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:00 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 16, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steven Weick, Michael McGonagill, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven MEMBERS ABSENT: Mark Randall STAFF PRESENT: Bob Generous, Senior Planner; MacKenzie Walters, Associate Planner; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; and Jean Steckling, St. Admin Support Weick: Tonight we have one item on our agenda for public review. Just going over, I think we’re getting good at this Zoom meeting but we’ll go over the guidelines just real quickly. Again we are in a Zoom meeting. I’m assuming we have a quorum with the commissioners. I thought I heard at least 4 voices. Four unique voices on there but please be patient with us as we work through any possible technical difficulties. And a reminder to our commission members who are on the Zoom call please do not hold side chats, text messages or discussions that are not open and public. All of our discussions need to be public and for the record. Tonight as I mentioned we have one item. Staff will present the item and then we’ll do an open forum for comments from the Planning Commission. I don’t think we don’t need to have roll call in that instance. We’ll just open it up and people can ask questions as they need to. Then we’ll have the applicant make a presentation or comments if they would like and then we’ll follow the same format. We’ll open up for questions or comments from the commission. We will have a public hearing. We did not receive any emails I do not believe but if we do they will be summarized on the record. We will open up for telephone calls if anyone wants to call in and we will open the chamber for public comment as well. During the public hearing we will again have an opportunity for the commissioners to make comments or ask questions at that time we can entertain a motion and take a roll call vote. PUBLIC HEARING: CONSIDER A REQUEST FOR VARIANCES TO PERMIT CONSTRUCTION OF A BUILDING ON AN OUTLOT AND FROM THE STANDARDS GOVERNING WATER- ORIENTED STRUCTURES AT 3920 WHITE OAK LANE. Weick: This evening as I mentioned we have one item on the agenda. It is a request for several variances to permit the construction of a building on an outlot. It is a water oriented structure at 3920 White Oak Lane. Walters: Apologies we did receive one email. Chanhassen Planning Commission – June 16, 2020 2 Weick: Okay. Walters: It may not have made it into the packet and if so I apologize but it was from the neighbor just saying that she supported the variance request. Weick: Supported the variance request. Walters: Yes. Weick: Got it. So we’ll be sure that that will be part of the record. Walters: Yep. Weick: Thank you. Walters: So again this is our Planning Case 2020-08. 3920 White Oak Lane variance. They’re requesting a variance to permit a building to be constructed on an outlot. A variance for a second water oriented accessory structure and a variance to exceed the 250 square foot maximum water oriented accessory structure size limit. So a little bit about the location. It’s a bit of an odd lot as there’s one parcel here and then a second parcel separated by Minnewashta Parkway. The area is zoned Residential Single Family. It’s within the shoreland management overlay district. This district requires a 15,000 square foot lot area, 20,000 square feet if the lot is riparian. Has 30 foot front and rear setbacks., 75 foot lake setback, 10 foot side yard setbacks, 25 percent lot cover. Per city ordinance outlots are not allowed to have buildings and per the City’s water oriented structure limit riparian properties are allowed one structure within the 75 foot lake setback. The structure cannot exceed 250 square feet. Has a maximum 10 foot height. Must be setback 10 feet from the ordinary high water level and 10 feet from the side lot lines and it should be designed to reduce visibility from the lake. So this site, the main lot is 23,958 square feet. Staff estimated at around 24.65 percent lot cover. It appears to meet all applicable sections of the City’s zoning code. The outlot is 5,662 square feet. Has an estimated 4.6 percent lot cover. It currently has a 260 square foot patio and fire pit which would exceed the maximum water oriented structure limit by 10 feet. As was noted in the report staff believes this was probably built before we required permits for patios. So the applicant is proposing to add an 8 by 10 shed for their water oriented structure on the outlot. The applicant’s justification is when the subdivision was platted it was the stated intent for the outlots to provide lake access for the attached main lot so Lot 1 was attached to Outlot A and Lot 2 had Outlot B attached. So they view their request as asking for the same rights that other riparian property owners would enjoy namely the water oriented accessory structure ordinance. They’ve noted that they have 3 children and it’s somewhat dangerous to haul equipment over a busy road. They’ve noted that the proposed shed location is screened from view by the lake by vegetation and that the proposed location would meet the 10 foot front and 10 foot ordinary high water level setback. They’ve mentioned that the patio was constructed by the previous homeowners so they are requesting to Chanhassen Planning Commission – June 16, 2020 3 be allowed to have a 80 square foot shed to store belongings and other water oriented equipment down by the lake. So staff reviewed the proposal. I made a little chart of the 3 variances being allowed and staff’s recommendation on what the city code allows. Staff believes that permitting the shed to be constructed on the outlot is in line with the subdivision’s intent in creating the outlot. The subdivision establishes as an outlot for the goal of preventing it from being sold off separate from the main lot and someone coming in later trying to build a single family home on it. Allowing a variance for a water oriented shed to be constructed would not in any way undermine those protections. Staff believes that allowing the applicant to place the structure near the property line instead of on or attached to the patio is consistent with the intent of the water oriented accessory structure because it would serve to screen it’s view from the lake more. Staff however feels that allowing the applicant to exceed the 250 square foot accessory structure maximum size would allow the applicant rights in excess of what other property owners enjoyed. We don’t believe that there’s anything unique about the property that necessitates a larger water oriented structure and we recommend that they be required to work within the 250 maximum square footage that is established by ordinance. So staff’s recommendation would be to grant the requested variances to build on an outlot and to have a second water oriented structure. However staff would recommend denying the requested variance to exceed the 250 square foot accessory structure size limit. With that I’d be happy to answer any questions. Weick: Thank you MacKenzie and we will open it for commissioner questions at this time. McGonagill: So MacKenzie so when you say when you, pretty clear. Thanks for the report. It lays it out like the maps and the chart but if I could cut to the chase what you’re really saying is that they could put the shed up but they would have to demolish part of the patio in order to get under the 250? Walters: That is staff’s recommendation yes. McGonagill: Okay. And what if that patio, the patio currently is an impermeable patio? It’s impermeable surface? Walters: Yeah within the shoreland overlay district the city code treats paver and non-paver patios the same. We consider them all to be lot cover but yeah it’s current construction would be impervious surface. McGonagill: Okay so if they were to replace it with a permeable surface that doesn’t get rid of the issue? Walters: No it would still be considered to be a structure and the cumulative size would still be over the 250 square foot limit. Chanhassen Planning Commission – June 16, 2020 4 McGonagill: Okay and like you said in your write up, you know you couldn’t find from your aerial photography and everything that this was built prior to 2007 you said before permits were required for this? Walters: I can determine that it was not present before 2005 and was present after 2008. The requirement for patios to receive permits went in 2007. Staff’s practice has generally been to give benefit of the doubt in these situations. McGonagill: Okay. Alright thank you MacKenzie. Reeder: Mr. Chairman? Weick: Yes please. Hello Mr. Reeder. Reeder: My question is how often have we allowed the second, where you call structure in their shoreline 75 feet? Walters: Senior Planner Generous can you remember an instance? Generous: I don’t remember. We have had people that have built like a patio adjacent to their shed at the 250 square foot but we considered it one structure. Walters: Typically what we see is folks as Mr. Generous mentioned will add the patio as like an off shoot for the building. In this case because the patio was constructed you know by the previous occupants of the home in a position that doesn’t necessarily make as much sense for a storage structure, that’s what kind of engendered this variance request. Reeder: Okay my concern is that we’re setting a huge precedent by allowing people to have two structures on the lakeshore. The whole purpose of the ordinance which I think is very liberal to start with compared to most other cities is that we don’t want a lot of stuff on the waterfront. We’re trying to preserve it to look like a natural lake the way they were created so I have a problem with the second structure. I also agree with staff on not allowing more lot coverage than what is permitted by ordinance. Both of those seem like slippery slopes to me and I’m not sure I can support them. Weick: Thank you Commissioner Reeder. Other comments? Noyes: Yeah Commissioner Noyes here. If there wasn’t the current patio and the applicant was coming forward with an 8 by10 shed and a 160 square foot patio that was adjacent to that shed would that meet the requirements? And would we allow that? Walters: They would still need a variance to build on the outlot but assuming my quick math is right that shed and patio would be under 250 square feet and it would meet ordinance. Chanhassen Planning Commission – June 16, 2020 5 Noyes: Even though they’re two different types of structures, meaning a patio and a shed we would consider it one location. One building or whatever and it would be okay from that perspective. It wouldn’t be considered two distinct buildings. Walters: Yes that’s been staff’s position on those type of requests historically. Weick: Thank you Commissioner Noyes. Other comments from you or other commissioners at this point for staff. Hearing none, at this time I would invite the applicants to come forward and make a presentation or make comments. You can certainly answer some of the questions that have already come up and I’m sure people will have some more as well but welcome and thank you and I would ask as you noticed there’s plastic over that. Just speak up really loud. Like louder than you might because it’s hard to hear. It’s hard to pick up. Chad Lundeen: Well first of all thank you for your time. Weick: Welcome. Chad Lundeen: And consideration in this matter. Chad and Lindsey Lundeen and I think MacKenzie probably. Reeder: Mr. Chairman I can’t hear. Weick: Yeah just lean in closer if you can yeah. Chad Lundeen: Okay touch this. So just saying thank you for your time and consideration in this matter. Chad and Lindsey Lundeen and I was just going to say that I think MacKenzie gave a pretty good summary of our request and the reasons for those requests so I’ll just briefly summarize that. I think the biggest reason that we want to ask for this is just to have a safety of crossing the parkway and we’ve got little kids and carrying paddleboards and. Lindsey Lundeen: Kayaks. Chad Lundeen: Kayaks and that sort of thing. Lindsey Lundeen: Water skis. Chad Lundeen: With the vehicles zooming by is not safe. Secondly we want to make sure we can secure those items. Right now if we leave those down by the water overnight. We’re in close proximity to the public beach and there’s people there within eye sight of that and can see us, leave that there could be a safety or a security concern. And then really just kind of a shed would help us hide and keep some of that look of junk and things laying there out of sight and may look a little cleaner. And then really just the convenience too of not carrying those items Chanhassen Planning Commission – June 16, 2020 6 you know from the garage down to the water every time you use them. So for those reasons we think that would be justified. Secondly to speak to the square footage piece. We covered that pretty well too. There’s we estimated like 260 previously. It was there when we purchased it a little over a year ago. A year and 2 days we closed on the place and we just think it would be a shame to demo or tear up you know a nice looking paver stones around a fire pit and patio stone. What I think we’ve established there’s probably a legitimate need for some type of storage shed on that piece and my question was going to be if paver stones actually count towards the square footage. I think that was the first question that was asked and sounds like they do. Weick: They do. Chad Lundeen: I had a neighbor that was telling me I don’t think those actually count. You should make sure you ask so. Weick: Great. Chad Lundeen: With that I guess any questions for us? Weick: I had one and it just, I blanked on it so. I know I will. I guess I’ll open it up then for our commissioners in the call to ask questions of our applicants. Reeder: Mr. Chairman, Commissioner Reeder. Do you now have, don’t you now have all that stuff stored on your property? I happened…your property the other day and noticed that it was there now and my second part of the question is, have you had any problems with that? Lindsey Lundeen: Yes and no. It depends how lazy we’re feeling. A lot of times we will just leave it kind of off to the side. If you saw like a kayak and a paddleboard that would be kind of right where we would want the shed. Sometimes we’ll keep it in our boat. About half the time we’ll bring it back up to our garage. It just kind of depends on honestly sheer laziness and how much we want to bring it all up or how much we’re like well let’s just risk it. We have not had any theft issues. However I will say we are two docks down from the public beach and within the last week I’ve seen two people on our neighbor’s dock just sitting on their bench. Our neighbors are not in town. We know their family. It’s not their family and just today we had kids, about 5 or 6 I would say late middle school aged boys jumping off the raft right in front of our dock and it was like that’s clearly our property so we definitely I think just due to location have people who are, and there’s a sidewalk right there and a lot of people. I run that route. You know we have put a sign up from the Minnewashta Parkway just saying like the Lundeen’s just so people, like a nicer way of saying like this is private property. Please don’t walk down our steps but we don’t really have anything there so there are certainly people who just kind of take liberties on their walk to come take a rest. I’ve never seen it on our dock but like we’re just on our beach watching people sit there with their dog going that’s a private dock. So no theft yet but you know to Chad’s point, if they’re at our neighbor’s dock or they’re at our jumping off raft right in front of our dock they’re certainly seeing that there’s a $1,000 paddleboard, $600 kayak, Chanhassen Planning Commission – June 16, 2020 7 water skis, life jackets, all those things that would be very easy to take and we’re you know across the street from that property so it’s not like we could just hear them in our back yard like some other people on the property. You know if you’re close. We’re quite a ways away. There is a flood light that would go on but the chances of us seeing that from our bedroom across the street is slim to none. Chad Lundeen: And in the winter months when there’s no leaf cover you know we can see down towards there. As soon as the greenery blooms then we can’t see the dock or any of that so the other thing is there’s construction going on in the parkway right now which is going to be a while so as those crews are starting to work and move there’s just people standing and kind of looking down in. You know if there’s valuable items there, not saying that that’s what they would take but you’d hate to see that happen. Lindsey Lundeen: Yeah we’d like to think everyone’s good but. Weick: Okay thank you. Commissioner Reeder, other questions or follow up? Reeder: I do not at this time. Weick: Okay. Any other questions for our applicants? Von Oven: Ah yeah Commissioner Von Oven here. If we were to vote along with staff’s recommendations. So allowing the shed. Allowing two buildings as well as, whatever it’s called but you did have to remove some or all of the patio, have you thought through what you would want to do? Is there a primary sort of, if this is the way that this goes this is what we would do? Chad Lundeen: Yeah good question. We were thinking the fire pit looks to be able 80 square feet, maybe a little larger but that would probably be the easiest to remove those paver stones versus the patio blocks that are neatly put together. So that was going to be a question that I would have for you all and then another question that I would have would be if we decided you know playing the math game of figuring out if we could remove this section but it wasn’t quite 90 square feet could we go with an 8 by 6 instead for the shed or is it, you know we’ve requested 8 by 10. It has to be 8 or 10, yes or no? I don’t know how that works. Von Oven: So actually that means we have the same question because I would like to know who manages that process and tells you what is and is not allowed based on those I’ll call it negotiations or measurement changes. Weick: I guess MacKenzie. Walters: Yeah to jump in. So the way staff structured the variance is that it would allow them to build a second structure and it would allow them to build on the outlot. It would also require them to meet the 250 square foot. Just like what would happen if there was no variance they Chanhassen Planning Commission – June 16, 2020 8 would apply for a permit and I would look it over and if the total met the setbacks and the 250 square foot I could issue the permit. Be that through using a 6 by 10 shed or if they decided oh you know we’d actually rather get rid of the patio entirely and have a 250 square foot shed, that would in theory you know meet code and meet the variance provisions you gave them so they would have flexibility in how to arrange that 250 square feet on their property. And that’d be done administratively during the permitting process. Chad Lundeen: Okay that’s helpful, thanks. Von Oven: No further questions from me. Weick: Great thank you. Skistad: I do have a question. Weick: Wonderful. Hello Commissioner Skistad. Skistad: I’m wondering if you thought about, you know how they have the metal, I don’t know what they’re called so I guess they’re sort of metal docks at Lake Ann. Is that something that could be allowed for them to secure their kayak and their paddleboard for instance? Could they put that, something like that out? Weick: Instead of a shed? Skistad: Just as another option. As another idea. I mean is that, I don’t know if that, I know that, I understand it doesn’t meet their need but I just was curious as to whether or not that that sort of structure was allowed being it’s pretty minimal. Walters: I guess I’m not 100 percent certain, I don’t have a good visual of what you’re referring to. If it was like a locker system that was integral to the dock, then it wouldn’t be considered a building. The issue is anything that would be considered a building is going to trigger the no building on an outlot provision. And anything anchored to the ground technically under our ordinance is a structure so I think unless it was something like a storage locker on the dock I think it’s likely to run into the same problem. Skistad: So that’s interesting. So they could have a storage locker attached to the dock? That was like a free floating dock. Weick: Like a bin, is that what you’re saying? There’d be like a bin on the dock? Walters: Assuming like you know there was like a, I don’t know say 2 foot by 4 foot wide chest for life jackets that was bolted to the dock. But I don’t see how that would meet the need they’re suggesting just in terms of the dimensions of like a paddleboard or what not. Chanhassen Planning Commission – June 16, 2020 9 McGonagill: Mr. Chairman could I ask questions to that? Weick: Please do. McGonagill: Is there any, this thought occurred to me. I’m just wondering about storage on these I think buildings. Are there any restrictions on what can go in them? For example can an applicant, someone has one, can they store gasoline in there? Oil and stuff or is it just limited to water toys and things like that or is the language silent on that? I’m coming from this of water quality. Walters: Language is silent to my knowledge. We don’t specify what use the accessory structure can be put to. They say that it can’t have running water or sanitary facilities ran down to it. McGonagill: Okay but there’s no other restrictions to it other than like for example you don’t have to have a drip pan or anything like that under your gas cans or you know to protect the water quality. I’m familiar with those things. I’ve done it myself but not in these cases. Walters: There is nothing like that present in the city code. McGonagill: Okay so it’s a moot issue here thank you. Weick: Thanks Commissioner McGonagill. Any other questions for our applicants? Reeder: Mr. Chairman one more question. If they put a storage box of some kind on their patio would that be considered a building? Walters: So again because if it’s anchored to the ground it’s going to trigger the structure requirement. Anything substantive enough to meet the requested need would be considered a structure. However we’re you know a shed or a large storage box anchored to the patio, it would negate the need for a second water oriented accessory structure variance and it would negate the need for the 250 square foot variance because it’d be on the patio which is existing lot area. Weick: But then you’d lose the patio. Walters: You would lose the patio area yes. Lindsey Lundeen: Well and I would also just add on that because we did talk about that but that would be a bit more of an eye sore if I’m being frank because our patio, it’s very beautifully done. It wasn’t done by us but it’s just kind of right in the center. And so now you’d have a giant, you know our thought is you’d, our thought is you’d barely see the shed where we kind of want to put it. If you put it on that patio it’s like oh there’s a shed. Hidden by those Adirondack Chanhassen Planning Commission – June 16, 2020 10 chairs so I mean we talked about that but if you’re talking about like the look of the property that’s, we both grew up on lakes. That’s super important to us too in kind of preserving, you know you want it to look nice as people are driving by on a lake or driving, like again you can see it from the beach so I do think it would kind of negate the look. I mean you’d just see the shed as you drove past our property whereas I really don’t think unless you’re looking you’d see it how we would want it tucked back. Weick: Did that answer your question Commissioner Reeder? Reeder: It does. Weick: Okay. Anyone else? It’s a good conversation. I wait a little longer than normal MacKenzie to get people a chance to hit their mute button and video button and everything else but I think we’re good. I appreciate if you had any last comments that’s fine but we appreciate you coming forward and giving your perspective. Chad Lundeen: Sure, thank you very much. Weick: Great. With that I will open the public hearing portion of tonight’s matter. The number has been up on the screen. 952-227-1100 and I don’t believe. Generous: We don’t have any. Weick: The line is not lighting up over there by Mr. Generous. No calls, okay. No calls. We did mention we had an email. That will be in the record. It was in favor of the variances from a neighbor and there is no one in chambers coming forward so with that I will close the public hearing portion of tonight’s matter and ask for discussion from the Planning Commission. I will, I’ll open with just a couple thoughts. Just some things that might have, that stand out for me. You know I’m sensitive to the folks in Chanhassen that have those split properties. You know it’s intentionally split like that. I really think, I am sensitive to you know just pulling everything. You know a lawnmower. Kayak. Whatever it might be. If there’s any of those type of things that can be safely stored in a hidden manner on someone’s property I think that’s a great idea and then I believe there’s also children involved and probably friends of children as well and you just, I can only imagine it’s pretty stressful to have people running back and forth so I think anything we can do to help alleviate that stress would be really beneficial. It’s a beautiful property. They were kind enough to, I don’t know if everybody looked but there were several pictures provided of the area. They good a good sense of the space that we’re talking about. I thought those were really good pictures so I’m especially interested in our commissioners comments and thoughts on the third variance which is the need to fit within the 250 square feet. And I’m just interested to hear what your thoughts are on that and how you’d like to move forward so I’ll open it up for other commissioner comments as well. McGonagill: Well Mr. Chairman I’ll go ahead if you’d like. Chanhassen Planning Commission – June 16, 2020 11 Weick: Thank you. McGonagill: I can tell you how I would, I just want to say how…pretty well looked at it and I’ll tell you, take you through my logic of why. When I look at the proposed motion I agree that the variance to permit an out building to be constructed should be approved. The reason being is solely like yourself. It’s a safety issue and also, and I have a boat on Minnetonka. I’ve seen this stuff all the time so it’s, I get that but I appreciate the fact they want to do that. Same thing I appreciate the fact of where they’re trying to site the building. They’re trying to hide it and if they were going to put it in the middle of the lot I’d have a lot more heartburn but I don’t. It’s over on the side behind trees. It won’t be seen so I would also, so I’m in favor of the building. I’m in favor of the variance for a second water oriented structure but I would also approve the variance request for 250 square feet. I’m against denying this. I would leave and I’ll tell you why and how I got there. When I look at page 5 of the staff report and you know when I, okay this is where I’m going. A lot of it may be flawed and I appreciate MacKenzie laying all this out. They always do a great job of saying this is the way the rules are and I’m a real one for stickler for the rules always. But in this case what I see is the variance, the rule for 250 square feet is, and Bob, Commissioner Reeder said it well. We’re trying to keep the beauty of the lake pure. We’re trying to keep it where it looks like, it looks natural. I agree with that. So I look at the lot and I say okay I’m on the dock. I see where they’re going to put the building. Okay it’s hidden. That’s great. I look over here where the patio is, really all I see is the chairs. I don’t see the patio. All I see is the rock wall behind it and oh by the way I can see their house up the hill so I understand why they want it because I wouldn’t want to carry all that stuff down there myself. But it’s not like you know and there’s only 4.9 percent of lot cover on the lot so I don’t think it’s a water quality issue and to me it’s not an optical issue. You know I’m looking, I can see the rock wall. I can’t see the patio. I can’t see, now if they were in here and want to put a gazebo or something on that patio I’d have an issue but I don’t. It’s like I realize it’s a deviation from the variance. I realize that deal but to me it was built before the permits were required. They’ve been good about working with the City to kind of go through it. It’s not impacting the beauty of the lake or the view. So I look at that and go yeah, it’d be nice if they had permitted up front…but they didn’t. It’s not their fault and I’m inclined to approve all 3. So that’s my thoughts Mr. Chairman. Weick: Thank you Commissioner McGonagill. Von Oven: Commissioner McGonagill this is Commissioner Von Oven. I think for the most part you and I are sharing the same brain tonight because you basically noted a ton of the things that, I entered this conversation. I entered this meeting feeling as thought this was not a variance to approve because I absolutely do not want to set a precedent and have a flood of people trying to get two buildings and you know massive square feet on the shoreline. I’m absolutely with you on all of the things that you noted that I feel in the future if someone were to come with another variance, unless it met all of those things I would feel confident holding the same standards to approve this one and not to approve a future one. What I would stress I guess is, I also keyed in Chanhassen Planning Commission – June 16, 2020 12 on the picture as if you’re standing on the dock and totally and completely agree right. You’re looking at that and you’re like alright I get the intent. I get the rules but I can’t see that patio. Now the reality is if I’m applying for a permit or a variance in the future I just squat down a little bit and now I can’t see the patio so I want to make it noted that this patio absolutely existed before these owners moved in. That the time in question is, you know could have been without permits so that we don’t have future homeowners coming and requesting a list of the same things but hoping to build two things under the umbrella of however many feet that this third variance ends up being so I absolutely would be in support of what you’re saying Commissioner McGonagill. McGonagill: If I may Mr. Chairman, give some feedback to Commissioner Von Oven. I agree with him and I would also support that that if someone was coming, if the building was there and they wanted to build a patio like this I would say well no. It’s got to be adjacent to the building and we have to limit it. So you know I agree with him. I don’t want people coming through the door either but this is a different sort of a…so I do appreciate that. Thank you and I’ll try to hush now. Weick: I think the contrarian in me would say the concern is not so much about how this property looks or the use of the 340 square feet on this property because I do agree that it, you know everything lines up really well. Everything’s hidden. It’s beautiful. It probably works here. What I think the concern is after you know we’re long gone from the commission and someone looks back on this property and says there was an approved 340 square foot coverage variance. All of a sudden then someone else is going to build a 340 square foot structure whether it’s a beautiful patio or whether it’s a gigantic you know shed. I’m just throwing it out there as sort of the contrarian view to say that’s, I think that’s the City’s concern is to say are we setting a precedent for someone to build a 340 square foot structure in the future. McGonagill: Mr. Chairman I totally agree with you. I mean that’s why MacKenzie did the right thing of bringing it forward the way he did. I mean he’s right in doing that and, but against that I would say we’ve approved a lot of different variances from cul-de-sacs to long roads to things cut through you know they don’t meet the plan so each of those are trying to, needs consideration not only of the site they’re in and the quality of what we’re trying to maintain in Chanhassen but also the, you know for our residents themselves and so that’s kind of where I, as you know I’m usually on the other side of these and tonight I’m over here and this is how I ended up here is look I say okay I get it so. Weick: Great. I jumped in again and I apologize if there’s other commissioners who would like to comment. Noyes: Chairman it’s Commissioner Noyes. I’ve got a little bit more of a contrarian view on this than others and I say that also acknowledging that I agree with just about every comment that was made, not only from the commission but also from the applicants. I think the plan of what they’re doing, they’re doing it absolutely the right way. Where I struggle is on precedence Chanhassen Planning Commission – June 16, 2020 13 being set. You know the first one which is adding a second structure. That’s a precedent that would be set here. Then having the total square feet of structure or structures exceeding the ordinance is another precedent we’re setting so I’m a bit concerned about that. It’s interesting and I may contradict myself a little bit here, if I vote for this I would probably vote for all 3 variances and that sounds funny but the reason I say that is, tying into everybody else’s comments, if you’re going to do it let’s have them do it the right way and I don’t think that’s making their current patio smaller or anything like that. I just need to personally get over the, are we going to start allowing two structures and are we going to start allowing structures to take up more than 240 square feet. Or 250 square feet, excuse me. Weick: Thank you. A very good perspective. As they all have been this evening. Yes Commissioner Skistad. Skistad: Yeah I guess my, I have to wonder about the underlining ordinance and whether or not that ordinance maybe makes sense most of the time. I’m sorry my family’s coming in the door. Hopefully they’ll be quiet. But anyway the underlining ordinance you know having to have the structure all together probably doesn’t make sense for a lot of properties where you might want to have a separate patio and you want to hide your shed so I think what they say makes sense and maybe we should be looking at the underlining ordinance in the future and saying does this ordinance really meet the need of the community. Weick: Another good point. Thank you Commissioner Skistad. Reeder: Mr. Chairman, Commissioner Reeder. Weick: Yes sir. Reeder: And I first want to say I’ve gone up and down Minnewashta Parkway many times and I never knew that this beach was down there because you can’t see it from the road so making anything down there is certainly not going to be anything that many people in the city will ever know changed. Only from the water can you really see this but I also don’t feel that because of that that there’s much of a public exposure to things that are stored down there and if you need to store something down there you could put a locked structure either on the dock or on the back part of the patio area so, and I still have a problem with allowing two structures on a lot. Having lived on lakeshore on Lake Minnetonka forever and currently on one of the lakes here in Chanhassen, it is I think important to regulate what happens on the lakeshore. After saying that I do think that what they’re proposing is the best possible way to do, to meet their need. They’re putting it off to the side. They’re doing it I think in a manner that is probably the best it could be for everybody’s visual, being only the people from out in the water that would see it. But I will not be able to vote for it because of the two variances that they’re requesting. One to have a second building. Well I think the second building is my main problem. Well exceeding the total number of square footage. They could enjoy that lakeshore front there I think as many of the people do without having a concrete patio there. You could as a lot of us do have things on Chanhassen Planning Commission – June 16, 2020 14 the tables and things on the water front area without that so if they really wanted the building I think they could modify the terrace area or the fire pit and still accomplish what they want to do so I will not vote in favor of the ordinance as proposed by staff with giving the two variances. Weick: Can you clarify Commissioner Reeder just for me. You’re opposed to the square footage and the second building? Reeder: Correct. Actually staff is not recommending the square footage. I understand that so I agree with staff on that and then I think that we shouldn’t have two structures on this because that’s a slippery slope. Weick: Okay thank you. I just wanted to be sure I understood your opinion on that. I don’t think we have Commissioner Randall out there do we? If so he’s been awful quiet but I think we’ve heard from everybody. Any other, have any of the comments that have been made sparked any other discussion and if not I would certainly consider any type of motion that someone wants to put forward. Whether that be the motion as it reads in the staff report or a modified motion. McGonagill: Mr. Chair I do have…tell me how we should do this because what I’m hearing is three motions that people have talked about. One as it’s written. The one that Commissioner Reeder talked about that would approve the first part, first variance and not approve the second or the third and then, of that motion and then the one that I had discussed about approving the variance. Approving the variance for the building of a second structure, approving the variance for the water oriented structure and also approving the variance to exceed 250 so that’s kind of, there’s a three way deal here so how do you want to go at that Mr. Chairman? Weick: Well I only see it as a two way deal because Commissioner Reeder being opposed to the second water oriented structure basically he’s opposed to anything on this and you know if they were to build something they would have to build it on the existing structure in order to qualify as one structure. So basically that’s a, to me that’s a no on everything so we’re really considering two options here. One is the motion as it’s written by staff which would allow the second building. Or the second structure but limit it to 250 total square feet across both structures. That’s the way it’s written now. Or we could certainly entertain a motion that allows the square footage to be increased to 340. Up to 340. Or whatever number you, I don’t want to put words in your mouth but yeah. McGonagill: Mr. Chairman that’s good. You did clarify that and you are correct. Thank you. Walters: Chairman I will note if there’s an interest in making either of the two motions you mentioned on the power point I did take the liberty of drafting appropriate motions for both of those scenarios. Weick: Okay. Chanhassen Planning Commission – June 16, 2020 15 McGonagill: Thank you MacKenzie. Well Mr. Chairman I will make a motion. MacKenzie it’s the one to approve all three so do you want to show it? Walters: Hopefully it should be if we can get the power point up. McGonagill: I’m just saying Mr. Reeder I really appreciate, Commissioner Reeder really appreciate your position on it, I really do. I do so. There I can’t see it MacKenzie. Walters: Oh nuts I am so sorry. I thought you all were able to see my power point presentation. I can redo the motion that was written and you can, ah there we are. Can you see it now? McGonagill: Yes I can. Walters: Okay that is the one that would approve all three variances and direct staff to adopt, write Findings of Fact supporting that action. McGonagill: Okay thank you MacKenzie. Mr. Chairman I would move the Chanhassen Board of Appeals and Adjustments approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, known as the WOAS, and approves the variance request to exceed the 250 square foot water oriented accessory structure limit by 90 square feet, subject to the conditions of approval and directs staff to write Findings of Fact and Decision supporting this action. Weick: Thank you Commissioner McGonagill. We have a valid motion. Do we have a second? Von Oven: I’ll second. Weick: We have a second from Commissioner Von Oven, yep. Commissioner Von Oven. I’m just writing feverishly here, bear with me. While I’m writing are there any, before we vote any further comments any commissioners would like to make prior to our vote? Von Oven: There is just a quick clarification question. Weick: Yes. Von Oven: Water oriented accessory structure size limit by 90 square feet. This doesn’t, I think I’m getting too restrictive but this doesn’t mean they have to build exactly a 90 foot, a 90 square foot shed right? Do we have to say not to exceed 90 square feet? Walters: Yeah they can always go under it if they want. Von Oven: They can always go under, okay. Chanhassen Planning Commission – June 16, 2020 16 Walters: They would just not be able to go over the 340 square feet. Von Oven: Got it. Says the guy who would be approving the size so that makes me confident. Weick: And the 90…to really detailed about it. The 90 takes into account an 80 square foot shed, which they had proposed and then there’s actually 260 square feet on the existing patio. So that gets us to the 340. Walters: Yeah staff felt it was appropriate to legitimize the existing non-conformity were that to be approved. Weick: Correct. Von Oven: Thank you. Weick: Awesome. We do have a second, yep. We have a valid motion from Commissioner McGonagill. We have a second from Commissioner Von Oven and we will roll call vote. McGonagill moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, known as the WOAS, and approves the variance request to exceed the 250 square foot water oriented accessory structure limit by 90 square feet, subject to the conditions of approval and directs staff to write Findings of Fact and Decision supporting this action. 1. No trees, shrubs or native vegetation shall be allowed to be cleared for the grading or construction of the building. 2. The applicant must apply for and receive a zoning permit. 3. The installation of a shed shall not encroach into any recorded drainage and utility easement associated with the outlot. 4. The combined area of both water oriented accessory structures may exceed the 250 square feet by 90 square feet. Commissioners McGonagill, Von Oven and Skistad voted in favor; Commissioners Reeder, Noyes and Weick opposed. The motion failed with a tie vote of 3 to 3. Weick: So we have 6 commissioners voting. We have 3 in favor. We have 3 opposed so the item will go to City Council. So City Council will break our tie, is that? Chanhassen Planning Commission – June 16, 2020 17 Generous: Basically. Walters: Literally speaking because the motion failed, if somebody else wanted to make a second motion and take a vote on that and were that motion to carry, that would also be a legal maneuver. Just Robert’s Rules of Order. Weick: So this doesn’t automatically go to City Council? Walters: It would go to council if no other action is taken. Hypothetically a commissioner could propose an alternative motion. This motion having failed. In which case, because my understanding it was a 3-3 vote correct? Weick: Yes. Walters: Which means the motion was not passed so if a different motion were made and that motion received two-thirds of the vote then it would be approved at the commission level. If that motion were approved with let’s say a 4 to 2 majority it would go to the council as Planning Commission’s recommendation. As it stands right now if no further action was taken it would go to council with a note that the Planning Commission made this motion and the motion failed to carry with a 3-3 vote. McGonagill: That’s the way I understand it as well. Weick: Okay. I will, and sorry I’m just taking a minute to process there. So I will open if anyone would like to make a motion you are certainly free to do that at this time. And it can be any motion for that matter. I supposed conceivably we could read, could someone, they couldn’t make the same motion. It would have to be unique? Walters: In absolute theory you could I believe make the same motion but typically because anyone could change their vote. Weick: Right. Walters: Anyone, well no because it failed. Never mind, sorry. Generous: There’s no say. Walters: Yeah just in advance. Weick: Okay. Well I will certainly give the commission opportunity to make another proposal. Another motion, excuse me. Chanhassen Planning Commission – June 16, 2020 18 Von Oven: If you could put the original motion proposed by staff up on the screen. I’m now going to make a motion. There we go. The Chanhassen Board of Appeals and Adjustments approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, and denies the variance request to exceed the 250 square foot water oriented accessory structure size limit subject to the conditions of approval and adopts the attached Findings of Fact and Decisions. Weick: Thank you Commissioner Von Oven. We have a valid motion. Do we have a second? Hearing none the motion will not be voted on so we will move forward with the original motion as voted on 3-3. That will be, I just want to be really clear for the applicants that they don’t have to do anything. This will go to City Council on July 13th and City Council will make a decision. Either in favor of our motion as we’ve presented it, or no. Generous: They can do. Weick: They can do anything they want. Walters: The council may approve, amend, deny. They have complete freedom of action. Weick: Because it’s a tie. Walters: Well because the council has complete authority always to do whatever so even if, you know it’s like when something’s approved by the Planning Commission and it’s appealed to the council, the council can at that point change it in any way, shape or form regardless of what was approved at the commission level. Weick: I just want to be really clear the applicants do not need to appeal? Walters: No. It will automatically go to council. Generous: Because they don’t have a decision at the Board of Appeals. Weick: Okay. Because we did not make a decision. Okay. And this doesn’t happen often so I apologize. I just want, I don’t want to send you off and have you not do something that you needed to do. But it sounds like this will be heard by the City Council on July 13th and we can expect a decision then. Walters: Correct. Weick: Thank you so much everybody. Chanhassen Planning Commission – June 16, 2020 19 McGonagill: Mr. Chair I think the applicant did a great job of presenting things and going through it. This is Commissioner McGonagill. I really appreciate what they did so thank them for us for coming and doing what they did. Weick: Yeah sorry about that Commissioner McGonagill. We were kind of talking over you a little bit but he was thanking you for coming in and being prepared and offering so much information. And the applicants also wanted to be clear that, as to everything that was going to be in the record, including the email in favor of all three variances from their neighbor. And we had mentioned that that will be on the record and that will be included in the packet. The other thing I’ll say as we go forward MacKenzie, this you will provide a summary of what we’ve discussed tonight for the City Council as well? Walters: Yep. My practice is I do shorthand notes hitting on the key questions each commissioner asks when I present to council and then they will also have access to the verbatim Minutes of this meeting which are included so both my summary of the discussion and verbatim will be present and forwarded to the council. Weick: So the council, for the applicant’s purpose they’ll have a pretty clear picture of what we got hung up on so they can really focus in on that and then make the appropriate decision for you. Okay thank you very much again everybody. I think we all learned a little bit this evening so that’s not a bad thing. APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary Minutes of the Planning Commission meeting dated June 2, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. CITY COUNCIL ACTION UPDATE. Weick: And do we have any City Council action updates? Generous: I have one that you didn’t deal with but the City Council released a development contract for the McGlynn Park development which is for the McGlynn Road across from Paisley Park. So that’s it. The other thing is we will be having a meeting, public hearings on July 7th. The Planning Commission will hold 3 public hearings. One for a variance, a setback variance on Frontier Trail. One is the old Gedney property is coming in for re-use as a food processing facility and outdoor storage. It’s called Hemp Bakers. And the third one is we’re doing a chapel PUD amendment, to the Chaparral development. There was an error in the ordinance when it was adopted in 2012 and so we’re correcting that so. But we are, because it was an adopted ordinance we have to go through a public hearing process to correct that so. McGonagill: So Bob we’re doing that ordinance. We’re doing the, what are the other two you said? Chanhassen Planning Commission – June 16, 2020 20 Generous: The 21000 Stoughton Avenue is a conditional use permit for a food processing and outdoor storage. McGonagill: Oh correct, yeah okay. And the other one? Generous: Was a variance on Frontier Trail. It’s a setback variance. McGonagill: Okay, thank you. Generous: That’s it. Weick: That’s all we have from the City update. Are there any commissioner presentations? Always welcome to bring something up at this time if you’d like. Maybe next time. With that I would entertain a motion to adjourn. Commissioner Skistad moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:00 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim PLANNING COMMISSION STAFF REPORT Tuesday, July 7, 2020 Subject City Council Action Update Section ADMINISTRATIVE PRESENTATIONS Item No: D.1. Prepared By Jean Steckling, Senior Admin. Support Specialist File No:  ATTACHMENTS: City Council Action Update City Council Action Update MONDAY, JUNE 22, 2020 Avienda Update – Work Session Item Discussion Approve a Request for Setback Variances to Install a Septic System in the NW Corner of Property located at 565 Lakota Lane – Approved Approve Amendment to Chanhassen City Code Chapter 20 to Remove Residential Restrictions for Regional/Lifestyle Center Planned Unit Developments (PUDs) – Approved Approve Final Plat, Development Contract, and Construction Plans and Specifications with Variances for Boylan Shores – Approved Minutes for these meetings can be viewed and downloaded from the city’s website at www.ci.chanhassen.mn.us, and click on “Agendas and Minutes” from the left-side links. g:\plan\forms\development forms\city council action update.docx