PC Staff Report 6-17-08
PC DATE: 6/17/08
[I]
CC DATE: 7/14/08
CITY OF CHANHASSEN
REVIEW DEADLINE: Waived
CASE #: 08-10
BY: AA, AF, JM, TJ, JS
PROPOSED MOTIONS:
A. The Planning Commission recommends approval of an amendment to Conditional Use Permit
#87-2 to permit 60 additional outdoor storage spaces to be located in Phase III of the site subject
to conditions 1 through 12 in the staff report and adoption of the attached Findings of Fact and
Recommendation."
B. "The Planning Commission recommends approval of a sign variance to allow one monument sign
along Highway 212 frontage, in addition to the permitted monument along Stoughton Avenue
with conditions 1 through 4 in the staffreport and adoption ofthe attached Findings of Fact and
Recommendation."
SUMMARY OF REQUEST: The applicant is requesting an amendment to Conditional Use Permit
No. 87-2 to expand the outdoor parking area to allow 60 outdoor storage stalls (current approval allows up to
24 rental vehicles); and a Sign Variance Request.
LOCATION: 1900 Stoughton Avenue
~
Mr. Craig Mertz
Craig M. Mertz Law Office, P .S.C.
600 Market Street, Suite 240
P.O. Box 623
Chanhassen, MN 55317
APPLICANT: Mr. Jacques Gibbs
6921 Beach Road
Eden Prairie, MN 55344
612-386-3140
gibbs@nmfu.com
PRESENT ZONING: Fringe Business (BF) District
2020 LAND USE PLAN: Office Industrial
ACREAGE: 6.82 of 16.29 acres DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi judicial decision.
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 variance. The City has a relatively high
level of discretion with a variance because of the burden of proof is on the applicant to show that
they meet the standards in the ordinance.
Nick's Storage & Parking
June 17,2008
Page 2 of 13
PROPOSAL/SUMMARY
The subject site (Parcel A) is located at the intersection of Highway 212 and Stoughton Avenue,
near the Chaska border and is zoned Fringe Business (BF) District. The BF district allows cold
storage as a Conditional Use Permit (CUP 87-2), screened outdoor storage as an Interim Use Permit
(IUP 92-1) and one 24 square-foot, 5-foot high monument sign.
ADJACENT ZONING: The property to the northwest (Parcel B) is vacant and is also governed by
Conditional Use Permit 87-2 (this issue is discussed in detail in the BACKGROUND section ofthe
report). The property to the northeast, across Highway 212, is zoned Agricultural Estate (A2)
District. The property to the east is a single-family home and zoned Fringe Business (BF) District.
The property to the south is a single-family home and is zoned Agricultural Estate District (A2).
WATER AND SEWER: Water and sewer service is not available to the site until Municipal and
Urban Service Area (MUSA) phasing, scheduled for the year 2015. The applicant will need to
provide stormwater improvements for the subject site. The stormwater improvements must
comply with Natural Urban Runoff Protection (NURP) standards.
Nick's Storage & Parking
June 17,2008
Page 3 of 13
APPLICABLE REGUA TIONS
Chapter 20, Article II, Division 3, Variance.
Chapter 20, Article IV, Conditional Use.
Chapter 20, Article XX, Fringe Business District.
Chapter 20, Article XXVI, Division 1, Sign Variance.
BACKGROUND
On May 4, 1987, the Chanhassen City Council approved Conditional Use Permit (CUP) 87-2 which
was comprised of 16.29 acres (area outlined in red in the photo below); the subject site (Parcel A:
6.82 acres); and the abutting parcel to the north and west (Parcel B: 9.47 acres). The CUP was
approved for eight storage buildings to be constructed in three phases; a storm water pond on the
northernmost comer of Parcel B; and one monument sign along Stoughton Avenue.
The storage buildings in Phases I and II were constructed soon after approval of the CUP and
occupied approximately 20% of the total 16.29 acres, while Phase III remained vacant. A condition
of CUP 87-2 prohibited outdoor storage on the site.
On February 10, 1992 the Chanhassen City Council approved an amendment to CUP 87-2 to allow
the rental of trucks and trailers with the following conditions:
Nick's Storage & Parking
June 17, 2008
Page 4 of 13
1. The applicant shall provide a landscaped screen with evergreens along the fence line at the
southwest comer of the site.
This condition has been met
2. The storage of the trucks and trailers shall be confined to the area shown on the site plan and
the area shall have a gravel surface.
This condition refers to the area along the fence line in the area labeled Phase III. located
in the northwest corner of Parcel A (approximately 3% of the 16.29 acres). The site is in
violation of this condition. There are vehicles being stored throughout the Phase III area
as well as along the eastern portion of the property. Also, the current owners have
discontinued the rental service and are storing miscellaneous vehicles such as boats,
recreational vehicles, motorcycles, personal trailers, cars, etc.
3. The applicant shall provide a landscaping plan acceptable to the Planning Commission and a
letter of credit shall be submitted to cover the cost of material installation and one-year
warranty.
This condition has been met
4. There shall be no more than 20 trucks and 4 trailers and no trucks can exceed 26 feet in
length.
The current number of vehicles stored on site far exceeds the number specified in this
condition. Also, the applicant is requesting an amendment to this condition to allow 60
parking stalls.
The City Council also approved the first reading of an amendment to the Fringe Business District
to allow screened outdoor storage as an Interim Use in the BF district. The City Council tabled
action on the Interim Use Permit (lUP) to allow outdoor storage until the second reading of the
ordinance amendment.
On February 24, 1992 the City Council approved the second reading ofthe zoning ordinance
amendment to allow screened outdoor storage as an Interim Use Permit in the Fringe Business
(BF) District. The City Council also approved Interim Use Permit 92-1 to allow screened
outdoor storage for the mini-storage facility located at 1900 Stoughton Avenue.
Administrative Subdivision
Minnesota State Statue 272.162 exempts commercial parcels that result in an area of five acres or
larger from the subdivision process. As such, the 16.29-acre parcel was administratively
subdivided into two parcels, Parcel A (6.82 acres) and Parcel B (9.47 acres), and was recorded at
the Carver County offices on June 22, 2004. This lot split did not require a public hearing nor
did City subdivision regulations apply.
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June 17, 2008
Page 5 of 13
When the 16.29-acre parcel was split, creating Parcel A and Parcel B, the legal description for
Conditional Use Permit 87-2 was not amended to exclude either parcel. Therefore, the
conditions of approval for CUP 87-2 and IUP 92-1 are still applicable to both Parcels A and B.
Parcel A contains the approved storage buildings and outdoor storage area (Phase III) and Parcel
B contains the approved green space and ponding area.
Parcel A was sold to the applicant in 2004. As a result, Parcels A and B are now under separate
ownership. This creates a conflict with regard to enforcing the conditions of approval or
revoking the conditional use permit in its entirety. The required pond located on Parcel B was
never installed, nor is there a drainage and utility easement allowing Parcel A access to that area
or the authority to install the pond. Parcel A does not have the capacity to install an adequate
NURP pond on site. The applicant is requesting relief from staffs interpretation that a NURP
pond must be installed due to the fact that the storage facility has been operating under these
existing conditions for over 20 years.
Parcel B is also limited with regard to the use and potential future development of the property.
Future improvements on the site may require an amendment to the conditional use permit. The
property owner was notified of the limitations via certified mail, dated May 22, 2008.
To eliminate similar situation from occurring in the future, the City will be reviewing a future
ordinance amendment alerting property owners to potential revocation or require a CUP IIUP
amendment to ensure compliance with the city code due to subdivision of a property with an
approved CUP or IUP.
Signs
In 2007, staff received a phone call inquiring about storage of vehicles on the site for an internet
vehicle sales company. This triggered the compliance inspection of the site. Upon inspection on
August 8, 2007, staff noticed several signs were in the process of being refaced. Two of the three
permanent signs were completed; however, the new sign face was not yet installed on the pylon
sign. Staff instructed the installers to stop installation of the pylon sign face as they had not
received a permit to reface any of the signs, nor do they meet the sign ordinance requirements.
The BF district is permitted one ground low-profile sign. Such sign may not exceed 24 square feet
of sign display area nor exceed 5 feet in height. The original site plan for the mini-storage showed
the sign along Stoughton Avenue. The current monument sign along Stoughton Avenue exceeds
the ordinance requirements and is 48 square feet and 10- feet tall. Additionally, two other permanent
signs were erected on the site, over the years, without sign permit approval. These non-permitted
signs include a 60 square-foot, 18-foot tall pylon sign on the north side of the subject site and a 48
square-foot, 8-foot tall monument sign along Highway 212 (MnDOT right-of-way). Staffwas
unable to locate sign permits for any of the signs located on the site.
Following that inspection, staff further researched the conditional use permit for the mini storage, at
which time staff noted the following:
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June 17, 2008
Page 6 of 13
1. The 16.29-acre parcel was split and is now under separate ownership, and the approved pond in
the north comer of Parcel B was never constructed. This is a violation of the conditions of
approval for the CUP.
2. The outdoor storage of various vehicles on the property exceeds the approved 24 rental trucks
and trailers and had expanded from Phase III to the include the east side of the property.;
3. The aforementioned non-permitted signs exceed the sign ordinance, both in size and number.
ANALYSIS
Although the original 16.29-acre parcel has been split into two separate parcels, the legal description
for approved Conditional Use Permit 87-2 was not amended to exclude either parcel and therefore
governs both Parcels A and B.
The applicant purchased Parcel A containing the mini storage facility in October of 2004, and has
been operating it with the current violations, including the lack of stormwater treatment, several
illegal signs, and excess outdoor storage, prior to the August 2007 compliance inspection.
Stormwater Treatment
The ponding area is located the northernmost comer of Parcel B. The CUP 87-2 staffreport
addresses the pond, labeling it a detention pond. The report states; "A detention pond sized for the
pre-development runoff rate should be provided to hold the water prior to discharging from the site.
The runoff would then be discharged to the culverts under Highway 212." May 4, 1987 Condition
of Approval (4) "A detention basin should be included in the site drainage plan and be designed to
limit the on-site runoff to the predevelopment rate for a 100-year storm event."
The National Urban Runoff Program (NURP) requirements were not recommended by the Federal
Government until 1988 and the City did not adopt NURP standards until 1991, when the Surface
Water Management Plan (SWMP) was adopted. The requirements for the 1987 proposed pond are
not consistent the current on-site water treatment requirements. If the pond would have been
constructed, the applicant would have the right to continue to use it in its current condition.
Additionally, Parcel A does not have a drainage easement with the owner of Parcel B to access or
construct the pond area to meet the current requirements.
In addition to the lack of stormwater treatment, there is evidence that the runoff from the storage
facility drains directly into the Highway 212 right-of-way, rather than to the 1987 approved ponding
area on Parcel B. The drainage into the Highway 212 right-of-way has caused erosion within that
area.
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June 17,2008
Page 7 of 13
The applicant worked with MnDOT to
remedy the erosion along Highway 212
right-of-way, caused by the runoff from
the storage facility.
T.!!' 10 CORRUG. PlASTlC PIPE
SURROUNDED 5Y RlPRAP ATQtJTtET
POI..E-MQUNTED
flUORESCENT UT SGN
The applicant constructed a swale, catch
basin with an underground pipe and a rip-
rapped daylight outlet. The purpose was
to guide the drainage in a northwesterly
direction along the southerly right-of-way
of State Highway 212. The drainage then
stays in the right-of-way until it runs
under Highway 212, via the culvert, and
enters Assumption Creek. There is no
evidence of stormwater treatment prior to entering the creek.
requires written approval from MnDOT.
Discharge to the 212 right-of-way
The applicant states that storage buildings have been on the site without adequate ponding for
over 20 years and they do not have access to the 1987 approved ponding area located on Parcel
B, nor does Parcel A have the capacity to provide the required ponding. The applicant is
working with staff to maximize the stormwater improvements on their site to the best of their
ability. The proposed improvements are more effective than the original holding pond required
as a condition of approval in 1987.
The applicant is proposing the
addition of two infiltration
ponds; one east of the storage
buildings (removal of illegal
outdoor storage), and one north
of the storage buildings with a
release directed toward the
approved ponding area on
Parcel B. This is the natural
low-lying area approved for the
detention basin for the parcels
regulated under CUP 87-2.
""--'t-v---,_~__)- Proposed Infiltration Ponds
Upon review of the HydroCAD
calculations for the two
proposed Infiltration Ponds, - - -
submitted by McCain and
Associates dated May 28, 2008, staff concludes the following:
1. Based on the calculations for the combined pond, the capacity will be exceeded for the north
pond during the 100-year event. An emergency overflow must be shown for both ponds.
This emergency overflow shall require permanent stabilization.
Nick's Storage & Parking
June 17, 2008
Page 8 of 13
2. Staff is concerned with concentrating the flow from the pond outlet to Parcel B. An
alternative outlet must be utilized to minimize disruption to Parcel B.
3. Based upon existing soil conditions and pond design, infiltration is likely to occur. This
should be accounted for in the model.
4. A detailed erosion control plan will be needed. At a minimum, this plan shall include:
a. Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the ponds.
b. Perimeter silt fence needs to be shown. This shall be heavy duty down gradient of the
two pond features and any removals associated with the storm sewer placement.
c. A re-vegetation plan for all disturbed areas. Deep-rooted woody vegetation should be
used along the north side of the north pond.
5. The area adjacent to the northern limits of the proposed outdoor storage area should have
some type of filter strip and energy dissipation best management practice.
While the proposed infiltration ponds do not meet all of the NURP standards; based upon the site
constraints, with the exception of the above comments, the applicant has taken adequate
measures to address stormwater treatment and rate control. Staff is concerned about the
maintenance of these ponds; therefore, a drainage and utility easement over the ponds is being
requested. The submitted stormwater calculation s shall be revised as necessary prior to
installation of the Infiltration Ponds.
The proposed storage spaces are included in the drainage calculations for the proposed ponds. The
current parking stalls on the east side of the property will be removed and replaced with the above-
mentioned infiltration ponds. The total impervious coverage for Parcels A and B is 3.79 acres or
23% of both parcels under CUP 87-2 and IUP 92-1.
Outdoor Storage
Documentation on file at City Hall for the mini-storage facility shows the condition of approval
prohibiting outdoor storage has been an ongoing violation. The earliest documentation is from
September, 1991. Following the 1992 amendment to allow storage of rental trucks and trailers,
there is documentation from 1997, 1999, and 2007 which also reflects the storage of boats, RV's
and other miscellaneous vehicles, none of which are permitted via CUP 87-2. The condition of
approval for the 1992 CUP amendment limited the storage to the west fence line in Phase III and
required a gravel surface; i.e. there shall be no more than 20 trucks and 4 trailers and no trucks
can exceed 26 feet in length.
Upon purchasing the mini-storage in 2004, the applicant discontinued the truck rental use and
continued the outdoor storage of various vehicles. Upon the 2007 city inspection, the applicant was
informed that the outdoor storage on the site was limited to the rental trucks and trailers and along
the west fence line of Phase III of the site. The applicant would like to expand the outdoor storage
to allow 60 parking spaces for miscellaneous vehicle storage, i.e. boats, RV's, cars, motorcycles,
Nick's Storage & Parking
June 17,2008
Page 9 of 13
etc. in Phase III. There will not be any grading required as part of the requested amendment to the
CUP as the area labeled Phase III was the approved location ofthe rental truck and trailers in 1991.
With the addition of the outdoor storage spaces, the landscaping must also be increased to screen the
outdoor storage.
City Code requires all
outdoor storage to be 100
percent screened from
public view. As shown
on the right, the storage
area is visible when
traveling along Highway
212. To remedy this, the
applicant is proposing to
add landscaping along the
north side of the existing
fence line to supply
adequate screening. This
will decrease the visual
impact on the neighboring properties.
The mini-storage hours of operation are Monday through Friday 9am to 6pm, Saturday 10am to
3pm, and closed on Sunday. The applicant has upgraded the site by installing a video security
system that runs 24 hours a day, 7 days a week, and an automated entrance gate that operates from
6:30 am to 8 pm daily. The addition of the security cameras and self-closing gate is beneficial to
the safety of the site and will decrease possible vandalism and limit any danger to the public
health, safety, comfort, and general welfare of the neighborhood.
Staff is recommending approval of the amendment to expand the outdoor storage in Phase III to
allow 60 parking stalls with conditions.
Signs
The site was purchased by the by the applicant in 2004 and the name ofthe mini-storage changed to
Nick's Storage & Parking. All ofthe signs are currently nonconforming or illegal and were ref aced
without permit approval and do not comply with the City's sign ordinance.
A sign variance may be granted where it is shown that by reason of topography or other conditions,
strict compliance with the requirements of this ordinance would cause a hardship. The BF district
permits one ground low-profile sign not to exceed 24 square feet of sign display area and shall not
exceed 5 feet in height. The original site plan for the mini-storage showed the sign along Stoughton
Avenhue. However, over the course ofthe 20 years since the approval of the mini-storage in 1987,
two additional signs, a monument and a pylon sign, have been erected on the north side ofthe site,
visible along Highway 212.
Nick's Storage & Parking
June 17,2008
Page 10 of 13
Sign 1
The applicant is requesting a variance to allow the existing
non-conforming 64 square-foot, lO-foot tall monument sign
along Stoughton A venue. The monument sign was ref aced
in 2007 without a permit and the size and sign face do not
meet the requirements of the sign ordinance. City Code
requires dimensional lettering a minimum Yz-inch deep and
limits the logo area to 15% of the sign display area.
Staff is proposing to amend the sign ordinance to allow flat
lettering on monument signs, and limiting the logo area to
20% of the sign display area. Staff is recommending denial
of the sign variance to allow Sign 1. The applicant must
replace Sign 1 with a sign that complies with the Sign
Ordinance requirements, and must receive sign permit
approval.
Sign 2
There is a 48 square-foot, 8- foot tall monument sign
along Highway 212. This sign was not approved with
the original site plan for the CUP. Staff is not sure
when this sign was erected. Staff understands that
there was a pre-existing illegal sign installed by the
prior owners some time ago and it appears to be
located within the State right-of-way. The current
owners replaced the sign in 2007 and have agreed to
remove it; however, staff would support a sign
variance to allow one monument sign along the
Highway 212 frontage, provided it complies with the
Sign Ordinance requirements and must receive sign
permit approval.
Sign 3
There is also a 60 square-foot, 18-foot tall illuminated pylon sign
facing Highway 212. The applicant is requesting a variance to
allow the pylon sign.
The pylon sign currently sits empty as the installers were
instructed to stop installing the sign since they did not have permit
approval to ref ace the sign. Additionally, this sign was never
permitted as part of the Conditional Use Permit. The BF district
does not permit pylon signs; therefore, the pylon sign is a
continuing violation of city code.
Nick's Storage & Parking
June 17,2008
Page 11 of 13
Staff is recommending denial of the sign variance to allow Sign 3 (pylon sign).
Sign 4
A 24 square-foot double-sided temporary, off-premise
directional sign was also added at the comer of
Highway 212 and Stoughton Avenue. This sign does
not meet the requirements ofthe City's Sign
Ordinance for directional signage.
On-premise directional signs do not require permit
approval; however, there are limitations to the size and
height of a directional sign.
Section 20-1255 (2) allows up to 4 directional signs per lot. A directional sign shall not exceed 4
square feet and or 5 feet in height. Off-premise directional signs require City Council approval and
shall only be permitted where access is confusing and traffic safety could be jeopardized or
inappropriately routed through residential streets. The applicant has agreed to remove this sign.
All of the signs currently located on the site are a continuing violation of City Code. Staff is
recommending approval of a sign variance to allow one 24 square-foot, 5- foot tall monument sign
along Highway 212 frontage with conditions.
Landscapin2
The applicant shall provide screening for the northwest comer of Parcel A. A total of 15 Black
Hills Spruce shall be planted at existing spacing to fully screen the outdoor storage area.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motions and adoption of
the attached findings of fact and action:
A. "The Planning Commission recommends approval of an amendment to Conditional Use Permit
#87-2 to permit 60 additional outdoor storage spaces to be located in Phase III ofthe site with
the following conditions:
1. The 60 parking stalls for various vehicle storage, shall be confined to the area labeled
Phase III in the staff report and the area shall have a gravel surface.
2. The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100
percent screening of the outdoor storage area.
3. The applicant shall work with staff to maximize the stormwater treatment on Parcel A.
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June 17, 2008
Page 12 of 13
a. Based on the calculations for the combined pond, the capacity will be exceeded for
the north pond during the 100-year event. An emergency overflow must be shown
for both ponds. This emergency overflow shall require permanent stabilization.
b. An alternative outlet must be utilized to minimize disruption to Parcel B.
4. The submitted stormwater calculation s shall be revised as necessary prior to installation
of the Infiltration Ponds.
5. Storm pipe material shall be HDPE or RCP.
6. Based upon existing soil conditions and pond design, infiltration is likely to occur. This
should be accounted for in the model.
7. A detailed erosion control plan will be needed. At a minimum this plan shall include:
a. Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the
ponds.
b. Perimeter silt fence needs to be shown. This shall be heavy duty down gradient of the
two pond features and any removals associated with the storm sewer placement.
c. A re-vegetation plan is required for all disturbed areas. Deep-rooted woody
vegetation should be used along the north side of the north pond.
8. The area adjacent to the northern limits ofthe proposed outdoor storage area should have
some type of filter strip and energy dissipation best management practice.
9. The applicant shall provide security to ensure the infiltration ponds are installed.
10. Any discharge to the Highway 212 right-of-way requires written approval from MnDOT.
11. A drainage and utility easement shall be placed over the infiltration ponds up to the high
water level.
12. Any additional development to Parcel A or Parcel B shall require additional stormwater
ponding.
A. "The Planning Commission recommends approval of a sign variance to allow a monument sign
along Highway 212 frontage, in addition to the permitted monument sign along Stoughton
Avenue with the following conditions:
1. The monument sign along Highway 212 shall comply with the sign ordinance requirements
of the Chanhassen City Code.
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June 17, 2008
Page 13 of 13
2. The sign along Stoughton Avenue shall comply with the sign ordinance requirements of the
Chanhassen City Code.
3. The pylon sign along Highway 212 must be removed.
4. A sign permit must be approved prior to replacing the monument signs along Stoughton
A venue and Highway 212.
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application.
3. Stormwater Appeal Letter dated June 3, 2008.
4. Discussion of Proposed Stormwater Controls.
5. Survey of Entire Site.
6. Survey of Existing Conditions
7. Survey of Proposed Conditions.
8. Original Conditions of Approval for CUP 87-2 and !UP 92-1.
9. Public Hearing Notice and Affidavit of Mailing.
g:\plan\2008 planning cases\08-10 nick's storage & parking\staffreport.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Jacques Gibbs for an amendment to Conditional Use Permit 87-2 to allow 60
outdoor parking stalls and an after-the-fact sign variance request for Nick's Storage and Parking
in the Fringe Business (BF) District.
On June 17, 2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Jacques Gibbs for an amendment to conditional use permit
87-2 and an after-the-fact sign variance for property located at 1900 Stoughton Avenue. The
Planning Commission conducted a public hearing on the proposed Conditional Use Permit
amendment and after-the-fact sign variance which was preceded by published and mailed notice.
The Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Fringe Business (BF) District.
2. The property is guided by the Land Use Plan for Office/Industrial.
3. The legal description of the property is shown in the attached Exhibit A.
4. When approving a conditional use permit, the City must determine the capability of a
proposed development with existing and proposed uses. The general issuance standards of
the conditional use Section 20-232, include the following 12 items:
a. Will not be detrimental to or enhance the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
Finding: The original Conditional Use Permit was approved in 1987 and is
therefore a temporary use until MUSA phasing scheduled for 2015. When sewer
and water become available to the site, the parcels may be rezoned to
Office/Industrial and accommodate a more intense use. Approval of the
amendment to Conditional Use Permit 87-2 to allow 60 parking stalls will not be
detrimental to the public health, safety, comfort, convenience or general welfare
of the neighborhood or the city. The outdoor storage area labeled Phase III was
approved in 1992; however, it was specific to the number and type of vehicles
stored on the site. The applicant has installed security cameras and an automated
entrance gate which is only operable during scheduled business hours. The
applicant will provide additional landscaping along the fence line to provided 100
percent screening to traffic along Highway 212.
1
b. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
Finding: The site received a conditional use permit in 1987 for the existing mini-
storage facility. Sewer and water is not available to the site until Municipal
Urban Service Area (MUSA) phasing, scheduled for 2015. Based on the
conditions of approval for the amendment to the CUP, the request is consistent
with the city's comprehensive plan. The Conditional Use Permit allows
reasonable use of the property until sewer and water become available, at which
time the site may be rezoned to Office/Industrial and accommodate a more intense
use.
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
Finding: The mini-storage buildings are currently constructed on the site.
Outdoor storage was approved in 1992 for 24 rental trucks and trailers. Adding
60 stalls for various vehicles may change the trip frequency of the mini-storage;
however, the mini-storage facility is open Monday through Friday from 9 a.m. to
6 p.m., Saturday from 10 a.m. to 3 p.m., and closed on Sunday. The applicant has
upgraded the site by installing a video security system that runs 24 hours a day, 7
days a week, and an automated entrance gate that operates from 6:30 a.m. to 8 p.m.
daily. The character of the area will not change with the addition of the outdoor
storage stalls.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The existing mini-storage facility has been in business since 1987. The
addition of 60 parking stalls may increase some of the traffic to the site; however,
the mini-storage has specific hours. The gate automatically closes and is locked
between the hours of 8 p.m. and 6:30 a.m.
e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
Finding: The site does not have sewer and water services available to the site
until MUSA phasing, scheduled in the year 2015. The Infiltration Ponds will
provide adequate drainage and stormwater treatment prior to entering Assumption
Creek. The site is currently served by Stoughton A venue, which is maintained by
the City of Chaska. The applicants have installed security cameras and a self-
closing gate on the property for off hours to ensure safety on the site.
2
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare ofthe community.
The mini-storage has been in operation since 1987 and all outdoor storage shall be
100 percent screened from public view.
g. Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Finding: The use will not be detrimental to any persons, property or the general
welfare. The addition of 60 storage spaces may increase the traffic to the site;
however, the intention of the site is for the storage of recreational vehicles. The
hours of operation are limited to Monday through Friday 9 a.m. to 6 p.m.,
Saturday 10 a.m. to 3 p.m., and closed on Sunday. The applicant has upgraded the
site by installing a video security system that runs 24 hours a day, 7 days a week and
an automated entrance gate that operates from 6:30 a.m. to 8 p.m. daily.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: The site currently has access off of Stoughton A venue; there have not
been any issues with traffic congestion from the site.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: Based on the conditions of approval for the mini-storage and outdoor
storage, the proposed use will not result in the destruction, loss or damage of solar
access, natural or scenic or historic feature of major significance. The applicant is
proposing to install infiltration ponds that will treat the stormwater to a greater
extent than the 1987-approved detention pond, prior to entering Assumption
Creek.
J. Will be aesthetically compatible with the area.
Finding: The mini-storage is an existing facility and will not change the aesthetic
appearance of the area. In addition to the proposed 60 parking stalls, as a
condition of approval, the applicant will install landscaping to screen the outdoor
storage from public view along Highway 212.
k. Will not depreciate surrounding property values.
3
Finding: The proposed 60 parking stalls will not depreciate surrounding property
values as the storage facility has been in operation for over 20 years. The
applicant will also ensure that the outdoor storage is 100 percent screened along
Highway 212.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The mini-storage buildings have been active since 1987 and meet the
use criterion of the city code. Based on the conditions of approval, the outdoor
storage will meet the 100 percent screening requirement of the city code with the
addition of 15 Black Hills Spruce along the fence line. Thus, there will be
minimal visibility from Highway 212. While the proposed infiltration ponds do
not meet all of the NURP standards required by city code, they will more
effectively treat the stormwater runoff than the 1987-approved detention pond,
which predates NURP standards.
5. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. That the by reason of topography or other conditions, strict compliance with the
requirements of this ordinance would cause a hardship.
Finding: The mini-storage facility was only permitted one sign in accordance with
CUP 87-2 to be located along Stoughton Avenue. The monument sign for which
the variance is requested does not meet the size or height requirements for the BF
district. The location of Sign 1 is clearly visible along Stoughton Avenue and will
be clearly visible at 24 square feet and 5 feet tall. There is no topographical reason
for Sign 1 to exceed the sign ordinance requirements for the BF district.
Sign 3 (pylon sign) was not permitted as part of CUP 87-2, nor is it a permitted use
in the BF district. Due to the topography and required landscape screening for the
site, a monument sign along Highway 212 is a reasonable request, provided it meets
the requirements of the City Code.
b. That the variance does not adversely affect the spirit or intent of this ordinance.
Finding: The Fringe Business (BF) district allows one sign per lot and the
Conditional Use Permit approved one sign along Stoughton A venue. The
monument sign along Stoughton A venue far exceeds the requirements of the sign
ordinance for the BF district. The pylon sign facing Highway 212 was never
permitted and it is not a permitted use in the BF district. The monument and pylon
sign are after-the-fact variance requests and are a continuing violation of the city
code.
The intent of the sign ordinance is to allow a business reasonable opportunity to
advertise their name and service. The mini-storage facility has street frontage on
4
Stoughton Avenue and Highway 212. A 24 square-foot, 5-foot tall monument sign
is permitted on Stoughton A venue and, due to the topography and required
landscape screening, a monument along Highway 212, in addition to the monument
sign along Stoughton A venue, is reasonable, provided it meets the requirements of
the City Code.
6. The planning report Planning Case #08-10 dated June 17, 2008, prepared by Angie
Auseth et al is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the amendment to
the conditional use permit to allow 60 outdoor storage stalls and approve a sign variance to allow
a monument sign along Highway 212, in addition to the monument sign along Stoughton
. Avenue, on property located at 1900 Stoughton Avenue, based on these Findings of Fact.
ADOPTED by the Chanhassen Planning Commission this 17th day of June, 2008.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
5
,.
.
EXHmIT "A"
That part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 116,
Range 23, Carver County, Minnesota, lying southwesterly of the southwesterly right- of
way-line of U.S. Trunk Highway No. 212; northwesterly of the northwesterly right-of-
way of County State Aid Highway No. 10 (Stoughton Avenue formerly the Chaska and
Shakopee Road); and easterly and southeasterly of the following described line:
Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter;
thence on an assumed bearing of North 89 degrees 11 minutes 32 seconds East along the
south line of said Southwest Quarter of the Southeast Quarter a distance of 525.00 feet to
the point of beginning of the line to be described; thence North 26 degrees 57 minutes 49
seconds West a distance of 399.00 feet; thence North 62 degrees 19 minutes 46 seconds
East a distance of 485.18 feet more or less to said southwesterly right-of-way line ofU.S.
Trunk Hi~way 212 and there terminating.
il' .
EXCEPT~gTHEREFROM THE FOLLOWING DESCRIBED PARCEL:
Commencing at the southeast corner of the Southwest Quarter of the Southeast Quarter;
thence North 4.06 chains to c.enter of Chaska and Shakopee Road, the point of beginning
of tract to be conveyed herewith; thence South 64 degrees 30 minutes West 170 feet to
point of center of said road; thence North parallel to East line of said Southwest Quarter
of the Southeast Quarter to south line of Trunk Highway No. 51; thence southeasterly
along south line Trunk Highway No. 51 to point where sqme intersects East line of said
SW v.. of SE 1/4 ; thence south along said east line to place of beginning.
Planning Case No 08 - I a
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
.. n .-"
Chanhassen, MN 55317 - (952) 227-1100
CITY OF CHANHASSEN
RECEIVED
DEVELOPMENT REVIEW APPLICATION
APR 0 3 2008
CHANHASSEN PLANNING DEPT
PLEASE PRINT
Applicant Name and Address:
Nick's Storage & Parking
1900 Stoughton Avenue
Chaska, MN 55318
Contact: Jacques Gibbs
Phone: 612-386-3140 Fax:
Email: gibbs@nrnfn.com
~~-- . .--------- -----_.-.__._--_._~--
Owner Name and Address:
Progress Valley Storage of Minnesota, LLC
Attn: Jacques Gibbs
6921 Beach Road, Eden Prairie, MN 55344
Contact: Jacques Gibbs
Phone: 612-386-3140 Fax:
Email: Gibbswealthcoach@aol.com
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
x
Conditional Use Permit (CUP) Amendment 4-;)-.5
Vacation of Right-of-Way/Easements (VAG)
-*-
Interim Use Permit (IUP) 6tltdoor ~tora,ge
x
Variance (VAR) Signs and Hardcover ~06
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development"
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
x
Sign Permits
x
Notification Sign ~
(City to install and remove)
Sign Plan Review
Escr or Filing Fee~~ney CostU IDe
- 50 CU SPR!V ACAI..!:BJ)N AP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ CJ88 pd i 1360 C C #7333
C %2.e& n. tr:s 14-..
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
priorto the public hearing. a.. \ \6-klej~ )( tt~ -= it ""30_~
x
Site Plan Review (SPR)"
Subdivision"
*Sixteen (16) 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.
SCANNeo
Progress Valley Storage of Minnesota, LLC, d/b/a
I?ROJECT NAME: Nick's Storage & Parking
LOCATION:
1805 and 1900 Stoughton Avenue
LEGAL DESCRIPTION: See Exhibits A and B attached
TOTAL ACREAGE:
6.82 acres and .50 acres
WETLANDS PRESENT:
YES
x
NO
PRESENT ZONING: BF
REQUESTED ZONING: BF
\
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: Applicant requests that CUP No. 87-2 and IUP No. 92-1 be am-ended
so as to allow 60 outdoor storage stalls (grassed only; not paved or graveled) to be
rented to the general public for storage of motor vehicles, boats, trailers, and
equipment; as shown on plan attached as Exhibit C.
Applicant requests such variances as will allow it to continue to operate its existing
including but not limited to signs, hardcover, and outside storage.
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.
Progress Valley Storage of Minnesota, LLC,
_~ d a ick's Sto~ge &~rking ~
l'i\ by.
Signature of Applicant
Its Ifr-r~ /
Signature of Fee Owner
OL/-oJ-bg-
Date
Date
G:\pLAN\forms\Development Review Application.DOC
Rev. 12/05
SUPPLEMENTAL INFORMATION
NICK'S STORAGE, 1900 STOUGHTON AVE., CHASKA (CHANHASSEN), MN
1. 2004 Change in Ownership. In the summer of 2004, Applicant, Progress
Valley Storage of Minnesota, LLC, purchased the Gary Brown parking and
storage business (and the land and buildings) located at 1900 Stoughton
Avenue.
2. Status of Driveway Abutting on SW'ly side. City Staff has noted the presence
of a driveway which appears to encroach on the southwesterly edge of
Applicant's property. That driveway appears to serve the Dungey property
with lies to the west of Applicant's property. Applicant has been unable to
locate any recorded document which would authorize the Dungey property to
maintain a driveway on Applicant's property.
3. Components Of Brown's Business Prior to the Sale. Brown called his
business "Progress Valley Storage". The business consisted of three main
components: 1) a U-Haul type rental business, 2) rental of self-storage lockers
within the six buildings on the site, and 3) rental of outdoor storage pads for
the parking of boats, trailers, and vehicles. Brown established the storage
business sometime in 1987.
4. Ten years of Out Door Storage. After the City's Compliance Review in 2007
(see Item No.9 below) Applicant reviewed the City's files on Brown's 1900
Stoughton Avenue business. City files state that Brown's business included
rental of out door storage pads since at least 1997.
5. Components of Applicant's Business. Applicant has continued to operate the
business, just as Brown had operated it. However Applicant has terminated
the U-Haul component.
6. Signage. At the time of Applicant's purchase of the business, the property
was served primarily by one sign located at the entrance to the yard on
Stoughton Avenue, and one internally illuminated double faced pylon sign
visible to Highway 212 near the northeasterly corner of the property.
7. No History of Complaints. Applicant operated the in-door and out-door
storage business from the summer of 2004 through the summer of 2007,
without complaint from the City or anyone else for that matter.
8. 2007 Damage to Pylon Sign. In the summer of2007 the one of the faces on
the Progress Valley pylon sign was storm damaged. Applicant engaged a sign
company to perform repairs on the sign, including the installation of
replacementsign faces - but using Applicant's trade name of "Nick's Storage
& Parking".
9. 2007 Compliance Review. The new Nick's Storage signage triggered a City
Compliance Review which was conducted in August of2007. The applicant
learned for the first time that city staff had compliance issues with the signage,
the outside storage, and hard cover. Applicant was surprised. The pylon sign
appeared to be at least 10 years old. Applicant had believed that it was merely
continuing Brown's business which had been in place at that location since
1987.
10. Applicant's Goal. Applicant wishes to continue to operate the in-door and
outdoor storage business as Brown operated the business it.
11. Loss of the Benefit of the pylon Sign. At the direction of City Staff,
Applicant did not install the face panels on the pylon. The pylon and the
emptyframe remain in place.
12. Loss of Business. Since removal of the face panels on the pylon, Applicant
has experienced a significant drop off in business. Since 2004 Applicant has
surveyed its new customers as to how they learned of Applicant's storage
business. The majority of new customers have indicated that were drawn in
by the illuminated pylon sign on Highway 212.
13. Costs Up, Revenue Down. Applicant's real estate taxes have increased
approximately $20,000 over 2004 levels. Vacancies are up, and that is largely
due to the loss of the pylon sign.
14. Findings to Support Variances and CUP Requests. Applicant requests the
grant of hard cover and sign variances, and CUP/IUP Amendments. The
storage business has been in operation at the present location since 1987.
With the exception of the termination of the U-Haul business, Applicant has
tried to continue to operate the storage business in the same manner as was
done under Mr. Brown's ownership. The buildings and internal drives
configured the same as under the Brown ownership. [Applicant has a)
upgraded exterior building maintenance levels, b) upgraded site security
(primarily by video monitoring system), and c) corrected a small wash-out
near the NE'ly corner of the property. Dave's Excavating did the repairs. A
call to that contractor indicates that the work consisted of repairing the wash
out, constructing a swale, constructing a catch basin and an underground pipe,
and constructing a rip-rapped daylight outlet. All of which has the effect of
guiding drainage in a NW'ly direction along the southerly right-of-way of
Highway 212.] Applicant has not created any detriment to the public welfare
or the public health, or to the safety/comfort/convenience of the
neighborhood, and has not impaired light or the air of adjacent properties.
Applicant has not congested the public streets, nor increased fire danger, nor
endangered public safety, nor impaired neighborhood property values.
Applicant has not impaired service levels required for streets, police
protection, fire protection, drainage, refuse disposal, public water and sewer
systems, or schools. Applicant's business is not a detriment to community
economic welfare, and does not involve uses which produce excessive traffic,
noise, smoke, fumes, glare, odors, rodents, or trash. Applicant's business does
not result in loss of solar access, or loss of natural/scenic/historic features, or
loss of aesthetic compatibility with the area.
15. Applicant's Business Offers Zoning Enforcement Benefit. Applicant believes
that its storage business serves a public purpose. In residentially zoned areas
of the City, certain out-side storage activities are not allowed. Applicant is a
resource to which Chanhassen residents can be directed for the storage of their
vehicles, boats, trailers, and equipment.
16. Conclusion. In summary, Applicant wishes to continue to operate the same
business which it purchased in 2004, and operate it in the same manner as it
was operated by its prior owner for at least ten years.
S:\Netback\7636\Ol \SUPPLEMENT AL lNFORMA nON.doc
\
'.
CRAIG M. MERTZ LAW OFFICE, P.S.C.
FAX: 952-975-9963
E-MAIL: chadlaw@chadwickmertz.com
ATTORNEYS AND COUNSELORS AT LAW
MARKET STREET STATION
600 MARKET STREET, SUITE 240
P.O. BOX 623
CHANHASSEN, MN 55317-0623
Craig M. Mertz
TELEPHONE: ~52-975-9960
June 3, 2008
Angie Auseth, Planner
Chanhassen City Hall
P.O. Box 147
Chanhassen, MN 55317
Re: Zoning/Sign Applications of Jacques Gibbs and Progress Valley Storage of Minnesota, LLC
Dear Ms. Auseth:
I am writing to you on behalf of Jacques Gibbs and Progress Valley Storage of Minnesota, LLC.
Please consider this letter to be my client's Notice of Appeal as to your office's decision that my
clients are obligated to construct certain surface water and drainage control measures in
connection with CUP #87-2 and IUP #92-1. Specifically, I refer to the detention basin and site
drainage improvements, which were apparently contemplated by the City, when the. former
owners of the mini-storage business, Gary Brown and Gary Dungey, obtained their conditional
use permit and interim use permit from the City.
My clients base their appeal on the following factors: a) their 2004 purchase of the existing
mini-storage business included only a small portion of the Dungey/Brown tract, b) at the time of
their purchase they were unaware of any city requirement to construct drainage facilities (on
either the present mini-storage site or on the adjoining land which was retained by
Dungey/Brown), c) on information and belief, the present drainage situation on my clients' land
and on the adjoining Dungey/Brown tract is basically unchanged from its 1987 configuration, c)
my clients purchased the mini-storage business in 2004, many years removed from the 1987
issuance of the original CUP, d) my clients do not own or control on the land on which the
detention basin and drainage facilities are to be constructed, and e) my clients are willing to work
with City staff to maximize feasible drainage measures which could be installed on the land
which is owned by my clients.
Enclosed is my check in the amount of $1 00.00 representing my clients' filing fee for the appeal.
If you have any questions please call me.
~
Ver~truly yours,
raig M. Mertz
CMM\ptk
cc: J. Gibbs and K. Engel
-
....--
S:\Netback\ 7636\01 \Auseth Jtr2.doc
Discussion of Proposed Stormwater controls for Nick's Storage and Parking,
Chanhassen, Mn
To facilitate drainage on the Nick's Storage and Parking site, two ponds were designed
along the North and East side. These proposed ponds reduce the off-site stormwater
runoff and peak flow during storm events. The ponds were designed as infiltration basins
and as such are considered dry ponds. Because of this, the potential for nutrient removal
is very low; therefore no nutrient removal analysis was performed. As shown on the
proposed improvements drawing one pond is located adjacent to the asphalt parking lot
and receives runoff from much of the impervious parking surface and surrounding
property. Also shown on the plan is an additional pond along the north edge ofthe site.
This pond contains stormwater flowing north and also provides added protection from
overflows during severe storm events.
The East pond is connected to the North pond through a 24" diameter corrugated metal
culvert. Because HydroCAD cannot model captured stormwater traveling back and forth
between each pond, their areas were merged and they were modeled as a single pond.
The North pond empties into a 4' inside diameter concrete manhole which outlets
through a 24" diameter corrugated metal pipe. Depending on manhole and culvert
placement, the north pond can be emptied into the low-lying area to the north or the ditch
along Hwy 212. Based on future discussions with the city and the applicant, more
detailed information can provided regarding the placement and orientation of the
discharge structures.
The following table provides and overview of the off-site runoff from both the existing
and proposed conditions.
2-year storm event
Subwatershed
Existing Conditions Proposed Conditions
Peak Flow (efs) 0.03 0.03
N&E Ditch off-site Volume (ae-ft) 0.03 0.03
Peak Flow (efs) 3.35 3.35
Northwest 2 off-site Volume (ae-ft) 0.01 0.01
Peak Flow (efs) 0.76 routed to proposed
North off-site Volume (ae-ft) 0.03 Dond
Peak Flow (efs) 8.44 routed to proposed
Southwest off-site Volume (ae-ft) 0.46 Dond
Peak Flow (efs) 0.65 routed to proposed
Northwest 1 off-site Volume (ae-ft) 0.03 Dond
Captured Peak Flow (cfs) 6.29 0
Stormwater Volume (ae-ft) 0.22 0
I Volume Discharged I
off-site (ae-ft)
0.77
0.04
1 O-year storm event
Subwatershed
Existing Conditions Proposed Conditions
Peak Flow (efs) 0.80 0.80
N&E Ditch off-site Volume (ae-ft) 0.06 0.06
Peak Flow (efs) 5.69 5.69
Northwest 2 off-site Volume (ae-ft) 0.25 0.25
Peak Flow (cfs) 1.89 routed to proposed
North off-site Volume (ae-ft) 0.07 Dond
Peak Flow (efs) 12.77 routed to proposed
Southwest off-site Volume (ae-ft) 0.71 Dond
Peak Flow (efs) 1.11 routed to proposed
Northwest 1 off-site Volume (ae-ft) 0.05 nand
Captured Peak Flow (efs) 10.64 1.08
Stormwater Volume (ae-ft) 0.54 0.33
I Volume Discharged I
off-site (ae-ft)
1.67
0.64
1 OO-year storm event
Subwatershed
Existing Conditions Proposed Conditions
Peak Flow (efs) 1.55 1.55
N&E Ditch off-site Volume (ae-ft) 0.12 0.12
Peak Flow (efs) 8.68 8.68
Northwest 2 off-site Volume (ae-ft) 0.39 0.39
Peak Flow (efs) 3.57 routed to proposed
North off-site Volume (ae-ft) 0.14 Dond
Peak Flow (efs) 18..31 routed to proposed
Southwest off-site Volume (ae-ft) 1.03 Dond
Peak Flow (efs) 1.69 routed to proposed
Northwest 1 off-site Volume (ae-ft) 0.08 Dond
Captured Peak Flow (efs) 15.91 16.08
Stormwater Volume (ae-ft) 0.08 1.02
I Volume Discharged I
off-site (ae-ft)
1.83
1.52
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDmONAL USE PERMIT #87~2
INTERIM USE PERMIT #92~1
.
1. Permit. . Subject to the terms and conditions set forth herein and with the
Conditional Use Permit recorded with Carver County on June 30, 1987, Document No.
88330" the City of Chanhassen hereby grants:
a) A conditional use permit for truck and trailer rental at Progress Valley Mini-Storage
site.
b) Interim Use perroit for screened outdoor storage.
2. Property. The permit is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
See attached Exhibit A
3. Conditions. The permit is issued subject to the following conditions:
a) The outdoor storage shall be completely screened by a 100% opaque fence or
landscaped screen.
b) The area for screened outdoor storage shall be improved with a gravel surface.
c) The outdoor storage will be removed from the site upon completion of phase 3 of
the mini~storage facility.
d) The applicant shall provide a landscaping plan acceptable to the Planning
commission and a letter of credit shall be submitted to cover the cost of material
installation and one year warranty.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized
construction has not been substantially completed or the use commenced, this permit shall
lapse,.unless an extension is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
Dated: February 24. 1992
PAGE
I o~3
PAGES
0: ..:.,
. .
e
e
CITY OF CHANHASSEN
. "
." ~-;
~~-
. <,t'
By: / -, ~ ,,/ ~/'.c:~~
onald J ..-elimieI, Mayor
By:
42 0a-_/6I
Don Ashworth, City Manager
STATE OF MINNESOTA)
( 55
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 30 tJ, day of
~ , 19i..4-by Donald J. Chmiel, Mayor and Don Ashworth, City Manager, of the
City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to authority granted by its City Council.
~~al~"AAPi
N ary bI c
-
DRAFfED BY:
Campbell, Knutson, Scott ~~ II tv
& Fuchs, P.A ijJJ1'"'
Suite 317
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
RNK
+-.......-................,......__......,_............~+
, 8"~J''''.. KAREN J. ENGELHARDT ,
, ~~ NOTARY PUBLIC-MiNNESOTA t
t ~~~&I CARVER COUNTY f
I ~ My CommissiOn Expires OCT, 16. 1997 f
+ -......---.... ...............-.......-...........+
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CAR~
Filing Fee eJt /6
This is to certi y that this docJ)ugent
~ed in tlJ.iAoffice ~the~day
19~.D.at o'clock
M. and was duly recorded as
document no.. ,134.04~6
. HANSON JR.
PAGE
a. OF3
PASES
by:
.. : "
~
p
e
EXHIBIT A
ei
p
All that pa~t of the SE 1/4 of the SW 1/4 of Section 34, Township 116, Range 23,
Carver County, Minnesota, described as follows:
Commencing at the SE co~ne~ of said SW 1/4 Section 34-116-23 .running thence No~th
along 1/4 line to the South. line of right of way of Milwaukee and St.
Louis Railway Co.,; thence Southwesterly along South line of said right of way
to South line of said Section 34; thence East along said Section line to
place of beginning. Being all that part of SE 1/4 of SW 1/4 said Section lying
South of right of way of said Milwaukee and St. Louis Railway Co., and con-
taining 2 1/2 acres.
AND
The SW 1/4 of the SE 1/4 of Section 34, Township 116, Range 23, lying southerly
of the Southeasterly right of way line of the Chicago and Northwestern Railway
Company, Carver C~unty, Minnesota, EXCEPTING therefrom the following described
parcels:
Parcell: A strip of land over and across the SW 1/4 of SE 1/4 Section
34-116-23 being 53 feet in width on each side of center line of Trunk Highway
No. 51, and said center line being described as follows: From a point on East
line of said Section distant 874.8 feet Northerly from the Southeast corner of
said Section; thence ~unning in a Southwesterly direction at an angle of 82054'
with said Section line for a distance of 1000.5 feet to a point; thence deflect
to the right 9000' on curve with delta angle of 57007' and radius of 71.6.8 feet
for a distance of 441.4 feet more or less to the East line of said SW 1/4 .of SE
1/4; thence continuing on said curve for a distance of 272.6 feet to a point:
thence on a tangent to said curve for a distance of 272.6 feet to a point:
thence on a tangent to said curve for a distance of. 819.6 feet to a point;
thence deflect to the left on a 15000' curve with delta angle of 95026' and
radius of 383.1 feet for a distance of 393 feet more or less to the North and
South 1/4 line of said Section and there terminating excepting therefrom that
part of the ~ight of way of Minneapolis and St. Louis Railway Company which lies
within said strip.
Parcel 2: Beginning at point 20.00 chains West from SE corner of said
Section 34 running thence North 4.06 chains to center of Chaska and Shakopee
Road; thence South 64030' West 8.93 chains; thence East 8.16 chains to place
of beginning. Containing 1.65 acres.
Par~el 3: Commencing at SE corner of SW 1/4 of SE 1/4; thence North 4.06
chains to center of Chaska and Shakopee Road, the point of beginning of tract to
be conveyed herewith; thence South 64030' West 170 feet to point of center of
said road; thence North and parallel to East line of said SW 1/4 of SE 1/4 to
South line of Trunk Highway No. 51; thence Southeasterly along South line Truck'
Highway No. 51 to point where same intersects East line of said SW 1/4 of SE
1/4; thence South along said East line to place of beginning. Containing 1/2
acre, more or less.
Parcel 4: Commencing at the point of intersection of the East line of
the SW 1/4 of the SE 1/4 of Section 34-116-23, and the Northerly right of way
line of u.S. Trunk Highway #212, as the same presently exists and runs through
said SW 1/4 of SE 1/4 of Section 34, which said point of intersection is the
place of beginning of the land to be herein described; thence running
Northwesterly along said Northerly right of way line a distance of 292 feet to a
point thereon; thence turning and running East parallel to the South Section
line of Said Section 34, a distance of 329 feet, more or less to the said East
line of the SW 1/4 of the SE 1/4 of Section 34; thence turning and running South
along said East line _a distance of 312 feet more or less to the place of
beginning,lying and ~eing in the SW 1/4 of SE 1/4 of Section 34-116-23 and con-
taining 1.10 acres of land, more or less.
PAGE
30F3
PAGES
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
June 5, 2008, 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
Nick's Storage & Parking - Planning Case 08-10 to the persons named on attached Exhibit
"A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing
the envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses 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
k
this 5+ day of ::fUl'\-<... ,2008.
~,.
KIM T. MEUWISSEN I
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
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GARY W DUNGEY &
GARY L BROWN LLP
1910 STOUGHTON AVE
CHASKA, MN 55318 -2218
CHASKA ECONOMIC DEV AUTH
ATTN: DAVE POKORNY
1 CITY HALL PLAZA
CHASKA, MN 55318 -1962
PHEASANT CREEK FARMS LLC
1827 VALLEY RIDGE TRL S
CHANHASSEN , MN 55317 -8419
RYAN NIEDFELDT
1925 STOUGHTON AVE
CHASKA , MN 55318 -2217
STEVEN M FINK
1915 STOUGHTON AVE
CHASKA , MN 55318 -2217
RICHARD K WERMERSKIRCHEN &
DOROTHY E WERMERSKIRCHEN
1930 STOUGHTON AVE
CHASKA. MN 55318 -2218
GARY & BARBARA DUNGEY &
TERI CONSTRUCTION INC
1910 STOUGHTON AVE
CHASKA, MN 55318 -2218
ALL STEEL PRODUCTS CO
1165 HIGHWAY 212 E
PO BOX 73
CHASKA , MN 55318 -0073
ST JOHNS EVANG LUTH CHURCH
300 4TH ST E
CHASKA, MN 55318 -1830
PROGRESS VALLEY STORAGE OF MN
6921 BEACH RD
EDEN PRAIRIE, MN 55344 -5227
KENNETH J & SHARON B SCONBERG
1791 STOUGHTON AVE
CHASKA , MN 55318 -2213
KAREN UNRUH OLESON
48209 270TH AVE
PALISADE. MN 56469 -2291
HIGH TERRACE LLC
PO BOX 260
CHASKA , MN 55318 -0260
HENNEPIN CO REG RR AUTHORITY
HENNEPIN CO GOVT CENTER
300 6TH ST S
SW STREET LEVEL
MINNEAPOLIS, MN 55487 -0999
DONALD J WENZ &
BETTY ANN CLARK
1955 WENZ AVE
CHASKA, MN 55318 -1273
TROY R & LESLEY J POPPITZ
3640 EDGEHILL RD
CHASKA . MN 55318 -9346
DENNIS L & DANA L NYSTROM
1800 FLYING CLOUD DR
CHASKA . MN 55318 -2435
JOSEPH ROBERT MONNENS
1781 STOUGHTON AVE
CHASKA, MN 55318 -2213
ALLEN L BRAKEMEIER
450 LAKE VIRGINIA TRL
EXCELSIOR, MN 55331 -9772
CHASKA CITY
C/O NOEL GRACZYK
1 CITY HALL PLAZA
CHASKA. MN 55318 -1962
JAMES E & KIMI L GABOURY
1905 STOUGHTON AVE
CHASKA . MN 55318 -2217