Findings of Fact & Decision Letter 11-28-20120
November 28, 2012
CITY OF
Appeal Nonconforming Use of Property
C luu�llttwSE
Naomi Carlson
7700 Market Boulevard
5955 Cathcart Drive
PO Box 147
Excelsior, MN 553317
Chanhassen, MN 55317
Park & Recreation
Phone: 952.227.1120 Cor
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400 Robert Generous, AICP
Fax: 952.227.1404 Senior Planner
Planning & ec: Kate Aanenson, Community Development Director
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110 Enclosure
g: \plan\2012 planning cases\2012 - 13 6411 bretton way zoning appeal carlson \findings of fact letter.doc
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
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Re: Findings of Fact and Decision
Administration
Appeal Nonconforming Use of Property
Phone: 952.227.1100
Planning Case 92012 -13
Fax: 952.227.1110
Dear Mrs. Carlson:
Building Inspections
Phone: 952.227.1180
On November 13, 2012, the City Council adopted the attached Findings of Fact and
Fax: 952.227.1190
Decision regarding the lawncare business. This document is in conjunction with their
Engineering
decision on October 22, 2012, which affirmed the Board of Appeals and
Phone: 952.227.1160
Adjustments'• decision that Greenscapes Lawncare is an illegal intensification of the
Fax: 952.227.1170
use of the property at 6411 Bretton Way. I am providing this document for your
records.
Finance
Phone: 952.227.1140
Fax: 952.227.1110
If you have any questions or need additional information, please contact me at (952)
227 -1131 or bgenerousAci.chanhassen.mn.us
Park & Recreation
Phone: 952.227.1120 Cor
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400 Robert Generous, AICP
Fax: 952.227.1404 Senior Planner
Planning & ec: Kate Aanenson, Community Development Director
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110 Enclosure
g: \plan\2012 planning cases\2012 - 13 6411 bretton way zoning appeal carlson \findings of fact letter.doc
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
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)
1�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. 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
BY:
Mayor
g: \plan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \findings of fact and decision.doc
2