Loading...
CC Minutes 10-22-2012Chanhassen City Council – October 22, 2012 Councilman McDonald: Yeah, I’ll make a motion that we adopt the resolution certifying delinquent code enforcement accounts to the County Auditor. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Thank you. Motion’s been made and seconded regarding adoption of delinquent code enforcement accounts to the County Auditor. Is there any discussion? Hearing none we’ll proceed with the vote. Resolution #2012-59: Councilman McDonald moved, Councilman Laufenburger seconded to adopt the resolution certifying delinquent code enforcement accounts to the County Auditor.All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST TO APPEAL AN ADMINISTRATIVE DECISION AND TO REPLACE SOME NON-CONFORMING USES WITH OTHERS ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF); TRACT C, RLS 105 AND OUTLOTS C & D, CURRY ND FARMS 2 ADDITION; 6400 BRETTON WAY; APPLICANT/OWNER: NAOMI CARLSON. Kate Aanenson: Thank you Mayor, members of the City Council. As you stated this is actually two requests. This issue came about because we did receive a complaint on the subject site and asked, told the owner of the property that that use was not permitted and they must vacate. Anybody aggrieved of an administrative decision has the right to appeal, which the owner of the property did. As a part of that too, as they came forward to the City Council you also have the ability to look at those uses that are there so we thought this would be the appropriate time to look at the other uses that are there and so with that Mrs. Carlson is appealing that interpretation as it went to the Planning Commission. They did reaffirm the staff’s position that it was not a compliant use and additionally then we would ask that the council review those other uses and I’ll go through those in a little more detail. This was a public hearing. Kind of a lot of other side issues there so I think the appropriate thing here we want to make sure that we’re focusing on the two issues that are before you today and that’s the use and then what should be the interpretation for the rest of the uses. So with that the subject site on Bretton Way is just, just west of Powers Boulevard. Bretton Way. Old barn on the property that’s been there for a number of years. Subject site here. There’s a private drive that comes back here. The public street with the cul- de-sac and exiting home on the, that accesses this private drive here. So the regulation is any non-conformity, including the lawful use of land or premises at the time of the adoption cannot, can only be continued but can’t be intensified so it’s the staff’s interpretation when we did receive the complaint that the lawn mowing business that was on the site with the outdoor storage, there’s a lot of pictures in your staff report of, that were taken. I didn’t put those up here for the illustrations but clearly the Planning Commission and the staff felt that we believed it was an expansion so we did recommend, as did the Planning Commission, that they must discontinue the use of that lawn care business. Had a lot of outdoor storage and as you’re aware, you know lawn care business is one of the main concerns. The neighbors were concerned too with the amount of trips, the outdoor storage, the conflicting with people at the bus stop and the like. So 34 Chanhassen City Council – October 22, 2012 as we went through the uses of itself, the applicant Mrs. Carlson did send us kind of some of the previous uses that had been on this site over time so we’ve got that documentation. There’s some additional things that came in at the end of the week after the packet. Right before the packet went out so we attached those at the end. They weren’t identified in your attachment schedule but they are on the back some additional petitions from the neighbors and some additional drawings but Mrs. Carlson again, in 1987 the building contained two woodworking businesses, Precision Finishes and motorcycle repair business and on the face of that it would seem to be a conflict but the way those are being used, there’s no outdoor activity associated with those or storage and I think that’s where the conflict arose when you had a number of employees coming to the site and things being stored. Kind of assembling. Getting ready for the day and the trips coming in and out. So in 1995 the structure contained the Ramsey Woodworking and then the Precision Finishing. Again the small painting and then the motorcycle repair. Again trying to document, because we don’t have a business license, documenting the history of what’s been there over time. So the applicant again is repealing that the landscaping business is a continuation of the other uses that were in the property, machining and manufacturing, or contracting business. In her opinion that she felt that it’s compatible with some of the other, it is not an intensification of the previous use. So you can see here the outdoor storage of the landscaping business. Mayor Furlong: When was that picture taken, do we know? Kate Aanenson: September. Mayor Furlong: September, 2012? Kate Aanenson: I can look on this. There’s probably dates on there. So for the decision on the Boards of Adjustment and Appeals it’s, the interpretation was the following. That it’s illegal intensification and it was not in existence at the time it became a non-conforming use. It’s created additional impacts on surrounding properties. The commercial vehicles being parked on the lawns or trailers stored out overnight. Did not have vehicles being driven away in the morning and night. These other businesses didn’t so that’s why we separated the difference between these and the existing ones there and they were not, the businesses that operated within the building itself. So with that we’re recommending, I’ve separated these two motions. We’ll address the other uses in a minute. So this would be the recommendation that we would put forward to you that you affirm what the Board of Appeals and Adjustments did as well as the staff and adopt the Findings of Fact. So with that I’d be happy to answer any questions on that first one. Mayor Furlong: Okay. Let’s start with questions here. And this is just relating to the use… Kate Aanenson: I can go through the next one. I don’t know which, maybe the City Attorney may want to weigh in. If you want to try to take them both at the same time or separate the two. Mayor Furlong: I guess I’d like, and defer to the council, I’d like to hear from the applicant rather than having them come up twice. Maybe just work in… 35 Chanhassen City Council – October 22, 2012 Kate Aanenson: Sure. Sure, we can go to the next one too so that would be that one specific use. Mayor Furlong: Yeah. Kate Aanenson: But then again the City Council has the authority to approve uses in there so we wanted to get a weigh in on what was in the building and have that documentation as we move forward so the applicant or change in use request requests that the K2 Electric Service warehouse, Lake Country Builders warehouse. Again the customer storage and the restoration artists remain in the former non-conforming uses so we documented in here, there’s documentation of how long those businesses have been in here and that we believe that you know the intensity is less than the other ones so if you approve then the non-conforming use may be changed to another non-conforming use and this is what’s spelled out in the non-conforming section. As long as it’s less intense and it’s in the public interest and in all the instances the applicant has a burden of proof regarding the intensity. So looking at how those businesses are being used, they’re a lot different. If you were to look at a repair business of electrical you could have quite a few trips coming and going. The way we document it when we put the level of service on it’s just their one vehicle and the like. So with that we would recommend that you approve those non-conforming uses and those be the documented uses and we’d document how many vehicles there and the level of use. But if you chose not to do that and eliminate those then we would recommend that we come back with Findings of Fact to the other, if you chose not to support those uses. Mayor Furlong: Ms. Aanenson for clarification, was this issue put before the Planning Commission? Kate Aanenson: No because the Planning Commission doesn’t have that jurisdiction review. That would just be your’s. Mayor Furlong: Okay. And that actually came up as a part of the Planning Commission…? Kate Aanenson: Well what we wanted to do, as long as the neighbors were concerned about the whole thing, we’ve got all the documentation in front of us and kind of the one issue does roll into the other. We felt that it would be appropriate to address both issues tonight and so moving forward the applicant would then know what they could or couldn’t pursue getting a tenant. Mayor Furlong: Okay. Questions for staff at this point and then we certainly will hear from the applicant as well? Councilman McDonald: I’ve got a question. Mayor Furlong: Councilman McDonald. Councilman McDonald: To the larger picture, the overhead that shows the entrances and in and out. Yeah, I think that one. Okay, is the problem because they’re using the cul-de-sac there to, is that where the trips are generating the problem? 36 Chanhassen City Council – October 22, 2012 Mayor Furlong: Go in to the closer view if you could please. Thank you. Kate Aanenson: Well part of it is the fact that you have a lot more trips are associated with the residential zoning district and any time you have a number of trips being generated of a commercial business in a residential neighborhood where you’ve got kids at a bus stop. Additional trips. People that don’t live in the neighborhood and coming there to get to a business in and out, it does provide conflict. And again the contractor’s yard is one of the number one complaints we have regarding blockage of driveways. Again just conflicting noise. Hours of operation. If they’re in early. Coming in late. Those are the problems that they conflict with the neighborhood. Councilman McDonald: Well I guess what I’m looking at is it looks as though there’s another entrance in and out of the property. Kate Aanenson: There’s a private drive to the north. It’s not a public street. Councilman McDonald: Right. Okay but is that the Mrs. Carlson’s drive? Could she use that for the property? Kate Aanenson: I think that would also be a conflict for some of the neighbors here because it’s very narrow. Mayor Furlong: What’s the topography there between the private drive and the street? Kate Aanenson: It drops down. Yeah. Councilman Laufenburger: Could you put your carrot on the high point? The high point is near the bottom, or is the high point near the top? Kate Aanenson: Towards the top. Councilman Laufenburger: Okay. Kate Aanenson: Some of the people that were complaining are in this address. I’m not sure that that would, what they’re looking at would solve their problem. As the people on Bretton Way. Councilman McDonald: Okay which property does she own? Is it just that. Kate Aanenson: This piece, Mrs. Carlson. This piece and this piece. And this piece. Councilman McDonald: Okay. So actually the private drive belongs to someone else then? Kate Aanenson: She also owns access to the private drive. She has properties in the area. Yeah. 37 Chanhassen City Council – October 22, 2012 Councilman McDonald: And then what’s the road that the private drive goes into? The, well north/south road. Kate Aanenson: This drive? Councilman McDonald: Yeah. Mayor Furlong: Teton I think. Is it not? Kate Aanenson: Is that Teton? Councilman McDonald: Okay, yeah. That helps. Kate Aanenson: Yeah Teton, yep. So you’re internal in the middle of a residential neighborhood. Mayor Furlong: The main road there going north/south is Powers Boulevard, is that correct? Kate Aanenson: Right. As a general rule we have commercial businesses on minor collectors as opposed to a local street. Not in the middle of a, in a neighborhood. So you’ve got to try to find those compatible. Councilman Laufenburger: Were the resident, excuse me Mr. Mayor. Kate, were the, which building was there first? The, Mrs. Carlson’s buildings or the buildings around there? Do you know? Kate Aanenson: Mrs. Carlson’s buildings. I’m not sure this house may be around the same time. Some of these are older houses. Then you have Bretton Way, the new, that subdivision. All that is newer. Councilman Laufenburger: So those buildings that we see on the bottom of this picture, they are newer than the, then Mrs. Carlson’s buildings? Kate Aanenson: Correct. Councilman Laufenburger: Okay. What’s the total acreage that Mrs. Carlson has there, do you know? I bet Mrs. Carlson knows. Kate Aanenson: Yeah, I would say. Councilman Laufenburger: You can, we’ll hold on that question. Kate Aanenson: I’m not sure. Councilman Laufenburger: I’ll withdraw that question for the time being Kate. Thank you Mr. Mayor. 38 Chanhassen City Council – October 22, 2012 Mayor Furlong: Alright, any other questions at this point? Councilwoman Tjornhom: I have one question. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: We’re talking about non-conforming. Give me some examples of what would be conforming. Kate Aanenson: Well the. originally it was apartments. That’s what it started off as and then it moved to people didn’t rent the apartments and then they became kind of subletted into other types of uses so. We did give you, well we did give you that list what we thought would be, that’s who she’s got in there right now that we said would be compatible. Oops. That would be these uses. The K2. These right here. The Custom Charters boat storage. Kind of storage. Things that aren’t generating that number of trips. Councilwoman Tjornhom: So it could still be used for commercial purposes? Kate Aanenson: Well I guess it’s the interpretation, that’s where we’re saying of how many trips are being generated. Right. Indoor activities. Correct. Mayor Furlong: But in terms of the history, you say originally it was apartments. When did the, well I guess the question is, at some point the City Council approved the uses that were non- residential in nature, correct? Kate Aanenson: I’m not sure they did. I think they just evolved because we don’t have a business license. They became non-conforming. Mayor Furlong: Okay. I thought there was some reference in the report to ’95. That in 1995 that there was some action by the City. Kate Aanenson: No those were just, right. Over time there’s been records of remodeling. Those sort of things. We do not have a business license requirement so unless someone notifies us that there’s a business in there, we don’t always know. Mayor Furlong: Okay. Kate Aanenson: And that would go anywhere in the City. Mayor Furlong: So it just says a list of tenants was provided in 1995. Kate Aanenson: That’s correct. Mayor Furlong: That was documented. 39 Chanhassen City Council – October 22, 2012 Kate Aanenson: Correct. Mayor Furlong: And that the property at that time was considered a legal non-conforming? Kate Aanenson: Correct. Mayor Furlong: Okay. Roger Knutson: Mayor? Mayor Furlong: Yes. Roger Knutson: Just to clarify one thing. Mayor Furlong: Thank you. Roger Knutson: About what is a conforming use. This property is zoned single family residential district so all these are, none of them are conforming. The question is are they legally non-conforming. Mayor Furlong: Okay. Roger Knutson: And are you, and then the second question is are you going to allow substitution but none of them are conforming to the current zoning ordinance. Councilman Laufenburger: But Mr. Knutson the question that this council is to decide is, is that non-conformance a problem and are we going to not allow it making them illegally non- conforming or are we going to allow them meaning they are legally non-conforming. Roger Knutson: Right. The bigger issue is are you going to allow substitution of one legally non-conforming use for another non-conforming use. That’s within your discretion. Kate Aanenson: If I may, that’s actually two questions. The first one is, we believe there was a significant intensification of that non-conformity. The other one is we’re trying to state what we believe was non-conforming and then we have that list there and you have the authority to substitute as you just stated. Non-conformity for non-conformity. But because it is residential we wanted to make sure that that level stays at kind of how it’s been operating over the years. Mayor Furlong: Question Mr. Knutson or Ms. Aanenson. If the council took the action of disallowing any substitution then would that imply that that what was legal non-conforming in ’95, unless there is, if there’s no substitution in terms of tenants in this case since they’re renters, that no tenants other than, no non-conforming tenants would be allowed to be substituted? Is that the effect of that decision? 40 Chanhassen City Council – October 22, 2012 Roger Knutson: That would be the effect but you would, under the ordinance, the question for you was, are the, the substitute non-conforming uses, do they create issues, greater issues than what was legally non-conforming. Mayor Furlong: Okay. Roger Knutson: If it doesn’t create any greater issues it’s the same issues then you would allow it but if you, if they’re intensifying the uses or creating other undesirable aspects because of the new use then you would say no. Before you tonight we only have, staff has there’s two. One, denying the one use and one approving the rest of them and if you wanted to deny all the current uses then we’d have to bring back findings at your next meeting for denial of that. Mayor Furlong: And the effect of approving the other uses and we’ll keep the Greenscape separate for the discussion at the moment. The effect of approving those other uses then would be in effect allowing substitution of a same or a lesser intensity. Roger Knutson: Yes. Mayor Furlong: Renter or tenant. Roger Knutson: Yes. Mayor Furlong: Use. Thank you. Councilman McDonald: If I could then what I guess I’m confused about, if we go back to 1985 it sounds like this was never non-conforming. What’s our baseline? In order to judge that this against. Because it sounds like even back then it should have been residential. Is that correct in ’85? Kate Aanenson: It’s zoned residential. Yeah. Mayor Furlong: Do we know when the zoning became residential? Was it, let me ask this question. Was the residential zoning prior to 1995? Kate Aanenson: Sure, yes. Mayor Furlong: Yes? Kate Aanenson: Yes. Mayor Furlong: Okay. So one way to look at your question Mr. McDonald, which is a valid one is, you know either at the time of rezoning or at least the stake that was put in the ground in 1995 where the uses were identified at that point. Councilman McDonald: Right. 41 Chanhassen City Council – October 22, 2012 Mayor Furlong: Would be two options. Councilman McDonald: Right, because if we’re going to look at intensification I guess I would ask the question intensification of what? Mayor Furlong: From what. Councilman McDonald: Yeah, from what. Mayor Furlong: And at least we have a date in ’95 which was, is one that we could look at or the date of the rezoning occurred when it became residential and these uses were. Roger Knutson: I think the, ’95 is a baseline because we don’t have any other baseline prior to that to know when it starts so we either said, we know that’s what was there in ’95 and we know it was non-conforming in ’95 so we’ll use that as the baseline. It might not be the correct baseline in the sense that whenever this started what was there, was it legal. I don’t have the answer to that anyway. Councilman McDonald: Right but at least at that point we know what was there so that’s establishes the baseline. Now we have something to judge whether they’ve intensified their non- conforming uses. Kate Aanenson: If I may on page, page 2 of your staff report in the background it gives the history of the timeline so in 1986 it was zoned residential single family and the first, then in 1987 it contains the two woodworking business and the Precision Motorcycle which we’re still saying would recommend so those are, those are carrying through through the entire time. So then you go to 2001, you know 2009, those are the documentations that are in there. If you can find that, that was on the original staff report that went to the Planning Commission. Councilman Laufenburger: Planning Commission? Kate Aanenson: Planning Commission, that’s correct. Mayor Furlong: Has anybody found that page in our packets? Councilman Laufenburger: I’ll get to it real quick. Kate Aanenson: It’s way towards the back. It’s behind the Minutes. The additional attachments to it. Yeah. Todd Gerhardt: Mr. Mayor, as you identify intensify you don’t look at the tenants, you look at the use and so the uses have changed be it, you want to bring the list back up there Kate. Kate Aanenson: I’m not sure where. This one? 42 Chanhassen City Council – October 22, 2012 Todd Gerhardt: Where you had builders. Restoration. So intensifying would be any type of use that would create more traffic. More employees than the uses identified. Councilman McDonald: And what do we know about those businesses, especially the woodworking because that’s, that could be an intense business but I don’t know. What do we know about it? Kate Aanenson: Well what we do know is that we haven’t received complaints to date on that business regarding trip generation, noise, outdoor noise, that sort of thing. The other one, the use that we’re addressing tonight, the landscaping business there was complaints regarding noise and trip generation. Councilman McDonald: Well let me ask you this because within the documents here Mrs. Carlson says that a lot of that was because that landscaping business was moving in and that’s what caused the problem. Have you gone back after they’ve moved in and are they still a problem as far as traffic and you know is everything as it was with the initial complaint? Kate Aanenson: It’s our opinion that it’s an intensification and we believe it meets that criteria and I think the neighbors would say the same. Councilman McDonald: Okay. Mayor Furlong: Okay. It looks like, if I’m reading the staff report correctly that in ’86 the property was zoned single family residential. In ’87 contained 2 woodworking businesses, Precision Finishes and a motorcycle repair and it looks like for all intensive purposes they had the same use in ’95. Kate Aanenson: Correct, thank you. I couldn’t find, we put all the additional comments in the front of that and I couldn’t find that staff report yeah but that was the history of that. Mayor Furlong: Alright, anybody that was listening to the questions that doesn’t have access to the report. Alright. Any other questions at this time for staff? Otherwise let me invite the applicant, Mrs. Carlson or her representatives to come forward and address the council if you’d prefer. Naomi Carlson: Good evening, my name is Naomi Carlson. Mayor Furlong: Good evening. Naomi Carlson: My address is 5955 Cathcart Drive, Excelsior, Minnesota. Mayor Furlong: Thank you. Naomi Carlson: Do you want to ask me questions or shall I go? 43 Chanhassen City Council – October 22, 2012 Mayor Furlong: Well why don’t you, if there are some comments you’d like to make to the council as a part of your appeal, please do that. Again what we’re looking at are the uses. Naomi Carlson: Well yes, okay. Okay, I’ll start with the one thing. I don’t know where the apartment thing came from but it was built in the late 40’s, maybe 50. 1950 but I think, we think late 40’s. Mayor Furlong: Okay. Naomi Carlson: As a manufacturing business. It was called Precision Manufacturing Company and also out there at that time a little later was Pat Jensen’s horse stables and it was never an apartment. It was always manufacturing. Mayor Furlong: Alright, thank you for clarifying. Naomi Carlson: Mr. McMann, the owner had several patents and they made parts for Honeywell and other people and at the time that they were, just before we bought it and he had kind of, he had gone into bad health and was selling off properties and wanted to sell the business. He had, we never asked, my husband at the time may have asked him how many employees they had but they had enough that they had a kitchen where they served meals to them and in fact while all the equipment was still there when we bought the place. You know we could have gone in and made a meal so it was before it, before Curry Farms was established by Centex it was, it had been a going concern and built for that particular reason. Mayor Furlong: Okay, thank you for clarifying that. Naomi Carlson: Okay. And I feel that Greenscapes never had a fair chance. I knew that the neighbors up to the north would be calling Bob, the City so I called Bob Generous that morning and said to him there’ll be unusual activity, more activity for 2-3 days this week while Greenscapes is moving in and that very afternoon. He said thank you for calling. That very afternoon then he called me back and said it’s an intensification of use and they have to leave and I felt that was highly unfair. They didn’t even call a meeting with the 3 partners and myself and the city administrators to say let’s talk about this. What’s going to happen here because I was so confident that they would work out that I, like I say called Bob Generous myself and I would just ask that you give my testimony and all my words the same credibility that you give to the Story’s who are my neighbors and so that’s another, that’s a story of the Story’s but so I, we hadn’t even had a chance. Greenscapes and I to work out the parking and they would only have 2 trailers and 2 trucks there overnight and they’re taking the space of 3 former tenants so if you had 3 other tenants in there and 2 cars, if there were 2 employees or 1 employee or whatever coming and going it’s the same, it’s not an intensity. It’s just a different type and I would like to read the City’s definition of contractor’s yard which is, that’s what they, when Bob called me back and said it’s a contractor’s yard. Contractor’s yard is used by building, excavation, roadway construction and I’m going to skip this one for a second and similar contractors. And then they’ve got landscaping. They, Greenscapes is not a landscaper. They don’t have the, they go out and mow lawns and in the summertime they, or excuse me in the wintertime they, the 3 partners snowplow from their homes and they all live probably 30-35 miles apart and they’re not 44 Chanhassen City Council – October 22, 2012 going to get up at 3:00 in the morning and come over to there. They’ll have their trucks at home and they plow from their homes so there’ll be hardly any, anybody coming and going there in the wintertime. Maybe occasionally one of the partners might come to fix something or you know do something but they, they’d run the business from their home, the 3 partners and there’s no other employees that snowplow. So I feel like we didn’t have a fair chance to talk about parking. Where they were going to park. Rearrange and screen with nice vegetation. Where they would be parking so it just, within a matter of a few hours we got the word they have to go so of course I appealed it so I am asking that maybe, oh this is what I would like to have. If you could, within 5 years I’m going to be making some major life changes and, and so by the end of the fifth year most likely, maybe even sooner I probably won’t own the building. And well incidentally people have said to me well how come you haven’t gotten a hold of a developer. Well a developer hasn’t contacted me, not even when Story’s property and the adjoining Natole property were for sale, if a developer wanted to develop all that property that would have been a perfect time to have approached me. I don’t know whether he approached Natole’s or Story’s or not. Anyway so I would be making some major changes within 5 years and I would like to ask that you give Greenscapes a chance for 3 to 5 years. 3 years is about the least that it would be worthwhile for them to move in and do the fix up that they want to do and help me to do some work there. They’re willing to use their manpower to help me, and I will supply materials and I really appreciate that and it would I think make the neighbors very happy and incidentally on the picture that you had up there, that road up on the hill there. It belongs to my property. The easement has on the Story’s and Rob Rabe have easements back to there. To the back of my property. 14 foot easement and I really think that’s where it all started. Mr. Story wasn’t allowed to use my easement to develop his property into 4 lots and so it’s like been downhill ever since between us so. Mayor Furlong: So again, excuse me Mrs. Carlson. The issue before us tonight are uses. The property uses or the tenant uses for the property so. Naomi Carlson: Right. Mayor Furlong: So your request is to allow it to continue as it is now for 3 to 5 years? Naomi Carlson: Yes, yes and the Greenscapes is so, so willing to work with anybody to keep peace and make the place look really nice and a couple of those cars that are in the parking lot, they belong to the 2 tenants in the back so, and nobody can really see and when they talked about blocking driveways, nobody was blocking any driveway except maybe when they were moving in that day and that’s my driveway. That’s their driveway. It’s not a public road that they would be even blocking and that’s what is being circulated so yes, for between 3 and 5 years would be a good time and if you’re not happy and the neighbors aren’t happy we will do our very best to satisfy everybody. Mayor Furlong: Any questions for Mrs. Carlson? Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes, Mr. Laufenburger. 45 Chanhassen City Council – October 22, 2012 Councilman Laufenburger: Mrs. Carlson, how big is your property? How many acres? Naomi Carlson: It’s about an acre and a half. Councilman Laufenburger: Okay. And when did you acquire the property? Naomi Carlson: 1983. Councilman Laufenburger: ’83. And at that time, is your residence, on the screen, is your residence the building on the left? Is that correct? Naomi Carlson: No. I live in Shorewood actually. Councilman Laufenburger: Okay, Cathcart. Is that a residence or is that part of the? Naomi Carlson: Over the top, the portion of the top there’s a residence. Councilman Laufenburger: That building right. Naomi Carlson: One bedroom cottage I call it and 4 garages. I rent those out. Councilman Laufenburger: Okay. So 2 separate buildings. The one building has work space underneath with a residence on top. Is it currently occupied by renters? Naomi Carlson: Yes. Councilman Laufenburger: Okay. And then the longer building is the four, which you say are the garages or the work spaces, is that correct? Naomi Carlson: Garages are up by, under the, with the cottage. It extends out. The cottage is above a garage and laundry room and they are 4 garages along side it. Councilman Laufenburger: Okay. The long building, which looks like it could be a long bowling alley, that’s actually 4 separate. Mayor Furlong: Units. Councilman Laufenburger: Units. Naomi Carlson: Yes. It was all one when we bought it and never did even separate out the electricity’s, you know the utilities. Just kind of figured out how much per space each person would have and I couldn’t really afford to separate out utilities into 4 different spaces so, yes. Councilman Laufenburger: Okay. Alright. And you said that the Greenscapes is occupying, or is intending to occupy 3 of those 4 units, is that correct? 46 Chanhassen City Council – October 22, 2012 Naomi Carlson: Up above, yes. On the back side. Mayor Furlong: On which building of the two? Naomi Carlson: The long building. I call it the factory building. Councilman Laufenburger: You call that the back building. Mayor Furlong: Because that’s a two story building. Naomi Carlson: Well, excuse me. Excuse me. There are two, there’s 2 driveways. There’s the one down by the cul-de-sac that you can go into the first level. Lower level and, or you can go along side the building or go in that first driveway north, south, east, west. West. West. West of the factory and go in that way and you can’t see it but there’s a driveway behind that building. Mayor Furlong: It’s a two story building on the… Naomi Carlson: Yes. With both of them having ground level access. Councilman Laufenburger: Okay. Thank you Mr. Mayor. Mayor Furlong: So that’s the back. Councilman Laufenburger: This is looking at the building from your private, from the private drive. Naomi Carlson: Yes. Councilman Laufenburger: From the north. Looking in a southerly direction. Okay. So one more thing. This is a peaked roof. Is there a wall down the middle of that building so that there are units on both sides of the peaked roof or does the unit go all the way through? Naomi Carlson: No it’s only, it’s only inside 15 1/2 feet wide so. Councilman Laufenburger: Okay. So each unit occupies the full width of that. Naomi Carlson: Yes. Councilman Laufenburger: Got you. Thank you. Mayor Furlong: Any other questions for Mrs. Carlson? While you’re here, Ms. Aanenson and Mr. Knutson, Mrs. Carlson’s request of allowing this use for 3 to 5 years. Does that create property rights that would be available to a buyer of the building at that time as well? Or have the potential for doing that. 47 Chanhassen City Council – October 22, 2012 Roger Knutson: It doesn’t, you really would need a written agreement rather than just a resolution to do that because the ordinance doesn’t have that kind of option in it. It’s before you and the ordinance now says will you allow the substitution or will you not and you can allow it if it doesn’t intensify the use or create other bad characteristics than were already there. Mayor Furlong: So there isn’t the ability to allow it for a period of time. If it’s allowed tonight. Roger Knutson: It’s allowed. Mayor Furlong: And if it’s allowed on into perpetuity. Kate Aanenson: Right. Roger Knutson: Yes. Kate Aanenson: If I may Mayor, that was one of the staff’s concerns was some of the unintended consequences of trying to be you know proactive or say you know that it wouldn’t matter for the short term but if you’re going to sell it those become the now the legal uses in the site and those are the ones we know are harder to get out because there’s people want to be in these kind of places to maybe paying a different rate than somewhere else. Naomi Carlson: Could that be a conditional use permit or something because I know that those don’t go with the property do they? Kate Aanenson: This isn’t set up that way because it’s non-conforming. Roger Knutson: Mayor, the only other thing I can think of, if you, right now we’re operating under a timeline but if you for whatever reason thought it would be appropriate you could continue this matter for 3 months, 6 months if the property owner agreed to the continuance and then you could look at the facts then if you think maybe you’ll know more in a few months. I don’t know, I’m not putting, I don’t know that you would but if that’s how you felt. Mayor Furlong: Understand. The purpose of my question was trying to understand the request and the ramifications of the request is all so. Any other questions? Councilman McDonald: Well if I could on following up on what Mr. Knutson is asking. If I understand your correctly over the next 3, 4 months there really shouldn’t be any activity in there anyway because Greenscapes is done as far as cutting. Naomi Carlson: That’s right. Councilman McDonald: And now anything as far as plowing and those things will be done from a different location. Naomi Carlson: Yes. 48 Chanhassen City Council – October 22, 2012 Councilman McDonald: So really over the next 3 to 4 months there shouldn’t be any activity here. Naomi Carlson: That’s right. Kate Aanenson: I don’t want to be the skeptic but if someone has 3 months to make sure there’s no problems I think that could be accomplished and then what you know? Audience: They’ve already had 3 months. Kate Aanenson: So I would just be concerned about trying to administer that to say you know how’s, you know maybe the summer months are different. Mayor Furlong: There’s some challenges there. Kate Aanenson: There’s some challenges and I just some unintended things that we might not think, you know if they know for 3 months that you know they are on their best behavior then it comes back in and yeah. Naomi Carlson: Could I address that? Mayor Furlong: Any other questions? Naomi Carlson: Could I address that please? Mayor Furlong: Certainly. Naomi Carlson: That really wouldn’t make a lot of difference to Greenscapes because they need to know that they can be somewhere long term. They have a big quonset hut out near Glencoe I think they said that, please don’t deny it but if it should be denied you know there’s no need in them paying rent for the next 3 months or 4 months so because they have to have a space where they can count on being there for at least 3 years. Mayor Furlong: Okay, that’s good information to have. Very good, thank you. Any other questions for the applicant? Kate Aanenson: I just want to point out some, just some of these issues that arise. We’ve had some of these landscaping business, snowplowing business that want to be in town that you know kind of set up on the back of church parking lots and we get the calls from the neighbors who aren’t expecting it. 4:00 a.m. that people are mobilizing so we just have a history of this type of uses so that was our concern right out again. I’m not saying that Greenscapes is operating the same way and they might be all driving from their homes, it might be that way for a while but as the use is successful, and we certainly hope that they are, sometimes things that we don’t think would happen may happen and then that’s what we’re concerned about that type of use and. 49 Chanhassen City Council – October 22, 2012 Mayor Furlong: Okay, thank you. Mrs. Carlson I do have one question for you and maybe it’s an inconsistency Ms. Aanenson when you had your, of the other existing uses that I think were, th back up one. That one right there. In looking at your email Ms. Carlson of October 11 it included an Andrew Clark identified as having leased since 2011. Is he still there because I didn’t see him on this? Naomi Carlson: Yes, he’s still there. Mayor Furlong: Okay, so because the other ones, Restoration and Custom Charters, Lake th Country and K2 were all on your email from October 11. Naomi Carlson: Wasn’t Andrew on there? I thought he was. Mayor Furlong: Andrew was on your email and I just didn’t see him here. Naomi Carlson: Oh, okay. Mayor Furlong: And that might have just been an oversight so just wanted to confirm that all those are still there. Very good, thank you. Naomi Carlson: Is that it for me? Mayor Furlong: I think so unless anybody else has any other questions. Appreciate it. Naomi Carlson: Okay, thank you. Mayor Furlong: Thank you. Sara Harvey: May I come up? Mayor Furlong: Who are you? Sara Harvey: I’m Sara Harvey representing the Story’s. Mayor Furlong: Okay. Sure, just for public comment. Okay, that’s fine. Thank you. Especially, we do have just. Please come forward. Just to clarify we do have copies of the Planning Commission minutes, verbatim minutes so we have all those comments so really what we’d be interested in is anything new or that’s changed or different since the Planning Commission. Sara Harvey: Okay, absolutely. Before I start with my comments I just want to make a couple. Mayor Furlong: And then I’m going to, if you could state your name and address for the record for people. 50 Chanhassen City Council – October 22, 2012 Sara Harvey: Oh I’m sorry, Mr. Mayor, City Council, my name is Sara Harvey representing the Story’s at 6281 Teton Lane in Chanhassen and just to make a couple clarifications before I begin with my comments. So if you, you can see on this picture here. The private drive that was mentioned is an ingress/egress easement that was put in for the purpose of accessing this private residence here. When there was a comment made about coming in and potentially using that driveway to access the building, there’s actually a quite steep grade there that we’ve been told in the past is the same grade as what goes from our property to Powers Boulevard and is too steep to drive down. Here’s another showing the topography and the grade is about 30 to 35 so it would actually be a danger to drive from the private drive down to the building so I just wanted to clarify that. Mayor Furlong: Okay, thank you. Sara Harvey: In addition here’s, you have these pictures in your packet but right before we left Teton tonight there was 2 trucks parked behind there and just to clarify the plow trucks have also been parked there already. We had pictures of that in the packet and the use has not gone down from when they were moving in. They’re coming and going and some of the other neighbors will want to get up and speak to that but part of the concern is they’re coming and going out of this cul-de-sac. You can see in this picture here. They’re coming and going out of this cul-de- sac very close to where the children stand at the bus stop in the morning and there’s quite a lot of activity both in the front of the building and behind the building. Here’s another picture of the multiple trucks and vehicles parking on the grass. Not on the driveway behind the building. So we would respectfully request that the City Council affirm the Board of Appeals and Adjustment’s determination that Greenscapes Lawn Care is an intensification of the non- conforming use and must vacate the property. And in addition we would also ask that the council not approve the change in the non-conforming uses to allow the other, the other tenants to stay there as it’s not in the public interest so according to the City Code if approved by the City Council a non-conforming use may be changed to another non-conforming land use of less intensity if it is in the public interest and in all instances the applicant has the burden of proof regarding the relative intensities of uses so regardless of the intensity, from what I understand of that the non-conforming land use may only be changed if it’s in the public interest, which we don’t believe that it is. Part of that is due to the disrepair of the building and the traffic generated by the commercial use of the building regardless of the type. This is especially true given that the building’s in the middle of a residential neighborhood where a large number of school aged children reside. Somehow if it could be argued that allowing the tenants of Bretton Way to remain would be in the public interest the code also says that the land use must be changed to another non-conforming use of less intensity and the applicant has the burden of proof regarding the relative intensities of use so what I believe is, I don’t believe that the landowner has actually provided any proof that the new intensities are less. In addition Greenscapes Lawn Care is a significant intensification of the use of the property. There’s never been multiple vehicles, trucks, trailers, lawnscape equipment, land equipment parked in the driveway and behind the building. There’s been very smaller number of people that have rented the back doors in the building or driven on the back driveway. In addition the situation with Greenscapes actually th recently escalated to threatening behavior of the Story’s. On October 9. 51 Chanhassen City Council – October 22, 2012 Mayor Furlong: And what I need to do is we’re focusing on the uses here so if there are other extenuating circumstances that are civil or criminal in nature, that’s really not involved this evening, thank you. Sara Harvey: Okay. So because the purpose of this meeting has been expanded since the Planning Commission to include the approval or disapproval of other current tenants of the building we believe there are other relevant facts that should be brought to your attention. These are relating to public interest. Mayor Furlong: With regard to the uses? Sara Harvey: To the uses. Mayor Furlong: Thank you. Sara Harvey: And this being in the public interest. So 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 41653 and the definition of a nuisance, Section 13, Article I of the Chanhassen City Code. So we believe that it is important the building owner be held accountable for the condition of the buildings and the multiple code violations as they pose a threat to the safety of the residents of the neighborhood and the tenants of the building so just to name some of the things in the pictures that are in here are the broken windows, the crumbling stairs, the questionable foundation, pest infestation, potential asbestos and/or lead contamination and an abandoned well house in disrepair. Because of the danger and disrepair of the building we’re concerned about the quality and safety of future tenants of the building, especially with the recent behavior of Greenscapes. This building and some of it’s tenants activities are a threat to the safety and quality of life for the residents in the neighborhood and we respectfully request that you take this under consideration in your decision. On one last note the city staff determined that a custom woodworking business would fall under the previously approved non-conforming uses of the building. I don’t dispute this point but I would like to request that the owner of the building be asked to prove that the tenant Andrew Clark is in fact a custom woodworking business as our observations have led us to believe otherwise. For example by producing a Schedule C or other business records as proof, so thank you for your time. Mayor Furlong: Alright, thank you. Any questions for Ms. Harvey? No, thank you. Sara Harvey: Thank you. Mayor Furlong: Ms. Aanenson, question with regard to the statements about the disrepair or the condition of the building. Is that an issue before us this evening or? Kate Aanenson: It’s not before you but we’re working on that separately. Mayor Furlong: Is that a staff issue? 52 Chanhassen City Council – October 22, 2012 Kate Aanenson: Yes, the building official has been working with Mrs. Carlson regarding some of those issues, correct. Mayor Furlong: Okay. Alright, thank you. Thank you. Again I don’t want to revisit the public hearing that happened at the Planning Commission. If there’s new information related to the appeal here that given tonight I’d certainly entertain public comment but not looking for a repeat of the Planning Commission public hearing because we do have, and the reason not is pretty simple. We’ve already looked at those comments and read those comments. We have verbatim minutes so is there anybody else that has new information? Mr. Zbinden, good evening. Please state your name and address for the record. Welcome. Marcus Zbinden: I’m Marcus Zbinden. I live at 6460 Bretton Way. Mayor Furlong: Thank you. Marcus Zbinden: And I just want a real quick comment. I wasn’t at the Planning Commission meeting. I’m not sure what was stated there but I just want to agree with what was just said and I’ll leave it at that. I do have some concerns that pretty much are identical with what was just stated here so that’s all I wanted to mention. Mayor Furlong: Okay, we appreciate that. Thank you. Anyone else with additional new comments? Great, thank you everyone. Let’s bring it to council for discussion, thoughts, comments. Really two issues before us as I hear it this evening and if there are more please correct me but one is the use by Greenscapes and the other is the use by the other tenants that have been identified in Ms. Carlson’s email and then with her, the information that she’s provided in terms of the nature of those tenants and their businesses. Thoughts and comments. Somebody start or I’ll start calling on people. Mr. McDonald. Councilman McDonald: Well okay. This is, well it’s rather difficult and yet at the same time it’s pretty clear cut. I guess the thing that I was looking for that I’m not sure I’ve seen is, if we look at a baseline as to intensification, I’m afraid the only baseline that I see is that I can only measure based upon traffic that would have been coming in and out of the property from the other businesses and I just don’t see that with the other businesses so what Greenscapes has done is definitely intensified the traffic. It may only be in the morning and the evening but again that’s when they collide the most with the residents because that’s when kids are going to school and that’s when people are coming home from work. I’m just missing from the applicant that that intensification has been there since either 1986 or 1995, whatever the baseline’s going to be and I just, I don’t see that part of it. I hate to tell her that you know you’re going to lose a tenant and therefore income and I’m not sure what position that puts you in as far as the rest of the property goes but right now from everything I can see and you know the questions that we’ve asked I just, I do see an intensification and it’s just because of the traffic. The issue of contractor’s yard, that’s just a term. Again what I’m looking at is the use of the property and the use on the property. Has that become more intensified to where now it becomes more of a burden to the surrounding area and at this point from what I can see the answer is yes it has. Mayor Furlong: Thank you. Other comments. Councilwoman Tjornhom. 53 Chanhassen City Council – October 22, 2012 Councilwoman Tjornhom: This is a very complex issue I think and it’s very emotional. I can feel it on both sides and so I’m going to proceed cautiously with what I’m saying but I agree with Councilman McDonald about the intensification of usage and that it is an intensification with Greenscapes. And the issue of the use of other tenants, I mean to me it’s pretty black and white that it’s a non-conforming use right now in a residential neighborhood and that’s a problem. I don’t think we’re going to solve that here tonight. I think the applicant needs more time to maybe work out some of those details and work with staff to figure out what her options are because I certainly would hate to take away someone’s income and so my suggestion would be to agree with city staff when it comes to the intensification of Greenscapes but then give the applicant time to work with staff to figure out a resolution to this situation to where the neighborhood and the owner can somehow be in harmony together with whatever, that use of that building is because right now it seems to me that it’s residential and it’s not a residential building and so it would have to be, go back to commercial and I think that’s something that we still need a little bit more time to iron out those details and see if that’s even something that’s workable. Mayor Furlong: Okay, thank you. Councilwoman Ernst, thoughts. Councilwoman Ernst: Before I make my comments, Kate can you tell me so in 1995 this, or is it 1985 when it was zoned as residential? Kate Aanenson: ’86. Councilwoman Ernst: ’86. And so if it was zoned as residential my question is, how did it become what it is today if it’s zoned residential? Kate Aanenson: Because it was, as she stated it was being used as a commercial precision machine shop so when she bought it that’s how it was being used and there was other tenants in there and so the level of those types of uses have changed over time and who’s in there and who’s out and that’s what we’re trying to document. Councilwoman Ernst: So does that in itself make it non-conforming? Kate Aanenson: Yes. Because it’s residential now. Yes. So just to, just non-conforming in general. The goal with non-conforming is at some time they cease to you know exist and something that’s correctly zoned works in that neighborhood so. Councilwoman Ernst: Well, and here’s what I’m struggling with with that. So I’m thinking you know if my husband decided to start rebuilding motorcycles in our garage, is that considered? Would that have to be. Mayor Furlong: Strictly hypothetically. Councilwoman Ernst: What’s that? 54 Chanhassen City Council – October 22, 2012 Mayor Furlong: Strictly hypothetically. Councilwoman Ernst: Yeah, strictly hypothetically, yes. Let me make that clear. But does that mean then that it would have to be rezoned to make it commercial or would that still be residential? Kate Aanenson: No. I think we just saw that last time with some of those accessory structures that people have for, you know if you have outside employees. People have all kinds of hobbies that they do. Working on cars. You know woodworking. Pottery, those sort of things are all associated. I think the complexity I can see kind of where we’re having the divide in my thinking of trying to resolve this in one meeting, I think it may be more prudent to separate the two issues and one, address the intensification now and then give the staff some time to work with the applicant and try to you know go do a little bit more research on some of those uses. Maybe work with the neighborhood and find some reasonable approach if they were to come back and say are these consistent with what some of those non-conforming is and that’s kind of what I’m hearing some of the concern from the council. Councilwoman Ernst: Yeah. Kate Aanenson: And I think if that’s the way to go maybe just separate those out and we can come back at a later date as the City Attorney said and try to resolve some of those to find compatible uses with what would be consistent as we stated in the non-conformity. Councilwoman Ernst: Thank you because that was kind of where I was going to go with that. Kate Aanenson: Okay, I could tell. I think that’s the same thing that Bethany was thinking too in trying to resolve that issue. Councilwoman Ernst: Thank you. Mayor Furlong: Other comments, Mr. Laufenburger. Councilman Laufenburger: Kate, when the, when this area was zoned single family residential in 1986 it obviously was a zoning change. Correct? Kate Aanenson: Correct. Councilman Laufenburger: What was it before that? Kate Aanenson: I don’t know. It might have been agricultural at the time because that Curry Farms went in. There was some, I’m just trying to go back to that map that was. Councilman Laufenburger: There were some horse stables Mrs. Carlson said. Kate Aanenson: Yep. Yep, and they used it for a while there were some of those larger lots were used for that. There’s larger lots in this area. I think what happened at the time when it 55 Chanhassen City Council – October 22, 2012 went residential single family there was an assumption that some of those land, some of those larger lots would be assembled and subdivided and that didn’t happen. Could it still happen? I guess that’s kind of that challenge I think Mrs. Carlson is saying too. Maybe in the short term try to sell that property. When you have vested non-conformity it’s harder to get those uses to change because they don’t want to move somewhere else and that’s some of that level of complexity. You’re trying to find a reasonable use of the property. As we do with interim uses try to give a reasonable use to the property but ultimately when a higher and better use comes in it is economically feasible for those properties to move down the road so the challenge here is to find a way to make that work. Maybe just address the one issue now and then let the staff work and try to find some of those uses that would be consistent and bring that back for your consideration. I think the intent was that these properties, as they said, Mrs. Carlson, Natole’s, that some of these properties would be assembled and subdivided. Councilman Laufenburger: Yeah. I think my mind is thinking a little bit like Councilwoman Ernst. Here’s a property that prior to 1986 was operating, I’m going to use the term, it was okay. I don’t know if it was conforming or legal but it was okay operating as a precision machine shop or a series of shops and all the single family homes were developed around it. And here’s a property owner who wants to continue to operate the way it had been since perhaps as early as the 1950’s or 60’s. I would agree with Councilman McDonald and Councilwoman Tjornhom that Greenscapes is an intensification and I don’t think 3 months would change that. It’s going to be busy next season so I think it’s an intensification and that would be, I would support that decision. But the other property, the other uses that are outlined in the applicant’s email of th October 11, K2 Electric, Lake Country Builders, Custom Charters, Bemm Restoration and Andrew Clark. It would seem to me that we should work with the applicant to figure out how those, the uses, those uses that she has there are consistent in intensity with that which was in place in 1995, which I think is the baseline that we’re referring to. Is that the baseline? Yeah, when Mr. Kirchner went out there and did the inspection. Kate Aanenson: Yep. Councilman Laufenburger: And the issue of whether the building is safe or not safe, that’s not something for the City Council to deal with. Kate Aanenson: Correct. Councilman Laufenburger: I think the use is, I’d like to figure out how we could get those uses in line or agreeable. Kate Aanenson: Agreed, yep. Councilman Laufenburger: That’s my last comment. Thank you Mr. Mayor. Mayor Furlong: Thank you. I think the, I appreciate everyone’s comments and thoughts and we probably have a good path suggested by Councilwoman Tjornhom here for this evening. One comment I think we can take action tonight with regard to Greenscapes and I think in fairness to Ms. Carlson, I think in fairness to Greenscapes as a business in town and others we should take 56 Chanhassen City Council – October 22, 2012 action on that. I think it’s, from the information that’s been presented in the staff report and comments made at the Planning Commission and here tonight, I think it is an intensification of the use and therefore is causing a problem and really in a large fact is one of the reasons why we’re talking about it tonight because when I look back at the list of the other tenants in the building and the dates of their leases initiating, some go back as far as 2002. The most recent with Mr. Clark was in August of 2011 but it was August of 2012 with Greenscapes starting as a lease when this issue came before us and so to me that’s probably one sign, if nothing else that there was an intensification. I’m certainly comfortable and would encourage staff to work with the residents, work with Ms. Carlson to talk about some of the uses. The, and perhaps part of that information is just verifying the information that’s been presented tonight because when I look at the descriptions of the current tenants, which are warehouse uses and storage and workshops, and then compare it to the types of businesses, a precision machine shop, woodworking, which is very similar, and then motorcycle repair, on the surface it appears that there has been, that it is not intensified and in fact gone in the other direction and it’s less in terms of the types of uses but even with the warehouse or storage if there are multiple daily trips to access the goods that are needed just by warehouse by itself or storage by itself, it’s really the frequency with which people are coming and going and I think that’s where I’m hearing a lot of the issues and that’s traffic. Commercial traffic in a residential neighborhood so I’m comfortable giving some time to identify those but I think really that’s going to be the driving factor. What I would hesitate is anything so prescriptive that we have people counting cars coming and going because I don’t think that’s going to ultimately cause the benefit that we’re all looking for which is how can we take a non-conforming use that has been there before the houses were built and people moved in as homes and are looking for a residential neighborhood and somehow find a way to make two uses that are incompatible more compatible and try to work together so I don’t think we’re going to do that tonight. I agree. I think spending some time to do that since the issue has come forward makes sense but I do think it’s appropriate for the council to consider action on the first aspect which is consideration of the, whether or not the Greenscapes Lawn Care is an intensification. If so, would not be allowed. Is that fair from a staff’s standpoint? Kate Aanenson: Yeah, I’ve a couple questions for the City Attorney. Mayor Furlong: Certainly. Kate Aanenson: Since Mrs. Carlson, we did ask for an appeal or if you had an interpretation on the non-conforming uses, there’s a letter to that. I’m not sure we’re on a clock on that. And then secondly the Findings of Fact for the denial of the first did include some of the other uses in there so we may want to modify the Findings of Fact on that. Roger Knutson: Yes and yes. Kate Aanenson: Okay. Mayor Furlong: Is that something we want to do tonight or is that something. Kate Aanenson: Well we can just recommend that we come back with Findings of Fact for the next meeting. 57 Chanhassen City Council – October 22, 2012 Roger Knutson: We’ll bring back Findings of Fact for denial of the one item. Greenscapes Lawn Care at your next meeting. Mayor Furlong: And that’s the first paragraph of the proposed motion and then the second paragraph would tabling that? Kate Aanenson: That’s my question. Mayor Furlong: The appropriate action and is there a timeframe that that needs to be. Roger Knutson: On the first item there is a timeline so. Mayor Furlong: That’s relating with the Greenscapes and we can take care of that this evening. Roger Knutson: Right. You can take care of that this evening. Kate Aanenson: Yep. Roger Knutson: You can move, if you choose to, to deny the appeal to uphold the Board of Adjustment, the Planning Commission’s decision and then direct preparation of findings for your next meeting consistent with denial. Mayor Furlong: And then for the second item we could table that to a future meeting? Roger Knutson: You can table it, yes. Mayor Furlong: And are we working under a timeframe there that we need to bring that back? Roger Knutson: No. Mayor Furlong: Okay, so in a reasonable time period. Kate Aanenson: Yes. Certainly we’ll try to set up a neighborhood meeting. Mayor Furlong: Okay. Alright, thank you. Would somebody like to, if there’s no further discussion would somebody like to make an attempt at that? Kate Aanenson: Let’s see if I can find the right motion here. Whoops. Mayor Furlong: Let’s start with the first motion. Councilman McDonald: Sure, I’ll try. Mayor Furlong: And then this, what’s on the screen right now relates to the. 58 Chanhassen City Council – October 22, 2012 Kate Aanenson: Right. Mayor Furlong: Is consistent with the staff report? Kate Aanenson: Yeah, except for we want to take out adopt to say prepare the Findings of Fact. Mayor Furlong: And to make it, okay. And the Board of Appeals and Adjustments, just for clarification before we receive a motion, that only dealt with the Greenscapes Lawn Service. Kate Aanenson: That’s correct. Mayor Furlong: Or lawn care use. Kate Aanenson: That’s correct. Mayor Furlong: Thank you. Mr. McDonald, recognized for a motion. Councilman McDonald: Okay. I make the motion that the Chanhassen City Council affirms the Board of Appeals and Adjustments determination relating to Greenscapes and to provide the Findings of Fact and just the Findings of Fact. Mayor Furlong: Okay, let’s start with that as a single motion. Is that sufficient Mr. Knutson? Roger Knutson: That’s find. Just so we’re clear that’s, you’re directing staff to prepare Findings of Fact and bring them back to your next meeting. Councilman McDonald: And bring them back next meeting, yep. Mayor Furlong: Thank you. On this action is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on this motion? Hearing none let’s proceed with the vote. Councilman McDonald moved, Councilwoman Ernst seconded that the City Council affirms the Board of Appeals and Adjustment’s determination relating to Greenscapes Lawn Care and direct staff to prepare Findings of Fact to bring back at the next City Council meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Let’s go to a second motion now which would be a motion to table I think would be in order. Councilman McDonald: I make a motion that the Chanhassen City Council table, I’m losing my motion. That the City of Chanhassen tables a determination that K2 Electrical Services, Lake 59 Chanhassen City Council – October 22, 2012 County Builders, Custom Charters and Bemm Restoration are not uses in the public interest and that staff bring back to City Council findings so that we can make a determination in the future. Councilwoman Ernst: Second. Mayor Furlong: Thank you. Motion to table is generally not discussable but I would ask if there’s any questions on clarification to the motion. Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes. th Councilman Laufenburger: In the applicant’s October 11 email the business Andrew Clark was mentioned but it’s not mentioned in this proposed motion. Mayor Furlong: Thank you. Councilman Laufenburger: Ms. Aanenson, can you clarify that for us? Kate Aanenson: Sure, I think our goal is to, from what I heard the council was to try to find some like minded uses. One, to get the level of intensity and try to find a like minded uses that would be acceptable to the council and to the neighborhood to consider as that kind of that list of uses of, that would be. Mayor Furlong: Like minded or less intensity. Kate Aanenson: Yes. Mayor Furlong: I think point of clarification though from Mr. Laufenburger which is appropriate. The staff, the motion that Mr. McDonald you read did not include. Councilman Laufenburger: Andrew Clark. Mayor Furlong: Andrew Clark which we confirmed with Ms. Carlson is still there so Mr. McDonald if you could just add that to, are you comfortable adding that to your motion? Councilman McDonald: …I accept that. Mayor Furlong: Yeah, and Councilwoman Ernst? Councilwoman Ernst: I will accept. Mayor Furlong: Thank you. Thank you for clarifying that. Any other points of clarification or questions? If not we’ll proceed with the vote on the motion to table that’s been seconded. 60 Chanhassen City Council – October 22, 2012 Councilman McDonald moved, Councilwoman Ernst seconded that the City Council tables a determination that K2 Electrical Services, Lake Country Builders, Custom Charters, Bemm Restoration and Andrew Clark are not uses in the public interest and direct staff to prepare Findings of Fact to make a determination in the future. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Appreciate it and please continue to work with city staff as you can. COUNCIL PRESENTATIONS. Mayor Furlong: Council presentations. Thank you everyone. Appreciate you coming. Council presentations this evening? Councilman McDonald: Well I guess the only thing I would bring up was that, as the fire department reported the open house did go quite well and it was a lovely day and the chili and the hotdogs were as good as ever. Mayor Furlong: Thank you. I would too respond, and this is in addition to the comments made about the Beyond the Yellow Ribbon proclamation that we passed earlier this evening. I made th mention there of the service members appreciation breakfast which is on November 10 by the group and I would, want to make sure that people realize that the public is invited to that and so if, as we look at getting the word out on the proclamation, whether through the paper or some other means, if they can make sure that there is, that people have access to attend that breakfast if they so desire. And again congratulations to the group and to all our service members and thank you. Other council presentations? If none, administrative presentations Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Mayor, City Council members just, and public, make you aware that when we established our regulation City Council agenda, or meeting times that we recognize Veteran’s thth Day on November 12 and moved our regulation council meeting to November 13, and that’s a Tuesday. The City Council at that time will also be canvassing election results at our 5:30 work session so you would convene as the Canvassing Board at that time so prior to our regular work th session you would canvas the election results and that’s on November 13 at 5:30. Mayor Furlong: Thank you. Todd Gerhardt: Also sent out a notice but just publicly wanted to recognize Karen Engelhardt, our office manager here for the City of Chanhassen. She just celebrated 40 years of service with the City of Chanhassen and she’s just done a fantastic job in managing this city basically. She’s been here since she was 18 years old and. Mayor Furlong: I thought it was 5. Todd Gerhardt: 6, yeah. 61