CC Staff Report 11-13-20120
CITY OF
CAANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous
DATE: November 13, 2012
SUBJ: 6411 Bretton Way Findings of Fact and Decision
Planning Case 2012 -13
PROPOSED MOTION
"The Chanhassen City Council adopts the Findings of Fact and Decision
regarding Greenscapes Lawncare at 6411 Bretton Way."
City Council approval requires a majority vote of City Council present.
EXECUTIVE SUMMARY
On October 22, 2012, the Chanhassen City Council affirmed the Board of Appeals and
Adjustments decision that Greenscapes Lawncare business was an intensification of
the non - conforming use of the property at 6411 Bretton Way and must, therefore,
vacate the property. However, City Council tabled the adoption of findings of fact to
allow revisions due to the discussion of contractor's yard as a description for the use.
City Council minutes are item 1 a of the November 13, 2012 City Council agenda
packet.
RECOMMENDATION
Staff recommends adoption of Findings of Fact and Decision regarding Greenscapes
Lawncare business at 6411 Bretton Way.
ATTACHMENTS
1. Findings of Fact and Decision (Denial).
g: \plan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \cc memo 11 -13 -12 findings adopt.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
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 °d Addition.
4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single -
Family Residential District.
5. The Greenscapes Lawncare business performs landscaping, lawn care and snow removal
services.
6. A landscaping, lawn care and snow removal business increases 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.
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 must vacate the property.
ADOPTED by the Chanhassen City Council this 13 day of November, 2012.
CITY OF CHANHASSEN
Mayor
gAplan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \findings of fact and decision.doc
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