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Zoning Letter 09-24-20120 September 24, 2012 CITY OF Chanhassen, Carver County, Minnesota. Accordingly, the building and other CHMNSFN Symetra Life Insurance Company and Fax: 952.227.1110 Guaranty Commercial Title 7700 Market Boulevard c/o Venture Mortgage P Box Chanhassen, MN N 55317 7801 East Bush Lake Road, Suite 350 Phone: 952.227.1120 Fax: 952.227.1110 Edina, MN 55439 Administration Re: 80 West 78 Street Phone: 952.227.1100 Chanhassen, MN 55317 Fax: 952.227.1110 Building Inspections To Whom It May Concern: Phone: 952.227.1180 Fax: 952.227.1190 This office has been requested to confirm certain facts and circumstances concerning the current zoning and land use compliance status of the above referenced project. In Engineering Phone: 952.227.1160 furtherance of that request, we hereby confirm and advise you as follows: Fax: 952.227.1170 1. The above referenced project is located within the corporate limits of the City of Finance Chanhassen, Carver County, Minnesota. Accordingly, the building and other Phone: 952.227.1140 improvements comprising the project are under the jurisdiction and are required Fax: 952.227.1110 to comply with the building codes, ordinances and regulations of the City of Chanhassen, Carver and Hennepin Counties, Minnesota. Park &Recreation requirements, and also complies with the above stated comprehensive plan Phone: 952.227.1120 Fax: 952.227.1110 2. The project currently is located in a district with zoning classification of Highway designation and all requirements applicable thereto. and Business Services, BH and guided for a commercial land use. The zoning Recreation Center classification is consistent with the comprehensive plan designation. Enclosed is 2310 Coulter Boulevard a copy of the BH district regulations Phone: 952.227.1400 Public Works Fax: 952.227.1404 3. The current use complies with the current zoning classification and all current zoning requirements and regulations applicable thereto, including parking Planning & Natural Resources requirements, and also complies with the above stated comprehensive plan Phone: 952.227.1130 designation and all requirements applicable thereto. Fax: 952.227.1110 4. Site Plan Review #2012 -03 for a 20,600 square -foot retail building approved by Public Works the Chanhassen City Council on February 27, 2012. 7901 Park Place Phone: 952.227.1300 5. Variance #2012 -03 for a 10 -foot parking setback to permit parking at the right -of- Fax: 952.227.1310 way easement approved by the Board of Appeals and Adjustments on July 17, Senior Center 2012. Phone: 952.227.1125 Fax: 952.227.1110 6. Based on analysis of the use, there is sufficient parking to accommodate said use. Web Site www.ci.chanhassennn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Symetra Life Insurance Company and Guaranty Commercial Title September 24, 2012 Page 2 This information was researched by the undersigned on request as a public service. The undersigned certifies that the above information is believed to be accurate. However, neither the undersigned nor the City assumes liability for errors or omissions. All information was obtained from public records which may be inspected during normal business hours Should additional information be required of this office concerning the property, you may contact the undersigned. Sincerely, Kate Aanenson Community Development Director Enclosure gAplan\2012 planning cases\2012 -03 80 west 78th street\zoning letter.doc Municode Page 1 of 4 Chanhassen, Minnesota, Code of Ordinances >> - CITY CODE >> Chapter 20 - ZONING >> ARTICLE XVII. - "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT >> ARTICLE XVII. - "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20 -711. - Intent. Sec. 20 -712. - Permitted uses. Sec. 20 -713. - Permitted accessory uses. Sec. 20 -714. - Conditional uses. Sec. 20 -715. - Lot requirements and setbacks. Sec. 20 -716. - Interim uses. Secs. 20- 717 -20 -730. - Reserved. Sec. 20 -711. - Intent. The intent of the "BH" district is to provide for highway oriented commercial development restricted to a low building profile. (Ord. No. 80, Art. V, § 11(5- 11 -1), 12- 15 -86) Sec. 20 -712. - Permitted uses. The following uses are permitted in a "BH" district: (1) Antennas as regulated by article XXX of this chapter. ( Car wash. ( Community center. ( Convenience stores without gas pumps. ( Day care center. ( Fast -food restaurant. ( Financial institutions with /or without drive - through services. ( Funeral homes. ( Health services. (10) Liquor stores. (11) Miniature golf. (12) Motels and hotels. (13) Offices. (14) Personal services. (15) Private clubs and lodges. (16) Reserved. (17) Shopping center. ( Specialty retail shops. ( Standard restaurants. (20) http: / /Iibrary.municode.com/ print. aspx? h= &clientID= 14048 &HTMRequest= http %3a %2f... 9/24/2012 Municode Page 2 of 4 Utility services. (Ord. No. 80, Art. V, § 11(5- 11 -2), 12- 15 -86; Ord. No. 116, § 6, 1- 22 -90; Ord. No. 122, § 1, 2- 26 -90; Ord. No. 173, § 1, 7- 27 -92; Ord. No. 259, § 21, 11- 12 -96; Ord. No. 377, § 97, 5- 24 -04; Ord. No. 377, § 97, 5- 24 -04) Sec. 20 -713. - Permitted accessory uses. The following are permitted accessory uses in a "BH" district: (1) Signs. ( Parking lots. ( Temporary outdoor sales (subject to the requirements of section 20 -312 (Ord. No. 80, Art. V, § 11(5- 11 -3), 12- 15 -86; Ord. No. 243, § 5, 2- 13 -95; Ord. No. 377, § 98, 5- 24 -04) Sec. 20 -714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. ( Automotive repair shops. ( Convenience stores with gas pumps. ( Emission control testing stations. ( Garden centers. ( Motor fuel stations. ( Outdoor storage. ( Reserved. ( Small vehicle sales. (10) Supermarkets. (11) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V § 11(541 -4), 12- 15 -86; Ord. No. 80 -G, § 1, 1- 11 -88; Ord. No. 91, § 1 6- 27 -88; Ord. No. 116, § 6, 1- 22 -90; Ord. No. 120, § 4(8), 2- 12 -90; Ord. No. 137, § Z. 2- 11 -91; Ord. No. 259, § 22, 11- 12 -96; Ord. No. 296, § 2, 2- 14 -00; Ord. No. 377. § 99, 5- 24 -04) Editor's note - Section 1 of Ord. No. 91, adopted June 27, 1988, amended § 20 -714 by adding a subsection (5) thereto. Inasmuch as there existed a subsection (5), added by Ord. No. 80 -G, the editor has renumbered the new provisions as 20- 714(6). Subsequently, subsections (5) and (6), added by Ord. No. 116, § 6, adopted Jan. 22, 1990, were renumbered as (7) and (8). State law reference --- Conditional uses, M.S. § 462.3595. Sec. 20 -715. - Lot requirements and setbacks. The following minimum requirements shall be observed in a "BH" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is ten acres. This section may be waived by a condition use permit in the case of expansion of an existing district. ( The minimum lot area is 20,000 square feet. (3) http: // library. municode.com / print. aspx? h= &clientID= 14048 &HTMRequest =http %3 a %2f... 9/24/2012 Municode Page 3 of 4 The minimum lot frontage is 100 feet, except that lots fronting on a cul -de -sac shall have a minimum frontage in all districts of 60 feet. ( The minimum lot depth is 150 feet. ( The maximum lot coverage is 65 percent. ( Off - street parking shall comply with district setback requirements except: a• There is no minimum setback when it abuts a railroad right -of -way, except as provided in chapter 20 , article XXV, division 3, pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off - street parking area. C. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. d• The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights -of -way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that 100 percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. ( The maximum height is as follows: a• For the principal structure, two stories. b. For accessory structures, one story. ( Minimum setback requirements: a• For front yards, 25 feet. b. For rear yards, 20 feet. C. For side yards, ten feet. d• The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. e. Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20 , article XXV, of the Chanhassen City Code. 2 • The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. 3. The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and /or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Ord. No. 80, Art. V, § 11(5-11-5),12-15-86: Ord, No. 94, §§ 1 3, 7- 25 -88; Ord. No. 136. §§ (A, t8, 1- 28 -91; Ord. No. 451 § 4, 5- 29 -07; Ord. No. 474, § 11 10- 13 -08) http: // library. municode .com / print. aspx? h= &clientID= 14048 &HTMRequest =http %3 a %2f... 9/24/2012 Municode Sec. 20 -716. - Interim uses. The following are interim uses in the "BH" district: (1) Churches. ( Reserved. ( Farmers markets. (Ord. No. 120, § 3. 2- 12 -90; Ord. No. 243, § 6, 2- 13 -95) Secs. 20- 717 -20 -730. - Reserved. Page 4 of 4 http: // library. municode .com / print. aspx? h= &clientID= 14048 &HTMRequest= http %3a %2f... 9/24/2012 /a -0 3 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 09/26/2012 3:51 PM Receipt No. 00199755 CLERK: AshleyM PAYEE: Public - - - - - -- -- - - - - -- Zoning Letter 25.00 Total 25.00 Cash 0.00 Credit Cd 25.00 Change 0.00