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PC Staff Report 09-18-2012PROPOSED MOTION "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, denies Planning Case #2012 -12 for a 4,940 square -foot variance to the 1,000 square -foot accessory structure limitation on property zoned Agricultural Estate District (A2), and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The applicant is requesting a 4,940 square -foot variance from the 1,000 square -foot accessory structure area limitation to reconstruct the original legal non- conforming shed with a second expansion of 520 square feet on property zoned Agricultural Estate District (A2). LOCATION: 720 West 96` Street Chanhassen, MN 55317 P/O SW 1/4 NW' /4 E 155' OF W 310', TOWNSHIP 116, RANGE 23 PID:25- 0253210 APPLICANTS: Greg and Tammy Falconer 720 West 96 Street Chanhassen, MN 55317 (612) 850 -6856 gmfincmmminter.net PRESENT ZONING: Agricultural Estate District (A2) RM _ _iYv. $`t Str t pit ' ! . Y 2030 LAND USE PLAN: Residential Low Density (1.2 — 4 units per acres) ACREAGE: 4.77 acres (207,781.2 square feet) DENSITY: NA ADJACENT ZONING: The properties to the north, south, east and west of the subject property are zoned Agricultural Estate District (A2). Access to the site is via West 96 Street to the north of the property. 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 a variance. The City has a relatively high level of Falconer Variance Request Planning Case 2012 -12 September 18, 2012 Page 2 of 9 discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL SUMMARY 1NES1 96TH STREET w» 3 ms Mini SM I� Li APPLICABLE REGULATIONS The applicants are requesting a variance to exceed the 1,000 square -foot maximum area for accessory structures to reconstruct the original square foot legal non - conforming structure. The first expansion of 4,140 square feet was constructed in 2000. With the proposed expansion the accessory structure would total 5,940 square feet, which would exceed the maximum allowable accessory structure area by 4,940 square feet. The site has an area of 4.77 acres and is zoned Agricultural Estate District (A2). The property has a single - family home with an attached garage, a 90' x 46' accessory structure (4,140 square feet) and a 40' x 32' accessory structure (1280 square feet). Section 20 -904 of the zoning ordinance regarding accessory structures limits detached accessory structures to 1,000 square feet. The property is zoned Agricultural Estate District (A2) and is located at 720 West 96 Street. Section 20 -74 of the zoning ordinance regarding nonconforming uses and structures allows for the nonconformity to be continued, through repair, replacement, restoration maintenance or improvement, but not expansion. • Chapter 20, Division 3, Variances • Chapter 20, Article II, Division 4, Nonconforming uses • Chapter 20, Article IV, Division 2, Conditional Uses • Chapter 20, Article X, "A -2 ", Agricultural Estate District • Chapter 20, Article XXIII, Division 1, Section 20 -904, Accessory Structures j .: ,.� , s i r• wA , ' w•.c IJI Falconer Variance Request Planning Case 2012 -12 September 18, 2012 Page 3 of 9 BACKGROUND On December 5, 1984, the City Council approved a conditional use permit for a contractor's yard for the subject property. This application was in response to the August 20, 1984 amendment to the Zoning Ordinance to allow contractor's yards as a conditional use in the R -la, Agricultural Residence District. When the CUP was approved the site contained two parcels for approximately 10 acres and included two pole barns. The easterly lot was sold and in 1985 a house was constructed on 710 West 96 Street. That lot required a variance because it did not meet the standards of the R -la district. With the variance approval for 710 West 96 Street the city council affirmed the CUP for the contractor's yard. The conditional use permit request for the continuation of the contractor's yard located at 710 and 720 West 96 Street was approved subject to two conditions: 1. Expansion of the existing operation beyond what has been represented in the application must be approved by a conditional use permit. 2. All vehicles must be stored within a building or the outdoor vehicle storage area must be screened on all sides with adequate fencing at least six feet in height. The operation of the contractor's yard was represented as the use of two 2 -ton trucks, one 1 -ton truck, one bobcat, one backhoe, one crawler, and two mixers, traveling in and out once a day. None of the work activity was going to occur on the property. In 2009 the city amended the CUP ordinance to state: 20 -233 (c) It is a condition of every conditional use permit that the property for which the permit is issued not be subdivided or the lot lines of the property altered. While this CUP predated the new language it should be noted that the CUP was granted for a larger parcel. The current zoning ordinance specifically prohibits contractor's yards. In a letter dated October 2, 2000 the applicant, Greg Falconer, was advised that the City had received complaints regarding the operation of a contractor's yard. The letter reiterated the conditional use permit condition "expansion of the existing operation beyond what has been represented in this application must be approved by a conditional use permit." The letter further advised that the building permit issued for the 4,040 square -foot shed was not to be used in conjunction with a home occupation or the matter would be forwarded to the City Attorney's office. Sec. 20 -236. - Expiration. If substantial construction has not taken place within one year of the date on which the conditional use permit was granted, the permit is void except that, on application, the council, after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discontinued for six months, the conditional use permit shall become void. It appears that the current contactor's yard is no longer operating as stipulated in the conditions of CUP# 83 -17. Therefore, the contractor's yard is void. Falconer Variance Request Planning Case 2012 -12 September 18, 2012 Page 4of9 The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square feet. This ordinance limiting the area of the accessory structures in Agricultural Districts was adopted in May of 2007 in response to contractors purchasing property and building accessory structures to house their businesses. City Code prohibits the use of accessory structures for home occupations. At the time of the ordinance amendment there were discussions regarding reasonable requests for structures in excess of 1,000 square feet to be used for legitimate agricultural uses. Minnesota State Statute 17.81 — Definitions, Subdivision 4 defines agricultural uses as "use of land for the production of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under Chapter 18H, fruit of all kinds, vegetables, forage, grains, bees and apiary products. " It was decided after the discussions that requests for accessory structures in excess of 1,000 square feet would be reasonable if based on a legitimate agricultural use. The accessory structure to be located on the subject property is intended to be used as a hobby structure to house antiques; therefore, it would not be considered a legitimate agricultural use. �.i Location of the proposed expansion Location of Planning Case #2012 -10 Structure constructed after 2005, no permit on file If a subject property meets the criteria as listed below or found in Minnesota State Statute 1613.60 and 273.13, the agricultural building would be exempt from Minnesota State Building Code and would not require a building permit. The property located at 720 West 96 Street does not qualify as agricultural land because the property has 4.77 total acres. Therefore, the accessory structure would require a building permit. Falconer Variance Request Planning Case 2012 -12 September 18, 2012 Page 5 of 9 • Minnesota State Statute 16B.60 — Definitions defines agricultural buildings to mean "a structure on agricultural land as defined in Section 273.13, Subdivision 23, designed, constructed and used to house farm implements, livestock or agricultural produce or products used by the owner, lessee, or sub lessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or goods. " • Minnesota Statute 273.13 — Classification of property, Subdivision 23, Class 2 defines agricultural land to mean "contiguous acreage of ten acres or more, used in the preceding year for agricultural purposes. " ANALYSIS The applicant is requesting a variance to expand a nonconforming accessory structure. The original 1,280 square -foot structure suffered a partial snow load collapse during the winter of 2011. The applicant may replace the existing 1,280 square -foot accessory structure without a variance but may not expand it per Section 20 -72 — Nonconforming uses and structures. Proposed new building envelope Original Structure First Expansion 90.3' x 45.7' [4,140 square feet]. Application applied for August 2000. The original structure, first expansion and proposed expansion will have a total area of 5,940 square feet. This would exceed the 1,000 square -foot accessory structure maximum allowable area by 4,940 square feet. Based on the drawing submitted it appears the addition is a Falconer Variance Request Planning Case 2012 -12 September 18, 2012 Page 6 of 9 reconstruction of the original wood frame building (attached proposed building plans) The applicant is intending to use the additional space as a hobby structure and intends to store antiques. Staff is concerned with the overall large size of the structure. This concern originates from the possibility that large accessory structures are used in conjunction with home occupations. Home occupations are intended to be conducted out of a residence and maintain a residential appearance. When the operations are moved into an accessory structure they become a common cause of complaints by neighbors. They often create excess parking, traffic and noise. Staff is concerned that if the property would be sold in the future, it may be purchased by a person with the intentions of operating a home occupation out of the accessory structure. Staff further believes the use is inconsistent with the goals and policies of the Comprehensive Plan. 2030 Comprehensive Plan The subject property is guided by the Comprehensive Plan for residential low density use and is included in the 2010 Metropolitan Urban Services Area. This area will redevelop in the future as a more suburban type of development. Historically, 85 percent of residential low density land is developed with approximately one -third acre lots and single - family detached residential units. The remaining 15 percent of development is some other type of low density residential use e.g., twin homes, and town houses at a density of less than four units per acre. Accessory structures in excess of 1,000 square feet are not conducive to these types of development. 2.9 — AGRICULTURE LAND USE Consistent with the 2030 Regional Development Framework, the City does not provide for a purely agricultural land use, but rather supports the preservation of this use in greater Carver County. With the urbanization of the City, there is only one active farm. There are some properties that continue to lease their land for crop production. The City reduces the development pressures on agricultural land through its MUSA phasing plan and a policy of protecting agricultural land from premature development until such time as are services are available and requested. 2.15 — GOALS & POLICIES Areas outside the MUSA shall be preserved as an agricultural zone or used to support very low density development. It is the City's policy to ensure that this area is not prematurely developed. The City will discourage the expansion or construction of commercial and industrial facilities in this area. The applicant would be in compliance with zoning regulations by replacing the original 32' x 40' (1,280 square -foot) nonconforming structure. The replacement of the nonconforming structure is already exceeding the 1,000 square -foot accessory structure area limitation. The original structure combined with the 90' x 46' (4,140 square -foot) first expansion exceeds the maximum allowable accessory structure limitation by 4,420 square feet. The 520 square -foot proposed expansion would exceed the maximum allowable accessory structure by 4,940 square feet. According to City Code the applicant does have reasonable use of the property with the existing house and attached garage, 90' x 43' accessory structure and 40' x 32' accessory structure. Falconer Variance Request Planning Case 2012 -12 September 18, 2012 Page 7 of 9 SITE CONDITIONS There are not any topographical or pre- existing conditions or characteristics on the site that would constitute a hardship or need for the variance. There is a Manage Two Wetland located on the southernmost portion of the site. The intended location of the structure would meet the Manage Two Wetland setback requirements. NEIGHBORHOOD Staff reviewed city records to determine if any structures in proximity to the subject site were constructed after the accessory structure limitation was adopted in 2007. In December of 2007, the Planning Commission approved a 177 square -foot variance to exceed the 1,000 square -foot maximum for accessory structures. The variance was to allow for a 452 square -foot addition to an existing 725 square -foot detached garage. There was also a structure constructed sometime after 2005, without record of a building permit. It is unclear if this structure was constructed before or after the adoption of the zoning ordinance in 2007. The applicant believes the accessory structure would benefit the character of the neighborhood. Staff did confirm that there are several properties with an excess of 1,000 square feet in accessory structure area. These properties are illustrated in the image below. These structures were constructed prior to the 2007 ordinance amendment. The accessory structures in excess of 1,000 square feet at the time of the ordinance amendment are considered to be legal nonconforming. Falconer Variance Request Planning Case 2012 -12 September 18, 2012 Page 8of8 RECOMMENDATION i i m I 3 J i E+" Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, denies Planning Case #2012 -12 for a 4,940 square -foot variance to the 1,000 square -foot accessory structure limitation on property zoned Agricultural Estate District (A2), and adopt the attached Findings of Fact and Decision." ATTACHMENTS 1. Findings of Fact and Decision (Denial). 2. Development Review Application. 3. Reduced copy of the proposed lot survey. 4. Building Plans. 5. Conditional Use Permit #87 -14. 6. Letter to Greg Falconer dated October 2, 2000 7. Public Hearing Notice and Affidavit of Mailing. g: \plan\2012 planning cases\2012 -12 720 west 96th street variance - falconer\staff report 720 west 96th street.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Greg and Tammy Falconer for a 4,940 square -foot area variance from the 1,000 square -feet accessory structure limitation on property zoned Agricultural Estate District (A2) — Planning Case 2012 -12. On September 18, 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: P/O SW 1/4 NW/ 4E 155' OF W 310', TOWNSHIP 116, RANGE 23 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 subject site is zoned Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to be used for hobby storage. During the 2007 amendment discussion, it was indicated that requests for accessory structures in excess of 1,000 square feet would be reasonable if based on a legitimate agricultural use. This structure is being used for hobby storage and not for agricultural uses. Therefore it is not keeping in harmony with the general purpose and intent of the A2 district. 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2, as a house, attached garage and two accessory structures exist on the property. Agricultural accessory structures are listed as a permitted accessory use however; the proposed accessory structure does not meet the criteria for an agricultural building. City Code would permit the replacement of the 1,280 square foot nonconforming accessory structure in compliance with the zoning regulations. Literal interpretation of the code does not constitute a hardship. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for hobby storage. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The 1,280 square -foot accessory structure suffered a snow load collapse in the winter of 2011. The homeowner is intending to replace the existing structure with rebuild with an expansion of 520 square feet. The City Code states "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 expansion." This does not constitute a unique hardship not created by the landowner since the 1,280 square -foot structure could be replaced. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. The request is also insistent with the City Land Use Section of the City's 2030 Comprehensive Plan: 2.9 — AGRICULTURE LAND USE Consistent with the 2030 Regional Development Framework, the City does not provide for a purely agricultural land use, but rather supports the preservation of this use in 2 greater Carver County. With the urbanization of the City, there is only one active farm. There are some properties that continue to lease their land for crop production. The City reduces the development pressures on agricultural land through its MUSA phasing plan and a policy of protecting agricultural land from premature development until such time as are services are available and requested. 2.15 — GOALS & POLICIES Areas outside the MUSA shall be preserved as an agricultural zone or used to support very low density development. It is the City's policy to ensure that this area is not prematurely developed. The City will discourage the expansion or construction of commercial and industrial facilities in this area. 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 42012 -12, September 18, 2012, prepared by Ashley Mellgren, et al, is incorporated herein. DECISION "The Chanhassen Planning Commission, acting as the Board or Adjustments and Appeals, denies Planning Case #2012 -12 for a 4,940 square -foot variance to the 1,000 square - foot accessory structure limitation on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 18 day of September, 2012. CITY OF CHANHASSEN mm Chairman Planning Case No. /, la PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: 'F et / a'V1 .-" 7.20 lu 2 , -A 510-L C'h,a.., cruse , . kvl l 52 5 - 3) 7 Contact: /,' , Phone: &,A Email: G vn -P%wc 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* Property Owner Name and Address: Contact: Phone: Fax: Email: Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) g Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _ Notification Sign $200 (City to install and remove) X w for Filing Fees /Attorney Cost ** $5 UP /SPR/VA NA AP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ CITY OF CHANHASSW RECEIVED AUG 2 4 2012 CHANHASSEN PLANNING DIwPT An additional fee of $3.00 per address within the public hearing notification area will be 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 shadib"baAgletten each application. RECEIVED AUG 2 4 2012 the anolicant SCANNED CHANHASSEN PLANNING DEPT PROJECT N LOCATION: LEGAL DESCRIPTION AND PID: 2 E?M u Z I V TOTAL ACREAGE: `� e77 WETLANDS PRESENT: '_ YES NO PRESENT ZONING: /k-G,' r r C - L� REQUESTED ZONING: PRESENT LAND USE DESIGNATION: 2fc- n/)h a l Lcw 2Q 4 s ck/ REQUESTED LAND USE DESIGNATION: �a 4 ,,� L REASON FOR REQUEST: \fir± L - P,Y f4 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 & Fee Owner � W A 1 4, Ilk g: \plan\forms \development review application.doc SCANNED Reason for request: My wife and I have had plans for building a hobby structure for about 10 years now. Since our first goal was to build a nice house on our property, owned since 1996, we decided to make that happen first and that was finished in January of 2010. Since our neighborhood is unique to Chanhassen, being zoned in agriculture, we had decided early on to create a building that fit the neighbor hood and our existing property theme. The theme is equine as we have over 25 horses within 300 yards each direction of our property. The building proposed is called a monitor style equine building and is a large improvement from the old equine building (see photo) original to the property in 1965. The old building suffered a structure collapse from snow load in 2011 just moments after I was in the building. Part of my reasoning for extending the width of the building is to try and prevent heavy snow build up in the back center of the existing structure and to make the building more uniform with the existing pole barn. A downsized monitor style building conforming to the original structure size of 1200 sq /ft does not work functionally or aesthetically to our goal. We are asking for only 500 sq /ft extra footage of which almost half will be open to the elements in the form of a covered overhang as my photo depicts. (see photo red line for interior /exterior wall) We believe our plan not only makes sense but improves the overall look of the neighborhood by keeping to the theme and preserving the original look to earlier Chanhassen. We think a diverse Chanhassen is good for everyone and preserves a look that some people may never have known existed without neighborhoods like ours. CITY RECEIVED SSEN AUG 2 4 2012 CHANHASSEN PLANNING DEPT 117- RECEIVED AUG ' 7 2011 Cholt4sSEN WSPECT !TAG t 1 Mee lj - :I \ • I LL gm F." GPFr AMOVM CITY COPY 1 7 9WOII1IE x' w,pNe x• g ';OUNTY POAU NO 14 MAR 1 `L _ CLTY RPEa V:E1S '* 1 Q CHANHASSEN PLANNING DEPT Chanhassen, North Nevatlon ,;iTv OF CHANHASSEN 'DECEIVED &_"!j 4 2012 CHANHASSEN PLANNING DEPT Falconer 120 We5t 96th Street Chanhassen, MN V16 $ 1 ----- r n ------------ 1 11 W 14 ' i i 21" x 8" 5ide wall f oot i ng s n --__-----_t _ ------------ rc--------- - -- ------- y--------- footings, 33" 1 12" Fes, I;�, fn pff mamfa&rff CITY OF CHANHASSEN RECEIVED AUG 2 4 2012 7'x9' ©verhead :door 1 1 I 1 , 1 1 , 1 1, 11 4 y e l foot4w 11 1 11 11 ��1155 �xJJ Iwi+..P 11 p Y 11 11 11 ,1 11 11 11 11 11 11 1,1 -Al t 1 41_AI I _ I _ __. .._....141 All 0 al West Nevatlon Falconer 120 West 96th Street Chanhassen, MN 1/8 - I 415thq 13uddlnq CHANHASSEN PLANNING DEPT Faqt NMlon AUG 2 4 2012 Pasch and 5offlt 2 "x10" Header I ii fcntN -- `- - - ��33 "x12" footpiq 811X811 footing CITY OF JJ� NHASSEN RECEIVED AUG 2 4 ?017 CHANHASSEN PLANNING DEPT CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 1. Permit Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: Contractor's yard activities fob Ronald and Linda Landin . 2. Property The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: East 155 feet of the West 310 feet of the SW} of NWJ, and the East 155 feet of the west 465 feet of the SWI of NWJ, Section 25, Township 116, Range 23 (710 and 720 West 96th Street). 3. Conditions The permit is issued subject to the following conditions: 1. Expansion of the existing operation beyond what has been represented in Conditional Use Permit #84 -18 must approved by a conditional use permit. 2. All vehicles must be stored within a building or the outdoor vehicle storage area must be screened on all sides with ade- quate fencing at least six feet in height. 4. Termination of Permit The City may revoke the permit following a public hearing under any of the following circumstances: material change of condition of the neighborhood where the use is located; violation of the terms of the permit. 5. Criminal Penalty Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: ,��� /,( /9P5" CITY OF CHANHASSEN ItA Aziy�br By: Its Clerk STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of �' 19_ff, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. e No ary / qb 1' KAREN J. ENGELHARDT NOTAC. ' ' t My Comnn:,_ +�NNESOTA '�IUNTY 9 198: 2 e es-f q b )l1 " C`t H-6- ------------- F� 0 ) Rmfmo F,415 0 CITY OF CgANgASSEN 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612937 1900 October 2, 2000 Mr. Gregory Falconer 720 West 96 Street Chanhassen, MN 55317 Dear Mr. Falconer: General Fax.612937.5739 The City has received complaints regarding the operation of a contractor's Engineering Fix 612.9379152 business on your property. Our records indicate that a conditional use permit Public Safety Fax 612.934.2524 ( # 84 -17) was issued on December 3, 1984, to operate a contractor's yard on Web www.a.chanhassen.mn.us the site. A condition of this permit was that the "expansion of the existing operation beyond what has been represented in this application must be approved by a conditional use permit (CUP)." The current zoning ordinance specifically prohibits contractor's yard as home occupations. Therefore, your contractor's business is legal nonconforming. You cannot expand beyond what was approved in 1984. Our records also indicate that you have been issued a building permit to construct a 4,050 sq. ft. shed. It was noted on your permit by staff that this structure shall not be used for a home occupation, including contractor's yard. This letter is to officially inform you that the shed may not be used for an expansion of a contractor's yard. The City will periodically perform inspections to ensure conformance to the original conditional use permit. I have enclosed a copy of the approved CUP for your records. Use of the shed for the contractor's operation or expansion of the contractor's yard, will result in this matter being forwarded to the City Attorney's office for enforcement Should you have any questions, please feel free to contact me at 937 -1900, ext. 141. Sincerely, Robert Generous, AICP Senior Planner Enclosures c: v Building File, 720 W. 96 Street Scott Botcher, City Manager Elliot Knetsch, Campbell Knutson Community Service Officer The City of Chanhassen. A growing community with clean lakes, quality schools, a channinQ downtown, thriving businesses, and beautiful Harks. A vreat Place to live. work. and Play. 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 for 720 West 96 Street Variance Request — Planning Case 2012 -012 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. K en J. En el ardt, DejWy Clerk Subscribed and sworn to before me this 0� day o , 2012. Not ary Pub KIM T. MEUWISSEN Notary Public- Minnesota °:il;;; '` My Commission Expires Jan 31, 2015 ANVVVVVVVVVVVAANV Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 18, 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. Request for a Variance from Section 20 -904 of the Chanhassen Proposal: City Code to allow an accessory structure in excess of 1,000 square feet on pro zoned Agricultural Estate District A2 Applicant: Greg & Tammy Falconer Property 720 West 96 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. at the Meeting: 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 p roject. 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 -12 If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bgenerous -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. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 18, 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. Request for a Variance from Section 20 -904 of the Chanhassen Proposal: City Code to allow an accessory structure in excess of 1,000 square feet on pro zoned Agricultural Estate District A2 Ap plicant: Greg & Tammy Falconer Property 720 West 96 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: 1. Staff will give an overview of the proposed project. at the Meeting: 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 -12 If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerousCc�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. ANDREW T RIEGERT BLUFF CREEK GOLF ASSOC BRADLEY C WORM 620 96TH ST W PO BOX 1060 750 96TH ST W CHANHASSEN MN 55317 -8601 CHANHASSEN MN 55317 -1060 CHANHASSEN MN 55317 -8603 CHARLES E & SANDRA R WORM 760 96TH ST W CHANHASSEN MN 55317 -8603 CONRAD L KERBER 9850 DELPHINIUM LN CHASKA MN 55318 -1176 DOUGLAS L & PAULA JO STEEN 701 96TH ST W CHANHASSEN MN 55317 -8603 GARY J & MARY LANE BENDZICK 731 96TH ST W CHANHASSEN MN 55317 -8603 JAMES R & SHARON M HEDBERG 750 PIONEER TRL CHANHASSEN MN 55317 -8671 KEVIN L & LORI A BOGENREIF 631 96TH ST W CHANHASSEN MN 55317 -8602 RICHARD A & BETTY A DERHAAG 711 96TH ST W CHANHASSEN MN 55317 -8603 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN MN 55317 -8602 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317 -8695 WILLIAM F & MARY E HEINLEIN 721 96TH ST W CHANHASSEN MN 55317 -8603 GREGORY M FALCONER 720 96TH ST W CHANHASSEN MN 55317 -8603 JAXON D & ALLISON L LANG 9870 DELPHINIUM LN CHASKA MN 55318 -1176 LESLIE L O'HALLORAN 710 96TH ST W CHANHASSEN MN 55317 -8603 ROBERT & BETTY WOLD 730 PIONEER TRL CHANHASSEN MN 55317 -8671 STEVEN J & SANDRA R KADISAK 810 PIONEER TRL CHANHASSEN MN 55317 -8673 VIVEK KAUL 9875 DELPHINIUM LN CHASKA MN 55318 -1176 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN MN 55317 -8603 JOHN & ANNA MAE MAKELA 8503 OLD TOWNE CT KNOXVILLE TN 37923 -6361 LISA C OLSON 9855 DELPHINIUM LN CHASKA MN 55318 -1176 ROBERT A & ELIZABETH K HAAK 770 PIONEER TRL CHANHASSEN MN 55317 -8671 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN MN 55317 -8601 WESLEY & CAROL DUNSMORE 730 96TH ST W CHANHASSEN MN 55317 -8603