CC Staff Report 10-22-2012 MEMORANDUM
TO: Todd Gerhardt, City Manager 0 1
CITY OF FROM: Bob Generous, Senior Planner
CHANIIASSEN DATE: October 22, 2012
7700 Market Boulevard
PO Box 147 SUBJ: 6411 Bretton Way
Chanhassen, MN 55317
Administration PROPOSED MOTION
Phone: 952.227.1100
Fax: 952.227.1110 "The Chanhassen City Council affirms the Board of Appeals and Adjustments
determination that Greenscapes Lawncare is an intensification of the
Building Inspections nonconforming use and must vacate the property at 6411 Bretton Way."
Phone: 952.227.1180
Fax: 952.227.1190
And,
Engineering
Phone: 952.227.1160 "The Chanhassen City Council approves the change in nonconforming uses at
Fax: 952.227.1170 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders,
Custom Charters and Bemm Restoration to replace the former nonconforming
Finance „
Phone: 952.227.1140 uses.
Fax: 952.227.1110
Or,
Park & Recreation
Phone: 952.227.1120 "The Chanhassen City Council has determined that K2 Electrical Services, Lake
Fax: 952.227.1110 Country Builders, Custom Charters and Bemm Restoration are uses not in the
Recreation Center public interest and must vacate the property at 6411 Bretton Way."
2310 Coulter Boulevard
Phone: 952.2271400 And adoption of the attached Findings of Fact and Decision.
Fax: 952.227.1404
City Council approval requires a majority vote of City Council present.
Planning &
Natural Resources
Phone: 952.227.1130 EXECUTIVE SUMMARY
Fax: 952.227.1110
This issue arose when Greenscapes Lawncare was leased space at the property for
Public Works their business. Staff visited the site and advised Mrs. Carlson that the use was not
7901 Park Place permitted and must vacate the property. Mrs. Carlson appealed this decision to the
Phone: 952.227.1300 Board of Appeals and Adjustment. As part of the review, Mrs. Carlson provided a
Fax: 952.227.1310 list of tenants for the building. Because these uses were different from those the City
Senior Center had documented in 1995, Mrs. Carlson was also advised that City Council would
Phone: 952.2271125 have to approve the uses.
Fax: 952.227.1110
Naomi Carlson is appealing staff's determination and the Board of Appeals and
Web Site Adjustment's decision that Greenscapes Lawncare is an intensification of the
www.ci.chanhassen.mn.us nonconforming use of the property. Additionally, she is requesting that City Council
determine that the changes in the uses of her property, while nonconforming, are less
intensive uses and may replace the previous nonconforming uses.
Chanhassen is a Community for Life - Providing forTodayand Planning for Tomorrow
Todd Gerhardt
6411 Bretton Way — Planning Case 2012 -13
October 22, 2012
Page 2 of 4
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on September 18, 2012 to review an administrative
decision of staff that Greenscapes Lawncare was an intensification of the use of the property and
must vacate the site. The Planning Commission affirmed staff's determination by a unanimous vote
of 6 to 0. The Planning Commission minutes of September 18, 2012 are attached.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 4, Nonconfroming Uses
Chapter 20, Article XII, "RSF" Single - Family Residential District
DISCUSSION
Based on inspection of the building in 1995, the City has the list of users of the building: Ramsey
Woodworking (woodworking shop), Precision Finishing (small part painting), Roger Mcleare
(rebuilding motorcycles). These are the presumptive nonconforming uses of the property.
Based on information provided by Mrs. Carlson, the following is a list of the current tenants:
Lessee Lease Date Business (use)
K2 Electrical Services June, 2002 Electrical contractor (warehouse)
Lake Country Builders October, 2005 Building contractor (warehouse)
Custom Charters November, 2005 Boat charter (storage)
Bemm Restoration May, 2011 Custom home restoration (Artist workshop)
Andrew Clark August, 2011 Custom woodworking (woodworking)
Greenscapes Lawncare August, 2012 Lawncare service (contractor's yard,
seasonal)
It appears that the only continuing nonconforming use within the building is the woodworking shop.
All the other uses are changes in uses that must be approved by City Council.
The intent of the nonconforming use ordinance is to encourage the elimination of nonconforming
uses, lots and structures or reduce their impact on adjacent properties. What the city looks at in
determining the intensity of a use includes the amount of traffic generated by a use, the number of
employees that are at a business and the equipment and material that are used by the business. Due
to the residential character of the area and the number of school -age children in the neighborhood,
the amount of traffic generated by the business is of high importance. Artist studios, storage or
warehouse uses appear to be less intensive uses than either the painting establishment or the
motorcycle repair business.
Todd Gerhardt
6411 Bretton Way Planning — Plannin Case 2012 -13
October 22, 2012
Page 3 of 4
While this situation is not the same as a home occupation, which is a permitted accessory use within
the zoning district, home occupation requirements provide us with direction in determining what
appropriate business uses within residential districts are. These regulations are as follows:
• The home occupation shall be conducted entirely within a fully enclosed building.
• The hours of operation of any home occupation shall be limited to between 8:00 a.m. and
8:00 p.m.
• No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts
single phase shall be used in the conduct of a home occupation.
• No traffic shall be generated by any home occupation in greater volume than would normally
be expected in a residential neighborhood, and no home occupation involving the need for
more than three parking spaces for the occupants and visitors shall be permitted.
• No commodities, merchandise or supplies shall be sold or offered for sale upon or from the
premises, whether at retail or wholesale.
• Only one nonresident of the dwelling unit may be employed upon the premises of a home
occupation.
• Exterior parking of trailers, steer skid loaders, landscaping equipment, cement mixers, and
other similar types of equipment used in conjunction with the home occupation is prohibited.
Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial
vehicles in excess of 9,000 pounds gross weight shall be used in connection with the home
occupation or parked on the property.
Pursuant to City Code section 20 -72 (e), "If approved by the city council a nonconforming land
use may be changed to another nonconforming land use of less intensity if it is in the public
interest ". However, City Council is not required to continue to allow uses that are not permitted
in the zoning district. Since there are no machining, manufacturing, or contracting business uses,
with the exception of the woodworking business, such uses would not be continuing
nonconforming uses of the property, unless they were approved in the future by City Council.
RECOMMENDATION
Staff requests that City Council make a determination of the nonconforming uses of the property
located at 6411 Bretton Way.
If City Council decides that these uses may replace the previous uses of the site, such approval
should be subject to the following conditions:
1. An annual report of the tenants in the building shall be provided in January of each year.
Todd Gerhardt
6411 Bretton Way — Planning Case 2012 -13
October 22, 2012
Page 4 of 4
2. The City shall be notified when a tenant vacates the building.
3. The city shall be notified of new lessees if they are similar uses as those approved (artist
studio, indoor warehouse or storage and woodworking shops).
4. Any other use must be submitted to City Council for approval of changes in use.
ATTACHMENTS
1. Findings of Fact and Decision (Denial).
2. Findings of Fact and Decision (Approval).
3. Email from N R Carlson to Bob Generous dated October 11, 2012.
4. Petition Dated September 17, 2012 re Planning Case No. 2012 -13.
5. Letter from Gerald and Karon Story to Planning Commission dated 9/17/12.
6. Planning Commission Minutes dated September 18, 2012.
7. Planning Commission Staff Report dated September 18, 2012.
g: \plan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \cc memo.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIAL)
IN RE:
Application of Naomi Carlson for determination of nonconforming uses on property located at
6411 Bretton Way which is zoned Single - Family Residential District, RSF — Planning Case
#2012 -13.
On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to
consider the application. The City Council conducted a hearing on the proposed request. The
City Council makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single - Family Residential District, RSF.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
Uses.
3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms
2' Addition.
4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single -
Family Residential District.
5. The Greenscapes Lawncare business is classified as a contractor's yard as defined in the
Chanhassen City Code.
6. A contracting yard would increase the intensity of the use of the property because 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.
7. The planning report #2012 -13 dated September 18, 2012, prepared by Bob Generous, is
incorporated herein.
5. The city council report #2012 -13, dated October 22, 2012, prepared by Bob Generous is
incorporated herein.
1
DECISION
The Chanhassen City Council determines that Greenscape Lawncare is an intensification
of the use of the property and is therefore not in the best interest of the community to permit to
occupy the premises and therefore must vacate the property.
ADOPTED by the Chanhassen City Council this 22 day of October, 2012.
CITY OF CHANHASSEN
BY:
Mayor
g: \plan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \findings of fact and decision.doc
2
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Naomi Carlson for determination of nonconforming uses on property located at
6411 Bretton Way which is zoned Single - Family Residential District, RSF — Planning Case
#2012 -13.
On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to
consider the application. The City Council conducted a hearing on the proposed request. The
City Council makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single - Family Residential District, RSF.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
Uses.
3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms
2nd Addition.
4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single -
Family Residential District.
5. Artist studio and indoor warehouse or storage are less intensive uses of the nonconforming
commercial uses of the property since they do not include machining, manufacturing, or
contracting yard operations.
6. Continued occupation and use of the building will permit the site to be maintained, stabilize
the tax base and permit limited use commercial businesses to operate in the community.
7. The planning report #2012 -13 dated September 18, 2012, prepared by Bob Generous, is
incorporated herein.
5. The city council report #2012 -13, dated October 22, 2012, prepared by Bob Generous is
incorporated herein.
1
DECISION
The Chanhassen City Council determines that Artist studio and indoor warehouse or
storage is not an intensification of the use of the property and is therefore in the best interest of
the community to permit to occupy the premises.
ADOPTED by the Chanhassen City Council this 22 day of October, 2012.
CITY OF CHANHASSEN
BY:
Mayor
g: \plan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \findings of fact and decision approve.doc
2
Generous, Bob
From: N R CARLSON [naomicarlson @msn.com]
Sent: Thursday, October 11, 2012 5:33 PM
To: Generous, Bob
Subject: RE: Appeal to City Council
To Bob Generous and the Chanhassen City Council:
I am requesting approval of these current tenants at 6411 Bretton Way:
K2 Electric (leased 2002), a local electrical company who uses the space for indoor storage Monday through Friday. His
use is of lesser intensity than the former tenant, Precision Finishing, who had customers and delivery services coming
throughout the day. Current use is limited to one employee picking up supplies for offsite jobs.
Lake Country Builders (leased 2005), a local builder also using their space for storing supplies, picking them up in the
morning Monday through Friday, returning at the end of the workday to unload if necessary. Their use is of considerable
lesser intensity than Ramsay Woodworking, which had 2 to 5 workers there each day, all day, also with pick up and
delivery services.
Custom Charters (leased 2005) uses space for off - season indoor storage, and is only there occasionally.
Bemm Restoration (leased 2011), uses the space as an artist's workshop. This use is also considerably Tess intense that
when Roger McClearen restored motorcycles there. Mr. Bemm works offsite during the day and uses space occasionally.
Andrew Clark (leased 2011) uses his space part-time for custom woodworking. His use of the space is about the same
intensity as Vacuum Fluids, Inc, a tenant from 1995 to 2003, replaced by Equity Construction, a one - person business
making small neon signs.
I was unaware that I needed the approval of City Council to re -rent spaces when they became available. To me, it is
unreasonable to expect that one business would replace another exactly. If only one business occupied the entire
building, then another similar business would be more likely; however, since spaces are rented separately it would be
very difficult to find an identical business to fill a vacancy.
I apologize that I failed to seek the necessary approval.
Naomi Carlson
naomicarlson @msn.com
Subject: FW: Appeal to City Council
Date: Mon, 1 Oct 2012 20:17:15
Naomi:
Not only are you appealing the decision about the intensification of use, but you must also request that the new uses be
approved by City Council.
I assume that since you did not get anything in for the request to replace the nonconforming uses with other
nonconforming uses by last Friday September 28, 2012, you intend to request that all the uses be reviewed at one time.
The next agenda I can put you on is October 22, 2012 agenda. I will need any supporting documents that you want to
submit by Oct. 10, 2012. Otherwise, we will have to present the request to City Council with the information we have.
1
If you have any questions or need additional information, please contact me.
Bob
From: Generous, Bob
Sent: Friday, September 21, 2012 4:14 PM
To: 'N R CARLSON'
Cc: Aanenson, Kate
Subject: RE: Appeal to City Council
Naomi:
As we discussed previously, you also need to request the replacement of nonconforming uses with other nonconforming
uses.
Our records from 1995 show the following uses:
Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of lower level), Roger
Mclearen, rebuilds motorcycles (west 90' of lower level).
City code (section 20 -72 (e)) states:
(e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a
nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public
interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses.
Based on the list of tenants you provided, only one of the uses, the woodworking shop, appears to be a continuation of
a previous use. All the rest would need to be approved by City Council as outlined in section 20 -72 (e).
Lessee Business
K2 Electrical Services Electrical contractor (warehouse)
Lake Country Builders Building contractor (warehouse)
Custom Charters Boat charter (storage)
Bemm Restoration Artist workshop and custom home restoration;
Andrew Clark Custom woodworking
Greenscapes Lawncare Lawncare service (seasonal)
In all instances, you need to provide "proof regarding the relative intensities of uses" . You need to submit all your
documentation or narratives by Friday, September 28, 2012, so that it can be included in the packet to City Council for
the October 8, 2012 agenda. If you would like additional time to prepare your material for City Council review, please
contact myself or Kate Aanenson, kaanensonPci.chanhassen.mn.us , to schedule a date for City Council review.
I will be out of the office the week of September 24 — 28.
Bob
From: N R CARLSON [mailto:naomicarlson@ msn.com]
Sent: Thursday, September 20, 2012 7:19 PM
To: Generous, Bob
Subject: Appeal to City Council
Bob,
2
Please consider this my application to appeal the decision of the Planning Commission.
Thanks,
Naomi
3
•
September 17, 2012
Attn: City of Chanhassen Planning Commission
Re: Planning Case No. 2012 -13 (6411 Bretton Way)
We, the residents of Curry Farms, who live near 6411 Bretton Way, respectfully request
that the City of Chanhassen Planning Commission uphold the decision of the city's staff
that Greenscape LawnCare's use of the property at 6411 Bretton Way is an
intensification of the non-conforming use of the property and that Greenscape must
vacate the property immediately.
In addition, we request that the property and buildings at 6411 Bretton Way be inspected
as there are multiple code violations occurring at the property and in the buildings. The
disrepair and structural integrity of the buildings on the property could pose a threat to
public safety and may fall under the definition of Hazardous building or hazardous
property as defined in Minnesota Statute 463.15 and the definition of a nuisance in
Section 13, Article I of the Chanhassen City Code.
Name(s) Address
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SCANNED
Gerald and Karon Story
6281 Teton Lane
Chanhassen, MN 55357
September 17, 2012
Attn: Planning Commission
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55357
Re: Planning Case No. 2012 -13 (6411 Bretton Way)
Dear Planning Commission:
We are submitting this letter for inclusion in the September 18, 2012 Planning
Commission meeting agenda regarding the appeal for the property located at 6411
Bretton Way. We are the adjacent property owners and have owned the property at 6281
Teton Lane for over 21 years.
We agree with the city of Chanhassen Staff's determination that the landscape business,
Greenscapes Lawncare, is an intensification of the non - conforming use of the property
and respectfully request that the Planning Commission uphold the Staff's determination.
In the attached letter to the city dated September 7, 2012, Ms. Carlson states "I firmly
maintain that Greenscapes Lawncare is not an intensification of the use of this
grandfathered -in property for the following reasons" and gives six reasons, none of which
are valid points in this case.
Point 1 is an invalid argument because Greenscapes LawnCare does fall under the
definition of a Contractor 's Yard, which means any area or use of land where vehicles,
equipment, and/or construction materials and supplies commonly used by the building,
excavation, roadway construction, landscaping and similar contractors are stored and
serviced. Greenscapes LawnCare offers landscaping services, whether it is by customer
request or not, it would therefore fall under landscaping. Greenscapes could also fall
under and similar contractors.
Point 2 is also an invalid argument based on the definition. Ms. Carlson makes an
assumption about the types of items that are "normally found in a contractor's yard" but
she has no expertise on which to make this assumption. The equipment that has been
stored at 6411 Bretton Way includes trucks, including a pickup truck with a dump trailer
and a chemical spray truck, landscape equipment trailers, and lawn maintenance
SCANNED
equipment, which would fall under equipment used by landscaping and similar
contractors.
Point 3, 4, and 5 are not entirely accurate. As homeowners living at the adjacent property,
we are able to see the traffic and activities at the building as it is right outside the window
of our main living area. Ms. Carlson is not on the premises of 6411 Bretton Way on a
regular basis and is therefore not in a position to make these statements or know exactly
what is occurring at her property all the time. Greenscapes LawnCare is the first tenant on
the property to regularly use the driveway behind the building and also the first to store
equipment on the back driveway and on the steep backyard of the building, making their
use an intensification of the non - conforming use of the property. In addition, multiple
aerial views of the property taken at different time periods before she rented to
Greenscapes show no or very few cars parked at the building. Traffic coming to and from
the building and vehicles parked at the building are at the highest level we have seen in
21 years.
Point 6 is not valid to the determination of whether the use of the property by
Greenscapes LawnCare is an intensification of the non - conforming use of the property
because storing of equipment on the property, even without the added traffic, would still
be an intensification of the non - conforming use of the property.
Ms. Carlson goes on in her letter to personally attack us with false statements and accuse
us of "harassing some of my tenants for months" which is simply a lie. We were not the
first or only neighbors to complain about the ordinances being broken at 6411 Bretton
Way, nor have we ever harassed anyone. We have however, been on the receiving end of
harassment and countless belligerent phone calls from Ms. Carlson and heard on multiple
occasions that we have no rights as property owners to complain about anything she does
because her property is "grandfathered in" and she has "friends at the city."
Over the 21 years we have owned our property, Ms. Carlson been arrogant and hostile
towards us and seems to believe that she is above the law and that grandfathered in means
she can do anything she wants with her property. She thinks she does not need to comply
with city ordinances as the rest of us do, which she makes clear by the last statement in
her letter "I have the right to allow my property to be occupied by Greenscapes."
What we have done as property owners is take pictures of the activities at the building to
provide proof to the city of the activities occurring there. Exercising our right to complain
about an adjacent property owner breaking city ordinances is not "harassing."
In addition to Greenscapes LawnCare using the back driveway and yard of the building,
they attempted to use the driveway to our residence which is an ingress /egress easement
for the sole purpose of accessing our property. Greenscapes LawnCare attempted to drive
down our driveway and proceed to drive down the steep yard to Ms. Carlson's building.
The grade of the yard is approximately 30% and it is not safe for driving, nor is it a
driveway of any sort.
We have maintained and cared for the driveway to our property for over 21 years and
there is simply no reason for any tenant in Ms. Carlson's building to ever use our
driveway for access to the building when there is a driveway in the front and back of the
building.
We respectfully request that you uphold the staffs decision that Greenscape's use of the
property at 6411 Bretton Way is an intensification of the non - conforming use of the
property and that Greenscape and any other nonconforming tennants be asked again to
vacate immediately.
In addition, we request that the property at 6411 Bretton Way be inspected as there are
multiple code violations occurring at the property. The disrepair and structural integrity
of the buildings on the property located at 6411 Bretton Way could pose a threat to the
safety of the residents surrounding the property and may fall under the definition of
Hazardous building or hazardous property as defined in Minnesota Statute 463.15 and
the definition of a nuisance in Section 13, Article I of the Chanhassen City Code.
Sincerely,
Gerald & Karon Story
Carver County MN
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"4104
Chanhassen 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.
Alter: 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.
Alter: Correct.
Aanenson: And that would, could go forward on October 8` We just need to get it in writing the appeal.
Alley: 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
WAY (TRACT C, RLS 105 AND OUTLOTS C & D, CURRY FARMS 2 ADDITION).
APPLICANT/ OWNER NAOMI CARLSON, PLANNING CASE 2012 -13.
Alter: We're going to have the planning staff will make it's presentation ma'am.
Naomi Carlson: Oh, okay.
Alter: Then you will make your presentation. Have your opportunity. Then we'll have a public hearing.
Naomi Carlson: Thank you.
Alter: You bet.
Generous: Thank you Chairman Alter 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
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
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
23
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 pp Y tY p g Y were
in the applicant's submitted disc for us but these are the two that showed the outside storage of
24
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
25
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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Chanhassen Planning Commission — September 18, 2012
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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Chanhassen Planning Commission — September 18, 2012
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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Chanhassen Planning Commission — September 18, 2012
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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Chanhassen Planning Commission — September 18, 2012
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.
Alter: 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.
Alter: 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.
Alter: 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.
Alter: I would think that the facts that were brought forward substantially and sufficiently meet the
burden. So if 1 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.
Alter: 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.
Alter: Yes it can so.
Generous: Written.
Aanenson: It needs a written appeal.
Alter: 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.
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?
Alter: Future business.
35
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CITY OF
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PO Box 147
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Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Bob Generous, Senior Planner
DATE: September 18, 2012
SUBJ: Appeal Administrative Decision
o�-
PROPOSED MOTION:
"The Chanhassen Planning Commission as the Board of Appeals and Adjustments
affirms staff's determination that the landscape business, Greenscapes Lawncare,
is an intensification of the non - conforming use of the property and must vacate the
property."
QITI%AN4AVV
The purpose of this hearing is to review an appeal of staff's decision that Greenscapes
Lawncare's occupation of the building located at 6411 Bretton Way (Tract C, RLS
105) is an intensification of a non - conforming use of the property zoned Single
Family Residential (RSF) and is not permitted on the property. The applicant/owner
of the property, Naomi Carlson, contends that they are a continuation of the other
uses of the property in the "machining, manufacturing, or contracting business" of
one nature or another, and are not an intensification of the use. Any uses other than
those in place in 1987 and 1995 have no nonconforming status.
J 71 1
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LOCATIONS
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Appeal Administrative Decision
September 28, 2012
Page 2 of 5
BACKGROUND
August 17, 2012 — Naomi Carlson was notified that the Greenscape Lawncare is considered a
contractor's yard and an illegal intensification of the use of the building at 6411 Bretton Court.
Contractor's yards are not allowed within the Single Family Residential (RSF) District.
August 2009 — Naomi Carlson asks the city about replacing uses with a pediatric physical
therapy clinic. She was advised that she needs to verify that the non - conforming uses have been
there over the last 12 months. She would need to submit a request to City Council to approve a
replacement of a non - conforming use with another non - conforming use.
September 2001 — Naomi Carlson contacts the city about the potential conversion of a portion of
the building to a single - family home. She was advised that she would be able to convert a
portion of the existing building to a single - family residence. The resulting residence would need
to comply with all requirements of the zoning code for single - family homes and building code
requirements. The conversion of a portion of the building would lessen the nonconformity of the
use.
1995 — Steve Kirchner, former building official, inspected structure: contained Ramsey
Woodworking (west 120' of upper level), Precision Finishing, small part painting (east 25' of
lower level), Roger Mclearen, rebuilds motorcycles (west 90' of lower level).
1987 — Building contains two woodworking businesses, Precision Finishes and motorcycle repair
business.
1986 — Property zoned Single Family Residential (RSF).
APPLICABLE REGULATIONS
Contractor's yard means any area or use of land where vehicles, equipment, and /or construction
materials and supplies commonly used by building, excavation, roadway construction,
landscaping and similar contractors are stored or serviced. A contractor's yard includes both
areas of outdoor storage and areas confined within a completely enclosed building used in
conjunction with a contractor's business. (Section 1 -2).
Section 20 -72. Nonconforming uses and structures.
(a) Any nonconformity, including the lawful use or occupation of land or premises existing at
the time of the adoption of an additional control under this chapter, may be continued,
including through repair, replacement, restoration, maintenance or improvement, but not
including expansion, unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year;
or
Todd Gerhardt
Appeal Administrative Decision
September 28, 2012
Page 3 of 5
(2) Any nonconforming use is destroyed by fire or other peril to the extent of greater
than 50 percent of its market value, and no building permit has been applied for
within 180 days of when the property is damaged. In this case, the city may impose
reasonable conditions upon a building permit in order to mitigate any newly created
impact on adjacent property.
(b) Any subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy. The city may, by ordinance, permit an expansion or impose upon
nonconformities reasonable regulations to prevent and abate nuisances and to protect the
public health, welfare or safety. This section does not prohibit the city from enforcing an
ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only
businesses, as defined by ordinance.
(c) Notwithstanding subsection (a), the city shall regulate the repair, replacement, maintenance,
improvement or expansion of nonconforming uses and structures in floodplain areas to the
extent necessary to maintain eligibility in the national flood insurance program and not
increase flood damage potential or increase the degree of obstruction to flood flows in the
floodway.
(d) Notwithstanding any other provisions of this chapter, any detached single - family dwelling
that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or
expanded provided, however, that the nonconformity may not be increased. If a setback of a
dwelling is nonconforming, no additions may be added to the nonconforming side of the
building unless the addition meets setback requirements.
(e) Notwithstanding the prohibitions contained in the forgoing subsections of this section, if
approved by the city council a nonconforming land use may be changed to another
nonconforming land use of less intensity if it is in the public interest. In all instances the
applicant has the burden of proof regarding the relative intensities of uses.
Chapter 20, Article XII, "RSF" Single - Family Residential District
ISSUE
While the property owner has the ability to continue the non - conforming use of the property
based on its historic use by manufacturing operations, the property owner does not have a carte
blanch ability to permit any commercial or industrial user in the building nor the right to expand
commercial operations to the adjacent residential home, also owned by Mrs. Carlson. Mrs.
Carlson states that "the building's occupants have all been in the machining, manufacturing, or
contracting business of one nature or another ". However, staff s two inspections of the building in
1987 and 1995 did not turn up any contracting business. In 1987, there were two woodworking
businesses, Precision Finishes and motorcycle repair business. In 1995, there were Ramsey
Woodworking, Precision Finishing a small part painting business and Roger Mclearen, who
Todd Gerhardt
Appeal Administrative Decision
September 28, 2012
Page 4 of 5
rebuilt motorcycles. The use of the building is constrained by the uses that were in place when
the property was zoned for single - family residential uses. These uses have been manufacturing
in nature. A change in use of the building from what has been there to a new nonconforming use
must be approved by City Council. Contracting yards have never been a permitted use of the
building or site and is only permitted as a conditional use in the Industrial Office Park zoning
district.
The existing conditions of the property:
1. The property is zoned Single Family Residential (RSF) District.
2. The property is guided for Residential — Low Density uses.
3. A 15 -foot by 150 -foot building currently exists on the property.
4. The existing building is used for commercial /industrial type uses.
5. The current use of the building is nonconforming in that commercial /industrial uses are
not permitted in the RSF district.
6. The uses of the building have been manufacturing in nature and do not include businesses
that require outside storage. Many of the uses have been artisan or skilled craftsman,
e.g., woodworking and cabinet making.
7. Nonconforming uses may not be intensified.
Staff has determined that the use by Greenscapes Lawncare, which would be classified as a
contractor's yard, is an intensification of a non - conforming use and is not permitted on the
property.
Mrs. Carlson maintains that Greenscapes Lawncare is not an intensification of the use of this
grandfathered -in property for the following reasons:
1. They are a small company servicing private customers with lawn care and maintenance,
and perform only minor landscaping when their customers request it.
2. The only equipment on the property is used for maintaining lawns /grounds. There are no
bulldozers, bobcats, pallets of goods, or any other items normally found in a contractor's
yard.
3. They, too, come in the morning (never before a.m.), get their equipment, do their lawn
care, and return the equipment in the late afternoon.
4. They operate Monday through Friday. No weekends.
5. Their spring - through -fall employees carpool to work, so there are actually fewer cars
during the day than when I rented their space to other tenants.
Todd Gerhardt
Appeal Administrative Decision
September 28, 2012
Page 5 of 5
6. Greenscapes will be a 6 -month operation at 6411 Bretton Way, with no activity there
from Fall cleanup to Spring. The three partners snowplow directly from their homes.
DISCUSSION
The purpose of the non - conforming section of the City Code is:
(1) To recognize the existence of uses, lots and structures which were lawful when
established, but which no longer meet all ordinance requirements;
(2) To prevent the enlargement, expansion, intensification or extension of any
nonconforming use, building or structure; and
(3) To encourage the elimination of nonconforming uses, lots and structures or reduce their
impact on adjacent properties.
The addition of the landscape service to the building has created additional impacts on the
surrounding properties. The contractor's trucks have been parking on the lawn and trailers are
being parked outside the building. This is an increase in the activities that have historically been
conducted in the building.
The previous commercial uses were confined to the building, did not include the storage of
landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn
or trailers stored outside overnight, did not have vehicles being driven away in the morning and
returning in the evening, and were businesses that operated within the building. For the reasons
stated above, staff has determined that Greenscapes Landscape is classified as a contractor's yard
and is an intensification of the nonconforming use of the property.
RECOMMENDATION
Staff requests that the Planning Commission as the Board of Appeals and Adjustments affirms
staff's decision that the landscape business is an intensification of the non - conforming use of the
property and must be removed from the property.
ATTACHMENTS
1. Development Review Application.
2. Memorandum from Naomi Carlson to Planning Department dated September 7, 2012.
3. Letter from Robert Generous to Naomi Carlson dated August 17, 2012.
4. Letter from Robert Generous to Naomi Carlson dated July 30, 2012.
5. Affidavit of mailing of public hearing notice to Naomi Carlson dated September 6, 2012.
gAplan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \pc appeal memo.doc
Planning Case No. c907�1- - )�
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 - (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
CITY OF CHANHASSEN
RECEIVED
AUG 2 - 1 2012
CHANHASSEN PLANNING DEPT
Name
Email
Fax:
^4 -C Q /Y1
NOTE Consultation with City staff is required prior to submittal, including review of development
plans
„ Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (iUP)
on- conforming Use Permit
Planned Unit Development'
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right- of- Way/Easements (VAC)
(Additional reearding fees may apply)
Variance (VAR)
Wetiand Alteration Permit (WAP)
_P"" Zoning Appeal
Zoning Ordinance Amendment
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
"Five (v) full -size folded copies of the plans must be submitted, including an 8Y /z" X 11" redu*W
copy for each plan sheet along with a dialtal copy in TIFF -Group 4 ( *.tiif) format.
"Escrow will be required for other applications through the development contract.
Bujiding material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
Notification Sign - $200
(City to install and remove)
,X Escrow for Filing Fees /Attorney Cost"
- $50 CUP /SPRNACNAR/WAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ i1 Of
SCANNED
PROJECT NAME:
LOCATION:
LEGAL DESCRIPTION AND PID:
TOTALACREAGE:
WETLANDS PRESENT:
PRESENT ZONING:
REQUESTED ZONIN
PRESENT LAND USE DESIGNATION:
YES NO
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
e f
FOR SITE PLAN REVIEW: Include number of existing employees:
and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Signature. plicant Date
�ignature Fee Owner Date
SCANNED
g: \plan \forms \development review application.doc
September 7, 2012
To: Planning Department, City of Chanhassen
From: Naomi Carlson
Re: Planning Case No. 2012 -12 6411 Bretton Way
I bought this property in late 1982, having married a Minnesota native and moved here
from California. The property was purchased for my retirement income after selling my
CA business. My teacher's retirement fund had been cashed in for developing the CA
business, and I knew that SS income would be minimal. Whether the income from this
property would be rental, development, or sale, I did not know, only that it would provide
for my retirement.
It was known as Precision Manufacturing Corporation, which once owned all the
property known as Twin Hills. It was a large operation, with many employees to whom
meals were served in the separate kitchen, still operable in 1982. The business was
founded 1934 and thrived until the late seventies, when its founder and owner, Carl
McMahan, was elderly and in ill health.
Since my purchase, the building's occupants have all been in the machining,
manufacturing, or contracting business of one nature or another. Some businesses
operate from the premises; others use their spaces for warehousing, coming and going as
necessary.
On any given weekday, there have nearly always been eight to ten vehicles, some of
which come in the morning, get equipment and/or supplies, and come back at late
afternoon to exchange vehicles.
I firmly maintain that Greenscapes Lawncare is not an intensification of the use of this
grandfathered -in property for the following reasons:
They are a small company servicing private customers with lawn care and
maintenance, and perform only minor landscaping when their customers request
it.
2. The only equipment on the property is used maintaining lawns /grounds. There
are no bulldozers, bobcats, pallets of goods, or any other items normally found in
a contractor's yard.
3. They, too, come in the morning (never before a.m.), get their equipment, do their
lawn care, and return the equipment in the late afternoon.
4. They operate Monday through Friday. No weekends.
5. Their spring - through -fall employees carpool to work, so there are actually fewer
cars during the day than when I rented their space to other tenants.
6. Greenscapes will be a 6 -month operation at 6411 Bretton Way, with no activity
there from Fall cleanup to Spring. The three partners snow -plow directly from
their homes.
The complaint which started this most likely came on the days when Greenscapes was
moving in. Knowing that one particular neighbor would complain, I notified Bob
Generous myself that there would be more activity than usual for a couple of days during
the move -in. This same neighbor has been harassing some of my tenants for months now
for no reason other than to "get back" at me for refusing to sell them my property at a
give -away price and /or because I would not allow them access across my property to
develop theirs.
I am asking the City of Chanhassen should stop honoring these complaints and instead
uphold my rights as one of its citizens to continue use of my property as I have for 30
years,
Since the day I called Bob, I have been bombarded with letters from Chanhassen making
demands on me regarding the property. I am well aware that the property could use a
little sprucing up, and I have plans for doing so; however, if Chanhasssen continues to
insist that Greenscapes intensifies use of the property, my plans may have to take a back
seat to my lawyer fees.
Enclosed is an aerial photo of the property showing, albeit crudely, some of the
landscaping I have had in mind for some time now (with more to follow), and which
could be done rather soon with the help the able- bodied Greenscapes guys have offered.
I also have beautiful iron fences which I would like to install.
I know that the City of Chanhassen would like to see my property subdivided into 3 -4
residential lots, but I can't promise when that will happen. For now I depend heavily on
the rental income.
I think it's rather ironic that Chanhassen wants beautiful residential lots, but doesn't want
to provide a place for a small business so that it can care for the beautiful lawns of its fair
city. Many of the small lawn care operate from their home properties. My property is
perfect for Greenscapes; they and I firmly promise to see to it that there is nothing for
anyone to complain about.
One final comment: My former husband and I agreed to include for a mere pittance
Tract C (Teton Lane) in the sale of property to Centex allowing Bretton Way to cross our
property. Chanhassen benefited greatly in this transaction, getting all of Curry Farms and
the Ithilien development on the tax rolls. I would like the City of Chanhassen to
remember this. Whether they choose to or not, I have the right to allow my property to
be occupied by Greenscapes.
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CITY OF
CgAN9ASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
August 17, 2012
Mrs. Naomi Carlson
5955 Cathcart Drive
Shorewood, MN 55331
Re: 6411 Bretton Way
Dear Mrs. Carlson:
The landscaping business at 6411 Bretton Way must vacate the property immediately.
As stated in my letter to you dated July 30, 2012, the contractor's yard, landscape
business, is an illegal intensification of the use of your building at 6411 Bretton
Court. Contractor's yards are not allowed within the Single Family Residential (RSF)
District.
Contractor's yard means any area or use of land where vehicles, equipment, and /or
construction materials and supplies commonly used by building, excavation, roadway
construction, landscaping and similar contractors are stored or serviced. A
contractor's yard includes both areas of outdoor storage and areas confined within a
completely enclosed building used in conjunction with a contractor's business.
(Section 1 -2).
I will be out to the site Friday, August 24, 2012 to verify that the business has vacated
the property. If you have any questions or need additional information, please contact
me at (952) 227 -1131 or bgenerous@ci.chanhassen.mn.us
Sincerel
Robert Generous, AICP
Senior Planner
ec: Kate Aanenson, Community Development Director
Todd Gerhardt, City Manager
Roger Knutson, City Attorney
gAplanlbg\naomi carlson 6411 bretton 8 -17 -12 landscape busines.doC
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF
CgANEASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
July 30, 2012
Mrs. Naomi Carlson
5955 Cathcart Drive
Shorewood, MN 55331
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Re: 6411 Bretton Way
Administration
Phone: 952.227.1100
Dear Mrs. Carlson:
Fax: 952.227.1110
Building Inspections
I am Ming you in response to our conversation today regarding the use of the
Phone: 952.227.1180
building by Greenscapes, which we classify as a contracting business in the
Fax: 952.227.1190
Chanhassen City Code. Contractor's yards are not allowed within the Single Family
Residential (RSF) District.
Engineering
Phone: 952.227.1160
Contractor's yard means any area or use of land where vehicles, equipment, and /or
Fax: 952.2271170
construction materials and supplies commonly used by building, excavation, roadway
Finance
construction, landscaping and similar contractors are stored or serviced. A
Phone: 952.227.1140
contractor's yard includes both areas of outdoor storage and areas confined within a
Fax: 952.227.1110
completely enclosed buildings used in conjunction with a contractor's business.
(Section 1 -2).
Park & Recreation
Phone: 952.2271120
Such a use is considered an intensification of the use of the property. The previous
Fax: 952.227.1110
commercial uses were confined to the building, did not include the storage of
Recreation Center
landscaping equipment and supplies and did not have commercial vehicles being
2310 Coulter Boulevard
driven away in the morning and returning in the evening.
Phone: 952.227.1400
Fax: 952.227.1404
The following are the existing conditions under which the property is being used:
Planning &
Natural Resources
I . The property is zoned Single Family Residential (RSF) District.
Phone: 952.227.1130
Fax: 952.227.1110
1 The property is guided for Residential — Low Density uses.
Public Works
3. A 15 -foot by 150 -foot building currently exists on the property.
7901 Park Place
Phone: 952.227.1300
4. The existing building is used for commercial /industrial type uses.
Fax: 952.227.1310
5. The current use of the building is nonconforming, governed by Section 20 -72
Senior Center
of the City Code, in that commercial /industrial uses are not permitted in the
Phone: 952.227.1125
RSF district.
Fax: 952.227.1110
Web Site
6. Any nonconformity, including the lawful use or occupation of land or
www.ci.chanhassen.mn.us
premises existing at the time of the adoption of an additional control under
this chapter, may be continued, including through repair, replacement,
restoration, maintenance or improvement, but not including expansion.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mrs. Naomi Carlson
July 30, 2012
Page 2
7. No nonconforming use shall be resumed if 'normal operation of the use has been
discontinued for a period of twelve months or more.
8. If a nonconforming land use is superseded or replaced by a permitted use, the
nonconforming status of the premises and any rights, which.arise under the provisions of
the .code, shall terminate.
If you do not agree that such a use is an intensification of the use of the property, then you may
appeal this decision to the Board of Appeals and Adjustments. The Board has the power to hear
and decide appeals where it is alleged that there is an error in any order, requirement, decision or
determination made by a city administrative officer in the enforcement of this chapter.
Should the Board of Appeals and Adjustments agree that the use is not an intensification of the
use of the property or if you appeal their decision, then you must proceed to request that City
Council approve the use of the property.. Notwithstanding the prohibitions contained in the
forgoing subsections of the nonconforming use ordinance,_ if approved by the City Council a
nonconforming land use may be changed to another nonconforming land use of less intensity if it
is in the public interest. In all instances the applicant has the burden of proof regarding the
relative intensities of uses.
Enclosed is a development review application for your use. If you have additional questions or
need more information, please contact me at (952) 227 -1131.
Sincerely,
Robert Generous, AICP
Senior Planner
Enclosure
ec: Kate Aanenson, Community Development Director
Todd Gerhardt, City Manager
g:\plan \bg\naomi carlson 6411 july 2012.doc
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
September 6, 2012, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing — Planning Case 2012 -13 to Naomi Carlson, 5955 Cathcart Drive, Excelsior, MN
55331 by enclosing a copy of said notice in an envelope addressed to such owner, and depositing
the envelope in the United States mail with postage fully prepaid thereon; that the name and
address of such owner appeared as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
Ka4n J. E elh t, DepQ Clerk
Subscribed and sw n to before me
this day of , 2012.
Notary Pu is
KIM T. MEUWISSEN
Notary Public- Minnesota
�'ar• �.. p y �'° My commission Expires Jan 31, 2015
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 2012-13
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, September 18, 2012, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to review an Appeal of
an Administrative Decision regarding the determination of the intensification of a non-
conforming use on property zoned Single Family Residential (RSF) located at 6411 Bretton Way
(Tract C, RLS 105 and Outlots C & D, Curry Farms 2 " Addition). Applicant/Owner: Naomi
Carlson.
A plan showing the location of the proposal is available for public review on the City's web
site at www.ci.chanhassen.mn.us /2012 -13 or at City Hall during regular business hours. All
interested persons are invited to attend this public hearing and express their opinions with respect to
this proposal.
Robert Generous, Senior Planner
Email: bgenerousgci.chanhassen.mn.us
Phone: 952- 227 -1131
(Published in the Chanhassen Villager on September 6, 2012)
r
October 17, 2012
To:Chanhassen City Council
Case: 6411 Bretton Way building in residential neighborhood.
From: Residents from Teton Lane & Bretton Way
Re: New Business on the agenda Monday Oct.22, 2012
We respectfully request the city council to deny the request to replace some
non conforming rentals at the building with contractor yards.
The site is inadequate for this type of contractors. Greenscapes has been
allowed to be at this site since late July while this case was under appeal by
absentee owner Naomi Carlson. Parking on the grass on a steep incline with
trucks, dump trucks, trailers, cars & msc. equipment all over the property.
The crew comes all day long getting different equipment and even comes for
food brakes & fixing equipment outside.This should never have been allowed.
This contractor has verbally abused the neighbors & broke city rules & ordinances.
This building is the definition of a Hazardous building & Nuisance to the surrounding
neighbors and Greenscapes should vacate the property immediately. The building
has been vacant on the North side for 20yrs. Look at aerial pictures. Petition and pictures
follow this message. Thank you for your consideration.
4
Attn: Chanhassen City Council
Re: The property located at 6411 Bretton Way, Chanhassen MN 55317
We, the residents of Curry Farms, who live near 6411 Bretton Way, respectfully request
that the Chanhassen City Council uphold the decision of the city's staff and the city's
Planning Commission, that Greenscape LawnCare's use of the property at 6411 Bretton
Way is an intensification of the non - conforming use of the property and that Greenscape
must vacate the property immediately.
Name(s)
Address & hone
Date
Comments
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Amt: Chanbmm City Council
Re jibe property located at 6411 Bretton Way, ambassen. MN 55317
We, theresidents of Curry Famts, who live near 6411 Bleum Way, respect Wy request
that the Cb nhassen City Council uphold the decision of the city's staff and the city's
Plam ing Commnission, that Greenseape LavmCare's use of the property at 6411 Bretton
Way is an intensificadon of the non- confouning use of dw property and that Greeascape
must vacate the property immnedidely.
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6411 Bretton Way, Chanhassen
77 A
Children's Bus Stop
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Trucks come and go while
children are playing and
going to the bus stop
Cul de sac where children play
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6411 Bretton Way, Chanhassen
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Aerial
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Pre-2005
No vehicles
parked
behind the
building
Minimum
vehicles
parked in
front of the
building
Print Data/Map
Page 1 of 1
6411 Bretton Way, Chanhassen
Aerial View: 3/9/2010
PID# 256940030
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Parcel Information
Prwperty Address:
upper Wbrsaaaau:
Grar Rohs
164 11 BRETTON WAY
NAOMI RUTH CARLSON
payer
CHANHASSEN , MN
5955 CATHCART DR
EXCELSIOR. MN 55331
Parcel Properties
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11 Acrd: U
Nomntnd: N
egRau,
School lsistrict: OP76
Parcel Location
taker
seetlaa: oz
116
r % 0 Township: S 105
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Rape: 023
AC
Payable Year 2010
Sale /njonnmlan
lap Sale NOT ON FILE
RsL Markel Value Land: S102600
FAL Markel Value BuRdlug: $45500
Map Created: 3- 9-2010
Est. Markel Valet Total: $148100
CARVER COUNTY GIS D6WWMER: This nap was created using Carver County's Gmgraphic information Systems (GIS), it is a cornpilatan An
o(informakon and data from various Ciry.
Cowty, Sate, and Federal offices. This map is not a sutveycd or legally recorded map and is intended to be
used as a reference. Carver County is rat responsible fm any mccuracies contained herein
6411 Bretton Way, Chanhassen
Aerial View: 3/9/2010
Carver County, MN
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6411 Bretton Way, Chanhassen
Aerial View: 5/7/2010
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Aerial Date: April 2011
6411 Bretton Way is in the middle of a purely residential area.
6411 Bretton Way, Chanhassen
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Aerial View: 2011
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No trucks or vehicles parked on the property
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Aerial View: 2012
6411 Bretton Way, Chanhassen
6411 Bretton Way, Chanhassen
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Aerial View: 2012