3 Zoning 615 Flying Cloud DriveCITY OF
690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900 · FAX (612) 937-5739
MEMORANDUM
TO:
Board of Adjustments and Appeals and City Council
FROM:
Sharmin A1-Jaff, Planner II
John Rask, Planner I
DATE:
October 10, 1996
SUBJ.'
Zoning Classification for 615 Flying Cloud Drive, Former Super America Site
BOARD OF ADJUSTMENT UPDATE
On June 24, 1996, the Board of Adjustments and Appeals held a public hearing to consider the
application of Mr. Larry Hopfenspirger and Mr. Feyereisen for a zoning map interpretation. The
appeal concerned an interpretation of the City's zoning map. The zoning map was unclear as to
which district the property was located. City staff informed Mr. Hopfenspirger that the property
was zoned A-2, Agricultural Estates District. The applicant alleges that he was told by city staff,
before he purchased the property, that it was zoned BF, Fringe Business District. Based on the
staff report and testimony received at the meeting, the Board found the Super America site to be
zoned A-2, Agricultural Estate. Mr. Hopfenspirger and Mr. Feyereisen were notified that they
could appeal the Board's decision to the City Council. No appeal was filed within the time frame
established by City Code.
In August of this year, Larry Hopfenspirger contacted city staff to appeal the Board of
Adjustments decision to the City Council. Staff informed Mr. Hopfenspirger that appeals to the
City Council must be filed within four days following the Board's meeting. On September 16,
1996, Mr. Hopfenspirger submitted a new application requesting an interpretation of the zoning
map. Accordingly, staff scheduled this item for the October 14, 1996 Board of Adjustments
meeting. If the applicant is aggrieved by the Board's decision, he could appeal to the City
Council. To process the applicant's appeal in a timely manner, staff also scheduled this item on
the October 14, 1996, City Council agenda in the event that the applicant wishes to appeal the
Board's decision.
Board of Adjustments and City Council
June 19, 1996
Page 2
APPLICABLE REGULATIONS:
Section 20-28 (b)(1) of the zoning ordinance grants the Board of Adjustments and Appeals to
hear and decide appeals where it is alleged that there is an error in any order, requirement,
decision or determination made by a city employee in the administration of the Zoning Chapter.
Section 20-203 of the zoning ordinance states that where interpretation is needed as to the exact
location of the boundaries of any district, the board of adjustments and appeals shall make the
necessary interpretation.
BACKGROUND
The former Super America site is located south of Highway 212 and is legally described as Part
of Government Lot 3, Section 36. The site is 23,220 square feet in size and contains a one story
(23' x 40') building, and a (8' x 24') storage enclosure located in back of the building. The site
has not been used as a gas station since approximately 1993. Therefore, any non-conforming use
fights on this site have expired.
Adjacent zoning and land use include Highway 212 to the north, Rice Lake to the south, Western
Motel to the east (zoned Agricultural Estate District), and an abandoned drive-in (Tri-Y). The
abandoned drive-in is the only parcel south of Highway 212 which is zoned BF, Fringe Business.
The Ordinary High Water mark for Rice Lake is 699.2. The lowest floor elevation for the
existing building is 725.98. Therefore, the building is located out of the flood plain.
The appeal by Mr. Hopfenspirger is regarding the zoning status of the site. City staff is of the
opinion that the site is zoned A-2, Agricultural Estate District. However, the applicant alleges
that city staff told him that the site was zoned BF when he called the city inquiring about the
zoning for this parcel. In addition, the applicant alleges that he purchased the property believing
it was zoned for commercial use.
The current zoning map for the city shows the BF district boundary line located over the
property. Most zoning district boundaries are either located along the center line of a road or on
a property line. A zoning map prepared in 1989 shows the property located in a BF district. All
other information indicates that the property is zoned A-2. Staff is unaware of any rezonings
associated with this parcel.
The following chronology was compiled from information contained in Planning Department
files:
HISTORY
February, 1972:
The Zoning map shows the subject site in an Agricultural Residence
District.
Board of Adjustments and City Council
June 19, 1996
Page 3
October 4, 1976:
Variance request to construct a pump island canopy within the front yard
setback. Variance was granted.
November 8, 1978: A building permit was issued for a prefabricated metal storage shed
building (8' x 24').
December 4, 1978: Variance request for a metal storage shed (24' x 8').
April 8, 1983:
Building permit for a shed (8' x 10').
May 5, 1993:
Building permit was issued to remove Underground Storage Tanks
April 30, 1985'
DNR sent memo regarding Proposed Septic System for Super America.
a. Construction of system will not encroach on any part of Rice Lake.
b. Location of property appears to be at the outermost edge of the
shoreland district, if in it at all.
c. The system has been adequately designed considering the site
limitations. Recommendation to regularly monitor the system to
ensure there is no seepage. The system cannot conform totally
with the concepts of keeping the system four (4) feet above the
highest known groundwater table and steep slope considerations.
May 20, 1985:
Onsite Sewage Treatment System permit was approved.
July 25, 1985:
Building permit was issued for an existing building to move storage tanks.
August 1, 1985: Septic inspection.
August 16, 1985:
An inspection was conducted for the Tanks and Drainfield. "Tanks set
OK."
August 19, 1985:
August 20, 1985:
December 1986:
June 1987:
June 13, 1988:
Septic inspection.
Septic inspection.
The Zoning Map shows the site zoned A-2.
The Zoning Map shows the site zoned A-2.
A zoning map attached to a staff report for CUP 88-6, shows the subject
site within an A-2 District.
Board of Adjustments and City Council
June 19, 1996
Page 4
April 25, 1988:
A zoning map attached to a staff report for CUP 88-4, shows the subject
site within an A-2 District.
August 8, 1988:
City Council approved a CUP to construct an 80 square foot pylon sign for
Super America. The zoning map shows the site zoned A-2.
August 24, 1989:
Zoning map shows BF district line drawn over subject site allowing the
site to appear in a BF district.
January 29, 1990:
A zoning map attached to a staff report for CUP 90-1, shows the subject
site within an A-2 District.
September 12, 1994: A zoning map attached to a staff report amending the zoning ordinance as
it relates to the BF district, shows the subject site within an A-2 District.
June 24, 1996:
The Board of Adjustments and Appeals held a public hearing to consider
the appeal of Mr. Mark Feyereisen and Larry Hopfenspirger for a zoning
map interpretation. The Board, by a unanimous vote, found the property
to be zoned A-2, Agricultural Estate.
ACTION REOUESTED BY THE APPLICANT
The applicant is requesting the Board of Adjustments and Appeals find staff's interpretation of
the zoning map incorrect, and fred the site zoned as BF, Fringe Business.
RECOMMENDATION
recommends that the Board of Adjustments and Appeals adopt the following motion:
"The Board of Adjustments and Appeals denies the applicant's appeal based on the following
findings:
le
On June 24, 1996, the Board held a public hearing to consider an appeal by Mr. Mark
Feyereisen and Mr. Larry Hopenspirger for a zoning map interpretation for the Super
America site located at 615 Flying Cloud Drive. Based on the staff report and testimony
received at the pubic heating, the Board found the property to be zoned A-2, Agricultural
Estate.
e
Article II, Section 20-29(d) of the City Code allows for decisions of the Board to be appealed
to the City Council, provided the appeal is filed with the City within four (4) days after the
date of the Board's decision. The applicants were informed of the appeal process at the
meeting on June 24, 1996. The applicants did not file their appeal within the time frame
established in the City Code.
Board of Adjustments and City Council
June 19, 1996
Page 5
3. No new information or evidence has been submitted since the Board last considered the
applicants request.
4. If the applicant wishes to change the zoning on the property, the applicant should submit an
application for a zone change."
ATTACHMENTS
1. Board of Adjustment and Appeals minutes dated June 24, 1996
2. Application dated September 13, 1996
3. Zoning map dated February, 1972
4. Zoning map dated December, 1986
5. Zoning map dated February, 1986-revised August 24, 1989
6. Zoning map dated February, 1987-revised January, 1994
Board of Adjustments and City Council
June 19, 1996
Page 4
April 25, 1988:
A zoning map attached to a staff report for CUP 88-4, shows the subject
site within an A-2 District.
August 8, 1988:
City Council approved a CUP to construct an 80 square foot pylon sign for
Super America. The zoning map shows the site zoned A-2.
August 24, 1989:
Zoning map shows BF district line drawn over subject site allowing the
site to appear in a BF district.
January 29, 1990:
A zoning map attached to a staff report for CUP 90-1, shows the subject
site within an A-2 District.
September 12, 1994: A zoning map attached to a staff report amending the zoning ordinance as
it relates to the BF district, shows the subject site within an A-2 District.
June 24, 1996:
The Board of Adjustments and Appeals held a public hearing to consider
the appeal of Mr. Mark Feyereisen and Larry Hopfenspirger for a zoning
map interpretation. The Board, by a unanimous vote, found the property
to be zoned A-2, Agricultural Estate.
ACTION RE're' UESTED BY THE APPLICANT
The applicant is requesting the Board of Adjustments and Appeals find staff's interpretation of
the zoning map incorrect, and f'md the site zoned as BF, Fringe Business.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion:
"The Board of Adjustments and Appeals and City Council denies the applicant's appeal based on
the following findings:
.
On June 24, 1996, the Board held a public hearing to consider an appeal by Mr. Mark
Feyereisen and Mr. Larry Hopenspirger for a zoning map interpretation for the Super
America site located at 615 Flying Cloud Drive. Based on the staff report and testimony
received at the pubic hearing, the Board found the property to be zoned A-2, Agricultural
Estate.
2. Article II, Section 20-29(d) of the City Code allows for decisions of the Board to be appealed
to the City Council, provided the appeal is filed with the City within four (4) days after the
date of the Board's decision. The applicants were informed of the appeal process at the
meeting on June 24, 1996. The applicants did not file their appeal within the time frame
established in the City Code.
Board of Adjustments and Review - June 24, 1996
.~im Jasin.' Let's say the end of July.
Knutson: Okay. I can't say okay.
Watson: We like it when you answer questions.
Chmiel: I think that would be fine, if your second also would.
Watson: Absolutely.
Chmiel: I make a motion to table.
Watson: Second.
Chmiel moved, Watson seconded to table action on a variance for a 10 foot front yard, a 4
foot east side yard, a 5 foot west side yard, and lakeshore setback variances for tbe
construction of a single family residence on property zoned RSF, Residential Single Family
and located at 3705 South Cedar Drive until the end of July so the applicant can bring back
revised drawings. All voted in favor and the motion carded.
ZONING APPEAL FOR AN INTERPRETATION OF THE ZONING MAP FOR
PROPERTY LOCATED SOUTH OF TH 212 AND EAST OF TH 169 ON THE FORMER
SITE OF SUPERAMERICA, MARK FEYEREISEN.
Sharmin AI-Jaff presented the staff report on this item.
Watson: When we were supposedly calling it agricultural and allowing that gas station to be
there, how were we justifying the gas station on an agricultural property?
AI-Jaff: It pre-dated the ordinance. It was there prior to.
Watson: So we didn't call it anything. Or didn't address the fact that it was in fact.
A1-Jaff: No, it was agricultural. However it was a non-conforming.
· .
.
Watson: · But we called it a non-conforming? Did we actually address it as a non-confOrming
use on that property?
11
Board of Adjustments and Review - June 24, 1996
AI-Jaff: No. It's always been shown as an agriculture. Through applications that we
reviewed in the past, it requests what the zoning is on the site. And it's always been stated
that the site is zoned agriculture. The issue of it being a non-conforming use has not come
up, at least through the research that we have done, we have not found anything that points
out that this use is non-conforming.
Watson: But a gas station in an agricultural area is not a conforming use?
Al-Jaff: Correct.
Watson: I was just curious about that because I mean it didn't.
Knutson: Can I ask a question? Sharmin, do you know what date this gas station was
initially built?
Mark Feyereisen: '74. I believe it was '74.
Knutson: How was the property zoned in 19747
AI-Jaff: Agriculture.
Watson: And the date, well of course we don't have the record that tells us what decision
was made when it was built. Why they granted. But I understand you know that it was
allowed to be built but I just.
Mark Feyereisen: I've got the tax lease that shows that...The taxes for Chanhassen...
Knutson: The tax classification has nothing to do with the zoning.
Watson: Right, but I mean we didn't address in '74 the fact that the gas station went in
agricultural zoning. I just was wondering if we ever addressed what we called this.
Knutson: The question is, how could you be able to, it was zoned agricultural, how could it
be able to build a gas station there?
Watson:. Yeah. If we let him...
:
· ...
Aanenson: ...that part of the city at that time, it was part of the Village.
Johnson:
...part of the Village if it became a city in 1968.
12
Board of Adjustments and Review - June 24, 1996
Knutson: There's a short answer. We don't know how it got built.
it?
Aanenson: We don't have a file, that's correct.
We don't have a file on
$ohnson: Excuse me, did you want to make a statement a minute ago?
Mark Feyereisen: ...I've been driving this 212 route for at least 40 years and the 28 years as
a resident of that farm in Scott County. And I've always assumed as I came near the Tri-Y,
as it was called over the years. There was a North Star gas station probably 15-20 years
before the SuperAmerica bought the site and converted it to their operation. So I always
assumed that the motel and the Tri-Y Drive In, which I used to frequent, and there was
another filling station across the street which is now a used car lot, I believe. And you would
think that these are all commercial sites. So I retired, I would always like to have a drive in
like the Tri-Y, and well the Tri-Y is now gone but the building next to it, which was the
former SuperAmerica site. A few months ago I thought, oh it might be kind of nice to do
something along that line with that particular building, assuming that it was a commercial,
retail site. I don't know the proper names of the zoning ordinance... I thought well, this is
kind of a nice place and it would enhance the neighborhood. Look at something beautiful
other than a filling station. So that's how I got involved. I'm almost kind of an outsider
initiating what the owner of the property assumed, I guess we all assUmed it was a
commercial site. With that I thank you.
Johnson: Thank you.
Larry Thomasberg: I'm Larry Thomasberg. I live in Bloomington, 8601 Golden Avenue
South. We used to live in Chanhassen...for one year. I'd like to read a letter about, and give
you each one, about what happened on the site. Early last spring, around February I started
talking to Ashland Oil about the site. And throughout the year I made calls to city staff.
Kate Aanenson was the member that I was talking to about the property at 615 Flying Cloud
Road. I was told by Kate Aanenson, and later by Bob Generous, the zoning of this property
was BF, Business Fringe. I've been faxed by Bob Generous with zoning. I've met on two
occasions with Kate Aanenson on what I could do with this site. On one occasion was 8-28-
95 alone. Then with Greg Swenson, a perspective tenant who wanted to put in tobacco
warehouse on 9-15-95. A week after I purchased the site. I relied on information to purchase
the site on September 8th. You see that I put a sign out to see if I c°uld find a tenant. My
last conversation with Kate Aanenson was on March, 1996. It Was about a tenant named Don'
Kulver who wanted to put in a sporting goods store. The BF zoning, according to Kate, BF
zoning, Section 20-773, conditional use said it was only for trucks, trailers, auto, sporting
goods and wholesales and rental. Don Kulver had called Kate Aanenson and said boats and
13
Board of Adjustments and Review - June 24, 1996
cars but nothing else. Then I set up an appointment to meet with Kate on 2-30, on
Wednesday the 13th. At that time Kate handed the baton to Sharmin, who was put in charge
of this file. Sharmin said that she was reviewing the whole file because it was not consistent.
Later on in the week, on the 18th, she sent the file to Roger Knutson, City Attorney. On the
week of the 25th I called Mr. Knutson for his interpretation. He said the issue was not clear.
A map in 1986, revised in 1989 shows clearly the site should be inside the BF zone, and
that's one of the overheads there. While the map in 1987, revised in 1994, is inclusive and
unclear and seems to indicate BF zoning. A very obvious question is, why a map revised in
1989 wasn't the map revised in 1994, instead of the map revised, or the map of 1987, revised
in 1994. It makes no sense. It sounds like there's something missing here. As of this date,
Sharmin said more research could produce that it was BF or not. But until she could find
more evidence she was calling it A2, agricultural. I talked to Roger Knutson and he said that
I should address the commission here. So my position, to summarize it is, that the 1989 map
is clear and the 1987 map, revised in 1994 that the staff was using to give me this
information, is unclear. After I had purchased the property, there was nothing more I could
do. Furthermore, the lot across the street that's non-asphalt, is BF. Tri-Y, right next to my
lot, contiguous, is BF. First time I talked to Sharmin, she was under the impression that it
was A2 also, until she found the file.' She found the file, the zoning variance. So the
inconclusiveness of the 1994 map and the conclusiveness of the 1989 map, I'm asking that I
be given a BF zoning that I was told. Why else, if it wasn't conclusive, why else was I told
that it wasn't BF. On the various occasions that I spoke with staff, and/or met on 6/16/95,
1/28/96, 9/6/95 and 10/20, or 2/20/96. To top it off, it's shown as, on the sheets that you
have, it's taxed as commercial. In 1995. It shows as commercial. It's taxed as commercial.
How can so many people be so wrong if this is not indeed BF? That's it. Thank you.
Johnson: Anybody want to address this?
Watson: The history is rather unclear. It makes a rather strange resident of the A2 zoning
district. And in 1988 we said it was A2. In '88 again we said it was A2. And ih August,
again we allowed a pylon. We allowed them to build commercial things on something that
we still showed as A2. I'm real confused. Why did we allow them to, you know enlarge on
a commercial zoning in an A2 Estate in 1988, if we believed that A2 zoning was correct?
Again, we don't know why.
Mark Feyereisen: May I say something?
..
. .
. . .
...
Watson: Well I'd really' like to address it to staff, just so we can kind' of.
Johnson: We're running out of time here.
14
Board of Adjustments and Review - June 24, 1996
Watson: And we're running out of time here.
Aanenson: There was a copy of the staff report. I'm not sure how that interpretation was
made but there's a copy of the staff report that said they requested a conditional use, or a
variance for a sign in the A2 district, and I'm not sure how that went through the process but
it did. But it specifically said that you were giving approval to something in that A2 zone.
We have a copy. That report we do have in the file.
Johnson: Was there a variance granted on the sign?
Aanenson: Correct.
AI-Jaff: Conditional use was granted.
Aanenson: Right, a conditional use to approve a sign. A conditional use.
Johnson: Okay. Because I didn't think it come before the Board.
AI-Jaff: No, it didn't.
Watson: We'd remember if it was only in '88. I find myself puzzled by the historic picture.
I'm a little puzzled too about agricultural estate zoning in that particular place with the other
zonings around it. It would be a very strange relative for that A2 zoning. Is there anything
that you can do to clarify this? It certainly is not a nice, neat package.
Aanenson: Can I comment on the comp plan, the relevancy to the 1991 comp plan?
Knutson: Yes.
Aanenson: When the comp plan was updated in 1991, this was prior to my knowledge, and
that's why I turned it over to Sharmin. Sharmin has the most knowledge of uses down in this
area of the city, and has been here longer. But the comp plan shows everything south of
212/169 as guided as open space, recognizing that uses along there, the hotel...are legal non-
conforming and eventually a higher, better use, or open space in this case, would take over
that southern part, so that must have come up during discussions in the comp plan. It's not
really spelled out very well in dischsSing .those' uses down there but eVerything sOuth of there
is intended to be guided as open space. ~, So that was part of my discussion with the applicant
is that there was limited use, even under the BF.
(
Watson: Okay. Because some of it is zoned BF and then we have this piece that's A27
15
Board of Adjustments and Review - June 24, 1996
Aanenson: Yes.
Watson: And then we have BF again on the other side.
Aanenson: But we do see it as eventually someday being all open space.
Watson: Oh.
Aanenson: Yes, Fish and Wildlife has been taking up property in that area.
Watson: Well I know. They've taken a lot of the river area.
Aanenson: Correct.
Watson: And that makes perfect sense to me. I'm just trying to figure out, you know what, I
mean we're supposed to be interpreting what this is.
Knutson: What you've got to decide is how is it zoned.
Chmiel: Yeah, that's the question.
Watson: And when we go and make an interpretation like that, are we talking about what
makes sense and what looks logical?
Knutson: No.
Watson: We're just talking about what.
Knutson: What is.
Watson: What is, whether it makes sense or not.
Knutson: What is now...
Watson: Okay.
Johnson: ....on the lake, what the print shows.
property.
In other words, that jog goes around his
Knutson: The question is not how it should be zoned, but how it is zoned.
16
Board of Adjustments and Review - June 24, 1996
Chmiel: Well I think as you look at that heavy line that goes through that specific area, and
carries through in and adjacent to the 169/212, and that existing structure that shows there
was the former SuperAmerica. As I look at that, to me it would appear that that is not part of
the BF, but it would be agricultural too.
Watson: There is decidedly a jog there. I mean there is obviously. What is?
Johnson: Comparatively speaking, you've got to decide whether or not that line is off the
property, because there is a jog where the building stands...in the A2.
Watson: Well just west of it here, we went down and we picked up some property. We
seemed to have, for one reason or another, deliberately left it.
Johnson: Left it out of there.
Larry Thomasberg: ...1959 where it clearly shows the BF. If you look at the 1989...clearly it
shows it inside the boundary. I mean there's no question that the BF on that map...
Knutson: Did anyone clear these particular maps with a consulting engineer or someone in-
house.
Al-Jaff: Some of them were prepared by.
Knutson: Inbetween the two it could be found out what happened. Going back to original
notes or something.
Watson: Was the property listed? I mean when they went along, down along that area and
there were various uses for the property by, whether it would be a tax piece or whatever you
call it. Does it list it separately and each piece separately given? State specifically what
zoning, like for instance when they went down and they did these maps and stuff. And that
area down there where we were kind of.
Larry Thomasberg: I questioned the...use of the gas station rights and they had grandfather
business...
JOhnson: BUt we also have in the ordinance, if it's not been in use for a year, it converts
back to whatever previous.
Larry Thomasberg: · I guess what we're saying is we want to be able to bring the place back
to life and bring it onto the tax rolls instead of sitting there as a piece of...
17
Board of Adjustments and Review - June 24, 1996
AI-Jaff: We don% I mean this is before our time. We don't know what happened with this.
Watson: Yeah, I was just hoping it was written somewhere or that they address any
individual plat.
AI-Jaff: Basically when this one was prepared, the borders of a district are...can basically
they put that tape on mylar which is a sheet, a little thicker than this one and apparently...
went over this property. So that's how the confusion with this parcel took place.
Watson: In other areas then, how do we designate where that occurred? I mean that must be
dividing lots of different districts in the city. How have we interpreted.
Aanenson: It should follow property boundary. Not go through a property.
Watson: I see.
Johnson: In other words it should have been on the edge of the road.
Larry Thomasberg: The initial map that I have, that I got from Sharmin does not show this
slight jog right here. I don't know if this...Sharrnin to make it more explicit, but this is a
straight line without the slight jog so it's right over it. If you look at your map that's the
correct that Sharmin gave you...See there's no.
AI-Jaff: Correct. I highlighted the original just to give you an indication as to where this
property is located. That's the sole purpose of why you see that hint of a drawing.
Crhere were several conversations going on at the same time at this point.)
Knutson: At this point everyone apparently thought, August 8th of 1988 everyone apparently
~hought it was zoned A2. How you would get a CUP for a pylon sign on property zoned A2
Johnson: Have you got a motion?
Watson: Go for it Willard. I've done my motion for this evening.
Johnson: I make a motion that this be...
Watson: What do we do, recommend?
18
Board of Adjustments and Review - June 24, 1996
Johnson: How do you want this stated?
Knutson: Your motion would be, the Board finds that the property is zoned, fill in the blank.
Johnson: A27 This Board finds that this property is zoned A2.
Knutson: That's the motion.
Watson: Second.
,lohnson: Any more discussion?
Johnson moved, Watson seconded that the Bomxl of Adjustments and Appeals find staffs
interpretation of the zoning map as A-2, Agricultural Estate District and find the site is
inaccurately zoned as BF, Fringe Business. All voted in favor and the motion carded.
Knutson: The applicant should be advised that they can appeal this to the City Council.
Watson moved, Johnson seconded to close the public heming. All voted in favor and the
motion carded. The public hearing was closed.
APPROVAL OF MINUTES: Watson moved, Johnson seconded to approve the Minutes of
the Board of Adjustments and Appeals dated June 10,1996 as presented. All voted in favor,
except Chmiel who abstained, and the motion carried.
Watson moved, Johnson seconded to adjourn the meeting. All voted in favor and the motion
carded. The meeting was adjourned at 7:55 p.m.
Submitted by Kate Aanenson
Planning Director
19
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT: Larry Hopfenspirger
ADDRESS: 7300 France Ave South # 219-A
tM,.pl~, Mn ~'~,~
TELEPHONE (Day time) 612-835-2177
OWNER:
ADDRESS:7'~(I~ Pr,ance Ave Se-th , # 219 A
HI;I~, tL~ 55435
TELEPHONE: 6~ 9-835-9177
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of ROW/Easements
Intedm Use Permit
Vadance
Non-conforming Use Permit
__ Planned Unit Development*
Re, zoning
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site Plan Review' X
Subdivision*
Escrow for Filing Fees/Attomey Cost'*
($50 CU P/SP RNACNARNVAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be Included with the
application.
Building material samples must be submitted with site plan r~views.
*Twenty-six full size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy of
transparency for each plan sheet.
'* Escrow will be required]ar other applications through the development contract ~
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
SUPER AMERICA SIGHT
aT th~ Y in the road where 169 and 212 meet
See attached
PRESENT ZONING hndetermined
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST Petitioner was told o~,er a one year
process by city staff Kate Aneson that the property was ~ and 'chert
in Mmrch lqq6 tnl d it was A-2..
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.
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 w~l 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, feas~ility 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.
Application Received on
Fee Paid
Date
Date
Receipt No.
o.
The applicant should contact staff for a copy of the staff report which wll! be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
dOH
INZ 03NN¥'Id
O0 03NNV'Id
Nn 03NNV'ld
3U Q3NNV"ld
"IVlUJ. SnQN:[:
~100 301^U3S
qlfl8 301.-1:10
:) S~)N1"1'13 N~Q
~-d
£-d
~-d
8-0
lllllllll
' i::: ::: ;. i
:::: :i.:: :.:i ::::: i:: !'!:
®lee
Ill --
° I
~...._-- :,.: -:":-ri'
_
· .,
' :.' :..'.' ... ,' :':'-',";. I ~:i""::'!:.: ~"?': :-:,::..
-. I I
R -IA
FEBRUARY.
1972
LEGEND
AGRICULTURAL RESIDENCE
DISTRICT
R-I
R-2
SINGLE FAMILY RESIDENCE DISTRICT
TWO FAMILY DUPLEXES
NOT LESS THAN 2 OR MORE THAN 12 UNITS
R-4
DWELLINGS OF
NOT
LESS THAN 12 UNITS
C-1
C-2
C-$
3;-1
P-1
P-2
OFFICE BUILDING DISTRICT
COMMERCIAL DISTRICT
SERVICE COMMERCIAL DISTRICT
ZNDUSTRIAL DISTRICT
PLANNED RESIDENTIAL DEVELOPMENT
PLANNED UNIT DEVELOPMENT
P-$
P-4
PLANNED COMMUNITY DEVELOPMENT DISTRICT
PLANNED ZNDUSTRIAL DEVELOPMENT DISTRICT
PREPARED BY
SCHOELL & MADSOH, IHC.
I
·
DRIVE
CiTY Oir CN~INAIS~'N
,6
7
lOP
00~
00~'
OOt~
00~
009
h
O00t
OOtt
O0~t -
O0~t
CITY OF
CHANI-IASSEN
· ZONING MAP
EFFECTIVE 02/17/87'
LEGEND
A 1 - AGRICULTURAL PRESERVATION DISTRICT
A2 - AGRICULTURAL ESTATE DISTRICT
RR - RURAL RESIDENTIAL DISTRICT
RSF- SINGLE FAMILY RESIDENTIAL DISTRICT
R4 - MIXED LOW DENSITY RESIDENTIAL DISTRICT
R8 - MIXED MEDIUM DENSITY RESIDENTIAL DISTRI(
R12 - HIGH DENSITY RESIDENTIAL DISTRICT
BN '- NEIGHBORHOOD BUSINESS DISTRICT
BH - HIGHWAY & BUSINESS SERVICES DISTRICT
CBD - CENTRAL BUSINESS DISTRICT
BG - GENERAL BUSINESS DISTRICT
BF - FRINGE BUSINESS DISTRICT
OI - OFFICE & INSTITUTIONAL DISTRICT
lOP - INDUSTRIAL OFFICE PARK DISTRICT
PUD - PLANNED UNIT DEVELOPMENT DISTRICT
NE - NATURAL ENVIRONMENT LAKE
RD - RECREATIONAL DEVELOPMENT LAI~E
BY'