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Letter to Naomi Carlson 04-03-20131 ;)- -13 April 3, 2013 CITY OF Ms. Naomi Carlson CI�ANHASSEN 5955 Cathcart Drive Excelsior, MN 553317 7700 Market Boulevard PO Box 147 Re: Nonconforming Uses — 6411 Bretton Way Chanhassen, MN 55317 Phone: 952.227.1160 Dear Mrs. Carlson: Administration 2. Phone: 952.227.1100 This letter is to confirm that on March 11, 2013 the Chanhassen City Council Fax: 952.2271110 approved the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Finance Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace Building Inspections the former nonconforming uses subject to the following conditions, and directs staff to Phone: 952.227.1100 use the following performance standards as a guide to the continuing use of the building. Fax: 952.227.1190 Engineering 1. The City shall be notified when a tenant vacates the building. Phone: 952.227.1160 Fax: 952.227.1170 2. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by city Finance council Phone: 952.227.1140 Fax: 952.227.1110 3. Any other use must be submitted to City Council for approval of changes in use. Park & Recreation Phone: 952.227.1120 Performance Standards: Fax: 952.227.1110 • The business shall be conducted entirely within the building. Recreation Center 2310 Coulter Boulevard • Office use is permitted. Phone: 952.227.1400 • Artist studios are permitted. Fax: 952.227.1404 • Woodworking shop is permitted. • Indoor storage for small business is permitted. Planning & Natural Resources • Outdoor storage of materials and equipment is prohibited. Phone: 952.227.1130 • No mechanical or electrical equipment requiring the use of voltage in excess of Fax: 952.2271110 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would Public works normally be expected in a residential neighborhood. 7901 Park Place Phone: 952.227.1300 . No more than two parking spaces per business shall be permitted. Fax: 952.227.1310 • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. Senior Center • Exterior parking of one trailer per business is permitted. Phone: 952.227.1125 . Parking of commercial vehicles in excess of 22 feet in length is prohibited. No Fax:952.2271110 commercial vehicles in excess of 9,000 pounds gross weight shall be used in Web Site connection with the business or parked on the property. www.ci.chanhassen.mn.us • Vehicle parking shall be limited to the existing, compacted gravel parking area on site. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Ms. Naomi Carlson April 3, 2013 Page 2 Please note that you will need to inform the city whenever a tenant vacates the building. Additionally, you will need to notify the city of new lessees prior to them occupying the building. All uses must meet the standards above. As a separate issue, the City maintains a list of properties that are available for development Opportunities. If you would like, we could add this property to the list. The list mere y shows where the property is located, the zoning and land use for the pro information to either the property owner or their representative perty and provides contact for individuals to contact if they are interested in the property. Please let me know if you would like to be added to the land inventory. If you have any questions or need additional information, please contact me at (952) 227 -1131. Sind Robert Generous, AICP Senior Planner Attachment: Resolution 2013 -20 dated March 11, 2013 g:\plan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlsoh \cc decision letter.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 11, 2013 RESOLUTION NO: 2013 -20 MOTION BY: McDonald SECONDED BY: Tiornhom A RESOLUTION APPROVING NONCONFORMING USES AT 6411 BRETTON WAY WHEREAS, Naomi Carlson has requested a determination of nonconforming uses on property located at 6411 Bretton Way — Planning Case #2012 -13; and WHEREAS, the legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2nd Addition; and WHEREAS, the property is guided in -the Chanhassen Comprehensive Plan for Residential Low Density Uses; and WHEREAS, the property is zoned Single - Family Residential District, RSF; and WHEREAS, commercial or industrial uses are not permitted conditional or interim uses in the Single- Family Residential District; and WHEREAS, prior to the rezoning of the property to RSF and subsequent to that rezoning, the building has been utilized for assorted machining and manufacturing businesses including woodworking shops, small part painting and motorcycle repair; and WHEREAS, 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; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby 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. City Council approves the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace the former nonconforming uses subject to the following conditions, and directs staff to use the following performance standards as a guide to the continuing use of the building. Conditions: 1. The City shall be notified when a tenant vacates the building. 2. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by city council. 3. Any other use must be submitted to City Council for approval of changes in use. Performance Standards: • The business shall be conducted entirely within the building. • Office use is permitted. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business 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. • Exterior parking of one trailer per business is permitted. • 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 business or parked on the property. • Vehicle parking shall be limited to the existing, compacted gravel parking area on site. Passed and adopted by the Chanhassen City Council this 11'h day of March, 2013. ATTEST: Tod Gerhardt, City Manager YES NO Furlong Tjomhom Ernst McDonald Laufenburger Thomas A. Furlong, Mayor ABSENT