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3. 6411 Bretton Way Appeal Administrative Decision0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone. 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: September 18, 2012 SUBJ: Appeal Administrative Decision o�- PROPOSED MOTION: "The Chanhassen Planning Commission as the Board of Appeals and Adjustments affirms staff's determination that the landscape business, Greenscapes Lawncare, is an intensification of the non - conforming use of the property and must vacate the property." QITI%AN4AVV The purpose of this hearing is to review an appeal of staff's decision that Greenscapes Lawncare's occupation of the building located at 6411 Bretton Way (Tract C, RLS 105) is an intensification of a non - conforming use of the property zoned Single Family Residential (RSF) and is not permitted on the property. The applicant/owner of the property, Naomi Carlson, contends that they are a continuation of the other uses of the property in the "machining, manufacturing, or contracting business" of one nature or another, and are not an intensification of the use. Any uses other than those in place in 1987 and 1995 have no nonconforming status. J 71 1 QT A . ti a s . LOCATIONS Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 2 of 5 BACKGROUND August 17, 2012 — Naomi Carlson was notified that the Greenscape Lawncare is considered a contractor's yard and an illegal intensification of the use of the building at 6411 Bretton Court. Contractor's yards are not allowed within the Single Family Residential (RSF) District. August 2009 — Naomi Carlson asks the city about replacing uses with a pediatric physical therapy clinic. She was advised that she needs to verify that the non - conforming uses have been there over the last 12 months. She would need to submit a request to City Council to approve a replacement of a non - conforming use with another non - conforming use. September 2001 — Naomi Carlson contacts the city about the potential conversion of a portion of the building to a single - family home. She was advised that she would be able to convert a portion of the existing building to a single - family residence. The resulting residence would need to comply with all requirements of the zoning code for single - family homes and building code requirements. The conversion of a portion of the building would lessen the nonconformity of the use. 1995 — Steve Kirchner, former building official, inspected structure: contained Ramsey Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level). 1987 — Building contains two woodworking businesses, Precision Finishes and motorcycle repair business. 1986 — Property zoned Single Family Residential (RSF). APPLICABLE REGULATIONS Contractor's yard means any area or use of land where vehicles, equipment, and /or construction materials and supplies commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. (Section 1 -2). Section 20 -72. Nonconforming uses and structures. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: (1) The nonconformity or occupancy is discontinued for a period of more than one year; or Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 3 of 5 (2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. This section does not prohibit the city from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. (c) Notwithstanding subsection (a), the city shall regulate the repair, replacement, maintenance, improvement or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d) Notwithstanding any other provisions of this chapter, any detached single - family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land 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. Chapter 20, Article XII, "RSF" Single - Family Residential District ISSUE While the property owner has the ability to continue the non - conforming use of the property based on its historic use by manufacturing operations, the property owner does not have a carte blanch ability to permit any commercial or industrial user in the building nor the right to expand commercial operations to the adjacent residential home, also owned by Mrs. Carlson. Mrs. Carlson states that "the building's occupants have all been in the machining, manufacturing, or contracting business of one nature or another ". However, staff s two inspections of the building in 1987 and 1995 did not turn up any contracting business. In 1987, there were two woodworking businesses, Precision Finishes and motorcycle repair business. In 1995, there were Ramsey Woodworking, Precision Finishing a small part painting business and Roger Mclearen, who Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 4 of 5 rebuilt motorcycles. The use of the building is constrained by the uses that were in place when the property was zoned for single - family residential uses. These uses have been manufacturing in nature. A change in use of the building from what has been there to a new nonconforming use must be approved by City Council. Contracting yards have never been a permitted use of the building or site and is only permitted as a conditional use in the Industrial Office Park zoning district. The existing conditions of the property: 1. The property is zoned Single Family Residential (RSF) District. 2. The property is guided for Residential — Low Density uses. 3. A 15 -foot by 150 -foot building currently exists on the property. 4. The existing building is used for commercial /industrial type uses. 5. The current use of the building is nonconforming in that commercial /industrial uses are not permitted in the RSF district. 6. The uses of the building have been manufacturing in nature and do not include businesses that require outside storage. Many of the uses have been artisan or skilled craftsman, e.g., woodworking and cabinet making. 7. Nonconforming uses may not be intensified. Staff has determined that the use by Greenscapes Lawncare, which would be classified as a contractor's yard, is an intensification of a non - conforming use and is not permitted on the property. Mrs. Carlson maintains that Greenscapes Lawncare is not an intensification of the use of this grandfathered -in property for the following reasons: 1. They are a small company servicing private customers with lawn care and maintenance, and perform only minor landscaping when their customers request it. 2. The only equipment on the property is used for maintaining lawns /grounds. There are no bulldozers, bobcats, pallets of goods, or any other items normally found in a contractor's yard. 3. They, too, come in the morning (never before a.m.), get their equipment, do their lawn care, and return the equipment in the late afternoon. 4. They operate Monday through Friday. No weekends. 5. Their spring - through -fall employees carpool to work, so there are actually fewer cars during the day than when I rented their space to other tenants. Todd Gerhardt Appeal Administrative Decision September 28, 2012 Page 5 of 5 6. Greenscapes will be a 6 -month operation at 6411 Bretton Way, with no activity there from Fall cleanup to Spring. The three partners snowplow directly from their homes. DISCUSSION The purpose of the non - conforming section of the City Code is: (1) To recognize the existence of uses, lots and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification or extension of any nonconforming use, building or structure; and (3) To encourage the elimination of nonconforming uses, lots and structures or reduce their impact on adjacent properties. The addition of the landscape service to the building has created additional impacts on the surrounding properties. The contractor's trucks have been parking on the lawn and trailers are being parked outside the building. This is an increase in the activities that have historically been conducted in the building. The previous commercial uses were confined to the building, did not include the storage of landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn or trailers stored outside overnight, did not have vehicles being driven away in the morning and returning in the evening, and were businesses that operated within the building. For the reasons stated above, staff has determined that Greenscapes Landscape is classified as a contractor's yard and is an intensification of the nonconforming use of the property. RECOMMENDATION Staff requests that the Planning Commission as the Board of Appeals and Adjustments affirms staff's decision that the landscape business is an intensification of the non - conforming use of the property and must be removed from the property. ATTACHMENTS 1. Development Review Application. 2. Memorandum from Naomi Carlson to Planning Department dated September 7, 2012. 3. Letter from Robert Generous to Naomi Carlson dated August 17, 2012. 4. Letter from Robert Generous to Naomi Carlson dated July 30, 2012. 5. Affidavit of mailing of public hearing notice to Naomi Carlson dated September 6, 2012. gAplan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \pc appeal memo.doc Planning Case No. c907�1- - )� CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 - (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION CITY OF CHANHASSEN RECEIVED AUG 2 - 1 2012 CHANHASSEN PLANNING DEPT Name Email Fax: ^4 -C Q /Y1 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) on- 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 reearding fees may apply) Variance (VAR) Wetiand Alteration Permit (WAP) _P"" Zoning Appeal Zoning Ordinance Amendment 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 (v) full -size folded copies of the plans must be submitted, including an 8Y /z" X 11" redu*W copy for each plan sheet along with a dialtal copy in TIFF -Group 4 ( *.tiif) format. "Escrow will be required for other applications through the development contract. Bujiding material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. Notification Sign - $200 (City to install and remove) ,X Escrow for Filing Fees /Attorney Cost" - $50 CUP /SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ i1 Of SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTALACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONIN PRESENT LAND USE DESIGNATION: YES NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: e f 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 1 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. plicant Date �ignature Fee Owner Date SCANNED g: \plan \forms \development review application.doc September 7, 2012 To: Planning Department, City of Chanhassen From: Naomi Carlson Re: Planning Case No. 2012 -12 6411 Bretton Way I bought this property in late 1982, having married a Minnesota native and moved here from California. The property was purchased for my retirement income after selling my CA business. My teacher's retirement fund had been cashed in for developing the CA business, and I knew that SS income would be minimal. Whether the income from this property would be rental, development, or sale, I did not know, only that it would provide for my retirement. It was known as Precision Manufacturing Corporation, which once owned all the property known as Twin Hills. It was a large operation, with many employees to whom meals were served in the separate kitchen, still operable in 1982. The business was founded 1934 and thrived until the late seventies, when its founder and owner, Carl McMahan, was elderly and in ill health. Since my purchase, the building's occupants have all been in the machining, manufacturing, or contracting business of one nature or another. Some businesses operate from the premises; others use their spaces for warehousing, coming and going as necessary. On any given weekday, there have nearly always been eight to ten vehicles, some of which come in the morning, get equipment and/or supplies, and come back at late afternoon to exchange vehicles. I firmly maintain that Greenscapes Lawncare is not an intensification of the use of this grandfathered -in property for the following reasons: They are a small company servicing private customers with lawn care and maintenance, and perform only minor landscaping when their customers request it. 2. The only equipment on the property is used maintaining lawns /grounds. There are no bulldozers, bobcats, pallets of goods, or any other items normally found in a contractor's yard. 3. They, too, come in the morning (never before a.m.), get their equipment, do their lawn care, and return the equipment in the late afternoon. 4. They operate Monday through Friday. No weekends. 5. Their spring - through -fall employees carpool to work, so there are actually fewer cars during the day than when I rented their space to other tenants. 6. Greenscapes will be a 6 -month operation at 6411 Bretton Way, with no activity there from Fall cleanup to Spring. The three partners snow -plow directly from their homes. The complaint which started this most likely came on the days when Greenscapes was moving in. Knowing that one particular neighbor would complain, I notified Bob Generous myself that there would be more activity than usual for a couple of days during the move -in. This same neighbor has been harassing some of my tenants for months now for no reason other than to "get back" at me for refusing to sell them my property at a give -away price and /or because I would not allow them access across my property to develop theirs. I am asking the City of Chanhassen should stop honoring these complaints and instead uphold my rights as one of its citizens to continue use of my property as I have for 30 years, Since the day I called Bob, I have been bombarded with letters from Chanhassen making demands on me regarding the property. I am well aware that the property could use a little sprucing up, and I have plans for doing so; however, if Chanhasssen continues to insist that Greenscapes intensifies use of the property, my plans may have to take a back seat to my lawyer fees. Enclosed is an aerial photo of the property showing, albeit crudely, some of the landscaping I have had in mind for some time now (with more to follow), and which could be done rather soon with the help the able- bodied Greenscapes guys have offered. I also have beautiful iron fences which I would like to install. I know that the City of Chanhassen would like to see my property subdivided into 3 -4 residential lots, but I can't promise when that will happen. For now I depend heavily on the rental income. I think it's rather ironic that Chanhassen wants beautiful residential lots, but doesn't want to provide a place for a small business so that it can care for the beautiful lawns of its fair city. Many of the small lawn care operate from their home properties. My property is perfect for Greenscapes; they and I firmly promise to see to it that there is nothing for anyone to complain about. One final comment: My former husband and I agreed to include for a mere pittance Tract C (Teton Lane) in the sale of property to Centex allowing Bretton Way to cross our property. Chanhassen benefited greatly in this transaction, getting all of Curry Farms and the Ithilien development on the tax rolls. I would like the City of Chanhassen to remember this. Whether they choose to or not, I have the right to allow my property to be occupied by Greenscapes. j K Cid J: ' ' 1 � L k 7 Fc •`� . • F��`,. ��- ,�! � 's '�!�' Jar :fir J - ! jr It - 7 4 7V - - A 4 CITY OF CgAN9ASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us August 17, 2012 Mrs. Naomi Carlson 5955 Cathcart Drive Shorewood, MN 55331 Re: 6411 Bretton Way Dear Mrs. Carlson: The landscaping business at 6411 Bretton Way must vacate the property immediately. As stated in my letter to you dated July 30, 2012, the contractor's yard, landscape business, is an illegal intensification of the use of your building at 6411 Bretton Court. Contractor's yards are not allowed within the Single Family Residential (RSF) District. Contractor's yard means any area or use of land where vehicles, equipment, and /or construction materials and supplies commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. (Section 1 -2). I will be out to the site Friday, August 24, 2012 to verify that the business has vacated the property. If you have any questions or need additional information, please contact me at (952) 227 -1131 or bgenerous@ci.chanhassen.mn.us Sincerel Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Roger Knutson, City Attorney gAplanlbg\naomi carlson 6411 bretton 8 -17 -12 landscape busines.doC Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CgANEASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 July 30, 2012 Mrs. Naomi Carlson 5955 Cathcart Drive Shorewood, MN 55331 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Re: 6411 Bretton Way Administration Phone: 952.227.1100 Dear Mrs. Carlson: Fax: 952.227.1110 Building Inspections I am Ming you in response to our conversation today regarding the use of the Phone: 952.227.1180 building by Greenscapes, which we classify as a contracting business in the Fax: 952.227.1190 Chanhassen City Code. Contractor's yards are not allowed within the Single Family Residential (RSF) District. Engineering Phone: 952.227.1160 Contractor's yard means any area or use of land where vehicles, equipment, and /or Fax: 952.2271170 construction materials and supplies commonly used by building, excavation, roadway Finance construction, landscaping and similar contractors are stored or serviced. A Phone: 952.227.1140 contractor's yard includes both areas of outdoor storage and areas confined within a Fax: 952.227.1110 completely enclosed buildings used in conjunction with a contractor's business. (Section 1 -2). Park & Recreation Phone: 952.2271120 Such a use is considered an intensification of the use of the property. The previous Fax: 952.227.1110 commercial uses were confined to the building, did not include the storage of Recreation Center landscaping equipment and supplies and did not have commercial vehicles being 2310 Coulter Boulevard driven away in the morning and returning in the evening. Phone: 952.227.1400 Fax: 952.227.1404 The following are the existing conditions under which the property is being used: Planning & Natural Resources I . The property is zoned Single Family Residential (RSF) District. Phone: 952.227.1130 Fax: 952.227.1110 1 The property is guided for Residential — Low Density uses. Public Works 3. A 15 -foot by 150 -foot building currently exists on the property. 7901 Park Place Phone: 952.227.1300 4. The existing building is used for commercial /industrial type uses. Fax: 952.227.1310 5. The current use of the building is nonconforming, governed by Section 20 -72 Senior Center of the City Code, in that commercial /industrial uses are not permitted in the Phone: 952.227.1125 RSF district. Fax: 952.227.1110 Web Site 6. Any nonconformity, including the lawful use or occupation of land or www.ci.chanhassen.mn.us premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mrs. Naomi Carlson July 30, 2012 Page 2 7. No nonconforming use shall be resumed if 'normal operation of the use has been discontinued for a period of twelve months or more. 8. If a nonconforming land use is superseded or replaced by a permitted use, the nonconforming status of the premises and any rights, which.arise under the provisions of the .code, shall terminate. If you do not agree that such a use is an intensification of the use of the property, then you may appeal this decision to the Board of Appeals and Adjustments. The Board has the power 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 administrative officer in the enforcement of this chapter. Should the Board of Appeals and Adjustments agree that the use is not an intensification of the use of the property or if you appeal their decision, then you must proceed to request that City Council approve the use of the property.. Notwithstanding the prohibitions contained in the forgoing subsections of the nonconforming use ordinance,_ if approved by the City Council a nonconforming land use may be changed to another nonconforming land 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. Enclosed is a development review application for your use. If you have additional questions or need more information, please contact me at (952) 227 -1131. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager g:\plan \bg\naomi carlson 6411 july 2012.doc 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 September 6, 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 — Planning Case 2012 -13 to Naomi Carlson, 5955 Cathcart Drive, Excelsior, MN 55331 by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelope in the United States mail with postage fully prepaid thereon; that the name and address of such owner appeared as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Ka4n J. E elh t, DepQ Clerk Subscribed and sw n to before me this day of , 2012. Notary Pu is KIM T. MEUWISSEN Notary Public- Minnesota �'ar• �.. p y �'° My commission Expires Jan 31, 2015 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 18, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to review an Appeal of an Administrative Decision regarding the determination of the intensification of a non- conforming use on property zoned Single Family Residential (RSF) located at 6411 Bretton Way (Tract C, RLS 105 and Outlots C & D, Curry Farms 2 " Addition). Applicant/Owner: Naomi Carlson. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us /2012 -13 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerousgci.chanhassen.mn.us Phone: 952- 227 -1131 (Published in the Chanhassen Villager on September 6, 2012)