1 Paws, Claws subdivisionCITY OF
June 17,2003
CC DATE: Suly 14, 2003
REVIEW DEADTJNE: ~IIl~AIn~
STAFF
REPORT
By:. RG, LH, TH, IS, MS, ST
Z
I
LOCATION:
APPLICANT:
Request for subdivision appwval with a variance to d/vide a parcel into two lots,
Paws, Claws & Hooves, Inc. -.
..
10500 C. ae~ Plains Boulevard
Paws, Claws & Hooves, Inc.
10500 Gre~ Plains Boulevard
Chaska, MN 55318
(952) 445-0503
William C. Caiffith, Jr.
T_~rkin. Hoffm~ Daly & Lin~ Ltd.
1500 Wells Fargo Plaza
7900 Xeaxes Avenue South
Bloomington, MN 55431-1194
(952) 835-3800
.Itl
PRESENT ZONING: BF, Busin~ Pfin~ District
2020 LAND USE PLAN: Office31ndustrial
ACREAGE: 13.16 acre
DENSITY: NA
SUMMARY OF REQUEST: The applicant is requesting subdivision approval to create two lots from
one with a variance from the private street ordinance to permit the existing 24-foot wide pavement width
rather than the required 26-foot wide pavement width. Each lot would contain one of the buildings
currently located on the prope~. The site is bordered by Highway 212 to the south and Highway 101 to
the west. Access to the site would be from Highway 101 via a private street.~
Notice of this public hearing has been mailed to all property owners within 500 feet. '
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving-or denying a preliminary plat is limited to whether or not the proposed
plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. ff it meets these
standards, the City must approve the preliminary plat. This is a quasi judicial decision.
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PROPOSAL/SUMMARY
The owners of the property want to divide the ~ to cream two separate lots. One lot will
contain the kennel and the other will house the stable. The owners ~re requesting a variance fixma
the 26-foot wide private street width to allow them to use the existing 24-foot wide driveway for
access purposes. Staff has no objection to the granting of the variance since no additional
development is proposed as part of the subdivision of the pmtmrty. Should the owner, or future
owners, expand either of the uses or redevelop the site, staff is recommending a condition that
would require the private street be widened.
Staff reviewed the Conditional Use Permit attached to this application and _determined that this
permit needs to be amended if a subdivision occta's. The reduction in the area of the property on
which the stable is located reduces the number of hors~ that may be stabled from 35 horses to 27.
Some of the animal enclosures from the kennel are located on the south side of the private street
in parking spaces which will be located on the stable property once the subdivision is completed.
Due to the potential for a change in ownership of the lots, the ongoing commercial operationa
will need to be located on the corresponding building lot.
Ni
S~
ADJACENT ZONING AND LAND USE:
A-2; large lot single family residential and abandoned Railroad Right-of-Way used for a
A-2; Minnesota River Valley
BF; Used car sales
BF; existing Brooks Motel and Bluff Creek
This property is located outside the current Metropolitan Urban Services Area (MUSA) and is
scheduled to be brought in to MUSA in 2015.
There is a natural wetland located along the south edge of the site. Bluff Creek is located to the
southwest of the site which drains into the Minnesota River Valley (Wildlife Refuge). The site is
covered with mature trees and brush. There are bluffs along the northern portion of the
commercial kennel building. The building maintains the required setback fxom the bluff.
Staff is recommending approval of the subdivision, subject to the conditions of the staff ~port
which include upgrading the private street and storm water system to comply with the subdivision
ordinance and the dedication of a roadway and utility easement to facilitate the future extension of a
road system should this area redevelop.
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]~c 17, ~3
Page 3
Site Layout Sketch Plan
BACKGROUND
On February 8, 1988, the City Council approved a Conditional Use Permit for a Conwac~'s Yard
on this site. Conditional Use Permits expire within one year unless substantial work/conslxu~on
has taken place on the site. The applicants had delayed their construc~on of the impmven~ts due
to anticipated changes in their operation ~cally for recycling.
On February 27, 1989, the same application appeared before the City Council for an extemion. The
City Council moved to deny the extension.
On September 12, 1994, the City Council approved Interim Use Permit (94-1 IUP) to provide
outdoor storage for commercial dumpsters. Since then, the applicant sold their solid waste business
and the site remaim vacant. They stated at the time that they intend to start a new business;
boarding animals, and therefore, they are proposing to build a commercial kennel and stable.
On September 23, 1996, the City Council approved 1) Site Plan Review for the construction of a
8,152 square foot commercial stable and 12,936 square foot commercial kennel; 2) Conditional use
permit to allow a commercial kennel and commercial stable in a Fringe Business District, and a
conditional use permit to allow more than one principal building on a single lot; and 3) the City
Council also approved the variance for the stable building being of metal consmmfion, and denied
the variance for the kennel building being of metal consmmfion and approved a pylon sign in a BF,
Fringe Business District.
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LANDSCAPING/TREE P~VATION
Tree canopy coverage and preservation calculations are as follows:
Total upland area (excluding wetlands): 12.9 ac.
Baseline canopy coverage: 13% or 1.69 ac.
Minimum canopy coverage allowed: 10% or 1.29 ac.
Proposed tree preservation: 13% or 1.69 ac.
The developer meets minimum canopy coverage allowed.
There is no municipal water and sanitary sewer available to the site. As such, no utility
improvements are proposed. The existing site is served by a well and septic system. An individual
sewage treatment system 0STS) schematic has been tnvpared for Lot 2. The results of the soil
borings and percolation tests for the two ISTS sites on the easily lot must be submitted to the city
for review. The on-site sewage treatment located on the westerly-~ lot is an experinaental
system. This system is required to be monitored annually by means of inspection; the results of the
monitoring/inspection were to be submitted to the City of Chanhasaen. To date, we have not
received any information regarding the moni~ or know if any monitoring has been done to this
point
STREETS
The site is accessible from State Highway 101 through an existing private 24-foot wide paved
driveway. The plan proposed using the driveway to service both lots. The common portion of the
driveway will become a private street which will require a 26-foot pavement width, built to a 9-ton
design, and 40-foot easement per City Code, section 18-57 (o). The applicant is requesting a
variance from this requirement to permit the continued use of the existing driveway. Subdivision of
the ~ will require extending the common portion of the driveway pavement to the east
~ line of Lot 1. This will add additional impervious area to the site. A cross-access
easement and maintenance agreement for both lots will need to be tnvpared and recorded for the
common portion of the private street through Lot 1.
As part of the original review of the development, the Engineering memorandum dated April 10,
2003 included the following condition of approval: '~he private stax~ easement width shall be 40
feet, the pavement width 26 feet and built to a 9-ton design."
The applicant is requesting not to change the existing pavement and to keep it 24 feet wide with a
street easement of 40 feet, which will require a variance. Staff is fine with this since the use on the
site is remaining the same. A~gly, staff recommends the following condition of approval:
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June 17, 2003
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"The applicant must revise the private stxeet width to bring it into compliance with City Code when
there is any change in the use of the parcel and/or addition to any existing building."
To ensure ~ ~ for future development, City Staff recommends that an easement for road
and utility purposes be dedicated across the ~. The easement would be 40 foot wide in the
approximate location of the proposed private drive and extend to tho east lot line of Lot 2. This
easement would allow for cons~on of a public street if determined necessary at a future date,
but would not have setback issues for the cunvat pmgx~al.
The Minnesota Depamnent of Transportation has stated that additional access to Trunk Highways
101 and 212 will not be allowed. Any site reconfi~on must use the existing access to Trunk
Highway 101.
COMPLIANCE TABLE
Code
Lot 1
Lot 2
Outlot A
ROW (Highway 101 )
Total
Area in sq. ec (acres)
20,000 (0.459)
25,52 (2.88)
435,601 (10.0)
3,097 (0.71)
14,505 (0.333)
578,724 03.28)
vn,nta
256
1~75
456
Setbacks: Front- 25 feet, side- 10 feet, rear- 20 feet, bluff- 30 feet, wetland- 40 feet fxom
buffer edge with a 10 - 30 foot buffer, averaging 20 feet in width.
(Note: This area is guided for Offiedlndustrial Uses in the Comprehensive Plan. When ugoan
services are extended to this area, emrontly in the 2015 ~litan Urban Services Area
(MUSA), the site could be rezoned to Industrial Office Park, lOP, and developed in one acre lots.)
There is one jurisdictional wetland on site. This wetland has been classified as a natural wetland in
the City's Surface Water Management Plan. Its classific~on is based on delineation on the site
conducted in 1992. The notes from this delineation classify the wetland condition as excellent
seasonally flooded and wooded wetland, a possible example of pre-settlement wetland. It also
notes a wide variety of wetland vegetation with five dominant species and sightings of 18 different
plant species. The delineation indicates the source of water as surface water runoff and the route of
outflow is a culvert to the Minnesota River. The size of the wetland according to the SWMP is 2
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City ordinances require a 10 to 30 foot buffer strip with an average of 20 foot width for nalm'al
wetlands. There is also a 40-foot setback from the buffer strip so the building setback should be
from 50 to 80 feet averaging 70 feet away from the edge of the wetland. The current kennel and
stable appear to conform to these setback requirements; however, the wetland buffer and wetland
setback should be shown on the grading plan. Wetland buffer areas should be preserved, surveyed
and staked in accordance with the City's wetland ordinance. The applicant must install wetland
buffer edge signs, under the direction of City staff, before construction be~na and must pay the City
$20 per sign.
BLUFFS
It appears that there are bluffs on-sim. All areas meeting the City's definition of a bluff should be
shown on the grading plan. The toe of the bluff generally follows the 760 contour on the eastern
side of the property and the 750 contour on the western side of the property. In addition, the
bluff impact zone should be shown on the grading plan. The alteration of slopes and vegetation
in bluff areas is regulated by City ordinance.
GRADING~ DRAINAGE & EROSION CONTROL
There are two existing buildings on the lot that are to be sepaml~ into two proposed lots. No
grading and erosion control is proposed. The site sheet drains to the south toward the existing
storm pond for treaunent before discharging to a wetland along the south side of the ~. The
applicant should be aware that any additional impervious smface will require stormwater
management improvements and storm pond sizing calculations to review before final plat approval.
Existing stormwater runoff rates from the site must be main~~
STORM WATER MANAGEMENT
The proposed development is required to maintain existing runoff rates.
Drainage and utility easements should be provided over all existing wetlands, buffer areas and
storm water ponds.
Erosion Control
If construction occurs on-site, Type III silt fence should be provided adjacent to all areas to be
preserved as buffer. All upland atvam di~ as a result of construction activities shall be
immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded
within two weeks of completion of each activity in accxadance with the City's Best Management
Paws, Claws & Hooves
J~e 17, 2~3
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Surface Water Management Fees
Water Ouali~_ Fees
The water quality fees for this ~ development are based on commercial development rotes
of $7,008/acre. Because the lots are oversized to accommod_a*_¢ individual on-site sewage disposal
and water systems, the charge for each lot has been reduced to the charge that would be i .reposed on
a one-half acre lot. Therefore, the total water quality fees are $7,008. If ~ subdivision of the
property occurs, an additional charge will then be i .mr, osed less a credit for the charge previously
Water Onnnfl~_ Fees
The SWMP has established a connection charge for the different land uses based on an average
citywide rate for the installation of water quantity systems. Thia cost includes land acquisition,
proposed SWMP culverts, open channels, and storm water Ixmding areas for runoff storage.
Commercial developments have a connection charge of $5,171 per acre. Again, because the lots
are oversized to accommodate individual on-site sewage disposal and water systems, the charge for
each lot has been reduc~ to the charge that would be imposed on a one-half acre lot. This results
in a water quantity fee of $5,171 for the proposed development.
The total Surface Water Management Fees, due at the time of final plat recording, are $12,179.00.
PARKS AND RECREATION
The subdivision proposal to divide one 13.16-acre lot into two lots at Paws, Claws, and Hooves
results in the creation of one '~new" lot. This new lot is subject to park fee collection. In
comultation with the City Attorney's office, it was determined that the smaller of the two lots will
be assessed the charge. This method of calculation results in a significant savings for the applicant.
The current 2003 park dedica~on charge is $7,000 per acre. Lot 1, Block 1 is 125~521 square feet
or 2.88 acr~. As a condition of approval for this application payment of a $20,160 park dedication
fee charged against Lot 1, Block 1 is required.
PRIVATE STREET FINDINGS
In order to permit private streets, the city must find that the following conditions exist:
(1) The prevailing development pattern makes it tmfeasible or inappropriate to
construct a public street. In making this determination, the city may consider the location
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June 17, 2003
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of existing ~ lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the
public street system is not required to serve other parcels in the area, improve access, or
to provide a street system consistent with the comprehensive plan.
(3) The use of the private street will permit enhanced protection of the city's natural
resources including wetlands and forested areas.
Finding: The existing development of the site makes it tmfeasible to consmact a public street on
the property due to the location of the existing buildings. Adjacent ~es currently have
access to the trunk highways. The provision of a public street, under the ~t development of
the site, is not warranteA. Should these properties come in for future subdivision when tn, ban
services are available, the city will re-evaluate the need for a public street. Dedication of a
roadway easement will guarantee the ability of the City to meet a future demand for public
access. The applicant is requesting a variance to maintain the existing driveway pavement width
(24 feet), rather than upgrading the private street to the 26 feet standard. Should the existing uses
expand or the site is redeveloped, the applicant will need to upgrade the ms to the private
street standards for commercial ~ which requires a 26 foot wide, nine ton pavement
design within a 40-foot easement. An encroachment agreement would be necessary for the
private street located within the roadway easement~
SUBDIVISION FINDINGS
1. The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements of the BF, Business Fringe District
The proposed subdivision is cxmsistent with all applicable city, county and regional plsm
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with applicable phms.
o
The physical characteristics of the site, including but not lirnite.~ to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water
drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions spedfied
in this report.
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4.
The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements reqtfired by this
chapter;
Finding: The proposed subdivision is served by individual wells and septic ~s. The
storm water txmding and private sm:et will need to be upgraded to city standm~ should
impervious surface be added to the site.
5. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental damage.
6. The proposed subdivision will not conflict with easements of ~
Finding: The ~ subdivision will not conflict with existing easements, but rather will
expand and provide all necessary easements.
7. The proposed subdivision is not Inv.,mature. A subdivision is prema_~u'e if any of the
following exists:
a. Lack of ~_d~uate storm water drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
cl. Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision is provided with a private street, public roads abut the
subdivision, individual sanitary treatment systems, and wells. The storm water system and
private street will need to be improved to city stan~.
Section 18-22 states that the city may grant a variance from the subdivision regulations as part of
the plat approval process following a finding that the following conditions exist:
1. The hardship is not a mere inconvenience;
F~nding: The development is cmxenfly served by a 24-foot wide driveway which appears to
provide adequate access to the site. Should the uses expand or the site be redeveloped, the
adequacy of the existing pavement width would be questi~le.
2. The hardship is caused by the particular physical sm'roundings, shape or topographical
conditions of the land;
Paws, Claws & Hooves
June 17, 2003
Page 10
Hnding: The site is currently developed with two buildings which dictate the location of
the driveway. The locations of the buildings were, in mm, determined by the location of the
bluff on the north side of the ~ and the wetland on the south side of the property.
3. The condition or conditions upon which the request is based are unique and not generally
applicable to other ~; and
Findings: The site is currently develoIx~ with two buildings. In most subdivision
circumstances, pmtmay is subdivided and then developed. If the uses expand or the site is
redeveloped, then the current unique conditions will be altexed.
1
The granting of the variance will not be substantially detrimental to the public weffare and
is in acxx~ with the purpose and intent of the sulxlivision ordinance, the zoning ordinance
and comprehensive plan.
Findings: The development is currently served by a 24-foot wide driveway which appears
to provide ~leqtmte ~ to the site. Maintenance of the existing driveway should not be
substantially detrimental to the public welfare provided the existing uses not expand nor the
site be redeveloped.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"thc Planning Commi~ion recommends approval of thc two lot subdivision (2003-4 SUB) with a
variance for the private street pavement width to permit the uae of the existing 24-foot driveway for
Paws, Claws & Hooves, Inc., plans props_red by James R. I-rdl, Inc., dated January 30, 2003, subject
to the following conditions:
.
The applicant must amend the Conditional Use Permit for the Commercial Kennel and
Stable prior to the city ~g the final plat.
2. Extend the common portion of the private street pavement to the east pmina'ty line of Lot 1.
1
Cross-accc~ casements and maintenance agreements shall be prepared by the applicant and
recorded against Lot 1.
.
A 40 foot public road and utility easement shall be dedicated from Trunk Highway 101 to
the east ~ line of Lot 2. An encroachment ag~ement for the private street shall be
signed by the applicant. The applicant must revise the private street width to bring it into
Paws, Claws & Hooves
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June 17, 2003
Page 11
compliance with City Code when there is any change in the use of the parcel and/or addition
to any existing building.
5. All plans must be signed by a registew~ engineer.
6. Add silt fence along the south aide of the widened driveway.
,
Any additional i~ous surface will require storm water management improvements and
storm pond sizing calculations be review before final plat approval. Existing storm water
runoff rams from the site must be maintained.
,
If any additional impervious surface is added, the developer shall submit before and after
hydraulic computations for both the 10 and 100 year rainfall events, existing and proposed
drainage area maps, and storm drainage plans vefif)4ng that all existing drainage patterns
and systems affecting IVln/DOT right-of-way will be perpetua~L
.
Submit the results of the annual on-sim sewage treatment system monitoring plan as
required by the conditions of the on-site plan approved in 1998 for the existing septic
system.
10.
Submit the results of the soil borings and percolation te~ for the two ISTS sites on the
easterly lot.
11.
Pursuant to city ordinance, the applicant shall pay a $20,160 park dedication fee charged
against Lot 1, Block 1 as part of the recording of the final plat.
12.
ff a_ddifional grading in excess of 50 cubic yards is proposed or oecum, all areas meeting
the City's definition of a bluff should be shown on the grading plan. In addition, the bluff
impact zone should be shown on the grading plan.
13.
Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's
wetland ordinance. The applic, ant must install wetland buffer edge signs under the direction
of City staff and pay the City $20 per sign.
14.
Drainage and utility easements shall be dedicated over all existing wetlands, buffer areas
and storm water ponds.
15.
If construction occurs, Type Ill silt fence should be provided adjacent to all areas to be
preserved as buffer. All upland areas disturbed as a result of construction activities shall be
immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or
sodded within two weeks of completion of each activity in accordance with the City's Best
Management Practice Handbook.
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June 17, 2003
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16.
Because the lots are oversized to accommodate individual on-site sewage disposal and
water systems, the charge for each lot has been reduced to the charge that would be im,r~g~d
on a one-haft acre lot. The total Surface Water Management Fees, due at the time of final
plat recording, are $12, 179.00. If fu~er subdivision of the ~ occurs, an additional
charge will then be imposed less a credit for the charge previously paid."
ATFA~
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Findings of Fact and Recommendation
Development Review Application
Reduced Copy of Prelimina~ Plat
R~ Copy of Existing Conditions
Letter from Robert Generous to William C. Griffi~ Ir. dated 3/31/03
Letter from William C. Griffith, Ir. to Bob Generous dated 3/26/03
Letter from Robert Generous to William C. Crriffith, Jr. d~teg:l 3/18/03
Letter from Sharon Anderson to Robert Generous d_s_t_ed 3/23103
Public Hearing Notice and Mailing List for 5/6/03 Planning Commission Meeting
Letter from Steve A. Kirchman to Paws Claws and Hooves dated 5/21798
Email from Neal I. Blancher to Bob Generous dated 5/23/03
Public Heming Notice and Mailing List for 6/17/03 Planning Commission Meeting
Letter from Neal I. Blancher to Bob Generous dated 6/10/03.
Paws, Claws & Hooves
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Pa~ 13
CITY OF CHANHASSEN
CARVER AND HRNNEPIN COUNTIF~, IVIINNF~OTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Paws, Claws and Hooves, Inc. for Subdivision approval.
On May 6, 2003, the Chanhassen Planning Commission met at its regularly schedule meeting to
consider the application of Paws, Claws & Hooves, Inc. for preliminary plat approval of ~
to subdivide one parcel of 13.16 acres in to two lots. The Planning Commi~ion conducted a
public hearing on the proposed subdivision 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 District, BF.
2. The property is guided in the Land Use Plan for Officedln~al uses.
3. The legal description of the ~ is: (see Exhibit A)
4. The Subdivision Ordinance directs the Planning Commission to consider seven
possible adverse affects of the proposed subdivision. The seven (7) affects and our
findings regarding them are:
(1) The proposed subdivision is consistent with the zoning ordinance;
(2) The proposed subdivision is consistent with all applicable city, county and
regional plans including but not limited to the city's co ,mprehensive plan;
Paws, Claws & Hooves
June 17, 2003
Page 14
(3) The physical charact~stics of the sit~, including but not limit~l to topography,
soils, vegetation, susceptibility to erosion and siltation, susceptibility to
flooding, and storm water drainage are suitable for thc proposed development;
(4)
The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage disposal, streets, erosion control and all other i~vements
required by this chapter subject to the conditions of the staff
(5) The proposed subdivision will not cause environmental damage;
(6) The proposed subdivision will not conflict with easements of record, but rather
will expand and provide all necessary easements; and
(7) The proposed subdivision is not premature. A subdivision is prem.mre ff any
of the following exists:
Lack of adequate storm wamr drainage.
Lack of adequate roa~.
Lack of adequate sanitary sewer systems.
Lack of adequate off-sim public improvements or suptx~ ~g.
,
Section 18-22 states that the city may grant a variance from the sulxiivision
regulations as part of the plat approval process following a finding that the
following conditions exist:
(1)
The hardship is not a mere inconvenience. The development is cun-ently
served by a 24-foot wide driveway which aptwzrs to provide adequate access to
the site. Should the uses expand or the site be redeveloped, the adequacy of the
existing pavement width would be questionable.
(2)
The hardship is caused by the particular physical surroundings, shape or
topographical conditions of the land. The site is cun~tly developed with two
buildings which dictate the location of the driveway. The locations of the
buildings were, in mm, determined by the location of the bluff on the no~ side
of the propetW and the wetland on the south side of the propetW.
(3)
The condition or conditions upon which the request is based are unique and
not generally applicable to other ~. The site is cunenfly develot~ with
two buildings. In most subdivision circumstances, ~ is subdivided and
then developed. If the uses expand or the site is redevel~ then the current
unique conditions will be altered.
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(4)
The granting of the variance will not be substantially detrimental to the
public welfare and is in accord with the purpose and intent of the subdivision
ordinance, the zoning ordinance and comlne..hensive plan. The development is
currently served by a 24-foot wide driveway which appears to provide adequate
access to the site. Maintenance of the existing driveway should not be
substantially detlimen~ to the public weffare provided the existing uses not
expand nor the site be redevelotxxi.
e
The planning report #2003-4 Subdivision dated May 6, 2003, prepared by Robert
Generous, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
Preliminary Plat with the variance for the private street width.
ADOPTED by the Chanhassen Planning Commission this 17~ day of June, 2003.
CHA_NHASSEN PLANNI~G COMMISSION
ATFEST:
BY:
Secretary
EXIm~IT A
That part of Go~vcmment Lot 4, Section 36, Tow~_~Mp 116, North Range 23' West of the 5th
Principal Meridhn, Carver County, M/nnesota, wh/ch lies southerly of~ sougier, lY flight-or-.way
line of the Chica~o and North Western Railway Company (formerly Minneapol~ and St Louis
Railway Company) and the northerly of the northerly line of State Hii/tnvay No. 169 and No- 212,
EXCEPTING themfi~m that part contained in th~ following:
That part of Government Lots 3 and 4, Section 36, Township 116, ~__~nEe 23, described as follows:
Commencing at the West Quarter comer of said section; thence South along an extension Of the
west line of said Government Lot 4, a distance of 1'4.65 feet; thence northeasterly deflecting m the
left' 106 degrees 21 minutes 30 seconds, a distance of 1327.05 feet to the actual point 6f belgnning
of the tract of land to be ~bed; thence continuing northeasterly along'last described course
170.35 feet; thence northwesterly deflecting to. the lef~ 89 degrees 15 minutes, a distance orS0 feet
to a point marked by a Judicial Landmark; thence continuing northwesterly along last descnq~ed
course, a distance of 473.2 feet to a point marked by a Judicial Landmark; thence Northwes~ly
defleoting to the left 63 degrees 38 min~ a di.stallc, e of 40 feet to a_point m~ked by a Sudicial .
Landmark; thence south~y deflecting to the left 25 degrees 30 min _rvl3~__. a ~ of 146 feet
to a point mazked by a Sudicial l~ndm*rtc; thence sougaeasterly 545.52 feet to the actual point of
b~, a point being marked on the last described course by a Sudicial L,~d~n~_-. distant 50 feet
northwesterly of actual point ofbefiinninl/.
And except that part of the South Half of the Northwest. Quam~ of Section 36, Township 116,
Range 23, d~afibed as follows: S~ at a point on the North right of way line of Trunk
Hi.way No. 169 which poinI is 50 feet N~ of~ ~ ~ of~ ~ ~ a ~ I~.4
feet No~~ter~ from the West line of said Section 36 a~ measured alon~ the center !~_,~ of said
pavem~ and nmning thenoe North 13 degrees 32 mhnm~ West or at.ananlge of 89 ~ 15
min~__~.~ with said pavemeai a distanoe of 473.2 feet; thence North 77 ~ 10 rnlm _~__ Wear, 40
feet;. thence South 77 degrees 20 m_~~ West, 146 feet;'~ 8omheasmty 501 feet ~o tl~ North
~ of way tine of said trunk Iqi~hway 'and thence Nostheasterly along said right of way line 171
And IDCCEPT that part of said Oovermne~ Lot 4 lying easterly of the f011o~i~ descn'bed liae:
Commenoi~ at the West Quaner comer of said section; ience South along an extemion of
west line of said Oovemmem Lot 4, a distance of 14.65 'feet; ~ nm~heasmdy de/i~th~ to the
left 106 degrees 2'1 mlr~_~ 30 seconds, a distan~ of 1487.40 feet'm the actual point afbe4imi~
of the line to be desczi~ theace no~y deflecting to the ~ 89 degrees 15 m~_~
south line of said Chicago and North Western Railway Company and said ~ there
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPUCATION
APPliCANT: Paws Claws & Hooves, Inc.
ADDHES~ 10500 Drear Plains Blvd.
Chaska~ MN 55318
TELEPHONE (Daytime) 952-445-0503
OWNER:
ADDRESS:
TELEPHONE:
Same as Applicant
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of ROW/Easements
Interim Use Permit
Variance
Non-conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Sign Permits
Zoning Ordinance Amendment
!
S~n PLan Re~ew
Site Plan Review*
Notification Sign
X Escrow for Filing Fees/Attorney Cost**
($50 CUP/SP~P/Metes
and Bounds,¢~00 Minor SU,,~)
TOTAL FEES 550. O0
A list of all property owners within 500 feet of the boundaries of the property must be Included with the
ap,olication. *To be supplied by City
Building material samples must be submitted with site plan review&
~l'wenty-slx full size .folded copies of the plans must be submitted, Including an 8W' X 11" reduced copy of
~--~;/; ' 'r: .... , ]-- sach plan sh~L
'* Escrow will be required for other applications through the development contract
:ND'TE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAIdE
Paws Claws & Hooves
[OCA~O~ 10500 Great-Plains Blvd.~ Highways 101. an~ '16,9
LEGAL. DESCRIPTION See nlat drawinmm
--
TOTAL ACREAGE 13.16
WET1..ANDS PRESENT
PRESENT ZONING
REQUESTED ZONING
RusJ_uass Fringe
--
NO change
PRESENT LAND USE DESIGNATION Office - Industrial'
. .
-
REQ~ LAND USE DESIGNATION No' chan~e' . ' . ' ' .'"
P, EASON FOR THIS REQUEST Split stable and kennel areas into two lots.
Comply with
one building per lot rule.
'i'his applica~on 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 wtthln ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
Th~ is to certify that ! 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 applica..tio.' n should be processed In my name and I am the party whom
1he 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 authodzecl person to make
Zhis app~ and the fee owner has also signed this application.
! ~a'll keep myseff 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, feaslt~lity studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and Information I have submitted am true and correct to the best of
rn¥ knowledge.
'The city hereby notifies the applicant that development review cannot be completed wtthin 60 days due to public headng
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless 8doltional revtew
extensions am approved by the applicant.
Signature of Fee Owner
Date
Fee Paid
Receipt No.
The appllcant should contact staff for a copy of the staff report which will be available on Friday prior to the'meeting.
If nat contacted, a copy of the report will be mailed to the applicant's address.
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7?5.9 ;,,1?,:et BculevarcI
PO ~ox 147'
C."..'--.".'..as.,-:'~. It,tN 55311
Administration
P-- y'.:..-.:,:.2=7.1100
.:z,:..:U.).2T.1110
Building Inspections
P-.:ce: .aL',.227.1180
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Engineering
?.",~ E£.227.1160
?-'2 ,.:.'.7.1170
Finance
;-:"~- 5",2:271!4.0
::..-'.5~ ,_':7.1110
Park & Recreation
:-'": '.-_'2.~:.: 120
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: "'- ;" 2_771130
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:-~ ..:5_~227.1125
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Web Site
March 31, 2003
Mr. William C. Oriffith, Jr.
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Bloomington, MN 55431-1194
Re: Paws, Claws & Hooves, Inc. Application for Lot Split
Dear Mr. Griffith:
In the city's judgement, Minn. Statute § 15.99 does not apply to this application.
Since you believe that it does apply, we are processing the application, regardless
of the completeness of the application. However, due to the delay in beginnin.' g
the review, the city will be unable to complete the development review process
within 60 days of the original submittal (submitted March 14, 2003). We are
therefore notifying you that the city will be taking up to an additional 60 days to
complete the development review for the project, which would extend the review
period to July 13, 2003.
Additionally, you will need to install a development proposal sign on the property
and pay a $50.00 rental fee and $100.00 deposit. Once the fee and deposit are
paid, you can go to the city's public works building at 1591 Park Road to pick up
the sign for installation.
The project has been scheduled for review by the Planning Commission on May 6,
2003. If acted upon by the Planning Commission, it would be sent to the City
Council May 27, 2003.
If you have any questions, please contact mc at (952) 227-1131.
Robert Generous, AICP
Senior Planner
The City of Challhaesefl · l ~)r,::, ·; :;: ...... -::' · . : -: · -.'". '. : ::'2%."; '::,".','ca.':.. :~:;;,ific ':t.s:%.;-,oi._ ...... · ..... ;'-i:i.~. ;. .... ...... .,:.,h.,':','::, ~a'~. & .y-.'?,: p'a?. tO live. work. and o!ay.
~ A. VAN (3.EVE *
TliOTHY.L I~
TI~ F- I~
I~ J. D~
I~CHNa. J. ~TH
LARKIN, HOFFMAN, DALY ~; LINDGREN, LTD.
ATTORNEYS AT LAW
1530 WELLS FARC-.-.-.-.-.-.-.-K3 PLAZA
7g00 XERXES AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55431-1194
TELEPHONE (IGC?.) 835-3800
FAX (962) 898-3333
JA~X F. [Y4.Y
* .q. IO .N31~'I'T~3 !,1WIBGON~I~
~ Ol'qI.Y .N3IiETrED BI Kill fA
March 26, 2003
Mr. Bob Generous
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, M~ 55317
·
Re: Paws, Claws and Hooves Application for Lot Split; Our File 22,253-00
Dear Bob:
Thank you for your letter of March 18, 2003. We have reviewed Paws, Claws, and Hooves exi~
approvals, consisting of a conditional use permit, site plan permit, and variance issued September 23,
1996. These approvals do not prohibit a lot split, nor ~ they require a new CUP in the event of a lot
split. The prior approvals specifically reference the site plan, grading and drainage plan, erosion control
plan, and building elevations. None of these specifically-referenced plans axe proposed to change. There
is no indication that a new conditional use permit is required.
With regard to the other requests, please note that no changes are proposed to the i .mprovements on the
property, nor have the owners made alterations to the nattmtl features present for prior approvals. We
have reviewed the City Code § 18.40, setting forth the required data for plat applications, and we have
included that information with the application.
We therefore request the City's acceptance and review of the subdivision application without a new
conditional use permit application, and without imposing additional requirements beyond those in the
City Code. State law governing the review of applications provides that the City's review period begins
when the City receives an application "containing all infommtion required by law or by a previously
adopted rule, ordinance, or policy." Minn, Stat. § 15.99. We are including the original application with
this correspondence so that the City may continue review and schedule the appropriate public hearings.
Please notify us when this matter is scheduled for hearing.
LARXnW, HOFFMAN, DALY & LINDOREN, LTD.
Mr. Bob Generous
March 26, 2003
Page 2
Jr., for '
/'~RI~, HOFFMAN, DALY &
cc: Patrick and Nancy Lee Blood
84~016.1
Mr. William C. Crriffith, Jr.
March 18, 2003
Page 2
Private streets for commercial and industrial development must be 26 feet pavement
width, nine-ton design within a 30 foot easement (sec. 18-57). Please provide the typical
road section for the private street and show the private street on the plan. If the
applicants are requesting a variance from the standards, they will need to incorporate that
in their development review application with payment of the applicable fee.
I am returning your check as well as the development review application form. Please resubmit
the application with the appropriate fees and revised plan sheets. If you have any questions or
need additional information, please contact me for the application requirements, Lori Haak,
Water Resources Coordinator, for the wetland and bluff information, or Matt Saam, Assistant
City Engineer, for the storm water and private street information.
Robert Generous, AICP
Senior Planner
Lori Haak, Water Resources Coordinator
Matt Saam, Assistant City Engineer
Enclosures
Minnesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
April23,2003
City of Chanhasscn
7700 Market Boulevard
P.O. Box 147
Chanhmsen, Minnesota 55317
Paws, Claws & Hooves Plat
Minnesota Department of T~tion Review #P03-040
E of TH101/N of TH212
Control Section 1013
The Minnesota Department of Transportation ~T) h~s reviewed thc above referenced plat in
compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any fin-thcr development, please
address the following issues:
Additional acccss to Tnmk Highway 101 or Tnmk Highway 212 will not be allowed. When access
points increase along a highway, they degrade its capacity and safety. If any site reconfiguration
should occur the design must take advantage of the existing access to Trunk Highway 101.
The proposed development will need to nmintain existing drainage rates (i.e., the rate at which storm
water is discharged from the site must not increase). Thc City or project developer will need to
submit before/after hydraulic computations for both 10 and 100 year rainfall events, existing and
proposed drainage area maps, and storm drainage phms verifying that all existing drainage patterns
and systems affecting Mn/DOT right of way will be perpetuated. Please direct questions concerning
these issues to Katie Heinz (651-634-2407) of lVln/DOT's Water Resources section.
Any use of or work within Mn/DOT right of way must be justified and requires a permiL Please direct
questions regarding permit applications to Keith VanWagncr (651-582-1443) of Mn/DOT's Permits
section.
Please send a copy of the final plat for Mn/DOT review to the following address:
Brace Wetherbce
MrVDOT - Metro West Surveys
2055 N. Lilac Drive
Golden Valley, MN 55422
Phone: (763) 797-3110
An equal opportunity employer
RECE /E
APR 9 2003
CiTY OF: CHA ' I"IASSEi\t
City of C"nanhassen
April 23, 2003
Page 2
Please address all future correspondence for development activity such as plats and site plans to:
Paul Czech
Mn/IX)T - Metro Division
Waters Edge
1500 West County Road B-2
Roseville, Minnesota 55113
Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of
other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2)
copies of other review documents will make a submittal incomplete and de]ay Mn/DOT's review and
response to development proposals. We appreciate your anticipated cooperation in providing the
necessary number of copies, as this will prevent us from having to delay and/or return incomplete
submittals.
Since~. ly,
Sharon Andemon
Transportation Planner
John Freemyer / Carver County Surveyor
Roger Gustafson / Carver County Engineer
James R. Hill, Inc.
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, MAY 6, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL:
Subdivision Request
APPLICANT: Paws, Claws & Hooves
LOCATION: 10500 Gmat Plains Blvd.
NOTICE: You am invited to attend a public hearing about a proposal in your ama. The applicant, Paws,
Claws & Hooves, Inc., Is requesting subdivision approval to divide a 13.16 acre lot into two lots on property
zoned BF, Business Fringe District and located at 10500 Great Plains Boulevard,
What Happens at the Meeting: 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 Chelr will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are mcaived from the public.
4. Public headng is closed and the Commission dIscusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hell during
office houm, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about thIs project,
please contact Bob at 952-227-1131. If you choose to submit written comments, it Is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of thIs hearing was published in the Chanhassen Villager on Apdl 24, 2003.
Smooth Feed SheetsTM U~e template for 5160®
:~JN SNOW OR SHINE GOLF LLC
i2.76 SCANDIA RD
~/ACONIA MN 55387
-STATE OF MINNESOTA-DNR
TAX SPEC. - BUREAU OF R E MGMT
500 LAFAYETTE RD
ST PAUL MN 55155
BERT A & BONNIE LYNN NOTERMANN
812 CO RD 78 E
SHAKOPEE MN 55379
SKIP S COOK
15526 VILLAGE WOODS DR
-'DEN PRAIRIE MN
55347
ROBERT E & BE'I-FY J DRURY
575 FLYING CLOUD DR PO BOX 193
SHAKOPEE MN 55379
MICHAEL S SPIESS
470 FLYING CLOUND DR
CHASKA MN
55318
~-"I'ATE OF MINNESOTA-DNR
I'AX SPEC. - BUREAU OF R E MGMT
~ LAFAYE'I-rE RD
~ PAUL MN 55155
JACK BRAMBILLA
550 VALLEY PARK DR
SHAKOPEE
MN 55379
LARRY HOPFENSPIRGER
2720 QUAKER LN N
PLYMOUTH MN
55441
3KIP S COOK
15526 VILLAGE WOODS DR
--DEN PRAIRIE MN
55347
U S FISH & WILDLIFE SERVICE
1 FEDERAL DR ,BISHOP HENRY WHI
ST PAUL MN 55111
DEBRA L WENDORF
740 VOGELSBURG TRL
CHASKA MN
55318
JOHN & DOLORES MALZAHN
10551 GREAT PLAINS BLVD
.~HASKA MN
55318
STATE OF MINNESOTA-DNR
TAX SPEC. - BUREAU OF R E MGMT '
500 LAFAYETTE RD
ST PAUL MN 55155
ALLEN R ROTHE
750 VOGELSBERG TRI_
CHASKA
MN 55318
~,ILEY PURGATORY BLF CRK WS
3/O RAY HAIK
~?. S 9TH ST ft~300
vllNNEAPOLIS MN 55402
TIMOTHY P & JAMI L BUSBY
2510 BRINKHAUS ST
CHASKA MN
5,5318
NORMAN & KAROLINE L MONROE
TRUSTEES OF TRUST
565 LAKOTA LN PO BOX 115
CHASKA MN 55318
:~CH DEVELOPMENT LLC
10500 GREAT PLAINS BLVD
.~HASKA MN
55318
JON ROHS CONST & REAL EST INC
600 S HWY 169 INTERCHANGE TOV~
ST LOUIS PARK MN 55426
DEVAL U & DA'n'A D MEDH
535 LAKOTA LN
CHASKA MN
55318
I'HOMAS W & BEATRICE I ZWIERS
)390 267TH ST
.AKEVlLLE MN 55044
JAMES A & BONNIE B SWANSEN
615 LAKOTA LN
CHASKA MN 55318
P R KELLY PROPERTIES LLC
55O FLYING CLOUD DR
CHASKA MN
55318
STATE OF MINNESOTA-DNR
tAX SPEC. - BUREAU OF R E MGMT
il:lO LAFAYETI'E RD
~ PAUL MN 55155
VERNE L & SUSAN B SEVERSON
675 LAKOTA LN
CHASKA MN 55318
Address Labels
LBSel'
CITYOF
CHANtlg EN
~ 3,linn~ut 55317
Phone 612.93Z I900
C..entrd Fax. 612.93Z5739
~ Fm: 612.93ZgI52
t~ablir Saf~ Fax. 612934.2524
May 21, 1998
Paws Claws and Hooves
Mr. Pat Blood and Ms. Nancy Lee
, ][,0500 Great Plains Blvd.
Chaska, MN 5531~
Re: Experimental ISTS
De~' Pat and Nancy:
I have reviewed the design submitted by Swedlund Septic Service for. the proposed ISTS ~t
the kennel site. I have also made a site visit.
As I have explained, there is no criteria available for
Your ISTS will be an experimentxl system
Sewage Treatment Systems Standards, Chapter
should be aware of include:
' ?y.,--.;.
1.
....
waste. For this r~ason,
requirements of Individual
of the standard you
the
may be
area sizing,
...
histou?, g'6sfim~d 600 gl~ w~i ailPmyiilg the hSl~g ~ ~ ~ f
~~~-of ~ ~i~. M~ ~m wu ~ ~ ~ u~ of
. ... ,::/."~'¥Jjs~i~ ~~ N ~e ~ Y~ ~~ ~e h si~ifi~fly l~s, ~ ~
".".':. ::~ :.:)-? :~':,:~'.~.~~i. ~ ~e ~W ~h~ ~1 ~~ ~e flow ~11 ~~, ~d
'-'-'-"::';':)~ ~ ~ j~ly ~'.~ ~en ~e IS~ m~es?~p~ ~m~.
~:T'3- 2-. '55-h':'.3~&Z'v, d .... '""" '
M~ ~t be ~tMled
I
Mr. Pat Blood and Ms. Nancy Lee
May 21, 1998
Page 2
be inspected and/or pump~ annually unfd the rate of accumulation of solids
.
Mitigation Plan. 7080.0910 Subp. lG. A mitigationplan is required for an
experimental syn. The purpose of the plan is to provide an acceptable
option for tremm~t and disposal should the experimental system fail. I assume
in your case, the ~on.plan would be to go back to using the holding ~mks.
.
Water Mt'ten 7080.0190 Subp. 3aA. The volume of liquid distribtmnt to the
treatment area is requinnt to be measm~. This m~ur~xnent is useful when
evaluating systm~ p~rfommace. For this purpos~ an event counter or water
meter must be installed. With the hard wamr commonly eneountma~l ia
Chanhassen, meters ~ clog up. It may be desirable to install an event
counter that will record each time the pump is switched on instead of a wa~
meter.
.
Distribution of Effluent. 7080.0190 Subp. 3aB. The trench system must be
designed so that no single portion tak~ over 25% of the overage design flow.
With this distribution, failure of one trench will not cause fail~ of the entire
system. Distribution of effluent as specffied by the code will rexluire four
trenches.
1
Monitoring Plan. 7080.0190 Subp. 3aD. An experimental system requires a
moniWring plan. The requirements specified ia item #1 above constitute the
elements of the monitoring plan.
1
Re~ of Monitoring. 7080.0190 Subp. 3aE..The results ofthe annual septic
tank pump and/or inspection, the results of the annual treatment area inspection,
the status of the .septic tank filter(s), and the reading on the water meter and/or
event counter must be submitted to the city annually in late spring. Filter clogs,
tank alarms or any malfunctions must be reported as they occur.
Some of these items require a change ia the design; others require your agreement. Submit
a revised design iacorporating and demffing applicable requirements listed above. You
may sign and date ia the area provided below to signify agreement to the following
conditions one through five.
1. We agree to have the ISTS design revised to:
· Indicate aa average design flow of 180 gpd.
· Provide four trenches.
· Provide an alarm in the septic tank.
· Provide a filter in the sc~cic tank.
2. We agree to resume pumping as needed to mitigate a fa/lure of the experim~.tal IS'IS.
3. We agree to install a water monitoring device.
Mr. Pat Blood and Ms.'Nancy Lee-
May 21, 1998
Page 3
4. We agree on a monitoring plans that consist~ of inspecting and/or pump/nB the septic
tank annually and inspecting the treatment area annually.
5. We agree to submit results of the monitoring annually in late spring.
I will be happy to discuss these requirements further w/th you and/or your designer. Call
me if you have questions.
Sinc~rely,
Steve A. Kimhman
Building Official
po:
Jeff Swedlund, Designer
Building f-fie, 10500 Great Plains Blvd.
We agree to comply with conditions one through five listed above.
· - .... ~a~ (print or typo) .
Message Page 1 of 3
Generous, Bob
From: Blanchett, Neal J. [nblanchett@lhdl.com]
Sent: Friday, May 23, 2003 10:54 AM
To: Generous, Bob
Subject: RE: Paws, Claws & Hooves Subdivision
Dear Bob:
By this correspondence, we are granting an extension of the time to review the application until July 14th, 2003.
Ne, al J. Blancher
Larkin Hoffman Daly & Lindgren, Ltd.
Suite 1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Bloomington, MN USA 55431
Telephone 952.896.1553 (direct)
Fax 952.842.1735
E-mail nblanchett@lhdl.com
Secretary Carol Wendt
----Original Message ....
From: Generous, Bob [mallto:bgenerous(i~d.chanhassen.mn.us]
Sent: Friday, May 23, 2003 10:36 AM
To: 81anchett, Neal 3.
Cc: Aanenson, Kaba; Burgess, Teresa; Gerhard~ Todd; Haak, Loft; Knutson, Roger; Sweldan, Mahmoud
Subject: RE: Paws, Claws & Hooves Subdivision
Dear Neal:
After review of the hearing dates, I discovered that I can not raschedule you to the June 17th Planning
Commission meeting unless I receive a signed statement that the applicant is waiving the deadline for action by
the city. At a minimum, we would need an additional 30 days, until August 12, 2003, to assure that the Planning
Commission and City Council have adequate time to review the application. We don1 want to drag the review
process out any longer than necessary, but the postponements have thrown our review process off schedule.
Please let me know today if your clients agree to this waiver.
Bob Generous
----Oflginal Message
From: Blanchet~, Nea1.1. [mailto:nblanchett~lhdl.com]
Sent: Thursday, May 22, 2003 3:54 PM
To: Generous, Bob
Cc: Aanenson, Ka~e; Haak, Loft; HoffTnan, Todd; Sweldan, Mahmoud; Burgess, Teresa; Knutson, Roger;
Gerhardt, Todd; Grtffith, William C.
Subject: RE: Paws, Claws & Hooves Subdivision
Dear Bob,
Please remove Paws Claws and Hooves from the June 3, 2003 Planning Commission agenda and place
it on the next Planning Commission agenda, which I understand to be June 17th, 2003. Please notify me
if my understanding is not correct. Thank you.
5/27/2003
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JUNE 17, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL:
Subdivision Request
APPLICANT:
LOCATION:
Paws, Claws & Hooves, Inc.
10500 Gmat Plains Blvd.
NOTICE: You are Invited to attend a public headng about a proposal In your-area. The applicant, Paws,
Claws & Hooves, Inc. is requesting subdivision appmvai with a variance to divide a 13.16 acre lot into two
lots on property zoned BF, Business Fdnge Distdct and located at 10500 Great Plains Boulevard.
What Happens at the Meeting: 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. Dudng the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments am received from the public.
4. Public hearing is dosed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Bob at 227-1131 or e-mail bgenemusOci.chanhessen.mn.us. If you choose to submit written
comments, it Is helpful to have one copy to the department in advance of the meeting. Staff will provide copies
to the Commission.
Notice of this public hearing has been published In the Chanhaseen Villager on June 5, 2003.
®09~ JaS~l
THOMAS W & BEATRICE I ZWIERS
9390 267TH ST
LAKEVILLE MN 55044
ALLEN R ROTHE
750 VOGELSBERG TRL
CHASKA MN
55318
SlaCl~ ssaJpp¥
JOHN & DOLORES IV~I 7AHN
10551 GREAT PLAINS BLVD
CHASKA MN 55318
DEVAL U & DATTA D MEDH
535 LAKOTA LN
CHASKA MN 55318
THOMAS W & BEATRICE I ZWIERS
939O 267TH ST
LAKEVILLE MN 55044
ROBERT E & BETTY J DRURY
575 FLYING CLOUD BB BOX 193
SHAKOPEE MN 55379
NORMAN & KAROLINE L MONROE
TRUSTEES OF TRUST
565 LAKOTA LN PO BOX 115
CHASKA MN 55318
MICHAEL S SPIESS
470 FLYING CLOUND DR
CHASKA MN 55318
SKIP S COOK
15526 VILLAGE WOODS DR
EDEN PRAIRIE MN 55347
JON ROHS CONST & REAL EST INC
600 S HWY 169 INTERCHANGE TC
ST LOUIS PARK MN 55426
P R KELLY PROPERTIES LLC
550 FLYING CLOUD DR
CHASKA MN 55318
LARRY HOPFENSPIRGER
2720 QUAKER LN N
PLYMOUTH MN 55441
TIMOTHY P & JAMI L BUSBY
2510 BRINKHAUS ST
CHASKA MN 55318
STATE OF MINNESOTA-DNR
TAX SPEC. - BUREAU OF R E MGMT
500 LAFAYETTE RD
ST PAUL MN 55155
BERT A & BONNIE LYNN NOTERMANI~
812 CO RD 78 E
SHAKOPEE MN 55379
VERNE L & SUSAN B SEVERSON
675 LAKOTA LN
CHASKA MN 55318
PCH DEVELOPMENT LLC
10500 GREAT PLAINS BLVD
CHASKA MN 55318
STATE OF MINNESOTA-DNR
TAX SPEC. - BUREAU OF R E MGMT
500 LAFAYETTE RD
ST PAUL MN 55155
JAMES A & BONNIE B SWANSEN
615 LAKOTA LN
CHASKA MN 55318
JACK BRAMBILLA
550 VALLEY PARK DR
SHAKOPEE MN
55379
U S FISH & WILDLIFE SERVICE
1 FEDERAL DR BISHOP HENRY W
ST PAUL MN 55111
RILEY PURGATORY BLF CRK WS
CIO RAY HAIK
222 S 9TH ST #3300
MINNEAPOLIS MN 55402
SKIP S COOK
15526 VILLAGE WOODS DR
EDEN PRAIRIE MN 55347
RAIN SNOW OR SHINE GOLF LLC
8276 SCANDIA RD
WACONIA MN 55387
DEBRA L WENDORF
740 VOGELSBURG TRL
CHASKA MN
55318
STATE OF MINNESOTA-DNR '~ STATE OF MINNESOTA-DNR
TAX SPEC. - BUREAU OF R E MGMI' ~ TAX SPEC. - BUREAU OF R E MGM'I'
500 LAFAYETTE RD '~ 500 LAFAYE'n'E RD
ST PAUL MN 55155 ~ i~ ST PAUL MN 5515.-5
.: .'
- :
mog'r,~ JOj a~ldma~ ~sR ..sleeqs pa~j LI~OOWS
U S FISH & WILDLIFE SERVICE
1 FEDERAL DR BISHOP HENRY W
ST PAUL MN 55111
'1
narKln Ho££man 6/10/2003 3:08 PAGE 2/7 RightFax
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
7~00 ~ AVENUE 8OUTH
~,~A 554,~1-1184
~ ~E~~
June 10, 2003
~=n Phumhlg Commissioners
7700 M~k~ Bo~evnrd
Cl:mnl:l~'~ MN 55317~147
Re: Paws Claws And Hooves Subdivision Appltcaltion; Our File 22,2~3-04
D~ar Planning Commiaaioncrs:
We represeni Paws, Claws and Hoov~ (PCtt) with respect to this app~o~ PCH is pmpos_;ng to
divide its pml~'ty into two lots. No new consimotkm or change of'use is proposed. D~pite thi,~ fhe
staffreport of May 1, 2003 (tim "Planning Report~ states num~'ous ~ l~stri~ions. New restrictions
a~e not necessary, nor are they legally supportable, since PCH proposes no chan~ to the site. For the
reasons set forth in this l~t~r, we ask that ~u oHmim~, the rcstlictiolls ~ below and recommend
approvd of the PCH proposal.
The Am~lication Meets The Standards For Am~oval
....
As the Planning Report has noted, the request mcets the standards for approval as set out in thc City Code.
Thc subdivided lots arc of sufficient size, have adexiuat~ fl~ntagc, and can be adcquot_~ly served with
ufilit/cs. Thc subdivision docs not change any of the site's i .mimct on its neighbors or on public
in6'utructurc. Thcrcforc, thcrc is no ncw impact that justifies ncw rcstri~.
The Recommended Conditions Must Be Modified or Deleted
The Planning sta~ while recomm~ approval, adds 16 recomm~ canditions in the Plmming
Report These conditions are attached for refimmce. They should be modified or deleted as follows.
Ttmre is no legal basis tqxm which to re-open th~ existing Conditional Use PmmiL Both the
kmnel and stable are authorized by thc Condi6~ Use P~mit issued by the City September 23,
after thc subdivision. It inclmtcs a l~ng~hy list of condi~_'ons, but nowhere does it specify it must
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LARKIN, HOFFMAN, DALY & LINDOlt~, LTD.
Co~oncra
.Tune 1 O, 2003
Pas. 2
be re-opened for subdivision or any other approval. In facg it provides sepazme conditions for thc
ke~ol and for the atabl~ making it easy to apply the appropriate condition to ~ appropriate use
at~ subdivision.
The City Code do~ not authorize the City to re-open a Conditional Use permit whenever a
landowner seeks another City approval_ In fact, ther~ am no provisions in the zoning or
subdivision sections for re. openin_.o a Conditional Use Permit at all. Mhmesota law providca that a
Conditional Use Pc~nit remains in effect so long as the conditiom are obs~vc~L Mirm.StaL §
462.3595, sub& 3 (1990), Nonl~_ into Plaza v. CiW of RocheS, 465 N.W~ld 686, 689 (Minn.
1991) The existing Conditional Use Permit cannot lose eft, or so long as PCH 0ompli~ with the
conditions,
.
Extending the private street pavement unnecessmily adds impeceious surface. The stable is served
by a gravel drive for a short length. Staff acknowl~ea that a privat~ street is appwpfiate, but
recommends adding a few feet of pavement. There is no nogd to extend private street pavement
beyond thc kennel acccss poin~ ~inec thc road is only a drivcway to thc stable beyond that point.
Privat~ strcct standards apply only to the portion of tho drivc scrving both kcnncl and stable.
3. PCH will provide cross-access easements and maimenance agreeme~ u
am
Staff requ~ a 40-foot public mad ami utility casement across the entire property from Highway
101 to tho cast linc. This public cascmcnt is a subdivi~on cxactioa, and must meet thc legal
of property only whcrc th~ dedi~0n is require~ a~ a result of tho appro~ of thc subdivision.
Minn. St~ § 462358, subd. 2b.
The U.S. Supreme Court has examined pmdsely this situation in Dol~ V. Ci~ ofTig, ard, (512
U.S. 374 (1994)). The Court adopted a two part test, commonly r~fermd 1~ as "tho Dolan test."
To satisfy tho first part of tho t~st, the City must ma~ an "individualized dete~mim~ion ttug the
requi_,~ dedication is related both in nature and cxtcnt to th~ ' .,mpact of ~ propo~d
w/thom compensation only ff that ~ is m~,esaary to all~wiat~ som~ impa~ of thc owncr's
new devclopmenL Thc "city has thc burdea of proving thc required redati~ betwccn thc
property development and tho city's need for ~ dedi~on.' Kott~.hado v. City of Rochester,
//37 N.W.2d 301,307 0V[inrt. App. 1~').
In this case,, there is no new im.nact. Therefore, there is no j~stitSt._~ _tm to require a new 40-foot
fight-of-way eas~nmI across the ~ pmpmW. The Kottw, had~ case provides an illustrative
exampl~ In that case, a devel~ proposed a major oommemial development cresting substantial
haffic i~. The traffic impacts were groat enough that a now highway inicmhm~e was
necessary. The City could require tho hmdowncr to give up the land necessary for the new
intcrchangc, u a condition of approving the new development that crcated a need for that
interchange. In PCH's case, there is no new traffic and th, relate no ~ for a new road. Because
there is no legal justification to require a new public road easement, this condition must be deleted.
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LARKIN, HOFFM , DALY & ~, LTD.
C~nnhsms_ ~n Plmming
Commi~iongrs
June 10, 2003
Pa~e 3
5. PCH will ensure that plans are signed by a registered engineer.
6. No re-~ is proposed.
7. No additional i?ervious surface is propo~ This condition should bo deleted.
8. Th_is condition also applies only ffnew i~ous mn'fa~ is addecL
9. PCH has adequately in~ected and m~ tho septic systam; records will bo provided.
~0. PCH will subm~ docunmnt~on that the proposed new septic sites are adequa~
11.
There is no justification for a park dedication fee, since, unlike a resi~ subdivision, this
subdivision creates no new need for parks. The need for park dedication may arise upon further
development, and the City could impose it at that time. Any n:quir~nent should be deferred.
Even if there was a justification for some dedication, PCH would consent to it only if it was the
only dedication required for the area comprising Lot l, Block I.
12. PCH will submit bluffi~ information if my grading is pwt~sed. No grading is proposed.
13. PCH will work with the City to properly designa~ ~
1S. No construction is proposed.
16.
The Site has limitations which would'~ any futm~ rm;l~rdopmm~ The Site is not-served by public
utilities. It is ~y desilpmted "Business Frh~o" ami only limited uses ar~ allow~ Staff's sulggest~
development conditions sr~ ~ towsrd fumm redevolopmm~ If'the Sito is rod~voloped, the City
will have an opportunity to impose those condi~ when teviewing that redevelopmeat. The conditiom
S~ly,
Ne, al J. Blanchett, for
LARKIN, HOFFMAN, DALY & T.1NDGR~rN, LI~
Larktn Ho££man 6/10/2003 3:08 PAGE 5/7 RightF&x
LARK~, HOFFMAN, DALY & LINi~R~q, LTD.
Commil~ion~'s
June I0, 2003
Page 4
Pat and Nancy Blood
William C. Griffith, Ir.
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~ from City P~ ~ dat~ May 1,2003]
~&TION
lw
.
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il.
1.2.
13.
14.
15.
16.
179.00. ff'~ ~m of the lrope~ ~ an adcr~oml