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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