PC Staff Report 07-17-2012PC DATE: July 17, 2012
1
CC DATE:
REVIEW DEADLINE: August 14, 2012
CASE #: 2012 -03 (variance)
BY: RG, JS 0 4�
PROPOSED MOTION:
"The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves
Planning Case #2012 -07 for a 10 -foot parking lot setback variance to permit parking at the right -
of -way easement as shown on the plans prepared by MFRA dated July 6, 2012, subject to the
conditions of approval, and adoption of the attached Findings of Fact and Decision."
SUMMARY OF REQUEST: The developer is requesting a 10 -foot parking lot setback variance
to permit parking at the right -of -way easement.
LOCATION: 80 West 78 Street
RLS 59, Tracts A and B
APPLICANT: Ben Merriman ,
80 West 78�' Street, LLC .� � � �
cit.u.D • h
2025 Coulter Blvd, Suite 215
Chanhassen, MN 55317
952- 474 -4828 E i F
bmerriman@centercompanies.com
PRESENT ZONING: Highway and Business Services District (BIT).
2020 LAND USE PLAN: Commercial
ACREAGE: 2.79 acres DENSITY: 0.17 F.A.R.
LEVEL OF CITY DISCRETION IN DECISION - MAKING:
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.
CITY OF CHANHASSEN
Notice of this public hearing has been mailed to all property owners within 500 feet.
Planning Commission
80 West 78 Street Parking Variance — Planning Case 2012 -03
July 17, 2012
Page 2 of 4
PROPOSAL /SUMMARY
The applicant is requesting a 10 -foot setback
variance to permit the easterly seven parking stalls
in the southern parking area to encroach into the
parking setback from the right -of -way easement.
APPLICABLE REGULATIONS
Chapter 20, Division 3, Variances.
Chapter 20, Article XVII, `BH" Highway
and Business Services District.
- ---------
• Chapter 20, Article XXIV, Off - Street Parking and Loading
BACKGROUND
On October 5, 1973, Registered Land Survey 59 for the subject
site was recorded.
On February 27, 2012, the Chanhassen City Council approved
the Site Plan for a 20,600 square -foot, one -story retail building.
ANALYSIS
In reviewing the building permit application for the project, staff
discovered that a right -of -way easement was recorded over the
Site Plan
I k A W ��
southern portion of the property. While reviewing the site plan, the property line was shown
approximately 12 feet south of the right -of -way easement. The practical difficulty with the
construction of the parking lot is due to the shape of the property and the city standards for
parking lot layout, which requires a rectangular shape with a 62 -foot wide area for two rows of
parking and a two -way drive aisle, and the need to distribute parking around the building. The
property is trapezoidal in shape. The building envelope becomes narrower on the east due to a
stormwater area and a wetland complex. Due to the property shape, a portion of the parking area
just west of the site entrance encroaches into the setback area. Only the most easterly seven
parking stalls of the southern parking area encroach into the setback from the right -of -way
easement. From a practical standpoint, the parking setback deviation will not be noticeable due
to the green space between the easement line and the sidewalk.
The original site plan included the parking stalls shown in this variance. MFRA interpreted the
parking setbacks from the property line when it should have been from the right -of -way. City
Code states "Setback means the minimum horizontal distance between a structure and the nearest
property line or right -of- way ". Staff noticed the issue when the plans were in for building
permit. The parking stalls within the setback were removed for approval of the building permit.
Planning Commission
80 West 78 Street Parking Variance — Planning Case 2012 -03
July 17, 2012
Page 3 of 4
The applicant proposed two options to accommodate the 7 stalls which were removed with the
building permit. One option was to vacate the right -of -way and the other was to apply for a
variance from the parking setback. Staff reviewed both options. Vacating the right -of -way was
not chosen because staff believes that this area may be utilized with future utilities or road
reconstruction of West 78 Street. Engineering has reviewed the variance for the 10 -foot
parking setback variance and is satisfied with that option.
In order to accommodate the proposed stalls, the grading plan must be revised to show the
proposed grades. Also, the plans must be updated to show the proposed stalls. The applicant
shall work with staff to make changes to plans according to staff redlines. The applicant shall
also obtain an encroachment agreement for installing the parking lot within the watermain
easement.
A variance may be granted if all of the following criteria are met:
(1) Variances shall only be permitted when they are in harmony with the general purposes and
intent of this chapter and when the variances are consistent with the comprehensive plan.
(2) When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
(3) That the purpose of the variation is not based upon economic considerations alone.
(4) The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
(5) The variance, if granted, will not alter the essential character of the locality.
(6) Variances shall be granted for earth- sheltered construction as defined in M.S. § 216C.06,
subd. 14, when in harmony with this chapter.
Staff finds that in this instance these criteria have been met.
RECOMMENDATION
Staff recommends that the Planning Commission approve the parking setback variance as shown
on the plans prepared by MFRA dated July 6, 2012, subject to the following conditions and
adoption of the attached Findings of Fact and Decision.
Planning Commission
80 West 78 Street Parking Variance — Planning Case 2012 -03
July 17, 2012
Page 4 of 4
1. The monument sign must comply with City Code and the required setback and may not
encroach into any easements.
2. The applicant shall update the plans to show the proposed parking stalls and make changes to
plans according to staff redlines.
3. The applicant shall obtain an encroachment agreement with the City to construct the parking
lot within the City watermain easement.
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Right -of -way Variance Plan prepared by MFRA dated 07/06/2012.
4. Public Hearing Notice and Affidavit of Mailing.
gAplan\2012 planning cases\2012 -03 80 west 78th street \variance\staff report pkg setback var.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of 80 West 78` Street, LLC for a parking setback variance on property zoned
Business and Highway Services District (BH) — Planning Case # 2012 -03.
On July 17, 2012, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Business and Highway Services District (BH).
2. The property is guided in the Chanhassen Comprehensive Plan for Commercial use.
3. The legal description of the property is as follows:
Registered Land Survey 59, Tracts A and B.
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The granting of the variance is in keeping with the purpose and intent of the
zoning ordinance. The construction of a parking lot is a normal accessory use for
commercial buildings.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The practical difficulty with the construction of the parking lot is due to the
shape of the property and the city standards for parking lot layout, which requires a 62-
foot wide area for two rows of parking and a two -way drive aisle. Only the most easterly
portion of the southern parking area encroaches into the setback from the right -of -way
easement. In reviewing the site plan, the property line was shown approximately 12 feet
south of the right -of -way easement.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is not based upon economic considerations, but is
to permit the owner to utilize the property in a reasonable manner.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is trapezoidal in shape becoming narrower on the east end. To
the north are a stormwater area and a wetland complex. Due to the property shape, a
portion of the parking area just west of the site entrance encroaches into the setback area.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The construction of the parking lot is a normal use associated with a
commercial site and would be in keeping with the character of the neighborhood.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2012 -03, dated July 17, 2012, prepared by Robert Generous, et al., is
incorporated herein.
DECISION
"The Board of Appeals and Adjustments approves Planning Case #2012 -03 for a 10 -foot
parking lot setback variance to construct a parking lot on property zoned Business and Highway
Services District (BH)."
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 17 day of July,
2012.
CITY OF CHANHASSEN
BY:
Chairman
2
Planning Case No. ok'o C)
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Addr ss: Property Owner Name and Address:
q j
Contact: h eyer Man Contact: vN CV- P ;w%cX%n
Phone: 1 /74f L/e A it Fax: it 9LZI y8' .Z b Phone: 1 4 - V4 4g2.T Fax: 14 4 ysAQ
Email: jllr�er� :w�a ►�•e4co Email : �rrtevw•Cw►c.h�Cev.�crcowl��, �•�s.c
NOTE Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non - conforming Use Permit
Planned Unit Development"
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)"
Subdivision"
Temporary Sales Permit
Vacation of Right -of- Way /Easements (VAC)
(Additional recording fees may apply)
Variance (VAR) p0
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees /Attorney Cost"*
- $50 CUP /SPR/VACNAR/WAP /Metes & Bounds
- $450 Minor SUB 1
TOTAL FEE $ Z".5 �D Pd � ° i
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Five (5) full -size folded copies of the plans must be submitted, including an 8 %" X 11" reduced
copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format.
* *Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME: _ _ C� t s'� �-�" �•- ��V'G�.'�'
LOCATION: q0 (mac s-� g' Sc, � '�•'
LEGAL DESCRIPTION AND PID: _ R k S SR, l yo-r— cm6
TOTAL ACREAGE: a' '44?
WETLANDS PRESENT: YES X NO
PRESENT ZONING: " �a N-rsWG.v a-v -,d, Se-..-Q Zc-w• ��'4. .�e..� `C3• �.
REQUESTED ZONING: N . C— .
PRESENT LAND USE DESIGNATION: Q • �.
REQUESTED LAND USE DESIGNATION: �. .
REASON FOR REQUEST:
FOR SITE PLAN REVIEW: Include number of existing employees: and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
ig licant ` Date
Si f Fee Owner Date
SCANNED
gAplan\forms\development review application.doc
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Client
FENDLER
PATTERSON
Project
80 W. 78TH
STREET
Location
CHANHASSEN,
MINNESOTA
Certification
Summary
Approved: MCB Drawn: SEG
Revision History
No. Date By Submittal/Rev.
Sheet Title
R.O.W.
VARIANCE
Sheet No. Revision
V1
Project No. FEN 19169
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July
5, 2012, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that
on said date she caused to be mailed a copy of the attached notice of Public Hearing for 80
West 78 Street (Goodwill) Parking Lot Setback Variance — Planning Case 2012 -02 to the
persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the United
States mail with postage fully prepaid thereon; that the names and addresses of such owners were
those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and
by other appropriate records.
Subscribed and sworn to before me
this day of , 2012.
Notary Public
KIM T. MEUWISSEN
Notary Public- Minnesota
+';; My Commission Expires Jan 31, 2015
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, July 17, 2012 at 7:00 p.m. This hearing may not start until
later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for parking lot setback variance on property zoned
Highway and Business Services District BH
Applicant:
Ben Merriman, 80 West 78 th Street, LLC
Property
80 West 78 Street
Location:
A location map is on the reverse side of this notice.
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
What Happens
public hearing through the following steps:
at the Meeting:
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.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us /2012 -03 If you wish to talk to
someone about this project, please contact Bob Generous by
Questions &
email at bgenerous(cb-ci.chanhassen.mn.us or by phone at
Comments:
952- 227 -1131. If you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial /industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, July 17, 2012 at 7:00 p.m. This hearing may not start until
later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for parking lot setback variance on property zoned
Hi hwa y and Business Services District BH
Applicant:
Ben Merriman, 80 West 78 Street, LLC
Property
80 West 78 Street
Location:
A location map is on the reverse side of this notice.
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
What Happens
public hearing through the following steps:
at the Meeting:
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.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us /2012 -03 If you wish to talk to
someone about this project, please contact Bob Generous by
Questions &
email at b generous(a)- ci.chanhassen.mn.us or by phone at
Comments:
952- 227 -1131. If you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial /industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
ABRA CHANHASSEN REAL ESTATE CLIFFORD L WHITEHILL CLS PROPERTIES II LLC
CO 5320 W HARBOR VILLAGE DR APT 2 4711 SHADY OAK RD
6322 TIMBER TRL VERO BEACH FL 32967 -7416 HOPKINS MN 55343 -8840
EDINA MN 55439 -1049
CRB FAMILY LP
18930 78TH ST W
CHANHASSEN MN 55317 -9347
DANIELLE WATERHOUSE
7719 S SHORE DR
CHANHASSEN MN 55317 -9327
DORN BUILDERS INC
2303 WATERS DR
MENDOTA HEIGHTS MN 55120 -1163
DYS PROPERTIES
4711 SHADY OAK RD
HOPKINS MN 55343 -8840
MCDONALD'S CORP (22 -157)
15455 110TH ST
NYA MN 55397 -9453
PEGGY M KRONICK
8575 TELLERS RD
CHASKA MN 55318 -9265
JBJ WINE HOLDINGS LLP
19900 WEST 78TH STREET
CHANHASSEN MN 55317
I C JOHN LLC
301 OAK GROVE ST UNIT 411
MINNEAPOLIS MN 55403 -4015
MJR MANAGEMENT LLC
18001 STATE HIGHWAY 7
MINNETONKA MN 55345 -4150
SOUTH LOTUS VILLAS TOWNHOMES
7737 SOUTH SHORE DR
CHANHASSEN MN 55317 -9327
TWIN CITIES & WESTERN RAILROAD
723 11TH ST EAST
GLENCOE MN 55336
KAHNKE BROS INC
PO BOX 7
VICTORIA MN 55386 -0007
PAULETTE M LAMERE
7779 SOUTH SHORE DR
CHANHASSEN MN 55317 -9237
TARA L SJULSTAD
7761 SOUTH SHORE DR
CHANHASSEN MN 55317 -9327
VLADIMIR Z GALEYEV
19153 TWILIGHT TRAIL
EDEN PRAIRIE MN 55346
ROSIE SHMYEL CSM CORP BEN MERRIMAN
19157 TWILIGHT TRAIL 500 WASHINGTON AVE SO #3000 PO BOX 687
EDEN PRAIRIE MN 55346 MINNEAPOLIS MN 55415 CHANHASSEN MN 55317