PC Minutes 09-18-2012Chanhassen Planning Commission – September 18, 2012
accessory structure limitation on property zoned Agricultural Estate District (A2) and adopt the attached
Findings of Fact and Decision.
Hokkanen: Second.
Aller: I have a motion and a second. Any further discussion?
Undestad moved, Hokkanen seconded that 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.All voted in favor, except Colopoulos who
opposed, and the motion carried with a vote of 5 to 1.
Aanenson: Again, point of clarification Chairman. This did meet the super majority but the applicant
still has the right to appeal this to the City Council.
Aller: Correct.
th
Aanenson: And that would, could go forward on October 8. We just need to get it in writing the appeal.
Aller: Okay, thank you. And we’re moving forward to item number 3 on the agenda.
PUBLIC HEARING:
6411 BRETTON WAY: REQUEST TO APPEAL AN ADMINISTRATIVE DECISION ON
PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) LOCATED AT 6411 BRETTON
ND
WAY (TRACT C, RLS 105 AND OUTLOTS C & D, CURRY FARMS 2 ADDITION).
APPLICANT/ OWNER NAOMI CARLSON, PLANNING CASE 2012-13.
Aller: We’re going to have the planning staff will make it’s presentation ma’am.
Naomi Carlson: Oh, okay.
Aller: Then you will make your presentation. Have your opportunity. Then we’ll have a public hearing.
Naomi Carlson: Thank you.
Aller: You bet.
Generous: Thank you Chairman Aller and commissioners. As you stated this is an appeal of
administrative decision. Couple things. Administrative decision, staff sent a letter to Ms. Carlson on July
th
30 stating that the lawn care service that she was proposing at 6411 Bretton Way was not permitted in
the zoning district and could not occupy the space. However we did also point out that the administrative
th
procedures that she could follow for that. We followed up with a letter on August 17, which is attached
to the staff report stating that this lawn care service was a non-conforming use. We determined that that
was an intensification of the use of the property and it was not permitted in the district and they needed to
have the business vacate the property. Subsequent to that Naomi Carlson submitted, made an application
to appeal this decision. The Planning Commission sits as the Board of Adjustments and they can make
that determination. Earlier tonight I handed out a petition signed by 21 property owners within the
neighborhood. I put it out for all the planning commissioners, stating that they concur with staff’s
decision and want you to affirm that we, it is an intensification of the use and should not go there. They
further pointed out that there’s some code compliance issues that are in existence on the property. While
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Chanhassen Planning Commission – September 18, 2012
that’s not part of this discussion tonight I did want to advise the Planning Commission and the neighbors
that we are proceeding through our property maintenance ordinance and our nuisance ordinance to work
on cleaning up the site with the property owner so that’s really not part of the discussion tonight and so all
their petition and information. The second item I gave to you was a letter from the Story’s regarding their
experiences with the property and again supporting staff’s decision that this is an intensification of the use
and should not go there and again they request that they be, that the code enforcement issues be brought
forward and as I stated we’ve done that already. Attached to their letter are numerous pictures of the
property. Aerial views of that and then pictures of some of the parking of vehicles on the site. Parking of
trailers on the site and then some of the nuisance and building code issues that they have with the
property. Again we’re limiting our discussion tonight to just the intensification of the use and decision
that we’ve made. The property is located at 6411 Bretton Way. It’s surrounded on the south and, which
is this long building located at the cul-de-sac bubble and Bretton Way goes here. Teton is to the west of
this property. This building right here is a single family home also owned by the applicant but it’s not
part of the non-conforming use. It is a single family home and that’s what it needs to be maintained as.
The city regulations. Any non-conformity, including the lawful use of an occupation of land or premises
existing at the time the adoption of an additional control under this chapter, the zoning ordinance, may be
continued including through repair, replacement, restoration, maintenance or improvement but not
including expansion and in the realm of use of a property it would be through the intensification of the
use of that property and staff has determined that the landscaping business meets the definition of a
contractor’s yard and would be intensification of the use of this building and the property and so we’re
saying that it’s not permitted and it’s not a continuation of any of the non-conforming use. The purpose
of the non-conforming use ordinance is to, the elimination of non-conforming uses and/or the reduction of
their impact on adjacent properties. Again allowing an intensification of the use would have a negative
impact on the abutting property owners and so we’ve directed that the landscape service be removed from
the site. However, non-conforming uses may be replaced if approved by City Council from one non-
conforming use to another. However that would be a separate item and also the property owner would
have to show that the uses would be in the best interest of the community and would be a less intensive
use of the property, and I advised Mrs. Carlson that this would be her next step as she goes forward in the
process. There’s only two points that the city is sure of the uses in there. In 1987 when the surrounding
land was being subdivided there was some inspection and there were two woodworking businesses,
Precision Finishes which was a painting shop and a motorcycle repair business. In 1995 the City
inspected the property and again we found those same uses in place so any changes in uses from what was
there would have to be approved by City Council and the landscape service was not approved by City
Council and as we stated we believe that’s an intensification of the use and should not be permitted. And
the reason that it’s an intensification because it wasn’t in existence at the time that these uses became non-
conforming. The best we can find is in 1986 that area was rezoned to single family residential with a
change to the zoning ordinance. Prior to that it had been zoned R1A. This landscape business does have
additional impacts on the surrounding properties. They are parking vehicles outside and they’re parking
on the lawn and that’s something that hasn’t been done in the past. The vehicles are being driven away in
the morning and returned every evening. This is becoming a daily event, even though in her
correspondence she says this is only for the summer period but this business is also, lawn care service has
also become snow removal services in the winter so who’s to say that they can’t come in there and use
their facilities if they’re there to either repair their equipment or just store it. And previously all the
businesses operated completely within the building so, by expanding outside we meet the definition of the
contractor’s yard with the parking of the trailers and the equipment. For that reason we think that’s an
interpretation of the, intensification of the use and should not be permitted. The property owner, Ms.
Carlson is, has appealed our decision and her contention is that it is a continuation of the other uses of the
property and the machining manufacturing or contracting business of one nature or another that have
occurred over time. However the non-conforming ordinance states that it’s actually the uses that were
there. Changes of uses must be approved by City Council. And here’s some pictures again. They were
in the applicant’s submitted disc for us but these are the two that showed the outside storage of
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Chanhassen Planning Commission – September 18, 2012
equipment. On the back side of that building. And finally we’re recommending that the Planning
Commission, as a Board of Appeals and Adjustment affirm our determination that this is an
intensification of the use, non-conforming use of the property and that they order the business to vacate
the premises. With that I’d be happy to answer any questions.
Aller: Is the business still there?
Generous: Yes.
Aller: And when you were there did you see the vehicles stored outside?
Generous: I did not when I did my inspection.
Aller: Did you have the opportunity to talk to any of the other residents around there that maybe saw you
at the property or have called in?
Generous: When I visited the property I had Mrs. Carlson and the contractor met with me and I told them
about the process and that we really need to have them vacate it though.
Aller: Okay. Any further questions? Comments? Questions? Okay. The applicant. If you could state
your name.
Naomi Carlson: Hi, I’m Naomi Carlson.
Aller: Thank you Mrs. Carlson. And your address please.
Naomi Carlson: My home address?
Aller: Ah yes.
Naomi Carlson: 5955 Cathcart Drive, Shorewood, Minnesota, 55331.
Aller: Thank you ma’am.
Naomi Carlson: Shall I start or do you ask me questions?
Aller: No, you can go ahead and tell us why you think the decision is wrong because you’re appealing
their decision so if you could let us know what things that you would contest about the things that they
determined.
Naomi Carlson: Okay. First of all I want to tell you that I know, I recognize that the building needs some
fixing up and I am only now recovering from a serious illness which left me unable to go to my job and
so I haven’t had the funds to do the fix up but now I can do it.
Aller: Mrs. Carlson.
Naomi Carlson: Beg your pardon.
Aller: We don’t have to hear about the actual physical project. You know whether or not it needs to be
fixed up or not. What we’d like to hear about is the types of businesses that you have there and why they
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Chanhassen Planning Commission – September 18, 2012
aren’t an intensification or more of a burden on the community than the other businesses that you had in
before.
Naomi Carlson: Okay. First of all I feel like the City of Chanhassen is, or the Planning Commission,
whoever, city administration, is using the broadest legal term of contractor’s yard and Greenscapes is not,
they’re not a contractor. They are small service. They do lawn care. They’ll do minor things for people
if they want it but that’s no their main business. They come in the morning. Carpool in. The boys do,
only in the summertime. The help. The employees and then they leave in the morning. Come back at
night or late afternoon. Get in their cars and go home. The 3 partners drive their trucks home and I don’t
want to get into this thing from Mr. Story. This is going to be forwarded to my attorney tomorrow. There
is just so much, so full of untruth’s but now I forgot what I was going to say.
Aller: Well let’s talk about the business that was in there before.
Naomi Carlson: Okay. There have been, I have owned it for 30 years and when all the spaces are rented
there are more cars with trucks for the businesses there than Greenscapes adds to. There are fewer cars
and trucks there, with that business than there were if all the spaces were rented. And which they have
been and even Ramsey Woodworking had his truck and 3 to 4 people working there at a time and I, I
can’t understand why they would have to be the same use. It’s very unlikely that when a space becomes
vacant that I’ll be able to get another person with that same business to move in there but they’re not
intensifying the use of the property. Let’s see.
Aller: During the, it looks like almost 10 years that you had the woodworking in there and other
individuals.
Naomi Carlson: They were there almost, they were there over 20 years.
Aller: Did you receive complaints from your neighbors at all or anything like that?
Naomi Carlson: No. No. No.
Aller: And so nobody complained about the fact that there were storage of vehicles out?
Naomi Carlson: No, no. No. There’s a good reason for the complaints that have started now and it has
to do with this and I would ask you to take it with a grain of salt. This one from Gerry Story. This is not
my first, although I would just like to say if you’ll allow me to, that I harass them and countless
belligerent phone calls, I have no idea.
Aller: Ma’am, ma’am, I don’t even have to, I don’t even have to hear that.
Naomi Carlson: Okay, okay. That’s good.
Aller: We’re here about the businesses.
Naomi Carlson: If you’re not going to.
Aller: Not personalities.
Naomi Carlson: Read this and have it affect your decision then I’ll skip it, okay?
Aller: Okay.
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Chanhassen Planning Commission – September 18, 2012
Naomi Carlson: Okay. Most of the businesses have been rented, that have rented from me for 30 years,
they’ve all had trucks that they would usually leave there at night you know because they are contractors
in one way or another in that they don’t do business for free. They’ll sign a contract for somebody like
the woodworking to install cabinets in their homes or as the, one of the newest tenants downstairs, he’s
restoration contractor but he doesn’t have a yard there and he also is an artist and he will contract for
somebody to paint somebody a picture. None of them do it for free so they’re all contractors in one way
or another. I know that the City rezoned the property but I’m still on the tax roll as both of the properties
commercial industrial and I know that the City would like to have it single family residence but I can’t
afford to develop it. I do have like a 3 to 5 year plan because I don’t want to be a landlord the rest of my
life now and I had bought this for my retirement which could include selling it and which we tried to do
when I was in the hospital. I said to my daughter and her husband, please go and try to get the property
sold for me you know and, but the commercial realtors didn’t want to touch it. They said we have
properties of our own that we can’t sell. This was about 2 1/2 years ago.
Aller: Mrs. Carlson, we’re not looking at the plan. We’re looking at what the use of the property.
Naomi Carlson: Okay, you want me to focus, okay. Okay.
Aller: How it’s being used and how it’s impacting people.
Naomi Carlson: Okay. I think it’s impacting people mostly because there’s no screening. Now can I talk
about that? Is that?
Aller: Well is the use, is the use more or greater than intensified for the.
Naomi Carlson: No. No.
Aller: Or that causes the need for the screening?
Naomi Carlson: Well I would like to have it screened. I think it would, these 21, I’d liked to have been
there whenever they were going around getting this petition signed. None of these people, if I could
screen it the way that I want to and with Greenscapes help providing the labor with their strong, husky
employees, we could get our trees planted and I chose to do that instead of, I didn’t think I could go
through this myself and I wanted to get an attorney but instead I decided I would spend that same money
on getting some screening. Some trees, arborvitae or something. I don’t think any of these people would
have signed it if they could have driven by there because most of the people that I have ever talked to,
they say oh we like the building. It keeps the place, keeps this area rural so I had no idea what these
people were told. I mean yeah, the one guy across the street, Greg Bazany and his wife, Bazany. I
understand their, why they would sign it and I did talk to him and they have to look right at their
driveway is right at the entrance to, the entrance to the building. And with planning, whoever I have to
talk to with their permission I would like to change that just a little bit so that the, I could plant trees
where his driveway is and then it would just mean the cars going out, a few feet up.
Aller: Mrs. Carlson, it’s not about screening. It’s about the use and what kind of uses of the property.
Naomi Carlson: Well I thought you were talking about impacting the neighbors.
Aller: Well yeah but, and I understand that their screening but now we’re getting a little bit into
landscaping and other things. How long did you spend on the property? I know that you’re address is
different than the rental address.
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Chanhassen Planning Commission – September 18, 2012
Naomi Carlson: Well I go over there on a regular basis contrary to somebody else’s.
Aller: And what do you see on the property as far as you personally?
Naomi Carlson: I see, I see that I need to spend some money on it and I always have felt bad because I
couldn’t plant the trees. I haven’t been, or get the some of the glass replaced but that is first on my list.
Aller: And again we’re not talking about repair. We’re talking about the, do you see.
Naomi Carlson: Do you see?
Aller: Do you see trucks out there parked when you go?
Naomi Carlson: Well sometimes because.
Aller: Of the businesses there operating.
Naomi Carlson: They don’t operate at that business, or Greenscapes which is the business in question. I
have been out there several times while they were moving in and I go out there on a regular basis and I,
when I do go, I mean I know that it needs some fixing but the trucks they’re on the back side of the
building and Mr. Story’s house, never mind. Anyway, it’s not an intensification. They come and go in
the mornings. They come in the morning. Get their equipment. Put it on the trailer. Drive out and then
the only other main truck that’s there, we have, we’ve talked about it and we’ve relocated where they
leave it so that you can’t even see it and they want to be good neighbors and they don’t want to offend
any of the other residents.
Aller: And so this is from your discussions with the owner of Greenscapes?
Naomi Carlson: Yes, and one of them was hoping to be here tonight but I got a call at the last minute that
he couldn’t make it so I called the other, one of the other partners who lives closer and he had daddy duty
tonight so he couldn’t be here but I wanted them to be able to tell you in their own words that this is not
an intensification.
Aller: Is everything that you really want to say in the letter that you sent?
Naomi Carlson: Well I think so, yeah. Yeah, before I got, before I was feeling okay until Mr. Generous
handed me this thing.
Aller: Well I don’t want you to be nervous and I do want to hear everything you have to say but it sounds
like everything that you wanted to say is in the letter in our packet.
Naomi Carlson: It is. It is, yes.
Aller: Is there anything different or anything in addition that you wanted to say that is not in the letter?
Naomi Carlson: Well in, well yes. Greenscapes or whoever, whoever is renting in the back, and whoever
rents that property period, including me as the owner has the right to use that easement, that 14 foot
easement up on the hill of my property at any time that they choose irregardless of whether it’s an
easement to Mr. Story’s residence or whether it isn’t. They have a right to use it and so, and I have a right
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to use it which I do because it just makes turning around easier for me and the easement is on my property
and on my tax rolls and but that’s part of the I think their problem.
Aller: And I think that was in your letter as well.
Naomi Carlson: Yeah. Oh I don’t think the easement thing was. In my letter. It was probably in this
other one.
Aller: Okay, perfect. Anything else?
Naomi Carlson: Well I don’t think so.
Aller: Okay, thank you very much.
Undestad: I’ve got one question real quick. I’m sorry, yes. Just one quick question. Is Greenscapes the
only tenant you have in the building now?
Naomi Carlson: No. There are 1, 2, 3, 4 others.
Undestad: And what do they do?
Naomi Carlson: They have all of the, I just had a tenant move, he had a very small place and one of the
cars in the pictures was his but Greenscapes will take over that space too so they will have most of the
upper. Upper flooring. The upper loft forward after Lake Country Builders. Beyond that. They would
have all that except the very end one.
Undestad: Four other.
Naomi Carlson: There are 1, let’s see, 1, 2, 3, 4. Actually 5.
Undestad: Five plus Greenscapes.
Naomi Carlson: There’s always been that, yeah.
Undestad: And those other 5 businesses are what? What do they do?
Naomi Carlson: Well that should have been in your packet but I will tell you. K2 Electric is a
Chanhassen residence and, resident and he operates his electrical service from him home but he uses that
for storage so they come and go in the morning and evening too. Next to him is Bim Restoration. No
yard and he uses that mostly for his artwork. He too conducts his restoration business from his home and
he doesn’t have much there in the way of his contracting business. It’s mostly his art. Art place. And
then there’s Lake Country Builders. It’s warehouse type for them too. They’re in the front. Their offices
are in Excelsior and that’s warehouse for them. They come in the morning and come back at night. You
know get what they need and leave. And then there’s, besides Greenscapes way in the back there’s
Andrew Clark. Very nice young man who wants to get a woodworking business going that’s part time for
him. He has a full time job so, and Custom Charters. He rents space for, to store some of his stuff from
Custom Charters. So that’s, and I’ve had it for 30 years and like I say, in the next 3 to 5 years I have
plans for personal change and the problem is, as far as developing goes it’s, the neighbors to the north
pretty much all the way to Lilac Lane, they don’t, they don’t want to give up any of their property for
single family homes. They bought there because that’s what they wanted and I’m sorry that Mr. Story
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can’t develop his property the way he wants but I’m not really the reason that he can’t so. Any other
questions?
Undestad: No, thank you.
Aller: Okay. With that we’ll open the public hearing portion of the meeting with regard to the Bretton
Way request for an appeal of an administrative decision. Those individuals wishing please step forward
and state your name and address for the record.
Karon Story: Good evening ladies and gentlemen of the Planning Commission, Robert and Kate. We are
Karon and Gerald Story. We live at 6281 Teton Lane. We are the owners of the adjacent property next to
6411 Bretton Way. This shows the back of the building and I will call these doors 1, 2, 3. We have
owned our property for the last 21 1/2 years. During the last 21 years, if we had a dollar for every time
we heard the phrase grandfathered in we could rival Bill Gates. Recently when Greenscapes landscaping
company moved into one room in the back of the building they moved into room 3. They brought with
them 4 trucks, 2 commercial trailers, and numerous other vehicles including chemical trucks. This is the
chemical truck they bought and parked right by it. Gas apparatus. They’re storing gas in that room.
Different mowers. Different repairing things for their lawn mowing service. Chainsaws, wheel barrows
which indicated to us that it was much more than just mowing lawns. It’s doing landscaping. They took
down their website. They had a website up that said Greenscapes Landscaping Service and we went in
there and now it’s under construction. I don’t have that with me right now but they’ve changed it to lawn
service we assume for the portion of this meeting and they also.
Sarah Harvey: Here’s the main picture on their website shows a landscape design. It’s really hard to see
it but that’s the main picture on their website and that’s clearly a landscaping sign that they’ve done
that…
Karon Story: They took it down.
Aller: Just for the record ma’am, could you state your name and address.
Sarah Harvey: Oh sorry, Sarah Harvey.
Aller: And same address?
Sarah Harvey: Same address, yes.
Karon Story: So I want to get back to this. I just want to spend a few minutes telling you about this
building. The building has been 90% vacant for the last 20 years until the summer of 2011 when a man
named Andrew, and I didn’t know his last name. She just said his last name. Started coming to the back
upper part of the building that faces our home to Room 1. He started to remodel this room. When we
first asked him what he was doing there he told us he was going to live there. We told him, it’s not a
livable building. It has no bathroom. Cooking facility. All the building electrical and plumbing codes
are under code. It’s a hazard. We called the building and the electrical department and they told him he
would have to apply for a permit. At this point he changed his story and said he was going to have a
woodworking shop, which still was accelerated use of the building. He made an 8 by 10 room inside this
room. It’s right behind the door. It’s a room inside a room. He put a table saw and a pile of wood in this
outside room to stage it. And he put this room he put a computer in the room. In the year that he’s been
there he has not sawed one piece of wood or touched the wood pile. He comes in for hours on end
overnight to this 8 by 10 room and goes on the computer. We have no idea what he’s doing but we just
wanted to tell you what the tenants that she has in there. Room 2. A young man came and rented the
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room next to Andrew. We didn’t know his name. He said he was going to make pottery. He brought in a
kiln. However he chose to make pottery at 3:00 a.m. in the morning. He would leave at 4:00 a.m. Come
back and do it again. Whatever he was doing, we don’t know but he woke us up constantly. When the
Greenscapes Landscaping Company moved in all their vehicles and equipment and blocked the road,
which they have several vehicles. I mean they came in with all these vehicles. You have some of the
pictures. Even the pottery guy left because he couldn’t take all that traffic so he moved out. When the
landscaping company came and took over the property and I went outside and I told them they couldn’t
park all those vehicles all over. It was a hazard. The one man made an obscene gesture at me and
shouted, we’re grandfathered in and we can do whatever we want. The truth is Naomi Carlson is an
absentee land lady that doesn’t care about the surrounding homes in the neighborhood. She has totally
neglected all the up keep in the building, disobeying city ordinances.
Aller: Ma’am. Ms. Story. I’m going to say the same thing I did to her.
Karon Story: Okay. I just wanted to.
Aller: Let’s stick to the discussion of the uses themselves and what you’ve seen and I would like to know
did you take the pictures?
Karon Story: Yes. All of them from my home.
Aller: And can you tell us the dates, about the time those pictures were taken.
Karon Story: Okay. This was taken.
Gerald Story: This one was taken before we came here.
Karon Story: Yeah, this is what they’ve got parked today. They did take, although that’s painted on.
They did take their signs off their trucks to not make us think that weren’t all.
Gerald Story: The magnetic signs.
Karon Story: Yeah, that they weren’t all landscaping but. All the rest were taken in the last couple
weeks. Yeah, okay. I just wanted to say one thing about today. I do have to show this picture. We took
this this morning at 7:30. They’ve been getting their vehicles closer to the building to be less obtrusive I
guess but here this truck was parked this morning right by the gas meter. If somebody got in there
carelessly and didn’t watch, look how close he is to that gas meter and what he could have done. That’s a
hazard. There was a gas leak from this very gas apparatus and at our house about 2 years ago. We called
the gas company and we paid to update the pipe to be put into our adjoining properties because the gas
line runs right down our road easement into Mrs. Carlson’s property and into our property and I believe
into Robert Rabe’s property up on the hill so, you can put that picture back on the property so I can
explain. We do want to make one more statement about the absentee landlord and that she doesn’t realize
what’s going on. She’s made very few visits to the property. She doesn’t know what we’re going
through and the neighbors. Just to give you an example of this, there was water out in the street from
December, where was it? December, 2010 to March, 2011. We noticed water running on the street when
there wasn’t any snow runoff. We spoke to the adjacent neighbor on the east side, which is.
Aller: Mrs. Story, did it have something to do with the use on the building?
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Chanhassen Planning Commission – September 18, 2012
Karon Story: Well I’m just saying she wasn’t there for 3 months to see the water running out and when
we called her she took a week to come out so she’s saying she comes to the building, she doesn’t. She
doesn’t live there. She doesn’t come there.
Aller: Okay. If I could just redirect you to the types of equipment that you see.
Karon Story: Okay. Wrap it up.
Aller: Well I don’t necessarily need you to wrap up. I want you to be heard but what I need you to
address is the intensification of the use of the property.
Karon Story: Okay, go ahead. Our daughter will tell you.
Sarah Harvey: I am Sarah Harvey. I’d just like to say that the reason that we believe that this is an
intensification of the use of the property is because my parents have owned this property for over 21 years
and there has never been this type of activity and parking of vehicles and a contractor yard used outside of
the building. There have been people that have rented. They’ve driven up the driveway very rarely in the
back of the building, mostly in the front of the building but we had taken several aerial shots, you know
over the years we’ve looked at the aerial views. You’ll notice there’s very few cars in the front of the
building. Most of the time that my parents have owned this property I have lived out there. There’s been
very few spaces rented. I can’t recall a time that I’ve known of that the building has been full so we
believe this is an intensification of the use of the property. The other impacts that this has to the
neighbors is there are children, as you can see. If you zoom down on this picture this is a completely
residential neighborhood. There’s a cul-de-sac there where there’s quite frequently children playing in
the cul-de-sac in the street and the other impact that this has on the neighborhood is there are trucks.
Additional trucks with trailers coming and going out of the neighborhood where there are children
playing so that would have an impact on the neighborhood.
Karon Story: Waiting for the bus.
Sarah Harvey: And waiting for the bus, exactly. Especially at the time of day where they would be
coming and going.
Karon Story: This would show the empty building too. This is 2010. This is the cul-de-sac. You notice
there is just one vehicle down here and a storage thing for the electrical. This is all empty. This has
always been empty for 20 years.
Sarah Harvey: So I believe what Karon was trying to say with the story about the water is that you had
asked Naomi a question. Ms. Carlson a question if she is at the property and there have been times when
there has been something that’s gone wrong with the property and gone on for a long period of time and
she has not come out to the property so she, as far as my parents know from you know looking out their
window, does not come out to the property very frequently.
Aller: Thank you.
Sarah Harvey: Thank you.
Gerry Story: Yeah, I’m Gerry Story. In the last 6 years I’ve been working on our property. Our house is
right to the north of Naomi’s building. Right there. Over to the west is a house on her property. Yeah,
right there. That’s a house. She rents that out to a young man. I have never talked to him. There’s also
some garage under that house and she also rents that to the landscape company and they store their
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mowers in there and they repair their mowers on there and according to the documentation they cannot
extend the commercial building into the house building and they’ve also done that too and I don’t know if
you guys were aware of that or not but that’s also done but the last 6 years I’ve been working, adding onto
our house. We moved in last year but I’ve been there every day. Every day for 6 years. Maybe I miss a
few Sundays here and there but I’ve been there every day. No one has rented the back of the building for
those 6 years until last year when Andrew came and started to remodel it. No one’s been in that building
basically for 21 years, no one’s rented that building. Her daughter did live there for a couple months for a
while and she wasn’t running a business. She actually lived there and that’s against the use also from
what I understand. The landscape business is intensification. If no one’s ever been there, if anyone
comes it’s an intensification because basically no one’s really ever been to that building so I’m in total
agreement with the City to deny her the use and make the landscape company leave. Yeah. Appreciate
your time. Thank you very much.
Aller: Thank you. Anybody else wants to come forward for or against.
Chris May: Hi, I’m Chris May. I own the property at 6400 Teton Avenue. It’s the lower left hand corner
on the corner of Bretton and Teton. I’ve owned the property for about 3 years now and when I moved in
there I originally thought maybe the property was vacant, maybe waiting for the market to rebound for a
potential sale. Occasionally you’d see a couple pick up trucks like you’ve seen where it kind of zooms in
the lower hand corner there but my concern is that we not allow her to have that business in there.
Basically over the summer what you start to see now is just more and more trailers and trucks. They do
come in the morning and leave at night but what happens is, right in the corner of Bretton and Teton
there’s also a bus stop with close to 10 to 15 kids all the way up and down the street. Everything, it’s
kind of a unique area too where it’s just, it’s all residential homes, the whole area and we have just a
small little commercial area here and my concern is with all the children at the corner of the bus stops and
with the works showing up at the same time, they have kind of a like a coffee and cigarette pow wow and
they’re no more than 50 yards away from the corner in the morning so the kids are you know seeing this.
This action. There’s a lot of activity in the mornings with the trucks and the people showing up, and my
fear too is if we do allow this or this landscape company come in, what’s to stop her from allowing other
landscape companies, and it’s just going to become more and more active. I mean there are kids are
riding their bikes back and forth and trailers and trucks. Do we get into Bobcats and large equipment at
some point too so I just, I feel more for the future I don’t want to have it turn into something that it’s not
designed for. I mean the way that, you know the woodworkers use it right now and stuff too, it’s all
confined within the building and it’s almost, I feel bad for the storage because it’s almost like they’re
hiding all the equipment behind the building, not to make it so visible to the whole neighborhood and stay
under the radar. So it’s just my opinion that we deny her request to allow the landscape company to stay
and try to keep the resale value of the neighborhood in a positive direction and that’s all I have to say.
Aller: Okay, thank you. Anyone else wish to come forward. State your name and address for the record.
John Kunitz: John Kunitz. I live at 6441 Bretton Way.
Aller: Welcome Mr. Kunitz.
John Kunitz: Just one house down in the circle there but anyway, next to those. On the other side. Go
down. No, that side of the, right there. Right about there. Okay. I actually would have to say that
because they keep the trucks and trailers, etc in the back we don’t see them that much from whereas the
Story’s would, we don’t but my concern and the reason I signed the petition was that if there was an
intensification of use of that land it’s the same as the gentleman that previously spoke. That that cul-de-
sac there is kind of a gathering place for the children. There’s usually a basketball hoop up there and all
kinds of things going on of that nature and if there were more trucks, trailers etc then there are now
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Chanhassen Planning Commission – September 18, 2012
coming through there because of the number of children that live on the block, and I have to admit that
mine have now gone off to college but many people have just moved into this area with small children.
The people that live across the street from us there have 3 small children and that’s a concern I guess.
The fact that if there was an intensification. I’m not overly concerned with where it is now but they, I do
see them gather because I leave in the morning about 7:30 and I do see them gathering in the front
parking lot with the radio on and stuff and the guys getting together and it’s, if there gets to be more of
that and with the children in the neighborhood, that’s my concern.
Aller: Thank you very much. Any additional comments? Yes sir. Please state your name and address
for the record.
Daniel Feller: I’m Daniel Feller. I live at 6430 Bretton Way so it’s right across the street from the barn
and I pretty much can reiterate what the other two gentlemen before me said. I have the 3 children who
play in the cul-de-sac. I walk them up to the bus stop every morning and I can tell you these guys show
up. They fly around the corner where there’s 10 kids every morning at the bus stop and then they stand in
front of their building, drinking coffee, smoking and swearing and then at 8:00 when we usually bring our
2 younger kids who aren’t in school, we let them play in the front yard, especially in the summer before it
got too hot and then they have all this lawn equipment out there as they’re revving it up. Getting it on the
trucks. It’s just constant noise so we can’t even enjoy our front yard anymore. In addition to that if you
know any time you drive by there, there is always the electric truck. There is always a storage truck and
there’s always the custom home truck sitting there that never leaves. They’re there right now. They don’t
leave at night. They don’t leave in the day. I’m not really sure what they do there. They’ve been there
for years so that’s just kind of like the whole, the whole situation with this property. I moved in in ’99
with my wife and I do remember the previous person who was working there was the old, he restored old
motorcycles and everything was inside the building and you, I mean you couldn’t tell. I mean it was you
know a really nice situation but everything now starts coming out of the building. Even stuff being stored
outside the building so it just seems like it’s become worst as the years go by. That’s all.
Aller: Thank you sir. Anyone else? Seeing no one come forward, I’ll close the public hearing.
Discussion.
Undestad: I think the answers came out who your tenants are right now. You know the five tenants. It
sounds like they’re all satellite warehouse people just storing stuff there. They might pop in. They might
not pop in but definitely not the activity that’s caused by multiple employees. Multiple trucks. Traffic.
Motors. I mean it’s just, yeah I see this as definitely intensifying the use and compared to you know a 1
or 2 man carpenter shop or any of the 5 businesses that are in there besides Greenscapes right now.
Colopoulos: Yeah I think staff’s report says it all in this paragraph on page 5. 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. I think that, and staff properly has determined that Greenscapes Landscape
is classified as a contractor’s yard and is an intensification of the non-conforming use of the property.
I’ve seen nothing here presented tonight that would lead me to reach any other conclusion.
Hokkanen: I agree.
Aller: I’m also hearing the items that are stored and serviced there would definitely meet the contractor’s
yard definition and so that business I think would fall into that arena.
Colopoulos: The safety issues raised also are concerning as well.
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Chanhassen Planning Commission – September 18, 2012
Aller: And the absence of complaints in the years prior and then the intensification of bringing on the
present complaints and concerns of the neighborhood so.
Nelson: I would agree.
Aller: I would think that the facts that were brought forward substantially and sufficiently meet the
burden. So if I have a motion?
Hokkanen: I’ll propose a 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 a non-conforming use of the property and must vacate the property.
Nelson: I will second that.
Aller: Having a motion and a second. Any discussion?
Hokkanen moved, Nelson seconded that 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 a non-conforming use of the property at 6411 Bretton Way and
must vacate the property. All voted in favor and the motion carried unanimously with a vote of 6
to 0.
Aanenson: Point of clarification again Chairman. This can be appealed to the City Council.
Aller: Yes it can so.
Generous: Written.
Aanenson: It needs a written appeal.
Aller: It may be appealed, a written appeal and it will be heard by the City Council.
Aanenson: Correct.
APPROVAL OF MINUTES:Commissioner Hokkanen noted the verbatim and summary Minutes
of the Planning Commission meeting dated September 4, 2012 as presented.
COMMISSION PRESENTATIONS.
None.
CITY COUNCIL ACTION UPDATE.
th
Aanenson: Thank you Mr. Chair. At the September 10 City Council meeting they did approve our last
group of PUD’s but for Sunny Slope. Someone from that neighborhood wanted some additional
information so that’s the one we have out there hanging yet. We did do a comp plan amendment and a
functional re-classification. We’re out for jurisdictional review. We’ve got some approvals back on that.
The metes and bounds was tabled. That should be going at next Monday’s City Council meeting and the
City Council also approved the Canine Club so, that should be on it’s way so get some commercial
expansion. And then can we just talk about future business then?
Aller: Future business.
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