Resolution 2013-20 Approving Nonconforming Uses at 6411 Bretton WayCITY 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 I I°i day of March, 2013.
ATTEST:
OA- Ja-
Todd'Gerhardt, City Manager
YES
Furlong
Tjornhom
Ernst
McDonald
Laufenburger
Thomas A. Furlong, Mayor
NO ABSENT
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