1 Platting Old Village Hall AddCITY
PC DATE: 01/07/03
CC DATE: 01/27/03
REVIEW DEADLINE: NA
STAFF
REPORT
PROPOSAL:
Platting of the Old City Hall -Pony, Pauly, Przymus site into two lots, one outlot
and right-of-way. '-
LOCATION:
Southeast comer of West 78th Street and Great Plains Boulevard
APPLICANT:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
PRESENT ZONING: Central Business District, CBD
2020 LAND USE PLAN: Commercial
ACREAGE: 2.12 acres
DENSITY: NA
SUMMARY OF REQUEST: The city is platting the site located at the southeast comer of West 78th
Street and Great Plains Boulevard in order to prepare the property for future sale. The site has historically
been known as the Pony-Pauly-Przymus site due to previous use of the property. Variances are necessary
for the old Village Hall site since the CBD district requires a minimum lot size of 10,000 square feet and
the proposed lot is only 7,392.55 square feet and a minimum lot width of 100 feet and only 66 feet is
proposed for Lot 2.
Notice of this public hearing has been mailed to all property owners within 500 feet.
,.i
~m~
mm
O-
L
th
V~
St.
Pony-Pauly-Przymus Plat
January 7, 2003
Page 2
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.
If it meets these standards, the City must approve the preliminary plat. 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.
PROPOSAL/SUMMARY
The city is proposing the replatting of the old Village Hall property located in the southeast comer
of West 78th Street and Great Plains Boulevard in order to clear up the title for future sale of the
property to a private party. Part of the problem with the site is that Great Plains Boulevard use to
run across the property before it was realigned as part of the West 78th Street and Highway 101
realignment. The platting proposal is to create a small site for old City Hall comprising the
building, plaza and landscape planter, a larger site for a commercial user, dedication of the right-of-.
way for West 78th Street and Great Plains Boulevard, and a small outlot on the west side of Great
Plains Boulevard. However, the site for old Village Hall is only 7,392.55 square feet with a lot
width of 66 feet. The CBD district requires a minimum lot size of 10,000 square feet with a
minimum width of 100 feet. The intent of Lot 1 is to only include sufficient area to comply with
building code requirements and have the plaza and landscape area to the north of the building.
The property to the north is zoned CBD and contains the old Kenny Market building. To the east,
is old St. Hubert's Church, currently leased by the city and subleased to Colonial Church at
Heritage Square. St. Hubert's Catholic Community owns the church and cemetery. Re/Max built a
building to the southeast of the site. The railroad and West 79th Street are south of the site.
Brown's car wash, zoned Highway Business District, BH, is on the south side of West 79th Street.
West of Great Plains Boulevard is the Chanhassen Dinner Theater, which is zoned CBD.
BACKGROUND
Village Hall was constructed in 1898. This area is in the most historical portion of the City.
The building, once parallel to Hwy. 101, has been shifted to be parallel to Great Plains
Boulevard. Historical accounts indicate that a band shell was located near old Village Hall.
This building is still in good physical condition.
The Pauly/Pony/Przymus property is owned by the EDA. The parcel is 1.15 acres in size. The
buildings have been removed and the site is currently vacant, except for a parking lot and trash
Pony-Pauly-Przymus Plat
January 7, 2003
Page 3
enclosure. The current zoning on the site is commercial. The 2020 land use guides the property
commercial.
In 1998, the city undertook a historic district study of the area. There had been some discussion
among members of the community about leaving this property as open space and there has been
strong opposition by the majority of the neighbors to any building on this site. However, this
may not be the best site for the preservation of open space, because it is a small, comer parcel.
A building located on the site should be a designed so that it complements the area and is in
close proximity to the street. Also, the existing plaza located north of Village Hall must be
preserved and utilized as a community gathering area. Any new buildings should conform to
the common "old town" design standard with parking located behind the building (south side of
property) in the existing parking lot.
This district includes the original St. Hubert's Church and the accompanying cemetery. The Old
St. Hubert's District embodies the history and pride of the downtown and the City. It is a
landmark with a historical reference point for the city's origin and represents center of
community. This site is 1.74 acres in size. The site includes the Old St. Hubert's Church and
the Catholic Cemetery. Old St. Hubert's was built in the 1880s. The steeple on the church has
become a landmark in the area. The site lines to the steeple should be maintained. The
cemetery has additional burial plots and as a use it will always remain as a cemetery.
In 2000, St. Hubert's purchased the Schlenk property for future expansion of the cemetery. This
property is 1.75 acres in size. The old bed of the railroad tracks was vacated and sold back to
the Schlenks. There are approximately 4 acres total. The current zoning is RSF (Residential
Single Family). The 2020 land use plan for this site is medium density residential. The home
on this property was probably built in the 1940s. It is surrounded by open space and mature
trees with a charming flower garden that greets those who enter the heart of the city. Access to
the site should be designed so that it does not add to the congestion of West 78th Street. In
addition, a pedestrian bridge should be constructed over the existing railroad tracks to provide a
connection to the pedestrian bridge over Highway 5.
The Re/Max building was constructed in 2001. This site was formerly the Klingelhutz/Wilbar
building which was used as an office building. The property that the building sits on is .5 acres
in area with mature trees. The old building was built in 1888 by the Geiser family for a
carpentry shop. The property is zoned OI, Office Institutional and the 2000 land use plan guides
this property as commercial.
STREETS/ACCESS
Access to the site is from Great Plains Boulevard. Neither Lot 1 nor Lot 2 will access via West 78th
Street. Parking for both properties is on Lot 1. Access for the Re/Max building is also across the
property. A cross access for Lot 2 and the Re/Max parcel and a parking agreement for Lot 1 must
be recorded as part of the platting of the property.
Pony-Pauly-Przymus Plat
January 7, 2003
Page 4
LANDSCAPING/TREE PRESERVATION
Existing landscaping shall remain until Lot 1 is redeveloped. At the time of site plan review, a
landscaping plan for the site shall be evaluated.
GRADING/DRAINAGE
The site was graded in its current configuration with the demolition of the Old Pony-Pauly-Przymus
building that was on the comer. Any new grading would occur with the redevelopment of the site
and will be reviewed as part of a site plan approval.
COMPLIANCE TABLE
Code
Lot 1
Lot 2
Area (square feet)
10,000
54,450
7,393.55 #
Outlot A 1,073.64
ROW 49,894
TOTAL 112,811.19
Frontage (feet)
100
192
66 #
Depth (feet)
100
245
124
# Area and lot width variances applied for as part of the plat.
SUBDIVISION FINDINGS
o
.
o
The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets the requirements of the CBD, Central Business District for
LOt 1. The variance for LOt 2 is needed to maintain the minimum lot area for the old
Village Hall and plaza.
The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with applicable plans.
The physical characteristics of the site, including but not limited 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 specified
in this report.
Pony-Pauly-Przymus Plat
January 7, 2003
Page 5
.
The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision is served by adequate urban infrastructure.
5. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause environmental damage.
6. The proposed subdivision will not conflict with easements of record.
Finding: The proposed subdivision will not conflict with existing easements, but rather will
expand and provide all necessary easements.
.
The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
Lack of adequate storm water drainage.
Lack of adequate roads.
Lack of adequate sanitary sewer systems.
Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision is provided with adequate urban infrastructure.
VARIANCE FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The intent of the subdivision is to clean up the property description for future sale
and create a separate parcel to house the old Village Hall while providing the largest
possible parcel for redevelopment purposes. The site for old Village Hall only needs to
include the plaza and landscape area to the north and sufficient land to comply with
building code requirements. The hardship is the existing location of the building and
landscaping structure.
Pony-Pauly-Przymus Plat
January 7, 2003
Page 6
b~
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The site of the old Village Hall is not intended to be further developed, as most
subdivisions, but rather to house the building and accompanying plaza and landscape area.
The site for future development exceeds minimum code requirements.
Co
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The city intends to keep Lot 1 to house old Village Hall.
do
The alleged difficulty or hardship is not a self-created hardship.
Finding: The difficulty is due to the existing configuration of the site improvements
including the building and plaza and landscape structures.
eo
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is located.
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or increase
the danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission recommends approval of the preliminary plat of 2.59 acres of land
zoned CBD located at the southeast comer of West 78th Street and Great Plains Boulevard with a
lot area variance of 2,606 square feet and a lot width variance of 34 feet for Lot 2, Block 1, as
shown on plans prepared by Otto Associates, dated September 12, 2002, revised December 23,
2002, subject to the following conditions:
Pony-Pauly-Przymus Plat
January 7, 2003
Page 7
1. Revise the plat name to Old Village Hall Addition.
2. Record cross access agreement for Lot 2 and the Re/Max site across Lot 1.
3. Record a parking agreement for Lot 2 against Lot 1.
4. The property line between Lot 1 and LOt 2 must be a minimum of ten (10) feet away from
the existing old Village Hall building.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Memo from Steve Torell to Kate Aanenson dated 1/19/2002
3. Preliminary Plat
Pony-Pauly-Przymus Plat
January 7, 2003
Page 8
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of City of Chanhassen for a subdivision of 2.59 acres creating one developable lot,
one lot for old city hall, an outlot of excess land, and fight-of-way for West 78th Street and Great
Plains Boulevard.
On January 7, 2003, the Chanhassen Planning Commission met at its regularly schedule meeting
to consider the application of City of Chanhassen for preliminary plat approval of property with a
variance for lot area and lot frontage for Lot 2, Block 1, Pony-Pauly-Przymus. The Planning
Commission 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 Central Business District, CBD.
2. The property is guided in the Land Use Plan for commercial.
3. The legal description of the property is:
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:
a)
b)
c)
The proposed subdivision is consistent with the zoning ordinance;
The proposed subdivision is consistent with all applicable city, county and
regional plans including but not limited to the city's comprehensive plan;
The physical characteristics of the site, including but not limited to
topography, soils, vegetation, susceptibility to erosion and siltation,
Pony-Pauly-Przymus Plat
January 7, 2003
Page 9
o
susceptibility to flooding, and storm water drainage are suitable for the
proposed development;
d)
The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage disposal, streets, erosion control and all other
improvements required by this chapter;
e)
The proposed subdivision will not cause environmental damage;
The proposed subdivision will not conflict with easements of record; and
g)
The proposed subdivision is not premature. A subdivision is premature if
any of the following exists:
a.
Lack of adequate storm water drainage.
Lack of adequate roads.
Lack of adequate sanitary sewer systems.
Lack of adequate off-site public improvements or support systems.
The planning report #2002-14 Subdivision dated January 7, 2003, prepared by
Robert Generous, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
Preliminary Plat with variances.
ADOPTED by the Chanhassen Planning Commission this 7th day of January, 2003.
ATTEST
CHANHASSEN PLANNING COMMISSION
BY:
Secretary Its Chairman
MEMORANDUM
TO:
FROM:
DATE:
Kate Aanenson, Community Development Director
Steven Torell, Building Official ~
December 19, 2002
SUBJ:
Review of preliminary plat creating 2 lots at the southeast comer of
West 78th Street and Great Plains Blvd. Pony-Pauly-Prizrnus Plat
Planning Case: 2002-14 SUB
I have reviewed the preliminary plat and have the following comment:
1. The property line between Lot 1 and Lot 2 must be a minimum of 10 feet away
from the existing Old Town Hall building.
G/safcty/st/memos/plan/Paul-Pony-Prirnus Plat
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JANUARY 7, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Preliminary Plat Creating APPLICANT: City of Chanhassen
Two Lots and an Outlot LOCATION' West 78th Street and
Great Plains Blvd.
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, City of
Chanhassen, is requesting preliminary plat approval with variances creating 2 lots and an outlot on property zoned
Central Business District and Highway Corridor District 1 and located at the southeast corner of West 78th Street
and Great Plains Blvd.
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 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 are received from the public.
4. Public hearing 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 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. 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 Chanhassen Villager on December 26, 2002.
Smooth Feed Sheets
Use template for 5,160®
ACTION WEST INC
DBA RE/MAX ACTION WEST
18001 HWY 7
MINNETONKA MN 55345
COLONIAL SQUARE LLC
C/O THIES & TALLE-ATTN K TALLE
470 78TH ST W SUITE 260
CHANHASSEN MN 55317
HEATHER P THOMPSON &
LAURA ANN R FRIDGEN
7720 GREAT PLAINS BLVD
CHANHASSEN MN
55317
BLOOMBERG COMPANIES INC
PO BOX 730
CHANHASSEN MN 55317
79TH STREET CENTER PARTNERSHIP
684 EXCELSIOR BLVD
EXCELSIOR MN 55331
CHANHASSEN MEDICAL ARTS LP
C/O THIES & TALLE ENTERPRISES
470 78TH ST W STE 260
CHANHASSEN MN 55317
BLOOMBERG COMPANIES INC
PO BOX 730
CHANHASSEN MN 55317
B 4 D LLC
555 3RD AVE NW
HUTCHINSON
MN 55350
CHANHASSEN MEDICAL ARTS II LLC
470 78TH ST W STE 260
CHANHASSEN MN 55317
AMOCO AMERICAN OIL CO
C/O ERNST & YOUNG LLP
PO BOX 06529
CHICAGO IL 60606
BAM PROPERTY HOLDINGS LLC
440 79TH ST W
CHANHASSEN MN 55317
CHANHASSEN MEDICAL ARTS LP
C/O THIES & TALLE ENTERPRISES
470 78TH ST W STE 260
CHANHASSEN MN 55317
CHURCH OF ST HUBERT
8201 MAIN ST
CHANHASSEN MN
55317
BROWN PROPERTIES LLC
C/O GARY L BROWN
1831 KOEHNEN CIR W
EXCELSIOR MN
55331
CHANHASSEN MEDICAL ARTS II LLC
470 78TH ST W STE 260
CHANHASSEN MN 55317
MICHAEL J SORENSEN
12625 58TH ST
MAYER MN
VALVOLINE INSTANT OIL CHANGE
3499 DABNEY DR
LEXINGTON KY 40509
HOLIDAY STATION STORES INC
4567 80TH ST W
BLOOMINGTON MN 55437
CHURCH OF ST ttUBERT
8201 MAIN ST
CHANHASSEN MN
55317
G L B PROPERTIES LLC
1831 KOEHNEN CIR
EXCELSIOR MN
55331
MICHAEL E RAMSEY
6362 OXBOW BND
CHANHASSEN MN
55317
Cit APEL HILL ACADEMY
306 78TH ST W
CHANHASSEN MN
55317
HERITAGE PARK APARTMENTS
C/O THIES & TALLE MGMT INC
470 78TH ST W PO BOX 250
CHANHASSEN MN 55317
PAUL G EIDEM &
ANDREA F GRIFFITH
7727 FRONTIER TRL
CHANHASSEN MN
55317
JAMES M & PATRICIA D MARTIN
3740 UNION TERRACE LN
PLYMOUTH MN 55441
CHANHASSEN REALTY CO
C/O THIES & THALLE MGMT - PAM
PO BOX 250
CHANttASSEN MN 55317
DEAN M AKINS
PO BOX 390195
EDINA MN 55439