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CAS-11_CHUCK WORM - 760 WEST 96TH STREETM 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 04/22/2013 3:07 PM Receipt No. 00217533 CLERK: AshleyM PAYEE: Sandy Worm 760 W 96th Street Chanhassen MN 55317- Worm Variance Request- 760 West 96th Street Planning Case 2013-11 ------------------------------------------------------- Use & Variance 200.00 Notification Sign Recording Fees Total Cash Check 2891 Change SCANNED aJ1n • Chanhassen City Council — June 10, 2013 • G- i I 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3H:1 V. 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST FOR A VARLANCE FROM SECTION 20-904(A)(1) OF CHANHASSEN CITY CODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SO. FT. ON Kate Aanenson: Thank you Mayor, members of the City Council. This item also appeared before the Planning Commission on May 21 '. It did not receive the affirmative vote of three -fourths. It was a 5 to 2 vote so therefore it automatically goes to you for a recommendation. As you stated it's 760 West 96'" Street. The property had received in the past a conditional use for riding stable so there's a riding stable on a portion of the property and then a contractor's business is run out of here and then also some of the hay is stored in the other building on the site. This is on the end of a, of West 96d' Street. The request again is for a variance to construct a 7,120 square foot accessory structure for storage of hay and agricultural equipment. There currently exists on the property a 10,240 square foot accessory building and an additional 9,960 square foot accessory structure for the total of 20,912. So on May le, as I stated earlier, in 2004 the City approved an interim use to allow for the riding academy and annually renewable stable permit for continued use of the riding stable so and, then also there is a Chuck's Excavating in one of the other businesses, the other structure on the site. So oops, going the wrong way. So this is the proposed, this is where some of the contractor's yard, the riding stable so we had given, the council did give approval for some accessory structures in this area. One was for property that had collapsed. A building that had collapsed and the applicant wanted to modify that for some runoff. The other one the applicant had proposed a storage unit but hadn't built it on the property. Had kind of graded it and waited 25 SCANNED Chanhassen City Council — June 10, 2013 a few years before he came in so the council did approve that 2,560 square foot accessory structure and then there was one built on the property without a permit. And then there was another one built over, over here for 1,000. That would be off of Homestead Lane. 1,177 so this one is significantly larger than those. So here's kind of accumulation of some of those in the area of the summary of the square footage in the area. Again this is an agricultural area. There are some of these, and we talked about it in the past have been used for other types of storage. We did say if it's for agricultural, for horses we had recommended those. I know the applicant has stated that he does do baying and stores some of the hay and provides hay for other people in the area too so our concern was that if some of the contractor's yard, storage wasn't in there that maybe there might be additional space in the current building is our rational basis on that. Again the Planning Commission didn't have the super majority of the three -fourths so this item comes before you so the, we'll be putting the same motion in to the City Council which was the excess . Denial of the excess of the 1,000 square feet. And with that I'd be happy to answer any questions that you may have. Councilman McDonald: Excuse me, can you go back to the statement you made about if he took some stuff of one of the structures? Kate Aanenson: Yeah, there is a. Councilman McDonald: What's in there? Kate Aanenson: An excavating business. Councilman McDonald: Okay, so he's running a business off of this? Kate Aanenson: Back then, when we talked about some of these business, buildings up in here there was businesses. You remember the one that had the collapsed structure. He had a business in there for a while but is no longer using it for that and so when he wanted to rebuild he wanted to use it for storage of antiques and the like so. Mayor Furlong: Okay, questions? Other questions at this point. Councilman Laufenburger: I do. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Kate, looking at this aerial photo you have in front of us, can you tell us how many of those north/south rectangles belong to the applicant? Kate Aanenson: Yes. This one. Councilman Laufenburger: Yep. Kate Aanenson: And this one. Councilman Laufenburger: Okay, so it's the two that are adjacent. Kate Aanenson: That's correct. Councilman Laufenburger: Okay. And it's on the smaller of the, there. That one right there, that the 9,600 is on. 26 Chanhassen City Council — June 10, 2013 Kate Aanenson: That's correct. Right. Councilman Laufenburger: What are you, can you tell me what, is that the accumulated square feet of all, what looks to be three structures? Kate Aanenson: Yes. Yes. CouncHman Laufenburger. Is that right? Okay. Alright. And the other, on the western property, that building is a singular structure of over 10,000 square feet. Kate Aanenson: Correct. And the new one. Councilman Laufenburger: And do we know what's in that structure? Kate Aanenson: That's what I was saying. There is some hay in there and it's our understanding there's also some equipment in there too. Councilman Laufenburger: Equipment. Farming equipment or excavation equipment? Kate Aanenson: I'll let the applicant answer that question. Councilman Laufenburger: Okay. So, and how about the 9,950 square feet in the eastern property, do we know what that is being used for? Kate Aanenson: That's part of the horse operation. Riding academy. Councilman Laufenburger. Okay. Okay. And then a home, the home is also on that narrower, right there. Kate Aanenson: That's correct. Councilman Laufenburger: Okay. Thank you Kate. Mayor Furlong: Other questions for staff at this time? If not, is Mr. Worm here? If you'd like to address the council. Good evening. Chuck Worm: Good evening. I'm Chuck Worm. I'm here for the, to get hopefully another building possibly built for a variance. I've been there since 1987 and we've been doing our hay farming even previous before I built the residence at where I live right now. Over the years of course we you know got more equipment and stuff like that and we were making 20,000 bales. Small square bales of hay and now we probably make about 10,000 but now we make probably 300 to 400 round bales which are sized 4 by 6 in size and so we just, we do have a family owned and operated excavating business out of there with my son living on the western edge of Chaska where we do have a conditional use permit for a building out there so with that we do store equipment back and forth. Farm equipment. Excavating equipment at both places. We always for the storage in the past years we rented farm buildings. Two bams just west of me a half mile, well one of them got tom down a couple years ago and the other one is abandoned now and not able to use and we just keep losing these farm buildings for storage and I've just got to keep going further away and further away. So I don't plan to move yet, as of now. If I knew my property was in possible development in the near 3 to 5 years or something I wouldn't be here for this but I've got a neighbor, Tim Erhart which adjacent my property and he at this time doesn't have no intentions for 27 Chanhassen City Council — June 10, 2013 development. So the only way I could develop is if he did so right now I'm just, the equipment we got, the big building on the 8 acre parcel we built to accommodate the equipment and everything that was, I think we built that about 12 years ago but now with losing the bams and all this stuff, it's tough to find rental place or storage for the hay so. We do rent hay from the Minnesota Arboretum. There's 86 acres out there and surrounding areas. Chaska, Victoria and Chanhassen here too. I find parcels of hay to make so I'm still doing a fair amount of hay and stuff so but just. Mayor Furlong: How many acres of hay do you farm? Chuck Worm: We probably got probably about 100 acres this year. Mayor Furlong: So 86 at the Arboretum and then another 14. Chuck Worm: 86 yep plus another probably 50, yeah. Mayor Furlong: Okay, so closer to 140-150. Chuck Worm: Yeah. Yeah. Mayor Furlong: Okay Chuck Worm: And I know they did in the paper here. In the report they compare, you know do a comparison with Gayle Degler which is a farmer nearby me too. Gayle Degler, he makes some hay but he don't run around and make hay like I do. He does crop fanning. He's got grain bins. Easy storage. It's a little more, what I do, it takes storage. You know it takes buildings to do it and I don't, at small square bale of hay just last week at $12.50 a bale, I'm about to store it outside and that's a big factor too in having quality material. Hay. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes, Mr. Laufenburger, CouncihnanLaufenburger: Mr. Worm, this property that we're looking at here. Let's just call that the western rectangle where that must be where you do your horse academy, right? Chuck Worm: Yeah. Councilman Laufenburger: Okay. Are you haying any of this property? Chuck Worn: We're haying just south of that one. Councilman Laufenburger: South of the building. Chuck Worm: Big building, yeah. Councilman Laufenburger: And that hay is stored in the 10,000 square foot building. Chuck Worm: Yes. Councilman Laufenburger. So you're bringing hay from the other locations, the 86 and the 50 to this location to store it inside. i Chanhassen City Council — June 10, 2013 Chuck Worm: Yes. Councilman Laufenburger: Because you have this as a location to store it right? Chuck Worm: Yeah, because it's my own. Councilman Laufenburger: Okay. And the other, I think I've seen a Chuck's Excavating Sign on what used to the Creek Road. Chuck Worm: County Road 10. Councilman Laufenburger: Yeah, by the railroad track. Chuck Worm: Yes. Councilman Laufenburger: Okay. So is there no storage area there? Chuck Worm: I've got storage there. I mean one, at the planning board they proposed well take your equipment from my. Councilman Laufenburger. From Chanhassen. Chuck Worm: From Chanhassen and put it in Chaska. And if I bring my equipment from Chaska to Chanhassen, I'm not gaining anything because the buildings are full right now because I can't find a barn to pile hay in. I've got, well one bigger building on the 2 1/2 acre parcel that I fill completely so that, when I do that now in the last couple years, that pushes all my equipment outdoors or somewhere else. Councilman Laufenburger: And this is the farming equipment and the excavating equipment, is that correct? Chuck Worm: Yes. Councilman Laufenburger: Okay. That's all for right now. Mayor Furlong: Other questions for Mr. Worm? Councilman McDonald: Yes. Mayor Furlong: Mr. McDonald. Councilman McDonald: Okay, I understand that to do the trade of equipment back and forth really doesn't gain anybody anything. If you get this structure can you take out the excavating equipment and now move that off of this site down there and this becomes strictly farm? Chuck Worm: I possibly could. It's basically I mean it's myself and my two boys that are in, that's the excavating company. I started it back I think in '89 or something, or '90 and it just, my boys just stayed with me and I just continued doing it and it you know just stayed on my property because I do own 10 1/2 acres total. 29 Chanhassen City Council — June 10, 2013 Councilman McDonald: The reason for my question is that you know down here, as you're well aware, we have granted some variances in the past year but it's based upon noncommercial use. Now the land is zoned agricultural and farm and I'm okay with all that but again what I'm looking for is that an excavating business is not agricultural. That is a business. Chuck Worm: It is Jerry. Excuse me. Councilman McDonald: No, that's fine. Chuck Worm: It is because my Bobcats do all the removal of the manure. I've got trucks that haul the material off site to local fields. Farmer fields and things like that so I mean it's just not that I'm on this property and I'm just an excavator. I'm, my equipment works with my farm a lot so it's a combined really for me business between the two of them. Councilman McDonald: So you're telling me they're so intertwined that it would create a hardship to remove the excavating equipment down to Chaska and just have this for strictly a farm and store your tractors and balers and all that stuff. It just, that doesn't gain you anything either. Chuck Worm: Not really. I mean it would be, now I've got to go back out to my son's house. Bring the equipment back here to clean my horse yards and things like that and that's just another truck down the road. Fuel consumption. Time and things like that lost again and time for me is pretty precious. Councilman McDonald: It's money. How much land are we talking about between the two lots? Between the western and the eastern lot. How much land is all that would you say? Chuck Worm: 10 1/2 or 10 point, yeah. It's over 10 acres. Councilman McDonald: Okay, you've got, now you've got the 10,000 foot structure that's shown here or that's what you're going to build? Kate Aanenson: No, that's existing... just south of that. Mayor Furlong: There'd be additional nine. Chuck Worm: Yeah, what was the square footage? 70. Kate Aanenson: 7,120 is what you're asking for. Chuck Worm: Okay, and I did have a bump out on that structure off of the 60 by 108. There was a 28 by 30 foot structure on the back of, on the south side and that's 840 square foot addition on that building I'm proposing. I'm proposing to eliminate that part of the building so I just want to go with a straight 60 by 108 feet and so I'm removing 800. I think it's 840 square feet. Councilman McDonald: Okay, and then what's going to happen to your riding business? Does this begin to impact that? Does that get curtailed? Chuck Worm: No. No. Councilman McDonald: Okay. I don't have any more questions. Mayor Furlong: Mr. Laufenburger. 30 Chanhassen City Council — June 10, 2013 Councilman Laufenburger: Mr. Worm, it sounds like you're, as you were describing the predicament or the circumstance that you're in, it's really predicated or caused by these buildings out in Chaska that, not available or wind tom down or whatever it is. Chuck Worm: Yeah. Yeah. Councilman Laufenburger: So the lack of the buildings out there causes you, the solution that you'd like to have is replace those, that lack of buildings with a building in Chanhassen to bring the hay in to put it underroof. Chuck Worm: Under roof, that's correct. And I know then it's on my property. Councilman Laufenburger: Isn't your property out on County Road 10? Chuck Worm: That's my son. Councilman Laufenburger: Oh, okay. Chuck Worm: That's my son. Councihnan Laufenburger: Does he share in the business with you or not? Chuck Worm: He works for me in my excavating business and they help. We're all part of this. Councilman Laufenburger: So the machinery goes both ways. Chuck Worm: Exactly. Councilman Laufenburger: The brothers go and the sons go both ways, okay. Chuck Worm: Exactly, yes. Yeah. Councilman Laufenburger: Okay. Mayor Furlong: Councilwoman Tjomhom. Councilwoman Tjomhom: Yeah it seems to me that the issue here is the concern that there's going to be a business nm out of the building. Is that Kate what the main concern is? Chuck Worm: No. No. Councilwoman Tjomhom: From, if you're looking at it from what potentially could go wrong with... Mayor Furlong: Ms. Aanenson, would you like to. Councilwoman Tjomhom: And maybe you know I'm asking... Kate Aanenson: Well I think it's kind of a slippery slope between the, what you use to, for the horse riding academy, feeding the horses, cleaning up manure, equipment for that and then equipment for the excavating. Some of it kind of cross pollinates. I guess that's going back to what someone said, what 31 Chanhassen City Council — June 10, 2013 equipment can you keep there for the horse operation and not for the other but it sounds like the pieces go both ways. Councilwoman Tjomhom: So the hay storage, it's not, it's to use specifically for your riding operation and not, you don't sell it? Kate Aanenson: Yes. Chuck Worm: We do sell some to. Kate Aanenson: That's why he needs to store it. He sells it. Chuck Worm: Yeah, yeah. Neighbors and surrounding people usually around us that still have horses. Kate Aanenson: So it comes in and then he stores it and then it goes back out when somebody wants it, right. Chuck Worm: The majority of it usually or yeah, we sell quite a bit and we still feed quite a bit so. Councilwoman Tjornhom: So really there are two businesses that are going on right now on the property? Chuck Worm: Yes. Councilman Laufenburger: Three. Councilwoman Tjomhom: Or maybe three. Excavating. The riding. Councilman Laufenburger. The academy. Councilwoman Tjomhom: Yep. Kate Aanenson: And the hay sales. Councilwoman Tjornhom: And so what, I guess what I can't figure out is what changes with or without the structure because the excavating business will still be there. The riding academy will still be there and it would just be the expansion of a place for you to store your hay. Chuck Worm: Correct. It's hard to find. It's hard to find an old dairy barn or something you know within the area. You just drive around and you don't see dairy barns and hay storage around. Councilwoman Tjornhom: And right now do you store hay on the property? Chuck Worm: On my property? Yes. Yeah. Mayor Furlong: And I'm sorry, is that in the 10,200 something. The north building there. Chuck Worm: That's on the 2 1/2 acre, the south. The most southern building on that 2 1/2 acre strip. Mayor Furlong: So on the eastern part, that one right there that the arrow is over now? Okay. 32 Chanhassen City Council — June 10, 2013 Councilwoman Tjomhom: So then what happens to those structures? If they're not being used to store hay, is that where your excavation equipment will go into or? Chuck Worm: My excavation equipment is in already part and in my son's building out in Chaska. I mean we, I'm just, it's all mixed together you know. I mean it's. Councilwoman Tjornhom: Yeah, no I understand. Chuck Worm: It's just you know, I can't run part of my horse, or Sandy's horse operation you know without some of my equipment to you know for the manure removal and the, and things like that. Mayor Furlong: Ms. Aanenson, or I'm sorry. Mr. McDonald. Councilman McDonald: Just a follow up. So the 9,000 square foot building which you currently store hay in, you build the 10,000, will you use both of those? 19,000 square feet for hay then? Chuck Worm: Yes. Councilman McDonald: Okay, and that's because again storage for hay at other places where you do it is going away and so now it's either you cut back on your business. Chuck Worm: Exactly. Councilman McDonald: Or find something else to do. Councilman Laufenburger: Or find another place to store the hay. Chuck Worm: It's always farther out though all the time you know. I don't plan on moving yet, or at least I don't want to and I like where I am I guess and it's, it keeps a lot of little kids happy too so. Mayor Furlong: Ms. Aanenson the Planning Commission voted 5-2 to deny the application for a variance. We've got the information in our Minutes but could you summarize the concerns of those who voted to deny what their concerns were. Kate Aanenson: Yeah I guess you know. Mayor Furlong: In general. Kate Aanenson: It was the, he explained at the Planning Commission, correct me if I'm wrong Mr. Worm, is that you have the opportunity to expand your hay making business so that was part of it too. Mayor Furlong: So this is to accommodate an expansion of the hay making business. Kate Aanenson: Right, and it was hard for them to separate the comingling as we're talking about so some of the equipment clearly you need to keep on the site to, for the riding stables and the hay. To load the hay onto the trucks to ship off to somebody else so it's kind of hard getting the equipment so they kind of felt like really it's an expansion. While it is agricultural in some respects, it kind of crosses over to a lot of different. It was kind of hard to figure all that out. That's my understanding of what their concern was. Mayor Furlong: Okay. Mr. Worm how would you or what's your response to those concerns? 33 Chanhassen City Council — June 10, 2013 Chuck Worm: To what the planning board had said? Mayor Furlong: Yeah. Chuck Worm: I don't think they quite understood my situation. I don't know, remember her name but it seemed like she was asking kind of like well how big is a bale of hay or this or that and kind of like what a bale of hay was to me but you know, I think that, I just think that they maybe I didn't speak enough about the total situation maybe like I have to you now. That maybe they didn't quite understand you know my situation. Mayor Furlong: Well, okay and I appreciate that. I think you know one of the concerns that I, from the staff report and Minutes too is this issue of the excavation business and the potential expansion of the excavation business into the new facility or into the existing facilities. If you take hay out of your existing buildings. The one on the eastern property and move it over to the new one then your excavation business expands. I think that's a concern raised by staff and others. Chuck Worm: Well my excavation, I mean it's my two boys and myself and that's the way it's been for, I think I've been doing it 14 years and I don't plan to expand there. If L you know I just, I've got enough. It's enough with just my two boys and myself and I don't plan that. I'd rather expand my farm is what I'd like to do more yet but. Councilman Laufenburger: Your farm being? Chuck Worm: Just my 10 1/2 acres. Councilman Laufenburger: Oh your 10 1/2 acres. Chuck Worm: Yeah, yeah. Yeah. Councilman Laufenburger: How would you do that? Chuck Worm: How would I? Councilman Laufenburger: How would you expand that farm? Are you thinking of like develop, moving it or buying land around that 10? Chuck Worm: It'd be nice to buy Tim Erhart's but I can't. Councilman Laufenburger: I think he's selling. Chuck Worm: Yeah I don't think I could afford it. You know as long as I can stay where I am, I just see, I don't see possibly any development myself in my area down West 96t° Street for I'm guessing 10 years. And if I can make it another 10 years with our haying equipment, or our haying operation. Sandy's Riding Academy and stuff like that and I like the location where I am and I got, I've never had a complaint of all the neighbors going down that road before. I don't think anybody ever called the City on us about, if it's hay equipment or construction equipment. We drive slow. We respect everybody going down the road so yeah, in the future yeah I'd probably pick up sticks if my land went for development and move out west. 34 Chanhassen City Council — June 10, 2013 Mayor Furlong: Ms. Aanenson, have we received any, has the City received concerns or complaints from the neighborhood with regard to the. Kate Aanenson: Not in the recent. There was in the past of some erosion and the like but I think that's been a while. Mayor Furlong: Okay. Todd Gerhardt: Mr. Worm, can you talk about your conditional use permit that you have in Chaska? What's that you allow you to do? Chuck Worm: That allows me to store my excavating equipment on that property. Todd Gerhardt: Okay. Usually they limit it to a number of dump trucks, Bobcats, graders, backhoes. Did they do that to you? Chuck Worm: No, they limited us on the, pretty much the size of the building. Todd Gerhardt: Okay. So everything has to be inside? Chuck Worm: Pretty much, yeah. And we've got nothing outside that structure. Todd Gerhardt: So you don't have any haying equipment in Chaska? Chuck Worm: Yeah I do. Todd Gerhardt: You do. What I hear the council talking about is that, you know maybe if you moved your excavating business to the Chaska location short of maybe one Bobcat, a dump truck that you need for removal of manure and you know moving hay around and kept the haying operation as an agricultural use at this location, I think that would give them something to hang their hat on. Chuck Worm: I think that's, I think a pretty good possibility of what I would do if I, if we can manage to get this building built and then I could yeah, like you say. Most of my haying equipment and farming equipment at my Chanhassen residence and then move more of my construction equipment out on the Chaska property so yeah, but I can't totally eliminate it you know, and I think you guys, you know understand that because I do have the use for my trucks and Bobcats and other smaller grading things and stuff. Mayor Furlong: How much reduction do you think you'd make in terms of your excavating equipment? Chuck Worm: I probably could make 50% maybe of what I you know have right now at my residence to move out to Chaska. I could do that. Mayor Furlong: And then the agricultural equipment might come here. Chuck Worm: Then my ag, yeah. Then it would have to because of course I don't have, wouldn't have the room. Mayor Furlong: Right but. Chuck Worm: But yes. 35 Chanhassen City Council — June 10, 2013 Mayor Furlong: But ag use is permitted with the property here. Chuck Worm: Yeah, okay. Yep. Mayor Furlong: Right? Chuck Worm: Yep. Mayor Furlong: So if I understand correctly. Todd Gerhardt: But I'd need clarification from either the City Attorney or our Planning Director but. Councilman McDonald: If I could before you do. I mean that is the point I was trying to get at with all of this and if I understood you correctly what you were telling me was that the 9,000 square foot building would continue to be used for hay storage along with this new building because again it's not that you're expanding the hay business. It's that storage has disappeared and you now need a place to do it. It's not that you're going to expand the excavation business by bringing stuff from Chaska over to Chanhassen. Chuck Worm: Right. Councilman McDonald: And that's what I'm asking you is my understanding correct there? Mayor Furlong: But I think Mr. McDonald the other thing I heard Mr. Gerhardt ask is it sounds like there's an opportunity with this additional building to move some of the excavating equipment to Chaska, where it's permitted and have the agricultural equipment or use equipment here and I guess my question is Ms. Aanenson is that, is that an appropriate? Kate Aanenson: It's zoned agricultural so you can have an accessory structure. It's how you're using it for the business that's the issue. Mayor Furlong: And by business I mean I think as we've, what I'm seeing is there are 3 businesses. The excavation business, which I think is non-agricultural related. Kate Aanenson: Which is not permitted, correct. Mayor Furlong: Which is not permitted. The horse riding. Kate Aanenson: Which has a conditional use which is permitted. Mayor Furlong: Which is permitted. And then the hay business. Kate Aanenson: Right. Mayor Furlong: Which is agricultural, correct? So that would be permitted? I'm sorry. Kate Aanenson: Yes. Mayor Furlong: Okay. So Mr. Knutson, thoughts? 36 Chanhassen City Council — June 10, 2013 Roger Knutson: What you could do if you chose to, I'm putting words in your mouth, you could say you approve this variance for example for this new building conditioned upon the following. No more than X square feet of a building you would designate, I don't know the number of it or whatever it is, can be used for the storage of excavation equipment. And the only equipment that can be on site, that is called dual purpose are the following. And then you can, one Bobcat. Two Bobcats. Dump truck. Mayor Furlong: Itemize dual purpose equipment. Roger Knutson: Then you would condition the approval of the variance on that happening and then he can build a new building when that has occurred. Kate Aanenson: If I may Mayor, I did just in case you did move in this direction. So taking off on what the City Attorney put in place, the building may be approved for agricultural. Then I think we can further clarify condition number 1 on that and then specify, if you want to go by square footage or pieces or equipment only for agricultural so we would further modify that to state whether it's, how much. Mayor Furlong: Expand condition one to, as recommended by the attorney. Kate Aanenson: Yeah, how many pieces of equipment or how much square footage. Mayor Furlong: And obviously working with Mr. Worm to figure out what's appropriate there. Just a second, Ms. Aanenson were you finished? Councilwoman Tjornhom. Councilwoman Tjornhom: If you go and look at the picture and you see the other lots, his neighbors, I mean are they held to those same conditions or are we doing something? Kate Aanenson: Yes. I think, no we said the other ones could not have businesses and he can have his business. There are some things that he needs to run the riding stables that he needs the hay for. That he needs the equipment for so we, I think we acknowledge that that needs to happen for the hay business. He needs the equipment. That's what we need to find out. What pieces of equipment he needs to, for the trucks to travel back and forth with hay so that's what we would clearly identify. That would be the pieces that would be allowed under number one so we'd identify that. Mayor Furlong: Well and I think what Mr. Knutson was also talking about was, was also recognizing that there is some storage for the excavation equipment. Kate Aanenson: Well that's what I'm saying, yeah. Roger Knutson: Well I call it dual use equipment. Kate Aanenson: Dual use. Right, the uses that you need for that. Then we would say also, because a building permit would be required, that's the ordinance and then maintain existing drainage patterns because we've looked at where that site is going to go and we may need a retaining wall for a portion of that building and then also if I heard you Mr. Worm, you dropped that building down to 6,480 square feet, is that correct? Chuck Worm: Yeah, that south part was. Kate Aanenson: If you go by the 60 by 104 Mayor Furlong: 108. 37 u' Chanhassen City Council — June 10, 2013 Kate Aanenson: 108, excuse me. So that came out to 6,480 would be the square footage as opposed to the 4,120. Roger Knutson: Just pointing out there are already several buildings so you want to refer to all the buildings. Kate Aanenson: Correct. Roger Knutson: None of the buildings can be used for anything but storage of hay or the horses or the dual use equipment and that's limited to X square feet and certain listed equipment. Mayor Furlong: Does this seem a reasonable approach Mr. Worm? Chuck Worm: Yeah. Mayor Furlong: Okay. What I would suggest then, Mr. Gerhardt? Todd Gerhardt: I was only going to suggest that maybe we could table this. Sit down with Mr. Worm. We're kind of rushing to put this all together. Let's make sure that he feels comfortable and put an agreement together that he can live by. We can live by and just have some time to say, you know what piece of equipment is going where and what's staying. Mayor Furlong: Absolutely. And we're not going to create that list tonight. Todd Gerhardt: Bring it back on the 20. Councilman McDonald: Then in that case I'd make a motion to table. Mayor Furlong: With direction for staff to work with Mr. Worm. Councilman McDonald: With direction for staff to work and bring it back on the 241". Chuck Worm: Okay. Mayor Furlong: And well the 24m be happy to have it back, I would say bring it back as soon as it's ready. Kate Aanenson: Yep. Councilman Laufenburger: Is there any discussion? Mayor Furlong: Rather than designating the 24'. Councilman McDonald: Well I thought that was our next council meeting. Mayor Furlong: It is and if we can get it back that quickly that's great. If it's not ready then let's bring it back when it's ready. Okay, motion's been made to table. Mr. Laufenburger? Councilman Laufenburger: Is that discussable? Oh you need a second first. 38 E Chanhassen City Council — June 10, 2013 Mayor Furlong: I need a second. It's generally not discussable. So Mr. McDonald, do you want to withdraw your motion for the moment? Councilman McDonald: I'll withdraw my motion. Mayor Furlong: Thank you. Mr. Laufenburger. Councilman Laufenburger: Yeah, thank you Mr. Mayor. I appreciate Mr. Worm's willingness to dialogue on this but there is something that's occurring here that does concern me a little bit. This is a unique area of Chanhassen and by adding 6,480 square feet of storage, and is that a two story building? Whatever it is. Chuck Worm: Single story. Councilman Laufenburger: How many bales, no. But what we're doing is we're increasing the usage in that area. We're increasing, more hay will come in. More hay will go out and that is a, you know this is 96s' Street. We're improving Highway 101 down there. It's becoming more of a residential and over time my guess is it will be even greater residential. Maybe there will be a time in the future when it will not be approved for agriculture and we just need to think about is it the right thing to increase the use of this property, this 10 1/2 acres to bring in more storage. He's already at, what's the square footage? 20,000 square feet. Kate Aanenson: Correct. Councilman Laufenburger: Yeah, he's at 20,000 square feet. This will take him up to 27,000 square feet. He will have more accessory space on there. He'll have twice as much accessory space on that property as is on any other property down there. I think I'm saying that correctly, is that correct? Kate Aanenson: That's correct. Councilman Laufenburger: So I'm not opposed to the dialogue but what we're setting ourselves up for here is additional storage and, with all respect for Mr. Worm, is it cheaper for him to build a 6,480 square foot building here in Chanhassen and transport that hay from Arboretum and from County Road 10 or is it, might it be worthwhile for him to explore building a 6,480 square foot building in conjunction with somebody who already has property out there where the hay is so I just, that's my only point Mr. Mayor. Thank you. Mayor Furlong: No, and I appreciate those thoughts. Councilman McDonald: Well if I could address that. I mean what I'm looking at is, and I can take, I'm only taking Mr. Worm at his word in that he has already looked for something such as that and in order to find it he's got to go further west so that places a hardship upon his business. To address the issues about what are we doing down in this area. We're intensifying a business, it's already zoned for agricultural use. At some point, as Mr. Worm has stated, that is going to change and when that change is, he is probably going to have to leave, and he recognizes that and that's going to impact that entire area because once those lots start to go, because of the size of them, that's probably the next development within the city. That's going to be one of the prime areas so it will happen. Until it happens I think what he's asking us to do is that he has a business. He has a hardship and he's come to us to address an issue so he can continue with his business and based upon all that, I would think that you know the council should be looking to help it's citizens where it can. 39 Chanhassen City Council — June 10, 2013 Councilman Laufenburger: I'm not suggesting Mr. McDonald that we shouldn't help him but there are other alternatives for him continuing his business. Kate, are those two buildings, or the 20,000 square feet, are they legally non -conforming? Or is the. Kate Aanenson: Tbat's correct. Tbat's correct. Councilman Laufenburger: So the amount in excess of 1,000 square feet, which the ordinance allows, those are legally non -conforming, Kate Aanenson: Correct, and I just want to go back. I know this area is unique but I just want to go back and talk about why we put that cap in place because once you get a building this size, even though the neighborhood has changed, there's said value in having an opportunity like this inside an urban setting that they don't go away because nobody, it's an opportunity to store boats or do other businesses. Whether it's a haying operation or becomes something else so we're just saying long term wise Mr. Worm may leave. Councilman Laufenburger: But those buildings will be there. Kate Aanenson: May not because they have a value of some sort. Todd Gerhardt: Council, the one point to that is that it is for agricultural purposes is the key to that agreement. So Mr. Worm has to be put on notice that the only thing that that building can be used for is agricultural purpose. Mayor Furlong: And I think that's, that's the benefit here and Mr. Worm's accommodation to delineate the use of the buildings and the equipment, the dual purpose equipment and for agricultural purposes so that in the future if there is a change of ownership in the property, I'm assuming that those requirements would go along with the property. Kate Aanenson: Yeah Mayor Furlong: As a part of that agreement so anybody buying the property would know that it's use is for agriculture. Kate Aanenson: Right, or they come back and ask for relief, yeah. Mayor Furlong: Well and then at least the council at that time can evaluate the request but I think you know both in terms of, if I can speak for a little bit of why I think we may, I would support a motion to table going forward is there's been stated by Mr. Worm to reduce the request for the size of the variance, or the increase of the variance with his new building and his willingness to work with the City to enter into an agreement to identify and what I'm hearing here, willingness to reduce the excavating business on the two combined properties and emphasize the agricultural business and also what's not allowed in that area which is the agricultural business being more consistent with the current zoning so you raise good points Mr. Laufenburger. I think there's some, I think with Mr. Worm's proposals here to accommodate, I think that gives everybody a better, clearer understanding of what we're doing so... Councilman Laufenburger: Well let me restate again what I thought I said right in the beginning, and Nann will attest to this in the Minutes but I did, I did appreciate that Mr. Worm is willing to have that dialogue. Mayor Furlong: Absolutely. 40 Chanhassen City Council — June 10, 2013 Councilman Laufenburger: Because I think that speaks to, that speaks to his desire to remain in this community which is worthwhile. Mayor Furlong: Absolutely. No, I heard that as well so. Councilman Laufenburger. Thank you. Mayor Furlong: Is there any discussion on the direction that's being proposed here? To table this to a future meeting, hopefully as quickly as our next meeting where this can come back after staff and Mr. Worm have had an opportunity to work through it. If there's no other discussion in that direction, Mr. McDonald would you like to restate your motion? Councilman McDonald: Well I'll restate my motion to table based upon conversation that we've had at this point because I would like all those points to be taken into consideration and that Mr. Worm work with staff again to put together a plan which meets the direction that the council has given. That what we do is intensify the allowed use and try to de-emphasize the unallowed use which is the excavating business but a recognition be made that again there is dual use equipment and that's part of the conversation. Mayor Furlong: Thank you. Is there a second to that motion? Councilwoman Tjornhom: Second. Mayor Furlong: Motion's been made and seconded to table. Generally non -discussable. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council table the request for a variance from Section 20-904(a)(1) of Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet at 760 West 96`s Street and direct staff to work with Mr. Worm, taking into account all comments made by council, in bringing back an agreement as soon as possible. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Thank you Mr. Worm, Ms. Aanenson, Mr. Gerhardt. Mr. Knutson as well, thank you. APPOINTMENT OF YOUTH COMMISSIONERS TO THE PARK AND RECREATION COMMISSION. Mayor Furlong: Earlier this evening the City Council had the pleasure of interviewing two applicants for our Park and Rec Commission. As I call them up here, Jacob Stolar and Ryan Lynch. Both did excellent jobs as they met with the council and talked about their desire and willingness and enthusiasm to serve, as youth representatives on the Park and Recreation Commission. Following their interviews we had discussion and I would certainly move to nominate both Jacob Stolar and Ryan Lynch to serve as youth commissioners on the Park and Recreation Commission and ask for a second. Councilman Laufenburger: Second. Mayor Furlong: Thank you. Any discussion on either of these two young gentleman? Very impressive and appreciate their willingness and desire to serve and they both did a great job tonight in front of the council so. This is actually, these are new positions that the council has added to our Park and Recreation Commission for youth representation and we look forward to both Jacob and Ryan serving in that 41 CITY OF CHANNASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone:952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952,227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax:952.227.1404 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: June 10, 2013 PJ SUBJ: Variance to Construct a 7,120 square -foot Accessory Structure 760 West 96ei Street — Planning Case #2013-11 PROPOSED MOTION "The Chanhassen City Council denies the variance request to construct a 7,120 square -foot accessory structure and adopts the Planning Commission's Findings of Fact." City Council approval requires a majority vote. EXECUTIVE SUMMARY The property owner is requesting a variance to construct a 7,120 square -foot accessory structure for the storage of hay and agricultural equipment. There currently exists on the property a 10,240 square -foot agricultural building. On the applicant's property immediately to the east of this site, there is an additional 9,960 square feet of accessory structures. This would give a total accessory structure square footage of 20,912 square feet. PLANNING �Yf u u /:l _Ivj The Board of Appeals and Adjustments held a public hearing on May 21, 2013 to Planning & review the request. The Board approved a motion to den the variance b a vote of 5 for Natural Resources �1 Pin' Y Y Phone: 952.227.1130 and 2 against. For a Board decision to be final, an affirmative vote of three -fourths Fax: 952.227.1110 (75%) of the members present is required. Since this vote represents only a 71 percent vote, the motion acts as a recommendation to City Council. Public Works 7901 Park Place The Planning Commission's primary concern regarding the variance was that the Phone: 952.227.1300 prosy owner is currently using at least part of the existing storage buildings for Fax: 952.227.1310 contractor equipment storage. Senior Center Phone.952.227.1125 RECOMMENDATION Fax: 952.227.1110 Staff recommends denial of the variance request. Web site www.ci.chanhassen.mn.us ATTACHMENTS Planning Commission Staff Report Dated May 21, 2013. gAplan\2013 planning cases\2013-11 worm variance-760 west %di straY\enecutive sumnary.doc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN PC 1* E: May 21, 2013 3 CC DATE: June 10, 2013 (if necessary) REVIEW DEADLINE: June 18, 2013 CASE #: 2013-11 BY: RG PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments denies the variance request to construct a 7,120 square -foot accessory structure and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The developer is requesting a variance from Section 20- 904(a)(1) of the Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet (7,120 square feet). LOCATION: 760 West 96th Street (PID 25-0261610) APPLICANT: Chuck Worm 760 West 96th Street Chanhassen, MN 55317 (952) 212-2874 PRESENT ZONING: Agricultural Estate District (A-2) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 7.8185 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 property owner is requesting a variance to construct a 7,120 square -foot accessory structure for the storage of hay and agricultural equipment. There currently exists on the property a 10,240 square -foot agricultural building. On the applicant's property immediately to the east of this site, there is an additional 9,960 square feet of accessory structures. This would give a total accessory structure square footage of 20,912 square feet. The applicant has stated that he is trying to consolidate his farming equipment on the site. Currently, some of the equipment is stored at his son's property approximately six miles away. The applicant has also stated that the intent of the use of the building is strictly for his agricultural operation, storing farm equipment and hay within the structure and not for the contracting business. If the applicant limits the use of the accessory structures to agricultural uses, there should be sufficient storage area for agricultural purposes. Planning Commission 760 West 96�h Street Variance Request May 21, 2013 Page 2 of 6 The properties to the north, south, east and west of the subject property are zoned Agricultural Estate District (A2). Access to the site is via West 96`h Street. APPLICABLE REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article X, "A-2", Agricultural Estate District Chapter 20, Article XXIII, Division 1, Section 20-904, Accessory Structures BACKGROUND On May 10, 2004, the City approved an Interim Use Permit (Planning Case #2004-12) to allow a horse riding academy located at 760 West 961h Street subject to the following conditions: 1. Adhere to the standards of Chapter Five (5) "Animals", and Article Three (3) "Horses" of the Chanhassen City Code. 2. Adhere to the standards of Section 20-383 (General Issuance Standards) of the Chanhassen City Code. 3. The Interim Use Permit would expire upon the site being served by municipal services. Annually, renewable June 1, a stable permit must be issued for the continued use of the site for horses. In researching the property, staff discovered that a contracting business is associated with this location: Chucks Excavating, Inc., www.chucksexcavatintz.com. According to their website, the business was established in 1995. The picture at right, from the web site, shows some of the contracting equipment on the subject property. On August 20, 1984, the City amended the zoning ordinance to allow contractor's yards as a conditional use in the R-1 a, Agricultural Residence District. At that time, all contractors' yard owners were contacted regarding the amendment and required to apply for conditional use permits. On May 22, 1989 as part of Ordinance #103, contractor's yards were deleted as a conditional use in the A-2 and BF district regulations, thus ending the short time period in which the use was permitted on property other than Industrial Office Park. Planning Commission 760 West 96`s Street Variance Request May 21, 2013 Page 3 of 6 ANALYSIS The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square feet. This ordinance limiting the area of accessory structures in Agricultural Districts was adopted in May of 2007 in response to contractors purchasing property and building accessory structures to house their businesses. City Code prohibits the use of accessory structures for home occupations. At the time of the ordinance amendment, there were discussions regarding reasonable requests for structures in excess of 1,000 square feet to be used for a legitimate agricultural use. Minnesota State Statute 17.81— Definitions, Subdivision 4 defines agricultural use as "use of land for the production of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under chapter 18H, fruit of all kinds, vegetables, forage, grains, bees, and apiary products. " It was decided after the discussions that requests for accessory structures in excess of 1,000 square -feet would be reasonable if based on a legitimate agricultural use. The stated intended use of the accessory structure to be located on the subject property is for storage of hay and farm equipment; therefore, it would be considered a legitimate agricultural use. However, the applicant also runs a contracting business for excavating and grading. Once the building is constructed, it will be difficult or impossible for the city to regulate that the buildings are not used for the commercial excavating business instead of the approved riding academy and agricultural use. Staff reviewed city records to determine if any structures in proximity to the subject site were constructed after the accessory structure limitation was adopted in 2007. In December of 2007, the Planning Commission approved a 177 square -foot variance to exceed the 1,000 square -foot maximum for accessory structures. The variance was to allow for a 452 square -foot addition to an existing 725 square -foot detached garage. In 2012, City Council approved variances for 620 West 96a' Street structure to construct a 2,560 square -foot accessory structure and 720 West 96a' Street to reconstruct and expand by 520 square feet an existing accessory structure, which is a 40-foot by 37-foot building with a 40-foot by 8-foot covered walkway/lean-to area (1,800 square feet total). There was also a structure constructed sometime after 2005, without record of a building permit. It is unclear if this structure was constructed before or after the adoption of the zoning ordinance in 2007. Planning Commission 760 West 96"' Street Variance Request May 21, 2013 Page 4 of 6 SITE CONDITIONS Project site PC 2012-12, variance for a 1,800 I I PC 2012-10, variance for 2,560 sq. ft. accessory structure sq. ft. accessory structure 1i - PC 2007-28, variance for 1,177 sq. ft. accessory structure Structure constructed after 2005, no permit The existing driving surface will provide vehicular access to the proposed building. The proposed location will require some grading. The existing drainage patterns must be maintained. The proposed grading must be shown with the building permit application. The applicant has indicated that he may install some retaining walls to minimize the grading impact. The applicant is aware that retaining walls over 4' high must be designed by an engineer and requires a Building Department permit. Any retaining wall under 4' requires a zoning permit. In conjunction with the building permit application, the applicant will need to revise the survey to show and calculate the hard surface coverage of the site. This calculation should include not only the building, but the compacted area of the property used for vehicle access and circulation. The A- 2 district pen -nits a maximum site coverage of 20 percent. Planning Commission 760 West 960' Street Variance Request May 21, 2013 Page 5 of 6 As can be seen from the above aerial photo, this neighborhood has a preponderance of accessory structures in excess of 1,000 square feet. Staff is concerned with the large size of the structure. Between the existing storage building on the property as well as an estimated additional 9,960 square feet of buildings on the property where the Worm's home is located, what is the appropriate amount of accessory structures necessary for the horse operation? As a comparison, the Degler farm, located at the southeast corner of Lyman Boulevard and Adubon Road, which is located on 40 acres, has a total of 38,155 square feet of accesory structures. At what point do the sizes of the accessory structures create a concentration of properties that in the future may be used for business operations rather than storage for agricultural of residential uses? Does the City, by permitting the construction of these large accessory structures, create investment -backed expectations that these structures will be used for commercial businesses, rather than as a residential accessory use. This concern originates from the possibility that home occupations may be conducted out of accessory structures. Home occupations are a common cause of complaint from residents. They often create an excess in parking, traffic and noise. Additionally, the use of the property as a riding academy will end when sewer and water are available to the property. However, the large accessory structure will remain. As the property is less than ten acres the agricultural exemption from building code requirements does not apply. Building permit(s), plan review and approvals are required for the proposed building. Planning Commission 760 West 96th Street Variance Request May 21, 2013 Page 6 of 6 RECOMMENDATION Staff recommends that the Board of Appeals and Adjustment deny the variance and adopt the attached Findings of Fact and Decision. Should the variance be approved, staff recommends that the following conditions be added: The building may only be used for agricultural or residential storage and not for business operations or storage. 2. Building permit(s), plan review and approvals are required for the proposed building. 3. Maintain existing drainage patterns. 4. The proposed grading must be shown with the building permit application. 5. A zoning permit is required for any retaining wall under 4 feet high. 6. Any retaining wall 4 feet high or taller must be designed by an engineer and requires a Building Department permit. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Picture and Narrative. 4. Pictures of Hayfields, Tractor and Bailer and Tractor and Hay Wagon. 5. Schematic South and North Building Elevations. 6. Schematic East and West Building Elevations. 7. Schematic and Topography of Potential Building. 8. Survey for Chuck Worm, 9. Public Hearing Notice and Mailing List. g: \plan\2013 pl=ing cwm\2013-11 worm variance-760 west 96th street\worm staff reportAoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION Application of Chuck Worm for a variance from the 1,000 square -feet accessory structure limitation to allow for a 7,120 square -foot accessory structure on property zoned Agricultural Estate District (A2) — Planning Case 2013-10. On May 21, 2013, 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: All that part of the South one-half of the Northeast Quarter of Section 26, Township 116, Range 23 described as follows: Commencing at a point in the South line of said South one-half of the Northeast Quarter, distant 330.79 feet West of the Southeast comer thereof; thence Northerly parallel with the East line of said Southeast one-half of the Northeast Quarter a distance of 512.47 feet to the point of beginning of the tract of land to be described; thence Westerly parallel with the South line of said South one-half of the Northeast Quarter a distance of 425.00 feet; thence Northerly parallel to said East line a distance of 800 feet more or less to the North line of said South one-half of the Northeast Quarter; thence Easterly along said North line a distance of 425 feet more or less; thence Southerly along said parallel line to the ponint of beginning. Cont. 7.82 acres. 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 subject site is zoned Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide additional storage for hay and farming equipment. There currently exists a 10,240 square -foot shed on the property. This structure is being used for business storage and not only for agricultural uses; therefore, it is not keeping in harmony with the general purpose and intent of the A2 district. Additionally, the property next to this site, which is also owned and used by the applicant, contains approximately 9,960 square feet of accessory buildings. The agricultural uses could be consolidated in the existing shed. 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2, as a riding academy with a 10,240 square -foot shed. The addition of a 7,120 square -foot shed is not reasonable since there is currently a sufficiently large shed that can be used for equipment and hay storage were its use limited to those that are permitted under the district regulations. The property owner is using the current storage capacity of the building in a manner not permitted by the zoning ordinance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for hay and farm equipment storage. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The owner has a riding academy and a 10,240 square -foot storage shed on the property. There are no circumstances unique to the property that preclude its agricultural use. This does not constitute a unique hardship not created by the landowner since a structure in excess of 1,000 square feet exists on the site. Were all non-agricultural uses removed from the exiting shed, there exists a sufficiently large shed that can be used for equipment and hay storage. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconfonnities. The City has also granted variances for two structures in excess of 1,000 square feet in 2012. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 2 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 #2013-10, dated May 21, 2012, prepared by Robert Generous, et al, is incorporated herein. DECISION "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2013-10 a variance from the 1,000 square -foot accessory structure limitation to allow a 7,120 square -foot accessory structure on property zoned Agricultural Estate District, A2 " ADOPTED by the Chanhassen Planning Commission this 21" day of May, 2013 CITY OF CHANHASSEN IM Chairman (6 � CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION MIN I Applicant Name and Address: ehuek %JARr, 7lo0 LJ 9&" St CAAA MILL Contact: Phone:9S;2 ala--)Sly Fax:,7n Y?kQ9yS Email: Planning Case No. e;t6l B — i ( CITY OF CHANHASSEN RECEIVED APR 19 2013 CHANHASSEN PLANNING DEPT Property Owner Name and Address: C'1, uek r Sp �fd it LJo r" -7&o u) gGT* sr ('AgA Mri ssar� Contact: aeck 00a, Phone:15,a q9k o2g74 Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Y Variance (VAR) 2,00 Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign —� (City to install and remove) X Escrow for Filing Fees/Attorney Cost** - XUP/SPRNACNARNVAP/Metes & Bounds - $450 Minor SUB p� TOTAL FEE $ 450,y— 0 f An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT N LOCATION: LEGAL DESCRIPTION AND PID: S* 0.2611010 �531.,r00�0 <�� ssen ed, Lot TOTALACREAGE: WETLANDS PRESENT: YES x NO PRESENT ZONING: e,S�ISf �l REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Z M)- Z/- /5? - I3 Signature of Applicant Date Signature of Fee Owner Date 9API-'f0Mtdevelopm t mview applicahm.doc SCANNED PROJECT NAME: LOCATION: -71 o L S G I, N C r LEGAL DESCRIPTION AND PID: # 2S 0 26Ib IO 4--Z5 3VorOQ,26 -7eure,'sse., aJ. Lot -"Z gj�ck 1 TOTALACREAGE: WETLANDS PRESENT: YES yC NO PRESENT ZONING:CS�i�Sd / REQUESTED ZONING: Re-</S'fd %� PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: ;i- FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Date Signature of Fee Owner Date gAplm\forrrs\development review applicatim dm SCANNED Chuck Worm Reasons for another pole building I like the area where I live and would like to stay here More farm equipment purchased since the last building was built I do not like my equipment out in the sun or rain when not being used Cost of equipment has risen and is worth having a roof over its head My equipment has gotten longer and my hay loads have gotten higher With hay you have to be ready if the weather changes you have a roof over your hay and equipment Thanks Chuck __ - - ;s i <. .. .� ..,.,,K;,;� r ate+ '."�.w y '�� ' �, �i �� i .� _ _ _ "� Is w R. • Z -r- o 1r{ 4` � S s LJ r] 45uRvaY FFox.OCHuCti I, -tVmH LIuE 4Z4 94 _ 6= 9 lSkee Exlsrlu , �pqO Os /7bA I TI - . � f70fE: EiPJ �' W NCotA/1Ci rEf 160 q�w UA Z G1S CourJT`4 �NPLR.PAhR( ✓S � �� f rJ0.T9 - 7, 8 l8`j C-U S Pee'CEu eT BT �WJyFP- FjcLSTlp4D�y geto S4M7 7Qo A$r l@rRt enae-R-5.1 425. oo sCQkInc� = WB9°09'lleW - n t No2eaiI4 mm o r 1v u 0 .vwmni�«c ,(1 aY uot�i^ w o cioq� /^/ 0 N0°aNYY�q 4Y O d YY LLN: N .9 9 CNN nua, duQ ._ r z owv c«oaoe� LU W�7 noYw« `dc vuargc �^ wa ur.Wv=amm�Y o`L c^ Y'va mi ma oa'1«u «9u0«N30 Vy .0 /w CN uL^el �0w z N C N�uW vre N cYmw-a cs'w'v�mva n�o 33b,�9rn a d�a«o„o60 I hereby certify that this is a trueandcorrect representation of a survey of the boundaries of file MhUVe &-r—rl6eA prope�i•y in NROfZ County. Minnesota as on file and of record in the Office of the County Recorder in and for said County. That I am a duly Registered Irnd Surveyor under the laws of the list. of MSnnee. Its. � n.tea: �PRIL I212013 CIN CSEN RECEIVEDEIVED APR 19 2013 Allan R. N.etiage Mlnneeote Regle Liatlon No.�l'J°°9 CNN ASWNR INGX" - 636 Beenea Laka •Thrive Norwood Young Aeerlca, Mo. 55397 NOTIn.E OP4AOM 1=1.tRW4S1jep To 'OFT-E Phone 952 445-.4020 Ll CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 9, 2013, 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 for 760 West 96`" Street Variance — Planning Case 2013-11 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 of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of NJ , 2013. ,kAM A A4 A -)I Notary Pub 17"`� Commission ExPi�es Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 21, 2013 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance from Section 20-904(a)(1) of the Proposal: Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet on property zoned Agricultural Estate District A-2 Applicant: Chuck Worm Property 760 West 9e Street Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2013-11. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous(cDci.chanhassen.mn.us or by phone at 952-227-1131, If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feel of the subject site to be notified of the application in writing. Any interested party is Invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commissions recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this stantlartl. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Date & Time: Tuesday, May 21, 2013 at 7:00 p.m. This hearing may not start until later in the evening,depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance from Section 20-904(a)(1) of the Proposal: Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet on property zoned Agricultural Estate District A-2 Applicant: Chuck Worm Property 760 West 96th Street Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead t� What Happens W public hearing through the following steps: 1. Staff will give an overview of the proposed project. the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2013-11. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bbc enerous(Cci.chanhassen.mn.us or by phone at 952-227-1131, If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519,99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested personal. • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethingto be included in the report, lease contact the PlanningStaff person named on the notification. BRADLEY C WORM 750 96TH ST W CHANHASSEN MN 55317-8603 GARY J & MARY LANE BENDZICK 731 96TH ST W CHANHASSEN MN 55317-8603 JOHN E & CYNTHIA N HART 951 HOMESTEAD LN CHANHASSEN MN 55317-8609 LESLIE L O'HALLORAN 710 96TH ST W CHANHASSEN MN 55317-8603 ROBERT A & ELIZABETH K HAAK 770 PIONEER TRL CHANHASSEN MN 55317-8671 THOMAS J & SHARON L MESCHKE 9701 FLINTLOCK TRL CHANHASSEN MN 55317-8637 WILLIAM F & MARY E HEINLEIN 721 96TH ST W CHANHASSEN MN 55317-8603 CHARLES E & SANDRA R WORM TRUS 760 W 96TH ST CHANHASSEN MN 55317-8603 GREGORY M FALCONER 720 96TH ST W CHANHASSEN MN 55317-8603 KAREN KAY HENRICKSON 9651 FLINTLOCK TRL CHANHASSEN MN 55317-8605 PETER A DIRKS 900 HOMESTEAD LN CHANHASSEN MN 55317-8608 ROBERT F ERLER 9600 FLINTLOCK TRL CHANHASSEN MN 55317-8605 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317-8695 DAVID D & STEPHANIE J VIEAU 901 HOMESTEAD LN CHANHASSEN MN 55317-8609 JAMES R & SHARON M HEDBERG 750 PIONEER TRL CHANHASSEN MN 55317-8671 KEVIN J & PATRICIA A ELLSWORTH 9601 FLINTLOCK TRL CHANHASSEN MN 55317-8605 ROBERT & BETTY WOLD 730 PIONEER TRL CHANHASSEN MN 55317-8671 STEVEN J & SANDRA R KADISAK 810 PIONEER TRL CHANHASSEN MN 55317-8673 WESLEY & CAROL DUNSMORE 730 96TH ST W CHANHASSEN MN 55317-8603 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Chuck Worm for a variance from the 1,000 square -feet accessory structure Imitation to allow for a 7,120 square -foot accessory structure on property zoned Agricultural Estate District (A2) — Planning Case 2013-11. On May 21, 2013, 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: All that part of the South one-half of the Northeast Quarter of Section 26, Township 116, Range 23 described as follows: Commencing at a point in the South line of said South one-half of the Northeast Quarter, distant 330.79 feet West of the Southeast comer thereof; thence Northerly parallel with the East line of said Southeast one-half of the Northeast Quarter a distance of 512.47 feet to the point of beginning of the tract of land to be described; thence Westerly parallel with the South line of said South one-half of the Northeast Quarter a distance of 425.00 feet; thence Northerly parallel to said East line a distance of 800 feet more or less to the North line of said South one-half of the Northeast Quarter, thence Easterly along said North line a distance of 425 feet more or less; thence Southerly along said parallel line to the ponint of beginning. Cont. 7.82 acres. 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. SCANNED Finding: The subject site is zoned Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide additional storage for hay and farming equipment. There currently exists a 10,240 square -foot shed on the property. This structure is being used for business storage and not only for agricultural uses; therefore, it is not keeping in harmony with the general purpose and intent of the A2 district. Additionally, the property next to this site, which is also owned and used by the applicant, contains approximately 9,960 square feet of accessory buildings. The agricultural uses could be consolidated in the existing shed. 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2, as a riding academy with a 10,240 square -foot shed. The addition of a 7,120 square -foot shed is not reasonable since there is currently a sufficiently large shed that can be used for equipment and hay storage were its use limited to those that are permitted under the district regulations. The property owner is using the current storage capacity of the building in a manner not permitted by the zoning ordinance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for hay and farm equipment storage. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The owner has a riding academy and a 10,240 square -foot storage shed on the property. There are no circumstances unique to the property that preclude its agricultural use. This does not constitute a unique hardship not created by the landowner since a structure in excess of 1,000 square feet exists on the site. Were all non-agricultural uses removed from the exiting shed, there exists a sufficiently large shed that can be used for equipment and hay storage. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. The City has also granted variances for two structures in excess of 1,000 square feet in 2012. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 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 #2013-10, dated May 21, 2012, prepared by Robert Generous, et al, is incorporated herein. DECISION "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2013-11 a variance from the 1,000 square -foot accessory structure limitation to allow a 7,120 square -foot accessory structure on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 21 sc day of May, 2013 CITY OF CHANHASSEN Chairman Chanhassen Planning Commission — May 21, 2013 21. The grading plan must be revised so that the grades do not exceed 3H:IV. 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 7 to 0. THE CHANHASSEN CITY CODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN WORM, PLANNING CASE 2013-11. Generous: Thank you Chairman Aller, commissioners. This application is a variance request to construct an accessory structure in excess of 1,000 square feet. The applicant is Chuck Worm. The property is located at 760 West 96fl' Street. This is an area of larger lots in the community and they currently, this property's, he owns two properties at the end of this West 96" Street. On the most westerly one there's a 10,000 square foot storage building and some fields and pasture lands and riding areas and then his house is on the property to the east with additional, I believe the stables are on that location. The variance is to construct a 7,120 square foot accessory structure for the storage of hay and agricultural equipment. There currently exists on the property 10,240 square foot accessory building. An additional 9,960 square feet of accessory structures are on their house site so there's a total accessory structure of 20,912 square feet. Part of staff's concern with this is the creation of these large accessory structures in an area that at some time in the future will be converting to single family housing on smaller or more suburban style lots when urban services become available. In May of 2004 the City approved an Interim Use Permit to allow the riding academy on the property. Annually they have to renew their stable permit to continue the use of that for horses. In researching this property for this development we did discover that there was a contracting business associated with the property and our concern is that the existing accessory building is being used in conjunction with that instead of or in addition to the existing agricultural use. Equipment and hay storage on the site so part of our concern is that they're not utilizing the building in the appropriate way for the zoning district. There have been other variances in the neighborhoods for accessory structures in excess of 1,000 square feet. Within the last 2 years there were two. One for an 1,800 square foot accessory structure and one for a 2,560 square foot accessory structure. This property is at the end of the street where those are all located. Then in 2007 there was a variance for an accessory structure off of Homestead Lane which is a large lot development area. The person wanted to expand 10 SCANNED Chanhassen Planning Commission — May 21, 2013 their garage and they had been planning this and so they did receive approval. Historically we have been looking at the 1,000 square foot accessory structure exceeding that for legitimate agricultural uses and so we've had some barns and stables that have been approved for variances in other locations in the community. This neighborhood is full of accessory structures in excess of 1,000 square feet. They range from 2,000 square feet to 13,500 square feet of accessory structures. We're creating a little conclave of these large accessory structures in the community. We want the Planning Commission to be aware that if this is approved that they will have added to that area. Staff is recommending that the Planning Commission as the Board of Appeals and Adjustments deny the variance and adopt the attached Findings of Fact and Decision. And the attached Findings of Facts, I did provide you with a revised ones. The City Attorney discussed this and he wanted us to change Finding B and D and I'll just read the new language that we added in there. Under Finding B we added, the addition of a 7,120 square foot shed is not reasonable since there is currently a sufficiently large shed that can be used for equipment and hay storage were it's use limited to those that are permitted under district regulations. The property owner is using the current storage capacity of the building in a manner not permitted by the zoning ordinance. And then under D we added on the second sentence there, no circumstances unique to the property that preclude it's agricultural use. And then at the last sentence we added, were all non-agricultural uses removed from the existing shed, there exists a sufficiently large shed that can be used for equipment and hay storage. With that I'd be happy to answer any questions. Aller: Bob in looking at this, if I'm remembering correctly, and I know I voted against both of the other variances in the last few years. One was the result of, it actually had a building permit taken out and then was not, they weren't able to complete the structure, the garage structure and then they came back. That was one of them. Generous: Well they came in for a permit and they wanted to expand the accessory structure and we said no, you can't do that. You need a variance. Alley: But before that they had built basically a pad already for the structure. Generous: Yeah, they had a large area. Aller: And then financially they just couldn't complete it and then time passed. Generous: Right. Alley: And they came back to complete it. Generous: Yeah, the one guy had the intent of building this large structure and he didn't just have the money at the time so he cleared out an area. Never came in for a permit but his intent was to do it and then he came in and requested the variance. Aller: Okay, and then the other one was for agricultural use? Aanenson: No if I can clarify. The other one, the building was, it collapsed. Was existing non- conforming and it had collapsed. He wanted to go larger. Aller: Go larger. Aanenson: To resolve some drainage issues. 11 Chanhassen Planning Commission — May 21, 2013 Aller: That was the second one, yeah. Okay. And then what's, what is the business that's currently being associated with the property? Generous: It's an excavating business. A contractor. Allen: Okay, so that's not agricultural in nature. Generous: No. Aller: Okay. Generous: Unless you're tiling. Alley: And if this is approved, that would make this the largest square footage. Generous: Yeah. Accessory structure in that neighborhood, correct. I should note that we did provide an alternative if the Board were to approve the variance that they add the 6 conditions, which are outlined in the staff report. Plus we'd need to come up with additional Findings of Fact and Decision for them. Aller: I don't have any further questions. Anyone? Questions of staff and then the applicant would have the ability to come forward and you can ask questions of him too. Withrow: Just a point of clarification. The proposed accessory building would not be the largest in that area? Is that, was that? Aller: No, it's the largest in the amount of square foot total for accessory structures. Aanenson: Cumulative. Withrow: On that property? Aller: On that property as opposed to all the other properties. Withrow: Okay, fair enough. And then what about having accessory buildings on the property makes it difficult to meet the future planning? Aanenson: Well if you look at this over time, you know the City in their Comprehensive Plan has said we're not going to be agricultural in the long run down the city so when you put a building of this size in there, over time as the city changes use, there will be development immediately to the west of this, you have a conflict there if someone, because someone were to buy that property in the future, the current owner were to sell, the desire then would be to use it for, if they didn't want to use it for a riding stable. Would want to use it for some other type of, maybe someone would want to use it for storage but somebody might want to use it for something else. For the same reason the city eliminated contractor's yards. They did allow contractor's yards in the southern part of the city for conditional use and interim use and we've slowly over time eliminated those. As we've become more urbanized there's a lot of conflict with those. That's our number one complaint in the city is contractor's yards adjacent to residential areas where you have people coming in down a residential street and people working. Now everybody in this neighborhood has that type of use. There's a different tolerance level out there. I don't want to dismiss that. People tend to know what's in that neighborhood but over time those tend to be, they don't go away. Those size buildings. 12 Chanhassen Planning Commission — May 21, 2013 Withrow: Okay. Aanenson: So that's our concern and that's what we're trying to raise to you tonight. However you vote on that is just to keep that in mind. Withrow: Thank you. Alter: And I believe it was, was it in 2005 that we started limiting the accessory structure sizes in the agricultural, and only allowing for agricultural use? Aanenson: I had 2007 it says in the staff report. Yeah, 2007. Aller: 2007. Aanenson: Yeah, and again that even goes back to just people that had garages that were in excess of so it may be a garage. If they had a larger lot that was maybe 3,000 and again maybe they're storing hobby cars in there. Maybe they're doing a side business. Cabinetry, those sort of things and those become problematic for the neighbors and it's a code enforcement issue when we have neighbors that are building cabinets you know around the clock and other people in the neighborhood don't expect that in their residential neighborhood. Kind of separating the commercial type use from the residential use. Alter: Okay. Any other questions of staff? Is the applicant present and wishing to make a presentation? Sir, please come forward and step up the podium and state your name and address for the record. Chuck Worm: I'm Chuck Worm Alter: Welcome. Chuck Worm: My proposal for the additional building here is to store more hay, equipment for farm use too and we do have excavating and I have a conditional use permit on a site west of Chaska so we go back and forth with farm equipment and excavating equipment so I just, and to the west of us we, I usually rented farm barns and things like that and while most of the time they get eaten up by development and things like that so it's hard to find hay storage and things like that. And we're trying to, we make hay at the Minnesota Arboretum and they want, they want, they've got 3 farmers in there right now making hay and they want to narrow that down to one person on the property so I'm making probably 20 acres right now and they got a total of 86 so if I propose or throw, put a bid in to get that, then I add another 66 acres or whatever to my haying business too so it's hard to keep storage you know when it keeps disappearing so that's why I'm kind of looking to do it for myself. My own self. Alter: The report indicated that, in the proposed findings that if you took the business equipment and kept it in Chaska it sounds like, at that location, would there be sufficient space then to take the additional hay and put it in there and store it so that you have one place for your agricultural items, the hay and another place for your business equipment, which is preferred by the City anyway and that would be in Chaska? Chuck Worm: I probably wouldn't have enough storage at the Chaska facility. Alter: For the business equipment. Chuck Worm: For the business equipment too. Yep. 13 Chanhassen Planning Commission — May 21, 2013 Aller: I guess the other question is what are you going to do about the fact that the business equipment isn't necessarily supposed to be where it is now? Chuck Worm: I don't know. I got good neighbors and nobody's ever complained in 13 years or 14 years that I'm going in and out the driveway. Aller. Okay. Sandy Worm: We use the trucks for hauling shavings. We use it for hauling manure out just for our neighbor last week so a lot of the equipment is. Aanenson: Mr. Chair, it's just hard for you to hear. For them to get on the microphone. Aller: Yeah I was going to say if you want to come up, that would be great. Just state your name and address for the record, that would be wonderful. Sandy Worm: Sure. Hi, I'm Sandy Worm. His wife and we do use some of the equipment dually. We use the dump trucks for hauling in shavings and we haul, we use the semi for hauling in the round bales so that's how we transport you know all this stuff in is with the trucks so, just so you know that too. It's not just you know definitely the agricultural and the excavating. They go hand in hand so. Yeah, so just keep that in mind. Aller: And then how much hay is created because I have no idea when, if you've got the 66 and then what is your likelihood of getting the 66 acres? Sandy Worm: Well actually we do make a lot of hay. We make the field alongside of Marty Schutrop. That's the tight field. We do some of Tim Erhart's meadow land. We do a field in Chaska. Chuck's home site so there's a lot of. Aller: But I mean as far as storing hay on your property. Do you go next door and take his hay and put it on your property and go to the other location, that's where you get your hay now? Sandy Worm: Yes, exactly. We have another. Aller: And then how much hay do you actually have on your property on a normal year? Chuck Worm: Well between, we've got a, since we can't find like a hay barn to store hay in, we've got a, what is it? 50 by 80 foot building right now that was used for farm equipment and combination excavation equipment and right now we can, we fill that up from one end to the other. And another 60, right now I've got 66 acres. Another 66 acres would double that so that's kind of why I'm trying to get the additional storage. It's hard to find storage. Aller: Okay, it gives me a better idea of how much hay you're talking about and the size requirements. Chuck Worm: Yeah. Yeah. Aller: And then if you, but if you do that still, we still have to resolve that issue with the mechanical business equipment as opposed to the agricultural equipment, even if you have one or two items that are agricultural. What about the rest of the items? Sandy Worm: What size is Jesse's shed? There's a big shed out there 14 Chanhassen Planning Commission — May 21, 2013 Chuck Worm: Well yeah, we've got another big storage building which is, I think it's 50 by 120 or something like that and it's full of combination again you know farm equipment. I keep a lot of farm equipment out there in the winter with my excavating equipment so it kind of, you know my business kind of works together you know so I'm just not, just not excavating. We're always fanning too so it works together. Aller: Okay great. Any other questions of the applicant? Undestad: You keep horses and stuff out there on a regular basis... Chuck Worm: Yep. Sandy Worm: Oh yeah, it's Bobcat's moving manure all the time and yeah, we're feeding hay. We're using the Bobcat's all the time. Actually I own my own so. Aller: Okay, anyone else have questions of the applicants? Weick: Is the riding academy, is that an ongoing business today? Sandy Worm: Is it what? Weick: Is it a business ongoing? Sandy Worm: Yep. Yep. Mostly Saturdays now and then when school gets out we'll do our summer hours and change to the summer. Aller: And that's permitted on an annual basis as stated in the report, right? Sandy Worm: Yes. Weick: I don't know anything about hay obviously but is this a seasonal thing? Is it stored just certain parts of the year and then the building would be pretty much vacant, is that correct? Chuck Worm: Yeah, I usually by spring, by May the storage hay shed I've got right now, it would be empty and at this time we, you know if we got additional equipment, I don't like to have it outside so it goes in that shed until we start making hay probably in 4 weeks so then that all starts over again and usually our, the last day is about September -October so yeah. Weick: Is it common to have a structure, you know a fairly substantial structure to store a commodity like hay? Or are there other temporary types of structures that would be useful? Sandy Worm: Not for horses because you don't want any mold on it so. Some people you'll see it stored outside but that's more for cattle because horses get very sick from the mold so. Aller: Thank you very much. Sandy Worm: You bet. Aller: Anyone else wishing to come forward, we'll open up the public hearing for purposes of comment. Speaking for or against the proposal. 15 Chanhassen Planning Commission — May 21, 2013 Marty Schutrop: Marty Schutrop again. I live just south of Chuck and you know I guess I've never understood this ordinance that the city did in 2005 because I went last year I wanted to build, I have a 2,500 square foot building on my property and I have horses and I wanted to build a 1,000 square foot additional hay thing and I was told that you're never going to get it through the council and I was basically told you can't do that anymore because they're not going to allow any of these buildings anymore so, and I do sympathize with Chuck about storage and running a business and trying to keep it all, and keep the neighbors happy so, but I guess if the council approves buildings in this area, why wouldn't they approve them half a mile down the road then is what I'm saying. Maybe the council needs to look at people that are actually have acreage that want to just have enclosed stuff instead of putting their stuff outside, that we can put it into some buildings so that's my comments so. Aller: Thank you. Gary Benziek: I'm Gary Benziek. I live at 731 West 96th Aller: Welcome sir. Gary Benziek: And I find it kind of comical we're here again on this same issue. I watch Chuck all summer long drive wagons of hay home. A farmer's nightmare is a sudden cloud burst and right now he has nowhere to pull those wagons in if that's the case. This building would give him that opportunity to do that. I grew up on the farm and I know what haying is and I know what is required to keep it dry. If you're going to have good hay for your animals it must be taken care of properly. I'm in favor of this proposal, more on the line of again the same issue as last year. These are large acre lots in a R-2, A-2 area and I find it hard to imagine that these lots should be lumped into the same restrictions that a city lot of a quarter to maybe a third the size of any of these lots have. That's why we purchased these lots so that we could have room to have equipment if we needed to. We understand the zoning with businesses. I don't think it's staff s job to say well maybe a business is going to be there. If a business is there it's staffs job to do what the ordinance says and eliminate that problem. I don't think it's staffs job to say well we think this might happen. When I moved in I was told there's going to be a street right next to me so I put two rows of evergreens to shade, or to you know hopefully screen that street area. Two years later when I put up my building I was told there was never going to be a street there so to guess what's going to happen down the road I don't think is, you know it's great and I applaud staff for doing the job they do but yet I don't think that some of these issues should be decided on what might happen. Again as I stated last fall, this is all very, very wetland. If this was ever changed into the type of dense housing that would be up here, they'd all have to be on poles. It's swamp. My sump, both sump pumps are running every 10 seconds right now from the rain we've had and they'll continue to run that way all year so the only way this could ever become a denser area is if the whole development was bulldozed down, the soil corrected and that would happen. When I did my building I was told there's going to be an area in the city, you're one of them that will never be small residential lots. And again never say never but that's what I was told and I advised that you know, would wish the council would approve their request for a variance because they have plenty of acreage to meet the criteria and what they're doing is only going to enhance the property. One last comment in regards to that once this building is up it can never, you know it's going to be a problem if future development ever did happen. It's an agricultural building. It's a pole building. Pole buildings have never been considered anything more than a temporary structure. Most counties you don't even need to have a permit to build one. If it's for agricultural because it's considered temporary so if development ever did proceed that way, this building could be removed with no more work than it was to put it up. Thank you. Aller: Okay, thank you. Anyone else wishing to come forward to speak forward or against? Seeing no one, we'll close the public hearing. Comments. 16 Chanhassen Planning Commission — May 21, 2013 Yusuf: Can I ask a question? Aller: Sure. Who would you like to talk to? Yusuf. Martin Schutrop. Right there. I have a question for Martin Schutrop. You had mentioned that you recently requested an addition to your lot and it was denied. Marty Schutrop: Well I was told that don't even bother applying because we, you, I already had a 2,500 square foot building and I wanted to put up another barn to take the hay out of that and put it, because we have 6, 5 or 6 horses too and it's a mess in there so we just wanted a little separate building for the hay that was closer to the pasture and they said no. You've already got your building and we're not, we won't approve anything. You'd have to go through, every one of your neighbors would have to approve it and my neighbors don't like anything I do so it doesn't really matter so I didn't even bother doing it so. Aanenson: Can I just make. Marty Schutrop: And I didn't know the ordinance had changed. I was never notified as a resident that I couldn't add additional buildings onto the property. Aanenson: Let me make a clarification. Aller: Well yeah. Aanenson: First of all we don't, we only recommend. We always tell people before they apply what we're going to recommend so they go into that knowing that we're, this is what the ordinance says. We're going to make the interpretation. Obviously the Planning Commission makes their recommendation. If you don't get the majority vote, you have a right to appeal it to the City Council so we don't also poll the neighbors. The neighbors give you input for your information. For additional information for public hearing. We don't ask you to get your neighbors to buy in on any additional changes... Marty Schutrop: Well and I agree that on smaller lots it makes sense but I have S acres and I have one little building out in the middle comer. Aanenson: Yep and. Marty Schutrop: To put another building out there wouldn't affect anybody really. Aanenson: Well we're not hereto discuss the merits of that application. Yusuf: I had a follow up question please. Aanenson: Okay. Yusuf. The reason why I brought up that first question was to ask you, as we're all educating ourselves about the hay business and storage of hay, what other options might there be to store the hay if you didn't get the additional lots, or the additional building? Marty Schutrop: Oh for me or for Chuck? 17 Chanhassen Planning Commission — May 21, 2013 Yusuf: I guess for Chuck. Marty Schutrop: Well he has a lot more horses than I do and he cuts hay where we just get it delivered so we only bring as much hay in as we need for probably 2 or 3 months. Yusu£ Okay. Marty Schutrop: We don't store enough hay for a year so we just get hay every few months and put it into a smaller area so. Yusuf: Well thank you for that. Aanenson: Mr. Chair, I guess that was my question too. So was the volume of hay to, for the whole, to make it through the whole year or is there another reason to store the volume? I guess I wasn't clear on that and we didn't ask that question but I guess I'm learning about the hay storage. Allen. I guess we should ask. Can you answer that question sir? Chuck Worm: What was the question? Aller: How much, when you're storing hay, are you doing it for the entire year then? You harvest hay once and then store it at whatever location? Chuck Worm: Yes. Aller: Have you in the past obtained hay and had it delivered as your neighbor has? Chuck Worm: Yeah well we cut, most likely 3 times a year on each field and we do sell some hay to the neighbors and other people that do need it or whatever. We make large round bales. Round bales take up a lot of space so, but yeah we do keep enough storage to feed until you know all the time. We feed dry hay all year round. We don't pasture them, or not much. Little bit. Aller: Great, thank you. Aanenson: Yeah I guess that was my question is it for their purposes or is it for a larger purpose, yeah. Yeah, that's what I guess. Hokkanen: So was the hay for your own personal horses only? Is that clarification mostly? Aller: No, he sells some. Chuck Worm: No, we sell some to the neighbors and people... Hokkanen: Okay. Aller: Okay, public hearing has been closed so discussion. Undestad: I have a comment on here. Just you know I think your comment about maybe that their place having the most square footage when this is done, you know that, I don't disagree with that. They also have the largest site in the whole thing. 18 Chanhassen Planning Commission — May 21, 2013 Aller: Right Undestad: But I think what we're, you know what's kind of missing on this picture, you know when Degler's came in for there's, they've got the big farm but Gayle also fames a lot of land around Chanhassen just like the Worm's do so not only is it you know their little farm area here but they're farming a lot of acreage around town and need the storage on there too so like the Degler's they're using it to feed their livestock so I think it's, you know it's a little different again than these other buildings we have looked at on there. Some we approved. Some we didn't but you know I think this is more of an agricultural use than any of the other ones we've seen in there so. Alley: Okay. Anyone else comments? I'm going to be consistent and I'm going to vote against unless someone wants to try to convince me otherwise but I still feel as though there have been findings that there's a commercial business going on at the property and as it's been stated, and a request has been made not to think about what might happen, I know what's there now is a commercial business and until an effort is made to exclude all the commercial business and equipment and see whether or not the hay actually fits in what's there, then perhaps the request is premature so that we can see. I'm also hearing that there's an excess of hay that's being sold and there's a question as to whether or not that's running an agricultural business as opposed to an agricultural lot, which might be prohibited as well so the nature of the property isn't necessarily unique for the storage there. I know it's, that's zoned agricultural but I'm going to be consistent with what I've been doing all along which is to indicate that the plan has been to restrict these. They didn't cut them out completely. They reduced the size and said we have to be very, very careful about the structures that are going in. Had there not been a business I think I might have swayed the other way but since there is a current business on the property I think that we have to take a look at that and perhaps move the equipment and make sure that all the equipment and all the businesses are not running at the property. Making a concerted effort to see whether or not the hay can be stored, and sufficient hay can be stored at that point in time. So that's my feeling on that. Tennyson: I agree with the consistency. I feel that the analysis of how a variance is applied is the same as it's been in the past and that's the way I've voted in the past. Aller: Your mileage may vary. Anybody have comment? Weick: This is very difficult and I would agree that the one, the amount of equipment that's being stored in the building that's there now that is being used for a purpose that's inconsistent with the zoning, to me that's you know, that's the largest circumstance so I would agree. Aller: Any additional comments? Questions before we vote. Would anyone like to make a motion either for or against the request for a variance? Tennyson: I'll make a motion for denial. Allen: Okay, whatever the motion is. Tennyson: The Chanhassen Board of Appeals and Adjustments denies the variance request to construct a 7,120 square foot accessory structure and adopts the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Weick: Second. Aller: I have a motion and a second. Any further discussion, questions or comments? 19 Chanhassen Planning Commission — May 21, 2013 Tennyson moved, Weick seconded that the Chanhassen Board of Appeals and Adjustments denies the variance request to construct a 7,120 square foot accessory structure and adopts the attached Findings of Fact and Decision. All voted in favor, except for Undestad and Hokkanen who opposed, and the motion carried with a vote of 5 to 2. Aller: Anyone that's aggrieved of the decision by this commission serving as the Board of Appeals and Adjustments should file an appeal in writing, and that's a short period of time. It's approximately 4 days so sir if you want to appeal the decision go ahead and just request that in writing with the staff. Chuck Worm: Okay. Aller: Thank you sir. Chuck Worm: Yep,thanks, Aller: Anything further? CITY COUNCIL ACTION UPDATE: Aanenson: So the next item on your agenda for the council. Aller: Yeah I was going to look for the minutes. Aanenson: Yep, that would be the apartments that were approved on April 22°d. So we're still waiting for the land use amendment to come through on that one so we haven't put the site plan together on that. Then also in your packet were some new signs that were issued so it's indicated for us because we don't have a business license requirement regarding the Chanhassen Wellness Chiropractic and the Massage. Upcoming agendas, just a reminder to you. On next Tuesday, because the council will not be meeting on Monday because of a holiday, is the joint work session so on that you'll be receiving a packet. That's been on this, I'm not sure if everybody's got it on their radar. If you cannot make it, I'll send out a reminder and I'll have Kim, if that's ahight, just email you the packet. It's, what I put in there, those of you that are new didn't receive this. We do an annual review. It's part of the City Code that we give you an update so we talk about how many permits were issued. We kind of adjust the population projections. And then we also talked about some things that we'll be working on this year. We also included in that, those of you that were in attendance on the new normal, kind of put the summary findings in there too so those will be our talking points so you'll be getting those here probably Thursday. If you are unable to attend will you let me know and so I can let the council know but that would be and the work session is in the Fountain Conference Room. I can't remember exactly what time you're on at so, but that's scheduled. And then the item that's on for June 4 ° is a question mark. There's still some issues on that that we're trying to resolve so that issue may not be on and that would be the Preserve at Rice Lake so there may not be a meeting on June 0. There will be one on the 18'". That item will probably be moved down but we did receive another subdivision last week and that's on the Jeurissen property which is in that 2005 study area. So that's single and twins and that's the piece kind of to the, it'd be south of what Degler has and to the east of the Ryland Pioneer Pass so, so yeah it looks like a really nice subdivision so you'll be seeing that one. We do have a lot of applications we're working on now including commercial. Yeah, quite a few commercial projects and a couple of the residential subdivisions. The easy pieces are gone. The rest of this is a little more problematic. There's another one on Galpin that's kind of working through some issues there. Trying to get the lot sizes a little bigger to make them work better so we'll be busy. Right now we're just kind of working through some design issues on that so, so we anticipate those coming through. And then we haven't set the joint tour yet with the Environmental Commission and the Planning PTO] CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-11 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, May 21, 2013, at 7:00 P.M. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing Is to consider a request for a vari- ance fromSection 2P904(aXl)of the Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet on property zoned Agricultural Estate District (A-2) and located at 76o West 96th street. Applicant: Chuck Worm. A plan showing the location of the proposal is available for public review on the City's web site at wwwci.chanhassen.mn.us/2013-11 or at City Hall during regular busi- ness hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenemus@ci.chanhassen. mn.us Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday, May 9, 2013; No. 4Wg) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. Y rT was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghi)kimnopgrs vwxyz Laurie A. Hartmann Subscribed and sworn before me on of this L—My Of r I 1 13 % ,r, 1 OV59 1_ RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SCANNED 6 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2013-11 NOTICE IS HEREBY GWEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 21, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance from Section 20-904(a)(1) of the Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet on property zoned Agricultural Estate District (A-2) and located at 760 West 96th Street. Applicant: Chuck Worm. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2013-11 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerousna,ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on May 9, 2013) Generous, Bob From: Sinclair, Jill Sent: Thursday, April 25, 2013 9:49 AM To: Generous, Bob Subject: 760 W 96th Hi Bob, I have no comments regarding the variance request. Jill Sinclair Environmental Resources Specialist City of Chanhassen 952-227-1133 SCANNED E Generous, Bob From: Littfin, Mark Sent: Wednesday, April 24, 2013 9:43 AM To: Generous, Bob Subject: Planning case 2013.11. PID 25-0261610 and 25-3650020 Bob, I have no issues or concerns with this project. 3farkLittfin Chanhassen Fire Marshal 7700 Market Blvd. PO box 147 Chanhassen MN. 55317 Direct 952.227.1151 Fax 952.227.1190 SCANNED MEMORANDUM TO: Bob Generous FROM: Jerriu Mohn, Building Official DATE: April 23, 2013 SUBJ: Request for a variance from Section 20-904(a)(1) of the Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet on property zoned Agricultural Estate District (A-2) and located at 760 West 96th Street. Planning Case: 2013-11 I have reviewed the plans for the above project and have the following comments: As the property is less than ten acres the agricultural exemption from building code requirements does not apply. Building permit(s), plan review and approvals are required for the proposed building. G1PLAM2013 Planning Cases\20I3-11 Worm Variance-760 West 96th SD-W\buildingofficialcommcnts.doc SCANNED 11 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 05/13/2013 10:13 AM Receipt No. 00219099 CLERK: AshleyM PAYEE: Chuck or Sandy Worm 760 W 96th Street Chanhassen MN 55317- Planning Case 2013-11 760 West 96th Street ------------------------------------------------------- GIS List 54.00 Total Cash Check 6435 Change 54.00 0.00 54.00 0.00 SCANNED To: Chuck Worm 760 West 961" Street Chanhassen, MN 55317 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Invoice RE: 760 West 96`" Street Variance Planning Case 2013-11 SALESPERSON DATE TERMS KTM May 9, 2013 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 18 Property Owners List within 500' of 760 West 961" Street (18 labels) $3.00 $54.00 TOTAL DUE $54.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for May 21, 2013. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2013-11. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! 3CANNEI- �T Y o f• y � 9'yH ASS Date: Apri122, 2013 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: May 10, 2013 By: Robert Generous, Senior Planner Subject: 760 WEST 96TH STREET: Request for a variance from Section 20-904(a)(1) of the Chanhassen City Code to construct an accessory structure in excess of 1,000 square feet on property zoned Agricultural Estate District (A-2) and located at 760 West 96th Street. Applicant: Chuck Worm. Planning Case: 2013-11 PID: 25-0261610 & 25-3650020 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 19, 2013. The 60-day review period ends June 18, 2013. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on May 21, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 10, 2013. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services S. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Carver County, MN r 1 RR r�Q� 9 4 nt t L� a �.. .•._-"'1�d1rJ8!--i7�t'il'_ ^' s:/ Property Information Parcel ID: 253650020 AS400 Acres. Taxpayer Name: CHARLES E & SANDRA R WORM TRUS Homestead. Y Taxpayer Address: 760 W 96TH ST School District: 0112 Taxpayer City St. Zip: CHANHASSEN, MN 55317-8603 Watershed District: WS 064 RILEY PURG BLUFF CREEK Property Address: 760 96TH ST W Tax Exempt N Property City: CHANHASSEN Platname. JEURISSEN ADDITION GIS Acres: 2.5 � mA� u�Wu:Vc Couay,Geograpm Map Scale N lnbnrnbon systems (GIs), n a s o r,AaOan a aparrAEm and mm ftw rari Cdy, ty, sate, mo rea.,a �. TM a 1 inch = 605 feet surveys a teGa�Y remraea map artl n nteneee m m uee n a W heE mkrmce. Caryer county u not respornlo�e hx any +iacnmxles corsairs rein. Map Date 4/22/2013 S q CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION rKm I Applicant Name and Address: l2buck W&Rr.-. 7(")i, LJ C11,'H St rAny% Mu Contact: Phone:9S:2 ala-Z7Y Fax:9Q 49b-Q9VS- Email: Planning Case No. r_*�d l 3 — I I CITY OF CHANHASSEN RECEIVED APR 19 2013 CHANHASSEN PLANNING DEPT Property Owner Name and Address: ('} uc'K Study LJO tra -7, c u) qL,u T �Aan W)nl SS317 Contact: c o Phone:�5� LJU =2874 Fax:9S -d y Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Y Variance (VAR) 2--C Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment k— Notification Sign —� (City to install and remove) X Escrow for Filing Fees/Attorney Cost** _UP/SPR/VACA/ARNVAP/Metes & Bounds 450 Minor SU,,77�� B TOTAL FEE S�((��Oct C K-4 ';IL �?`I ' An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT N LOCATION: LEGAL DESCRIPTION ANDPID: ��e�-2blblo #-a5��s`oo r o �?��,Sse., ad. got � g►�k l TOTAL ACREAGE: ID. WETLANDS PRESENT: YES }C NO PRESENT ZONING: REQUESTED ZONING:—. /Q�ySfd PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Date Signature of Fee Owner Date g:\plan\fomts\development review applicarimAm SCANNED Adk Chuck Worm Reasons for another pole building I like the area where I live and would like to stay here More farm equipment purchased since the last building was built I do not like my equipment out in the sun or rain when not being used Cost of equipment has risen and is worth having a roof over its head My equipment has gotten longer and my hay loads have gotten higher With hay you have to be ready if the weather changes you have a roof over your hay and equipment Tbanks Chuck z.., t SCANNED a: • w'�iH � e NO si A N m 0 0 F - o P H �7 3 P LV 7 a C C 7 O � W 09 A + Z 0m m w a 0 m m DO a tl r,0 S mi n ? nn a 0c c w m Z m O n r 7 ro m ° oz KW� 7 r m O 11 m O P m m CL O A m P r NO s m S £ � [" m m m 14 07 x aq n O n m m P m O 3 P z m ? o l�r M r U J 3 Ut 0 w � o a m m 0 T 1, P c �) 2 j N 00 2g`4�' 92" 7 C y !l 0. tz z___ _ Lit - U) SE 00aQu a�NE%Y4EC, LoIT" tI(o)i�.Z3 LEG,.RL DESLRIP W)t� ' \ 93a All that part of the South one-half of the Northeast Quarter of Section 26, Township 116, Range 23 described as follows: t a int in the eastCQuarter,tgdistanto330.79 feetSouth West ofnthefsaid Southeasttcornerhalf of thereof;hthenceh Northerly parallel with the East line of said South one-half of the Northeast Quarter a distance of 512.47 Feet to the point of beginning of the tract of land to be described; thence Westerly parallel with the South line of said South one-half of the Northeast Quarter a distance of 425.00 feet; thence Northerly parallel to said East line a distance of 800 feet more or less. to the North line of said South one-half of the Ner-theasit Quarter; thence Easterly aing said North line a distance oT 425 feet more or less; thence southerly along said parallel line to the Point of beginning. Cont. 7.82 acres. LJ M rn orb d L 0 E 0 CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 04/22/2013 3:07 PM Receipt No. 00217533 CLERK: AshleyM PAYEE: Sandy Worm 760 W 96th Street Chanhassen MN 55317- Worm Variance Request- 760 West 96th Street Planning Case 2013-11 ------------------------------------------------------- Use & Variance 200.00 Notification Sign 200.00 Recording Fees 50.00 Total Cash Check 2891 Change 450.00 0.00 450.00 0.00 SCANNED WORM VARIANCE REQUEST-760 WEST 96TH STREET PLANNING CASE 2013-11 $200.00 Variance $200.00 Notification Sign $50.00 Escrow for filing fees (Variance) $450.00 TOTAL $450.00 Less Check 2891 from Chuck Worm $0.00 BALANCE REMAINING TO BE PAID sCArJNF'-