CC Staff Report 06-10-2013CITY OF
CAAhHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
3
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: June 10, 2013 dl'
SUBJ: Variance to Construct a 7,120 square -foot Accessory Structure
760 West 96th Street — Planning Case #2013 -11
PROPOSED MOTION
"The Chanhassen City Council denies the variance request to construct a 7,120
square -foot accessory structure and adopts the Planning Commission's
Findings of Fact."
City Council approval requires a majority vote.
EXECUTIVE SUMMARY
The property owner is requesting a variance to construct a 7,120 square -foot
accessory structure for the storage of hay and agricultural equipment. There currently
exists on the property a 10,240 square -foot agricultural building. On the applicant's
property immediately to the east of this site, there is an additional 9,960 square feet of
accessory structures. This would give a total accessory structure square footage of
20,912 square feet.
PLANNING COMMISSION SUMMARY
The Board of Appeals and Adjustments held a public hearing on May 21, 2013 to
Planning & review the request. The Board approved a motion to den the variance b a vote of 5 for
Natural Resources �1 PP y y
Phone: 952.227.1130 and 2 against. For a Board decision to be final, an affirmative vote of three- fourths
Fax: 952.2271110 (75 %) of the members present is required. Since this vote represents only a 71 percent
vote, the motion acts as a recommendation to City Council.
Public Works
7901 Park Place
The Planning Commission's primary concern regarding the variance was that the
Phone: 952.227.1300
property owner is currently using at least part of the existing storage buildings for
Fax: 952.227.1310
contractor equipment storage.
Senior Center
Phone: 952.227.1125
RECOMMENDATION
Fax: 952.227.1110
Staff recommends denial of the variance request.
Web Site
www.ci.chanhassen.mn.us
ATTACHMENTS
Planning Commission Staff Report Dated May 21, 2013.
g:\plan\2013 planning cases\2013 -11 wmm variance -760 west 96th street \executive sununary.doc
Chanhassen is a Community for Life - Providing for Todayand Planning tor Tomorrow
CITY OF CHANHASSEN
y �
ANH ASS
PC DATE: May 21, 2013
CC DATE: June 10, 2013 (if necessary)
REVIEW DEADLINE: June 18, 2013
CASE #: 2013 -11
BY: RG
PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments denies the variance request to construct a
7,120 square -foot accessory structure and adopts the attached Findings of Fact and Decision."
SUMMARY OF REQUEST: The developer is requesting a variance from Section 20-
904(a)(1) of the Chanhassen City Code to construct an accessory structure in excess of 1,000
square feet (7,120 square feet).
LOCATION: 760 West 96th Street (PID 25- 0261610)
APPLICANT: Chuck Worm
760 West 96th Street
Chanhassen, MN 55317
(952) 212 -2874
PRESENT ZONING:
2020 LAND USE PLAN:
ACREAGE: 7.8185 acres
Agricultural Estate District (A -2)
Residential Low Density
DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in
approving or denying a variance is limited to whether or not the proposed project meets the
standards in the Zoning Ordinance for a variance. The City has a relatively high level of
discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi - judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL /SUMMARY
The property owner is requesting a variance to construct a 7,120 square -foot accessory structure
for the storage of hay and agricultural equipment. There currently exists on the property a
10,240 square -foot agricultural building. On the applicant's property immediately to the east of
this site, there is an additional 9,960 square feet of accessory structures. This would give a total
accessory structure square footage of 20,912 square feet. The applicant has stated that he is
trying to consolidate his fanning equipment on the site. Currently, some of the equipment is
stored at his son's property approximately six miles away. The applicant has also stated that the
intent of the use of the building is strictly for his agricultural operation, storing farm equipment
and hay within the structure and not for the contracting business. If the applicant limits the use
of the accessory structures to agricultural uses, there should be sufficient storage area for
agricultural purposes.
Planning Commission
760 West 96th Street Variance Request
May 21, 2013
Page 2 of 6
The properties to the north, south, east and west of the subject property are zoned Agricultural
Estate District (A2). Access to the site is via West 96th Street.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article X, "A -2 ", Agricultural Estate District
Chapter 20, Article XXIII, Division 1, Section 20 -904, Accessory Structures
On May 10, 2004, the City approved an Interim Use Permit (Planning Case #2004 -12) to allow a
horse riding academy located at 760 West 96th Street subject to the following conditions:
1. Adhere to the standards of Chapter Five (5) "Animals ", and Article Three (3) "Horses" of the
Chanhassen City Code.
2. Adhere to the standards of Section 20 -383 (General Issuance Standards) of the Chanhassen
City Code.
3. The Interim Use Permit would expire upon the site being served by municipal services.
Annually, renewable June 1, a stable permit must be issued for the continued use of the site for
horses.
In researching the property,
staff discovered that a
contracting business is
associated with this location:
Chucks Excavating, Inc.,
www.chucksexcavating.com.
According to their website,
the business was established
in 1995. The picture at right,
from the web site, shows
some of the contracting
equipment on the subject
property.
On August 20, 1984, the City amended the zoning ordinance to allow contractor's yards as a
conditional use in the R -1 a, Agricultural Residence District. At that time, all contractors' yard
owners were contacted regarding the amendment and required to apply for conditional use
permits. On May 22, 1989 as part of Ordinance #103, contractor's yards were deleted as a
conditional use in the A -2 and BF district regulations, thus ending the short time period in which
the use was permitted on property other than Industrial Office Park.
Planning Commission
760 West 96`h Street Variance Request
May 21, 2013
Page 3 of 6
ANALYSIS
The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square
feet. This ordinance limiting the area of accessory structures in Agricultural Districts was
adopted in May of 2007 in response to contractors purchasing property and building accessory
structures to house their businesses. City Code prohibits the use of accessory structures for home
occupations.
At the time of the ordinance amendment, there were discussions regarding reasonable requests
for structures in excess of 1,000 square feet to be used for a legitimate agricultural use.
Minnesota State Statute 17.81 — Definitions, Subdivision 4 defines agricultural use as "use of
land for the production of livestock, dairy animals, dairy products, poultry and poultry products,
fur bearing animals, horticultural and nursery stock which is under chapter 18H, fruit of all
kinds, vegetables, forage, grains, bees, and apiary products. " It was decided after the
discussions that requests for accessory structures in excess of 1,000 square -feet would be
reasonable if based on a legitimate agricultural use. The stated intended use of the accessory
structure to be located on the subject property is for storage of hay and farm equipment;
therefore, it would be considered a legitimate agricultural use. However, the applicant also runs
a contracting business for excavating and grading. Once the building is constructed, it will be
difficult or impossible for the city to regulate that the buildings are not used for the commercial
excavating business instead of the approved riding academy and agricultural use.
Staff reviewed city records to determine if any structures in proximity to the subject site were
constructed after the accessory structure limitation was adopted in 2007. In December of 2007,
the Planning Commission approved a 177 square -foot variance to exceed the 1,000 square -foot
maximum for accessory structures. The variance was to allow for a 452 square -foot addition to
an existing 725 square -foot detached garage. In 2012, City Council approved variances for 620
West 96`h Street structure to construct a 2,560 square -foot accessory structure and 720 West 96a'
Street to reconstruct and expand by 520 square feet an existing accessory structure, which is a
40 -foot by 37 -foot building with a 40 -foot by 8 -foot covered walkway /lean-to area (1,800 square
feet total).
There was also a structure constructed sometime after 2005, without record of a building permit.
It is unclear if this structure was constructed before or after the adoption of the zoning ordinance
in 2007.
Planning Commission
760 West 96a' Street Variance Request
May 21, 2013
Page 4 of 6
PC 2012 -12, variance for a 1,800
Project site sq. ft. accessory structure
Al -K
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Pianpr3 TraA
PC 2007 -28, variance for 1,177 sq.
ft. accessory structure
PC 2012 -10, variance for 2,560
sq. ft. accessory structure
Structure constructed
8 after 2005, no permit
The existing driving surface will provide vehicular access to the proposed building. The
proposed location will require some grading. The existing drainage patterns must be maintained.
The proposed grading must be shown with the building permit application.
The applicant has indicated that he may install some retaining walls to minimize the grading
impact. The applicant is aware that retaining walls over 4' high must be designed by an engineer
and requires a Building Department permit. Any retaining wall under 4' requires a zoning
permit.
In conjunction with the building permit application, the applicant will need to revise the survey to
show and calculate the hard surface coverage of the site. This calculation should include not only
the building, but the compacted area of the property used for vehicle access and circulation. The A-
2 district permits a maximum site coverage of 20 percent.
Planning Commission
760 West 900 Street Variance Request
May 21, 2013
Page 5 of 6
As can be seen from the above aerial photo, this neighborhood has a preponderance of accessory
structures in excess of 1,000 square feet. Staff is concerned with the large size of the structure.
Between the existing storage building on the property as well as an estimated additional 9,960
square feet of buildings on the property where the Worm's home is located, what is the
appropriate amount of accessory structures necessary for the horse operation? As a comparison,
the Degler farm, located at the southeast corner of Lyman Boulevard and Adubon Road, which is
located on 40 acres, has a total of 38,155 square feet of accesory structures. At what point do the
sizes of the accessory structures create a concentration of properties that in the future may be
used for business operations rather than storage for agricultural of residential uses? Does the
City, by permitting the construction of these large accessory structures, create investment- backed
expectations that these structures will be used for commercial businesses, rather than as a
residential accessory use. This concern originates from the possibility that home occupations
may be conducted out of accessory structures. Home occupations are a common cause of
complaint from residents. They often create an excess in parking, traffic and noise. Additionally,
the use of the property as a riding academy will end when sewer and water are available to the
property. However, the large accessory structure will remain.
As the property is less than ten acres the agricultural exemption from building code requirements
does not apply. Building permit(s), plan review and approvals are required for the proposed
building.
Planning Commission
760 West 96d' Street Variance Request
May 21, 2013
Page 6 of 6
RECOMMENDATION
Staff recommends that the Board of Appeals and Adjustment deny the variance and adopt the
attached Findings of Fact and Decision. Should the variance be approved, staff recommends that
the following conditions be added:
The building may only be used for agricultural or residential storage and not for business
operations or storage.
2. Building permit(s), plan review and approvals are required for the proposed building.
3. Maintain existing drainage patterns.
4. The proposed grading must be shown with the building permit application.
5. A zoning permit is required for any retaining wall under 4 feet high.
6. Any retaining wall 4 feet high or taller must be designed by an engineer and requires a
Building Department permit.
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Picture and Narrative.
4. Pictures of Hayfields, Tractor and Bailer and Tractor and Hay Wagon.
5. Schematic South and North Building Elevations.
6. Schematic East and West Building Elevations.
7. Schematic and Topography of Potential Building.
8. Survey for Chuck Worm.
9. Public Hearing Notice and Mailing List.
g: \plan\2013 planning cases\2013 -11 wom variance -760 west 96th stree6wom staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Chuck Worm for a variance from the 1,000 square -feet accessory structure
limitation to allow for a 7,120 square -foot accessory structure on property zoned Agricultural Estate
District (A2) — Planning Case 2013 -10.
On May 21, 2013, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District (A2).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is as follows:
All that part of the South one -half of the Northeast Quarter of Section 26, Township 116,
Range 23 described as follows:
Commencing at a point in the South line of said South one -half of the Northeast Quarter,
distant 330.79 feet West of the Southeast corner thereof; thence Northerly parallel with
the East line of said Southeast one -half of the Northeast Quarter a distance of 512.47 feet
to the point of beginning of the tract of land to be described; thence Westerly parallel
with the South line of said South one -half of the Northeast Quarter a distance of 425.00
feet; thence Northerly parallel to said East line a distance of 800 feet more or less to the
North line of said South one -half of the Northeast Quarter; thence Easterly along said
North line a distance of 425 feet more or less; thence Southerly along said parallel line to
the ponint of beginning. Cont. 7.82 acres.
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The subject site is zoned Agricultural Estate District (A2). The purpose of the
request is to exceed the 1,000 square -foot accessory structure limitation to provide
additional storage for hay and farming equipment. There currently exists a 10,240
square -foot shed on the property. This structure is being used for business storage and
not only for agricultural uses; therefore, it is not keeping in harmony with the general
purpose and intent of the A2 district. Additionally, the property next to this site, which is
also owned and used by the applicant, contains approximately 9,960 square feet of
accessory buildings. The agricultural uses could be consolidated in the existing shed.
b. When there are practical difficulties in complying with the zoning ordinance. 'Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: Currently, the property owners have reasonable use of the subject property
within the Agricultural Estate District, A2, as a riding academy with a 10,240 square -foot
shed. Literal interpretation of the code does not constitute a hardship or practical
hardship.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for hay and farm equipment storage.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The owner has a riding academy and 10,240 square -foot storage shed on the
property. This does not constitute a unique hardship not created by the landowner since a
structure in excess of 1,000 square feet exists on the site.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: There are several properties in proximity to the subject property that have
accessory structures in excess of 1,000 square feet. These accessory structures were
constructed prior to the 2007 ordinance amendment limiting accessory structure size and
are considered to be legal nonconformities. The City has also granted variances for two
structures in excess of 1,000 square feet in 2012. However, this area is guided for
residential low density uses in the future. Such uses do not require accessory structures
in excess of 1,000 square feet.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2013 -10, dated May 21, 2012, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment,
denies Planning Case #2013 -10 a variance from the 1,000 square -foot accessory structure
limitation to allow a 7,120 square -foot accessory structure on property zoned Agricultural Estate
District, A2."
ADOPTED by the Chanhassen Planning Commission this 215` day of May, 2013
CITY OF CHANHASSEN
Chairman
PLEASE PRINT
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
Applicant Name and Address:
0_1-iuek WioRr.
7(oo t,J 91614 sr CA-an Mx)
Contact:
Phone:q,Q ala-_797y Fax:TQ y9ti a29r%S
Email:
16 �
Planning Case No. e71613 `iI
CITY OF CHANHASSEN
RECEIVED
APR '1 9 2613
CHANHASSEN PLANNING DEPY
Property Owner Name and Address:
C Ayek,t Sdmidie Lt)er"
_-7mo t.1 q04 sr !'Ag„ W1nl esar�
Contact: ck a�
Phone:152 51k ,M Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (]UP)
Non - conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right -of- Way /Easements (VAC)
(Additional recording fees may apply)
Y Variance (VAR) 2-00
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $2 0
(City to install and remove)
X Escrow for Filing Fees /Attorney Cost **
- jg�Tl?UP /SPR/VAC/VAR/WAP /Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ v/ Qti
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Five (5) full -size folded copies of the plans must be submitted, including an 8 %" X 11" reduced
copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.ffl format.
* *Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT N
LOCATION:
LEGAL DESCRIPTION AND PID: +Y -Ze ®- �cl�Il�I0
.a�31�ooQ ® ea,� 'ssen ad Lot -'�z 9 ).-,ck 7
TOTALACREAGE:
WETLANDS PRESENT: YES }C NO
PRESENT ZONING:�SfczlS��
REQUESTED ZONING: �ZI -Istcl
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
FOR SITE PLAN REVIEW: Include number of existing employees: and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Signature of Applicant Date
Signature of Fee Owner
g:\plan\forms \development review application.doc
Date
SCANNED
Isiiii.5. .. uo
Reasons for another pole building
I like the area where I live and would like to stay here
More farm equipment purchased since the last building was built
I do not like my equipment out in the sun or rain when not being used
Cost of equipment has risen and is worth having a roof over its head
My equipment has gotten longer and my hay loads have gotten higher
With hay you have to be ready if the weather changes you have a roof
over your hay and equipment
Thanks Chuck
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That I em a duly Registered Lend Surveyor under the Laws of the Stet. of Minnesota.
Dated,p91L 12 2013 i464 GINR CEIVED SEN RECEIVED APR 1 9 2013
Mlnne seta Registration No. 17009
CHANHASSEN PUNNING DEPT 855 Barn..<L.ke'lDrive,
p1 Norwood Young Amarica, Mo. 55397
�0 TinE �PIhH N �L Q \S EE n b PTF Phone , 952 495 -4027
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
May 9, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 760
West 96th Street Variance — Planning Case 2013 -11 to the persons named on attached Exhibit
"A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing
the envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this COh day of MA 2013.
Notary Pub 'c
Ur
Kdren J. E tj ardt, e uty Clerk
JWK IM T. MEUWSSEN
Notary Public- Minnesota Commission Expires Jen 31, 2015
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BRADLEY C WORM CHARLES E & SANDRA R WORM DAVID D & STEPHANIE J VIEAU
750 96TH ST W TRUS 901 HOMESTEAD LN
CHANHASSEN MN 55317 -8603 760 W 96TH ST CHANHASSEN MN 55317 -8609
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731 96TH ST W
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