1 CUP 9201 Audubon RoadI
CITY O.F
PC DATE: 9/4/01
CC DATE: 9/24/01
REVIEW DEADLINE: 10/2/01
CASE #: 2001-5 CUP
By: Hoium, J
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Request for a conditional use permit for development within the Bluff Creek
Overlay District and variances to allow construction of a 1,640 sq. ft. garage/pole
barn on property zoned A2, Agricultural Estate.
9201 Audubon Road
Eric S. Theship-Rosales
9201 Audubon Road
Chanhassen, MN 55317
PRESENT ZONING:
A2, Agricultural Estate.
2020 LAND USE PLAN: Parks and Office/Industrial
ACREAGE:
1.66 acres (70,611 square feet) DENSITY: NA
SUMMARY OF REQUEST: The applicant is proposing to build a garage/pole barn to be used for
automobile and boat storage. This lot is located within the secondary zone of Bluff Creek Overlay
District. A conditional use is required prior to the construction of any buildings within this district. A
variance is needed from the minimum lot size requirement'of 2 V2 acres.
Notice of this public hearing has' been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying conditional use permits, based on whether or
not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the
City finds that all the applicable conditional use permit standards are met, the permit must be
approved. This is a quasi-judicial decision.
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Theship-Rosales CUP
September 4, 2001
Page 2
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
APPLICABLE REGULATIONS
Section 20-1554 of the zoning ordinance requires that conditional use permits be issued for all site
plans, and prior to the erection or alteration of any building or land within the Bluff Creek Overlay
District.
Section 20-575(1) states that the minimum lot area in the A2 District is two and one-half (2V2) acres,
with a density of 1 unit per 10 acres. Lots created prior to adoption of this ordinance are exempt,
however they must meet 75% of the lot area requirement.
Sec 20-73(c) of the ordinance states that there shall be no expansion, intensification, replacement, or
structural changes of a structure on a nonconforming lot.
Proposal Summary
The applicant is requesting a conditional use permit (CUP) to construct a 1,640 square foot garage/pole
barn on property located entirely within the secondary zone of the Bluff Creek Overlay District. The
Bluff Creek ordinance requires a CUP for any type of construction on property located within the
overlay district. The property in question is located to the east of Audubon Road, south of Lyman Blvd,
and north of Pioneer Trail. Access to the site is via a gravel drive off of Audubon Road. The site has
approximately 1.66 acres, and is zoned Agricultural Estate District, A2.
The house is located in the southwest comer of the lot, on a high,, level, portion of the site. A majority
of the remaining property is bluff. There are two existing accessory structures located east of the house.
These structures are setback approximately 10 feet from the top of the bluff. One of the accessory
structures existed prior to 1991. Therefore, the required bluff setback is 10 feet (Sec 10-1401(b)). The
applicant is proposing to expand these structures as shown on the site plan (Attachment 3). The
proposed structure will meet the A2 district and bluff setback requirements as shown in the table below.
Existing Proposal Ordinance
Bluff Setback -10 feet -10 feet Existing Setback:
10 feet
A2 Setbacks
Side Yard 32.5 feet 10 feet 10 feet
Rear Yard 51.5 feet 50 feet 50 feet
The applicant has indicated that the proposed structure will be used to park automobiles, and to store a
boat the applicant plans to restore. Staff has discussed the home occupation regulation with the
applicant and explained that the new garage/pole barn may not be used to conduct any home occupation.
Theship-Rosales CLIP
September 4, 2001
Page 3
A condition has been included to ensure compliance and to it make part of the record. It is staff's belief
that expanding the two existing structures to create one structure will aesthetically improve the property.
Staff contacted the city attorney to determine if a lot area variance was required. Section 20-73(b) of the
ordinance states that "no variance shall be required to construct a dwelling on a nonconforming lot
provided that it fronts on a public street and provided that the width and area measurements are at least
seventy-five (75) percent of the minimum requirements of this chapter." The intent of this ordinance is
to ensure that an existing lot of record is a buildable lot. In this case, the parcel has an area of 1.66
acres, which translates to 66% of the requirement. This lot predates the ordinance. Although no record
of the subdivision exists, a house was built in 1940.
The city attorney determined that this site meets the intent of the ordinance. The reasoning was that this
property is an existing lot of record, and is a buildable lot with a sufficient buildable area. As mentioned
earlier the applicant is proposing to expand two existing accessory structures into a single building. This
proposed building meets all setback and district requirements. However, staff concluded that it would
be best to follow a strict interpretation of the ordinance and process a variance for the lot size.
This property is zoned A2. The A-2 district requires a minimum lot frontage of 200 feet, minimum lot
depth of 200 feet and a minimum lot area of 2.5 acres. The lot complies with the lot frontage (393
feet) and lot depth (264 feet) requirements, however, the lot does not have the minimum lot area. The
lot has approximately 1.66 acres. Thus a 3,654 square foot variance is needed from the 2V2 acre
minimum lot area.
In summary, with the incorporation of staff recommendations, the proposed conditional use permit
meets ordinance requirements, and staff is recommending approval with conditions outlined in the staff
report. It is staff's opinion that a variance in not necessary since the intent of the ordinance is met and it
will not add any greater control for the City. Nevertheless, to literally interpret the ordinance a variance
is being requested. Staff recommends approval of the variance.
Gradin~
There is not much detail shown on the plan as to the amount of grading, if any, that is planned for this
project. Staff is recommending that all existing and proposed elevation contours be shown on the plan
to better describe the proposed construction that will occur.
Drainage
The location of the proposed garage is in a good area from a drainage standpoint. It is proposed to be
constructed on a high spot in the southwest corner of the parcel where there are two existing garages.
Currently, the site drainage flows from the southeast corner of the site to the north. The location of the
garage Will allow the existing drainage patterns to be maintained.
Theship-Rosales CUP
September 4, 2001
Page 4
Erosion Control
No erosion control is shown on the plan. Depending on the amount of grading that will occur during
construction, staff would recommend that silt fence be added along the north side of the proposed
garage. This would prevent construction related silt and sediment from going down the hill to the north
of the garage.
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.
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Finding: This lot was created prior to the adoption of the ordinance regulations. The intent of
the ordinance has been met. A home has been on this property since 1940. An accessory
structure that meets all setback requirements is a reasonable use to this property.
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: Most existing A-2 properties are significantly larger than this property. This parcel is
an existing property of record.
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 granting of a variance will permit a reasonable use of the property, one which had
formerly been made on the site.
The alleged difficulty or hardship is not a self-created hardship.
Finding: This is not a self-created hardship. The lot was in existence in 1940, prior to the
adoption of the City's zoning ordinance.
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.
Theship-Rosales CLIP
September 4, 2001
Page 5
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 and should
enhance the area.
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: Granting of the variance will permit the expansion of existing structures, and would
act to sustain or enhance the value of the area.
CONDITIONAL USE PERMIT FINDINGS
When approving a conditional use permit, the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional use
Section 20-232, include the following 12 items:
· Will not be detrimental to or endanger the public health, safety, comfort, convenience or general
welfare of the neighborhood or the city.
Finding: The site is zoned A-2. The proposed use will not create any significant or
unexpected impacts with the incorporation of staff's conditions.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The site is currently zoned A2. The proposed use is currently permitted in the A2
District. The parcel is a lot of record, created prior to adoption of the zoning ordinance. A
single family home exists on the property and an accessory structure addition can be added that
can meet the setback requirements. The hard surface coverage will be approximately 2.7% with
the addition.
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Will be designed, constructed, operated and maintained so to be compatible in appearance with
the existing or intended character of the general vicinity and will not change the essential
character of that area.
Finding: The site is located in an Agricultural Estate District. An accessory structure to be
used as a garage and Storage is a use that is permitted within the district.
,
Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
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Will be served adequately by essential public facilities and services, including streets, police and
fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will
Theship-Rosales CUP
September 4, 2001
Page 6
be served adequately by such facilities and services provided by the persons or agencies
responsible for the establishment of the proposed use.
Finding: The site is located outside the Metropolitan Urban Service Area. The subject site
utilizes an on site Individual Septic Treatment System. Access to the site is provided via
Audubon Road. The site will be able to accommodate the proposed use.
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Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
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Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: This site will not create adverse impacts to persons, property or the general welfare
of the area. The proposed use will comply with city ordinances.
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Will have vehicular approaches to the property which do not create traffic congestion or interfere
with traffic or surrounding public thoroughfares.
Finding: The residential site currently has access via Audubon Road. The garage/pole barn
will be used for private uses. Therefore, staff does not anticipate any heavy traffic.
.
Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: The proposed development will not result in the loss or destruction of any features
with the incorporation of staffs recommendations.
10. Will be aesthetically compatible with the area.
Finding: The proposed garage/pole barn will be compatible with the area.
11. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: The proposed use will meet standards prescribed for certain uses provided in this
article.
Theship-Rosales CUP
September 4, 2001
Page 7
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motions:
"The Planning Commission recommends approval of Conditional Use Permit #2001-5 to permit
construction of a 1,640 sq. ft. garage/pole barn subject to the following conditions:
Show the location of the proposed driveway access to the garage. Also, show the proposed
driveway grade.
g. Show the proposed floor elevation of the new portion of the garage.
h. Show all existing and proposed contour elevations.
i. Add silt fence along the north side of the proposed garage.
There shall be no grading past the top of the bluff line as shown on the survey dated July 26,
2001.
k.
The applicant must contact the Inspections Division to discuss the possibility of locating and
establishing an alternate on-site sewage treatment site. This site as well as the existing site must
be protected from damage during the construction of the building.
1. A building pe~unit must be obtained before beginning const~nnction.
m. The 10-foot side yard setback on south property line must be shown accurately to scale.
The proposed garage/pole barn may not be used to conduct any home occupation as subject to
Sec 20-977 of the ordinance.
"The Planning Commission recommends approval of the 3,654 square foot variance from the 2 1/2
minimum lot area, for the construction of a 1,640 square foot garage/pole barn based on the findings
of fact.
ATTACHMENTS
fo
g.
h.
i.
j.
k.
Application & Notice of Public Hearing and mailing list.
Relevant portions of the zoning ordinance
Plans dated received August 22, 2001.
Site Map & Contour Map
Memo from Matt Saam dated August 22, 2001.
Memo from Steve Torell dated August 22, 2001.
Theship-Rosales CLIP
September 4, 2001
Page 8
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Eric S. Theship-Rosales for a conditional use permit to construct a garage/pole barn
within the Bluff Creek Secondary Overlay District and lot area variance.
Conditional Use Permit
On September 4, 2001, the Chanhassen Planning Commission met at its regularly schedule
meeting to consider the application of Eric S. Theship-Rosales for a conditional use permit for the
property located at 9201 Audubon Road. The Planning Commission conducted a public hearing on
the proposed conditional use was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
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The property is currently zoned A2, Agriculture Preservation.
The property is guided by the 'Land Use Plan for Parks and Office/Industrial.
The legal description of the property is: Those parts of Governments Lots 2 and 3,
Section 22, Township 116 North, Range 23 West of the Fifth Principal Meridian.
.
Section 20-232:
Will not be detrimental to or enhance the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city.
Theship-Rosales CLIP
September 4, 2001
Page 9
b. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
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Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
e,
Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
systems and schools; or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed
use.
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
g,
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents,
or trash.
h.
Will have vehicular approaches to the property which do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
j. Will be aesthetically compatible with the area.
Theship-Rosales CUP
September 4, 2001
Page 10
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
5. Section 20-58
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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.
The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
The alleged difficulty or hardship is not a self-created hardship.
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.
The planning report #2001-5 CUP dated September 4, 2001, prepared by Julie Hoium
is incorporated herein.
RECOMMENDATION
use permit.
The Planning Commission recommends that the City Council approve the conditional
Theship-Rosales CUP
September 4, 2001
Page 11
ADOPTED by the Chanhassen Planning Commission this fourth day of September, 2001.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
g:\plan\jh\proj ects\cup\theship-rosales 2001-5.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
'I'F~ ~=PHONE ([:)ay time)
OWNER:
ADDRESS:
TELEPHONE:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of ROW/Easements
interim Use Permit
·
Nomconforming Use Permit
PJanned Unit Development*
./'~ variance
Wetland Alteration Permit
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
__ Notification Sign
Site PJan Review* X
Subdivision*
Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPRNACNAR/WAP/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.
Budding material samples must be submitted with site plan reviews.
"Twenty-six full size folded copies of the plans must be submitted, including an 81/2.' X 11" reduced copy of
/zansparency for each plan sheet.
'* Escrow will be required for other applications through the development contract
t4OTE- When multiple applications a, re p'rocessed, the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
YES ~
NO
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Signature of Applicant
The city hereby ,notifies the applicant that development review cannot be completed within 60 days due to public hearing
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 additional review
extensions are approved by the applicant, q~
Date ~
Signature of Fee Owner Date -~"~,
Application Received on Fee Paid Receipt No. ~
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant's address,
Eric and Ka~,,,eenTheship-Rosales
9201 Audubon Road
Chanhassen, MN 55318
August 3, 2001
#1 Conditional use application, variance application and materials
#2 $150.00 for variance and conditional use application fees.
#3 Copy of Property Title
#4 Maps
#5 Property owner list (see planning department)
#6 N/A (lakes)
#7 Site plan (see surveyors sketch)
#8
This is a setback variance request for a five foot setback. This is for a
portion of the proposed buildings length along the southern boundary of the
property at 9201 Audubon Road.
#9a. Overhead door placement in the proposed area to allow maneuvering for a
38 foot boat trailer requires that the building extend into the regular legal
setback for several feet along the southern length of the properties border.
b. This is an overhead door placement and building design consideration.
c Although this land may become a commercial interest, it is not at the
present time.
d. I own the boat in question as a restoration project.
e. There will be no injury to the land or improvements in the neighborhood by
way of this variance request.
f. This proposal will not impair an adequate supply of light and/or air to
adjacent property, or substantially increase the conjestion of the public
streets, increase danger of fire, impair property values, or endanger
public safety in any way.
August 3, 2001
Eric and Kathleen Theship-Rosales
9201 Audubon Road
Chanhassen, MN 5517
952-361-9691
Dear Julie,
Regarding the site plan review @ 9201 Audubon Road, I believe I have
everything here to make complete conditional use and variance applications for
my proposed shed/pole barn.
The building is designed to be 30 feet back from the bluff at all points except
where the footprint of the new building overlaps the larger of the existing sheds.
I have designed the roof to minimize the run-off on the sensitive, (northern),
bluff side of the building.
The building will have one drain which will run into an existing dry-well on the
property. Any future toilet or sink installation in the building will tie into the family
septic system which is a new, (8 years old), mound system designed for a family
of five. We are a family of three.
Thank you for your help.
Sincerely,
Eric S. Theship-Rosales
NO rICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 4, 2001 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
,"
PROPOSAL: Conditional Use Permit for
Development Within Bluff
Creek Overlay District
APPLICANT: Eric Theship-Rosales
LOCATION: 9201 Audubon Road
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Eric
Theship-Rosales, is requesting a conditional use permit for development within the Bluff Creek Overlay
District and variances to allow construction of a 1,640 sq. ft. garage/pole barn on property zoned A2,
Agricultural Estate and located at 9201 Audubon Road.
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 Julie 937-1900 ext. 117. 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 August 23, 2001.
I,_u Lyman Bird (C.R.
dubon Road ~
GEORGE & CONSTANCE ST MARTIN
9231 AUDUBON RD
CHANHASSEN MN 55317
ERIC S THESHIP-ROSALES &
KATHLEEN A THESHIP-ROSALES
9201 AUDUBON RD
CHANHASSEN MN 55317
DEAN & LOIS DEGLER
TRUSTEE OF TRUST
9111 AUDUB ON RD
CHANHASSEN MN
55317
City of Chanhassen
690 City Center Drive, P.O. Box 147
Chanhassen, MN 553 !7
(952)937-1900
Date: August 7, 2001
To: Development Plan Referral Agencies
From: Planning Department By: Julie Hoium, Planner I
Subject: Request for a conditional use permit and varianccs to allow construction of a~ square foot
shed/pole barn on property zoned A2 and located at 9201 Audubon Road, Eric Theship-Rosales,
Planning Case:
2001-5 CUP
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on August 3,2001.
lg order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on Tuesday, September 4, 2001 at
7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than
August 24, 2001. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and
assistance is greatly appreciated.
o
C. ity Departments
~_.SCity Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
~B uilding Official
(,~.f~- Water Resources Coordinator
(~..} Forester
8. Telephone Company
(US West or Sprint)
9. Electric Company
(NSP or MN Valley)
10. Triax Cable System
2. Watershed District Engineer
11. U. S. Fish and Wildlife
3. Soil Conservation Service
4. MN Dept. of Transportation
12.
Carver County
~ Engineer
b. Environmental Services
5. U.S. Army Corps of Engineers
13. Other
6. Minnegasco
7. MN Dept. of Natural Resources
!
/
I
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ZONING § 20-1555
(b) Preservation of the natural conditions found in the Primary Zone and to the greatest
extent possible, preserving significant resources and minimizing impacts in the
Secondary Zone through cluster development and other practices which minimize the
removal of vegetation, minimize site grading, and application of practices found in the
city's best management practices handbook.
(c) Creation of a suitable balance between the amount and arrangement of open space,
landscaping, view protection, bluff protection, and vegetation protection and the design
and function of man-made features.
(d) Creation of an interconnected open space network that preserves migratory patterns
for wildlife.
(e) Creation of an interconnected open space network that provides recreational and
educational opportunities for people.
(Ord. No. 286, § 8, 12-14-98)~
Sec. 20-1553. District application.
The BCO district shall be applied or superimposed (overlaid) uPon all zoning districts as
contained herein as existing or amended by the text and map of this article. The regulations
and requirements imposed by the BCO district shall be in addition to those established for
districts which jointly apply. Under the joint application of the districts, the more restrictive
requirements shall apply.
(Ord. No. 286, § 8, 12-14-98)
Sec. 20-1554. Conditional use permits.
A conditional use permit shall be issued by the city'for all subdivisions, site plans, and prior
the erection or alteration of any building or ]and within the BCO.
(Ord. No. 286, § 8, 12-14-98)
Sec. 20-1555. Boundary delineation.
(~) Generally. Primary and Secondary Zones shall be subject to the requirements estab-
lished herein, as well as restrictions and requirements established by other applicable city
ordinances and regulations. The Bluff Creek Watershed regulations shall not be construed to
allow anything otherwise prohibited in the zoning district where the overlay district applies.
(b) Boundaries; maps. The Primary and Secondary Zones include land that is generally
defined in this article and in the BluffCreek Watershed Natural Resources Management Plan.
Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by
the planning department. The applicant shall provide appropriate technical information,
including but not limited to, a topographical survey, flora and fauna survey and soil data
deemed necessary for the city to determine the exact watershed zone boundary. The planning
director shall make a determination to maintain the officially designated watershed zone
Supp. No. 11 1297
ZONING § 20-576
(10)
(11)
(12)
(13)
(14)
Reserved.
Churches.
Recreational beacklots.
Group homes for seven (7) to sixteen (16) persons.
Golf courses.
(15) Towers as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 3(5-3-4), 12-15-86; Ord. No. 80-E, § 1, 11-16-87; Ord. No. 96, § 1, 9-26-88;
Ord. No. 103, § 1, 5-22-89; Ord. No. 120, § 4(2), 2-12-90; Ord. No. 240, § 16, 7-24-95; Ord. No.
259, § 8, 11-12-96)
State law reference--Conditional uses, M.S. § 462.3595.
Sec. 20-575. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "A-2" District subject to
additional requirements, exceptions, and modifications set forth in this chapter:
(1) The minimum lot area is two and one-half (2¥~) acres, subject to section 20-906.
(2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot
frontage of lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the
building setback line.
(3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a
cul-de-sac shall be at least two hundred (200) feet at the building setback line.
. (4) The maximum lot coverage is twenty (20) percent.
(5) The minimum setbacks are as follows:
a. For front yards, fifty (50) feet.
b. For rear yards, fifty (50) feet.
c. For side yards, ten (10) feet.
(6) The maximum height is as follows:
, a. For the principal structure, three (3) stories/forty (40) feet.
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as follows:
a. If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250)
feet.
(Ord. No. 80, Art. V, § 3(5-3-5), 12-15-86; Ord. No. 170, § 1, 7-23-92; Ord. No. 194, § 1, 10-11-93)
Sec. 20-576. Interim uses.
The following are interim uses in the "A-2" District:
(1) Reserved.
Supp. No. 9 1207
ZONING § 20-73
(d) Full use of' a nonconforming land use shall not be resumed if the amount of land or
floor area dedicated to the use is lessened or if the intensity of the use is in any manner
diminished for a period of' twelve (12) or more months. Time shall be calculated as beginning
on the day following the last day in which the nonconforming land use was in full operation
and shall run continuously thereafter.' Following the expiration of twelve (12) months, the
nonconforming land use may be used only in the manner or to the extent used during the
preceding twelve (12) months. For the purposes of' this section, intensity of use shall be mea-
sured by hours of operation, trat%Sc, noise, exterior storage, signs, odors, number of employees,
and other factors deemed relevant by the city.
(e) Maintenance and repair of noncon£orrning structures is permitted. Removal or destruc.
tion of a nonconforming stmucture to the extent of' more than fifty (50) percent of' its estimated
value, excluding land value and as determined by the city, shall terminate the right to con-
tinue the nonconforming' structure.
(f) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section,
if' approved by the city council a nonconforming land use may be changed to another noncon-
form{rig laud use of less intensity if it is in the public interest. In all instances the applicant
has the burden of proof regarding the relative intensities of uses.
(g) If' a nonconforming land use is superseded or replaced by a permitted use, the non-
conforming status of the premises and any rights which arise under the provisions of this
section shall terminate.
(Ord. No. 165, § 2, 2-10-92) : ·
Sec. 20.73. Nonconformi,~g lots of record.
(a) No_variance shall be required, to reconstruct a detached single-family dwelling located
on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural
disaster so long as the replacement dwelling has a footprint which is no larger than that of the
destroyed structure and is substantially the same size in building height and floor area as the
destroyed structure. Reconstruction shall commence within two (2) years of the date of the
destruction of the original building and reasonable progress shall be made in completing the
project. A building permit shall be obtained prior to construction of the new dWelLing and the
new structure shall be constructed in compliance with all other city codes and regulations.
(b) 'No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot provided that it fronts on a public street or approved private street and
provided that the width and area measurements are at lest seventy-five (75) percent of the-
minimum requirements of this chapter.
(c) Except as otherwise specifically provided for detached single-family dwellings, ~here
shall be no expansion, intensification, replacement, or structural changes of a structure on a
nonconforming lot.
(d) If two (2) or more contiguous lots are in single ownership and ff all or par~ of the lots
do not meet the width and area requirements of this chapter for lots in the district, the
Supp. No. 4
1165
_FOUND IROt~
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08/27/01 MON 14'49 FAX 612 361 9388
Signature Theshlp
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GRAPHIC SCALE
CITYOF
CHAN E
690 Citi' Ce'me',' D;'i~'e
PO Box 147
C/~a;~/~a:se,, :~i~me~ota 55317
P]Jone
~52,~7. i~00
General F~r
~52.~3Z573~
Sngineering Depamnent F~
Building Deparonent F~
~52.9M. 2524
I[4b Site
MEMORANDUM
TO: Julie Hoium, Planner I
FROM' Matt S aam, Project Engineer/~
DATE: August 22, 2001
SUBJ: Review of Conditional Use Permit for 9201 Audubon Road
File No. 2001-5 CUP
Upon review of the plan submitted by the applicant, I offer the following
conm-tents and conditions of approval:
GRADING/DRAINAGE/EROSION CONTROL
There is not much detail shown on the plan as to the amount of grading, if any,
that is planned for this project. Staff is recommending that all existing and
proposed elevation contours be shown on the plan to better describe the proposed
construction that will occur.
The location of the proposed shed is in a good area from a drainage standpoint. It
is shown to be constructed on a high spot in the southeast corner of the parcel
where there are two existing sheds. Currently, the site drainage flows from the
southeast comer of the site to the north. The location of the shed will alloxv the
existing drainage patterns to be maintained.
No erosion control is shown on the plan. Depending on the amount of grading
that will occur during construction, staff would recommend that silt fence be
added along the north side of the proposed shed. This would prevent construction
related silt and sediment from going down the hill to the north of the shed.
RECOMMENDED CONDITIONS OF APPROVAL
1. Show the location of the proposed driveway access to the shed. Also,
show the proposed driveway grade.
2. Show the proposed floor elevation of the new shed.
3. Show all existing and proposed contour elevations.
4. Add silt fence along the north side of the proposed shed.
c: Teresa J. Burgess, Public Works Director/City Engineer
g:\eng\matthnemos~staff reports\9201 audubon cup.doc
CITYOF
CHAN SEN
690 G~, Center Drive
PO Box I47
Ch~inhassen, Mimmota 553i?
Phone
952. 937,1900
Ge, eral Fax
952937.5739
Engi~eerb~g Depamnent Fax
952.937.9152
Building Department
P52.~34.2524
W~b Site
wwu~ d. cha~zhasse~, m~,
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Julie Hoium, Planner I
Steven Torell, Building Official ~
August 22, 2001
Review of request for a conditional use permit for construction of
shed at 9201 Audobon Road.
Planning Case: 2001-5 CUP
I have reviewed the request for the above conditional use permit and have the
following conditions and comments:
1. The applicant must contact the Inspections Division to discuss the
possibility of locating and establishing an alternate on-site sewage treatment
site. -This site as well as the existing site must be protected from damage
during the construction of the building.
2. A building permit must be obtained before beginning construction.
G/safety/st/memos/plan/9201AudobonRd CUP
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