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
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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
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July 7, 2020
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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.
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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
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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
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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
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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
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July 7, 2020
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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
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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
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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.
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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
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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
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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
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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
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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
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5
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6
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4
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1
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5
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6
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7
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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
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4
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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
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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
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PP
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1962
TIMBER FR/WD DECK
SPRINKLERED
22’ DECK
TWO STORY OFFICE
WD FR. 24’ ROOF
BOILER RM
13-4 X 11-8
PP
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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”
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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
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261’ = 29 SPA
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171’ = 19 SPA
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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
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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"
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SIZE
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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
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WP
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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
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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
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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
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EXISTING " T . --.
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HOUSE
Di 1.9 CONCRETE SURFACE
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7701 FRONTIER WAIL ,.1 L I = BITUMINOUS SURFACE
ex'i
54 i".5 CHANHASSEN, MN 55317 co
GAS METER
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FOUND MONUMENT
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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.
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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
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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
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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
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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