CC Minutes 06-10-2013Chanhassen City Council – June 10, 2013
19.If the existing driveway does not meet the 7-ton design standard, the developer must install
the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets
this specification.
20.The driveway easement shall be recorded as a separate document; all references to the
driveway easement shall be removed from the preliminary plat.
21.The grading plan must be revised so that the grades do not exceed 3H:1V.
22.A permit is required from MnDOT to install the sewer and water services as well as grading
in the right-of-way.
23.The City must be notified a minimum of 72 hours before the sewer and water services are to
be installed.
24.The sewer and water service connections must be inspected and approved by the City.
25.The developer must submit an escrow for the necessary boulevard restoration associated with
the service installation.
26.Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the
Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance
with the City Code at the rate in effect at the time.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
REQUEST FOR A VARIANCE FROM SECTION 20-904(A)(1) OF CHANHASSEN CITY CODE
TO CONSTRUCT AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQ. FT. ON
PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A-2); LOCATED AT 760 WEST
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96 STREET; APPLICANT: CHUCK WORM.
Kate Aanenson: Thank you Mayor, members of the City Council. This item also appeared before the
st
Planning Commission on May 21. It did not receive the affirmative vote of three-fourths. It was a 5 to 2
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vote so therefore it automatically goes to you for a recommendation. As you stated it’s 760 West 96
Street. The property had received in the past a conditional use for riding stable so there’s a riding stable
on a portion of the property and then a contractor’s business is run out of here and then also some of the
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hay is stored in the other building on the site. This is on the end of a, of West 96 Street. The request
again is for a variance to construct a 7,120 square foot accessory structure for storage of hay and
agricultural equipment. There currently exists on the property a 10,240 square foot accessory building
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and an additional 9,960 square foot accessory structure for the total of 20,912. So on May 10, as I stated
earlier, in 2004 the City approved an interim use to allow for the riding academy and annually renewable
stable permit for continued use of the riding stable so and, then also there is a Chuck’s Excavating in one
of the other businesses, the other structure on the site. So oops, going the wrong way. So this is the
proposed, this is where some of the contractor’s yard, the riding stable so we had given, the council did
give approval for some accessory structures in this area. One was for property that had collapsed. A
building that had collapsed and the applicant wanted to modify that for some runoff. The other one the
applicant had proposed a storage unit but hadn’t built it on the property. Had kind of graded it and waited
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Chanhassen City Council – June 10, 2013
a few years before he came in so the council did approve that 2,560 square foot accessory structure and
then there was one built on the property without a permit. And then there was another one built over,
over here for 1,000. That would be off of Homestead Lane. 1,177 so this one is significantly larger than
those. So here’s kind of accumulation of some of those in the area of the summary of the square footage
in the area. Again this is an agricultural area. There are some of these, and we talked about it in the past
have been used for other types of storage. We did say if it’s for agricultural, for horses we had
recommended those. I know the applicant has stated that he does do haying and stores some of the hay
and provides hay for other people in the area too so our concern was that if some of the contractor’s yard,
storage wasn’t in there that maybe there might be additional space in the current building is our rational
basis on that. Again the Planning Commission didn’t have the super majority of the three-fourths so this
item comes before you so the, we’ll be putting the same motion in to the City Council which was the
excess . Denial of the excess of the 1,000 square feet. And with that I’d be happy to answer any
questions that you may have.
Councilman McDonald: Excuse me, can you go back to the statement you made about if he took some
stuff of one of the structures?
Kate Aanenson: Yeah, there is a.
Councilman McDonald: What’s in there?
Kate Aanenson: An excavating business.
Councilman McDonald: Okay, so he’s running a business off of this?
Kate Aanenson: Back then, when we talked about some of these business, buildings up in here there was
businesses. You remember the one that had the collapsed structure. He had a business in there for a
while but is no longer using it for that and so when he wanted to rebuild he wanted to use it for storage of
antiques and the like so.
Mayor Furlong: Okay, questions? Other questions at this point.
Councilman Laufenburger: I do.
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Kate, looking at this aerial photo you have in front of us, can you tell us how
many of those north/south rectangles belong to the applicant?
Kate Aanenson: Yes. This one.
Councilman Laufenburger: Yep.
Kate Aanenson: And this one.
Councilman Laufenburger: Okay, so it’s the two that are adjacent.
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay. And it’s on the smaller of the, there. That one right there, that the
9,600 is on.
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Chanhassen City Council – June 10, 2013
Kate Aanenson: That’s correct. Right.
Councilman Laufenburger: What are you, can you tell me what, is that the accumulated square feet of all,
what looks to be three structures?
Kate Aanenson: Yes. Yes.
Councilman Laufenburger: Is that right? Okay. Alright. And the other, on the western property, that
building is a singular structure of over 10,000 square feet.
Kate Aanenson: Correct. And the new one.
Councilman Laufenburger: And do we know what’s in that structure?
Kate Aanenson: That’s what I was saying. There is some hay in there and it’s our understanding there’s
also some equipment in there too.
Councilman Laufenburger: Equipment. Farming equipment or excavation equipment?
Kate Aanenson: I’ll let the applicant answer that question.
Councilman Laufenburger: Okay. So, and how about the 9,950 square feet in the eastern property, do we
know what that is being used for?
Kate Aanenson: That’s part of the horse operation. Riding academy.
Councilman Laufenburger: Okay. Okay. And then a home, the home is also on that narrower, right
there.
Kate Aanenson: That’s correct.
Councilman Laufenburger: Okay. Thank you Kate.
Mayor Furlong: Other questions for staff at this time? If not, is Mr. Worm here? If you’d like to address
the council. Good evening.
Chuck Worm: Good evening. I’m Chuck Worm. I’m here for the, to get hopefully another building
possibly built for a variance. I’ve been there since 1987 and we’ve been doing our hay farming even
previous before I built the residence at where I live right now. Over the years of course we you know got
more equipment and stuff like that and we were making 20,000 bales. Small square bales of hay and now
we probably make about 10,000 but now we make probably 300 to 400 round bales which are sized 4 by
6 in size and so we just, we do have a family owned and operated excavating business out of there with
my son living on the western edge of Chaska where we do have a conditional use permit for a building
out there so with that we do store equipment back and forth. Farm equipment. Excavating equipment at
both places. We always for the storage in the past years we rented farm buildings. Two barns just west
of me a half mile, well one of them got torn down a couple years ago and the other one is abandoned now
and not able to use and we just keep losing these farm buildings for storage and I’ve just got to keep
going further away and further away. So I don’t plan to move yet, as of now. If I knew my property was
in possible development in the near 3 to 5 years or something I wouldn’t be here for this but I’ve got a
neighbor, Tim Erhart which adjacent my property and he at this time doesn’t have no intentions for
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Chanhassen City Council – June 10, 2013
development. So the only way I could develop is if he did so right now I’m just, the equipment we got,
the big building on the 8 acre parcel we built to accommodate the equipment and everything that was, I
think we built that about 12 years ago but now with losing the barns and all this stuff, it’s tough to find
rental place or storage for the hay so. We do rent hay from the Minnesota Arboretum. There’s 86 acres
out there and surrounding areas. Chaska, Victoria and Chanhassen here too. I find parcels of hay to make
so I’m still doing a fair amount of hay and stuff so but just.
Mayor Furlong: How many acres of hay do you farm?
Chuck Worm: We probably got probably about 100 acres this year.
Mayor Furlong: So 86 at the Arboretum and then another 14.
Chuck Worm: 86 yep plus another probably 50, yeah.
Mayor Furlong: Okay, so closer to 140-150.
Chuck Worm: Yeah. Yeah.
Mayor Furlong: Okay.
Chuck Worm: And I know they did in the paper here. In the report they compare, you know do a
comparison with Gayle Degler which is a farmer nearby me too. Gayle Degler, he makes some hay but
he don’t run around and make hay like I do. He does crop farming. He’s got grain bins. Easy storage.
It’s a little more, what I do, it takes storage. You know it takes buildings to do it and I don’t, at small
square bale of hay just last week at $12.50 a bale, I’m about to store it outside and that’s a big factor too
in having quality material. Hay.
Councilman Laufenburger: Mr. Mayor?
Mayor Furlong: Yes, Mr. Laufenburger.
Councilman Laufenburger: Mr. Worm, this property that we’re looking at here. Let’s just call that the
western rectangle where that must be where you do your horse academy, right?
Chuck Worm: Yeah.
Councilman Laufenburger: Okay. Are you haying any of this property?
Chuck Worm: We’re haying just south of that one.
Councilman Laufenburger: South of the building.
Chuck Worm: Big building, yeah.
Councilman Laufenburger: And that hay is stored in the 10,000 square foot building.
Chuck Worm: Yes.
Councilman Laufenburger: So you’re bringing hay from the other locations, the 86 and the 50 to this
location to store it inside.
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Chanhassen City Council – June 10, 2013
Chuck Worm: Yes.
Councilman Laufenburger: Because you have this as a location to store it right?
Chuck Worm: Yeah, because it’s my own.
Councilman Laufenburger: Okay. And the other, I think I’ve seen a Chuck’s Excavating Sign on what
used to the Creek Road.
Chuck Worm: County Road 10.
Councilman Laufenburger: Yeah, by the railroad track.
Chuck Worm: Yes.
Councilman Laufenburger: Okay. So is there no storage area there?
Chuck Worm: I’ve got storage there. I mean one, at the planning board they proposed well take your
equipment from my.
Councilman Laufenburger: From Chanhassen.
Chuck Worm: From Chanhassen and put it in Chaska. And if I bring my equipment from Chaska to
Chanhassen, I’m not gaining anything because the buildings are full right now because I can’t find a barn
to pile hay in. I’ve got, well one bigger building on the 2 1/2 acre parcel that I fill completely so that,
when I do that now in the last couple years, that pushes all my equipment outdoors or somewhere else.
Councilman Laufenburger: And this is the farming equipment and the excavating equipment, is that
correct?
Chuck Worm: Yes.
Councilman Laufenburger: Okay. That’s all for right now.
Mayor Furlong: Other questions for Mr. Worm?
Councilman McDonald: Yes.
Mayor Furlong: Mr. McDonald.
Councilman McDonald: Okay, I understand that to do the trade of equipment back and forth really
doesn’t gain anybody anything. If you get this structure can you take out the excavating equipment and
now move that off of this site down there and this becomes strictly farm?
Chuck Worm: I possibly could. It’s basically I mean it’s myself and my two boys that are in, that’s the
excavating company. I started it back I think in ’89 or something, or ’90 and it just, my boys just stayed
with me and I just continued doing it and it you know just stayed on my property because I do own 10 1/2
acres total.
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Chanhassen City Council – June 10, 2013
Councilman McDonald: The reason for my question is that you know down here, as you’re well aware,
we have granted some variances in the past year but it’s based upon non-commercial use. Now the land is
zoned agricultural and farm and I’m okay with all that but again what I’m looking for is that an
excavating business is not agricultural. That is a business.
Chuck Worm: It is Jerry. Excuse me.
Councilman McDonald: No, that’s fine.
Chuck Worm: It is because my Bobcats do all the removal of the manure. I’ve got trucks that haul the
material off site to local fields. Farmer fields and things like that so I mean it’s just not that I’m on this
property and I’m just an excavator. I’m, my equipment works with my farm a lot so it’s a combined
really for me business between the two of them.
Councilman McDonald: So you’re telling me they’re so intertwined that it would create a hardship to
remove the excavating equipment down to Chaska and just have this for strictly a farm and store your
tractors and balers and all that stuff. It just, that doesn’t gain you anything either.
Chuck Worm: Not really. I mean it would be, now I’ve got to go back out to my son’s house. Bring the
equipment back here to clean my horse yards and things like that and that’s just another truck down the
road. Fuel consumption. Time and things like that lost again and time for me is pretty precious.
Councilman McDonald: It’s money. How much land are we talking about between the two lots?
Between the western and the eastern lot. How much land is all that would you say?
Chuck Worm: 10 1/2 or 10 point, yeah. It’s over 10 acres.
Councilman McDonald: Okay, you’ve got, now you’ve got the 10,000 foot structure that’s shown here or
that’s what you’re going to build?
Kate Aanenson: No, that’s existing…just south of that.
Mayor Furlong: There’d be additional nine.
Chuck Worm: Yeah, what was the square footage? 70.
Kate Aanenson: 7,120 is what you’re asking for.
Chuck Worm: Okay, and I did have a bump out on that structure off of the 60 by 108. There was a 28 by
30 foot structure on the back of, on the south side and that’s 840 square foot addition on that building I’m
proposing. I’m proposing to eliminate that part of the building so I just want to go with a straight 60 by
108 feet and so I’m removing 800. I think it’s 840 square feet.
Councilman McDonald: Okay, and then what’s going to happen to your riding business? Does this begin
to impact that? Does that get curtailed?
Chuck Worm: No. No.
Councilman McDonald: Okay. I don’t have any more questions.
Mayor Furlong: Mr. Laufenburger.
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Chanhassen City Council – June 10, 2013
Councilman Laufenburger: Mr. Worm, it sounds like you’re, as you were describing the predicament or
the circumstance that you’re in, it’s really predicated or caused by these buildings out in Chaska that, not
available or wind torn down or whatever it is.
Chuck Worm: Yeah. Yeah.
Councilman Laufenburger: So the lack of the buildings out there causes you, the solution that you’d like
to have is replace those, that lack of buildings with a building in Chanhassen to bring the hay in to put it
under roof.
Chuck Worm: Under roof, that’s correct. And I know then it’s on my property.
Councilman Laufenburger: Isn’t your property out on County Road 10?
Chuck Worm: That’s my son.
Councilman Laufenburger: Oh, okay.
Chuck Worm: That’s my son.
Councilman Laufenburger: Does he share in the business with you or not?
Chuck Worm: He works for me in my excavating business and they help. We’re all part of this.
Councilman Laufenburger: So the machinery goes both ways.
Chuck Worm: Exactly.
Councilman Laufenburger: The brothers go and the sons go both ways, okay.
Chuck Worm: Exactly, yes. Yeah.
Councilman Laufenburger: Okay.
Mayor Furlong: Councilwoman Tjornhom.
Councilwoman Tjornhom: Yeah it seems to me that the issue here is the concern that there’s going to be
a business run out of the building. Is that Kate what the main concern is?
Chuck Worm: No. No.
Councilwoman Tjornhom: From, if you’re looking at it from what potentially could go wrong with…
Mayor Furlong: Ms. Aanenson, would you like to.
Councilwoman Tjornhom: And maybe you know I’m asking…
Kate Aanenson: Well I think it’s kind of a slippery slope between the, what you use to, for the horse
riding academy, feeding the horses, cleaning up manure, equipment for that and then equipment for the
excavating. Some of it kind of cross pollinates. I guess that’s going back to what someone said, what
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equipment can you keep there for the horse operation and not for the other but it sounds like the pieces go
both ways.
Councilwoman Tjornhom: So the hay storage, it’s not, it’s to use specifically for your riding operation
and not, you don’t sell it?
Kate Aanenson: Yes.
Chuck Worm: We do sell some to.
Kate Aanenson: That’s why he needs to store it. He sells it.
Chuck Worm: Yeah, yeah. Neighbors and surrounding people usually around us that still have horses.
Kate Aanenson: So it comes in and then he stores it and then it goes back out when somebody wants it,
right.
Chuck Worm: The majority of it usually or yeah, we sell quite a bit and we still feed quite a bit so.
Councilwoman Tjornhom: So really there are two businesses that are going on right now on the
property?
Chuck Worm: Yes.
Councilman Laufenburger: Three.
Councilwoman Tjornhom: Or maybe three. Excavating. The riding.
Councilman Laufenburger: The academy.
Councilwoman Tjornhom: Yep.
Kate Aanenson: And the hay sales.
Councilwoman Tjornhom: And so what, I guess what I can’t figure out is what changes with or without
the structure because the excavating business will still be there. The riding academy will still be there and
it would just be the expansion of a place for you to store your hay.
Chuck Worm: Correct. It’s hard to find. It’s hard to find an old dairy barn or something you know
within the area. You just drive around and you don’t see dairy barns and hay storage around.
Councilwoman Tjornhom: And right now do you store hay on the property?
Chuck Worm: On my property? Yes. Yeah.
Mayor Furlong: And I’m sorry, is that in the 10,200 something. The north building there.
Chuck Worm: That’s on the 2 1/2 acre, the south. The most southern building on that 2 1/2 acre strip.
Mayor Furlong: So on the eastern part, that one right there that the arrow is over now? Okay.
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Chanhassen City Council – June 10, 2013
Councilwoman Tjornhom: So then what happens to those structures? If they’re not being used to store
hay, is that where your excavation equipment will go into or?
Chuck Worm: My excavation equipment is in already part and in my son’s building out in Chaska. I
mean we, I’m just, it’s all mixed together you know. I mean it’s.
Councilwoman Tjornhom: Yeah, no I understand.
Chuck Worm: It’s just you know, I can’t run part of my horse, or Sandy’s horse operation you know
without some of my equipment to you know for the manure removal and the, and things like that.
Mayor Furlong: Ms. Aanenson, or I’m sorry. Mr. McDonald.
Councilman McDonald: Just a follow up. So the 9,000 square foot building which you currently store
hay in, you build the 10,000, will you use both of those? 19,000 square feet for hay then?
Chuck Worm: Yes.
Councilman McDonald: Okay, and that’s because again storage for hay at other places where you do it is
going away and so now it’s either you cut back on your business.
Chuck Worm: Exactly.
Councilman McDonald: Or find something else to do.
Councilman Laufenburger: Or find another place to store the hay.
Chuck Worm: It’s always farther out though all the time you know. I don’t plan on moving yet, or at
least I don’t want to and I like where I am I guess and it’s, it keeps a lot of little kids happy too so.
Mayor Furlong: Ms. Aanenson the Planning Commission voted 5-2 to deny the application for a
variance. We’ve got the information in our Minutes but could you summarize the concerns of those who
voted to deny what their concerns were.
Kate Aanenson: Yeah I guess you know.
Mayor Furlong: In general.
Kate Aanenson: It was the, he explained at the Planning Commission, correct me if I’m wrong Mr.
Worm, is that you have the opportunity to expand your hay making business so that was part of it too.
Mayor Furlong: So this is to accommodate an expansion of the hay making business.
Kate Aanenson: Right, and it was hard for them to separate the comingling as we’re talking about so
some of the equipment clearly you need to keep on the site to, for the riding stables and the hay. To load
the hay onto the trucks to ship off to somebody else so it’s kind of hard getting the equipment so they
kind of felt like really it’s an expansion. While it is agricultural in some respects, it kind of crosses over
to a lot of different. It was kind of hard to figure all that out. That’s my understanding of what their
concern was.
Mayor Furlong: Okay. Mr. Worm how would you or what’s your response to those concerns?
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Chanhassen City Council – June 10, 2013
Chuck Worm: To what the planning board had said?
Mayor Furlong: Yeah.
Chuck Worm: I don’t think they quite understood my situation. I don’t know, remember her name but it
seemed like she was asking kind of like well how big is a bale of hay or this or that and kind of like what
a bale of hay was to me but you know, I think that, I just think that they maybe I didn’t speak enough
about the total situation maybe like I have to you now. That maybe they didn’t quite understand you
know my situation.
Mayor Furlong: Well, okay and I appreciate that. I think you know one of the concerns that I, from the
staff report and Minutes too is this issue of the excavation business and the potential expansion of the
excavation business into the new facility or into the existing facilities. If you take hay out of your
existing buildings. The one on the eastern property and move it over to the new one then your excavation
business expands. I think that’s a concern raised by staff and others.
Chuck Worm: Well my excavation, I mean it’s my two boys and myself and that’s the way it’s been for,
I think I’ve been doing it 14 years and I don’t plan to expand there. If I, you know I just, I’ve got enough.
It’s enough with just my two boys and myself and I don’t plan that. I’d rather expand my farm is what I’d
like to do more yet but.
Councilman Laufenburger: Your farm being?
Chuck Worm: Just my 10 1/2 acres.
Councilman Laufenburger: Oh your 10 1/2 acres.
Chuck Worm: Yeah, yeah. Yeah.
Councilman Laufenburger: How would you do that?
Chuck Worm: How would I?
Councilman Laufenburger: How would you expand that farm? Are you thinking of like develop, moving
it or buying land around that 10?
Chuck Worm: It’d be nice to buy Tim Erhart’s but I can’t.
Councilman Laufenburger: I think he’s selling.
Chuck Worm: Yeah I don’t think I could afford it. You know as long as I can stay where I am, I just see,
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I don’t see possibly any development myself in my area down West 96 Street for I’m guessing 10 years.
And if I can make it another 10 years with our haying equipment, or our haying operation. Sandy’s
Riding Academy and stuff like that and I like the location where I am and I got, I’ve never had a
complaint of all the neighbors going down that road before. I don’t think anybody ever called the City on
us about, if it’s hay equipment or construction equipment. We drive slow. We respect everybody going
down the road so yeah, in the future yeah I’d probably pick up sticks if my land went for development
and move out west.
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Chanhassen City Council – June 10, 2013
Mayor Furlong: Ms. Aanenson, have we received any, has the City received concerns or complaints from
the neighborhood with regard to the.
Kate Aanenson: Not in the recent. There was in the past of some erosion and the like but I think that’s
been a while.
Mayor Furlong: Okay.
Todd Gerhardt: Mr. Worm, can you talk about your conditional use permit that you have in Chaska?
What’s that you allow you to do?
Chuck Worm: That allows me to store my excavating equipment on that property.
Todd Gerhardt: Okay. Usually they limit it to a number of dump trucks, Bobcats, graders, backhoes.
Did they do that to you?
Chuck Worm: No, they limited us on the, pretty much the size of the building.
Todd Gerhardt: Okay. So everything has to be inside?
Chuck Worm: Pretty much, yeah. And we’ve got nothing outside that structure.
Todd Gerhardt: So you don’t have any haying equipment in Chaska?
Chuck Worm: Yeah I do.
Todd Gerhardt: You do. What I hear the council talking about is that, you know maybe if you moved
your excavating business to the Chaska location short of maybe one Bobcat, a dump truck that you need
for removal of manure and you know moving hay around and kept the haying operation as an agricultural
use at this location, I think that would give them something to hang their hat on.
Chuck Worm: I think that’s, I think a pretty good possibility of what I would do if I, if we can manage to
get this building built and then I could yeah, like you say. Most of my haying equipment and farming
equipment at my Chanhassen residence and then move more of my construction equipment out on the
Chaska property so yeah, but I can’t totally eliminate it you know, and I think you guys, you know
understand that because I do have the use for my trucks and Bobcats and other smaller grading things and
stuff.
Mayor Furlong: How much reduction do you think you’d make in terms of your excavating equipment?
Chuck Worm: I probably could make 50% maybe of what I you know have right now at my residence to
move out to Chaska. I could do that.
Mayor Furlong: And then the agricultural equipment might come here.
Chuck Worm: Then my ag, yeah. Then it would have to because of course I don’t have, wouldn’t have
the room.
Mayor Furlong: Right but.
Chuck Worm: But yes.
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Chanhassen City Council – June 10, 2013
Mayor Furlong: But ag use is permitted with the property here.
Chuck Worm: Yeah, okay. Yep.
Mayor Furlong: Right?
Chuck Worm: Yep.
Mayor Furlong: So if I understand correctly.
Todd Gerhardt: But I’d need clarification from either the City Attorney or our Planning Director but.
Councilman McDonald: If I could before you do. I mean that is the point I was trying to get at with all of
this and if I understood you correctly what you were telling me was that the 9,000 square foot building
would continue to be used for hay storage along with this new building because again it’s not that you’re
expanding the hay business. It’s that storage has disappeared and you now need a place to do it. It’s not
that you’re going to expand the excavation business by bringing stuff from Chaska over to Chanhassen.
Chuck Worm: Right.
Councilman McDonald: And that’s what I’m asking you is my understanding correct there?
Mayor Furlong: But I think Mr. McDonald the other thing I heard Mr. Gerhardt ask is it sounds like
there’s an opportunity with this additional building to move some of the excavating equipment to
Chaska, where it’s permitted and have the agricultural equipment or use equipment here and I guess my
question is Ms. Aanenson is that, is that an appropriate?
Kate Aanenson: It’s zoned agricultural so you can have an accessory structure. It’s how you’re using it
for the business that’s the issue.
Mayor Furlong: And by business I mean I think as we’ve, what I’m seeing is there are 3 businesses. The
excavation business, which I think is non-agricultural related.
Kate Aanenson: Which is not permitted, correct.
Mayor Furlong: Which is not permitted. The horse riding.
Kate Aanenson: Which has a conditional use which is permitted.
Mayor Furlong: Which is permitted. And then the hay business.
Kate Aanenson: Right.
Mayor Furlong: Which is agricultural, correct? So that would be permitted? I’m sorry.
Kate Aanenson: Yes.
Mayor Furlong: Okay. So Mr. Knutson, thoughts?
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Chanhassen City Council – June 10, 2013
Roger Knutson: What you could do if you chose to, I’m putting words in your mouth, you could say you
approve this variance for example for this new building conditioned upon the following. No more than X
square feet of a building you would designate, I don’t know the number of it or whatever it is, can be used
for the storage of excavation equipment. And the only equipment that can be on site, that is called dual
purpose are the following. And then you can, one Bobcat. Two Bobcats. Dump truck.
Mayor Furlong: Itemize dual purpose equipment.
Roger Knutson: Then you would condition the approval of the variance on that happening and then he
can build a new building when that has occurred.
Kate Aanenson: If I may Mayor, I did just in case you did move in this direction. So taking off on what
the City Attorney put in place, the building may be approved for agricultural. Then I think we can further
clarify condition number 1 on that and then specify, if you want to go by square footage or pieces or
equipment only for agricultural so we would further modify that to state whether it’s, how much.
Mayor Furlong: Expand condition one to, as recommended by the attorney.
Kate Aanenson: Yeah, how many pieces of equipment or how much square footage.
Mayor Furlong: And obviously working with Mr. Worm to figure out what’s appropriate there. Just a
second, Ms. Aanenson were you finished? Councilwoman Tjornhom.
Councilwoman Tjornhom: If you go and look at the picture and you see the other lots, his neighbors, I
mean are they held to those same conditions or are we doing something?
Kate Aanenson: Yes. I think, no we said the other ones could not have businesses and he can have his
business. There are some things that he needs to run the riding stables that he needs the hay for. That he
needs the equipment for so we, I think we acknowledge that that needs to happen for the hay business.
He needs the equipment. That’s what we need to find out. What pieces of equipment he needs to, for the
trucks to travel back and forth with hay so that’s what we would clearly identify. That would be the
pieces that would be allowed under number one so we’d identify that.
Mayor Furlong: Well and I think what Mr. Knutson was also talking about was, was also recognizing
that there is some storage for the excavation equipment.
Kate Aanenson: Well that’s what I’m saying, yeah.
Roger Knutson: Well I call it dual use equipment.
Kate Aanenson: Dual use. Right, the uses that you need for that. Then we would say also, because a
building permit would be required, that’s the ordinance and then maintain existing drainage patterns
because we’ve looked at where that site is going to go and we may need a retaining wall for a portion of
that building and then also if I heard you Mr. Worm, you dropped that building down to 6,480 square feet,
is that correct?
Chuck Worm: Yeah, that south part was.
Kate Aanenson: If you go by the 60 by 104.
Mayor Furlong: 108.
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Chanhassen City Council – June 10, 2013
Kate Aanenson: 108, excuse me. So that came out to 6,480 would be the square footage as opposed to
the 4,120.
Roger Knutson: Just pointing out there are already several buildings so you want to refer to all the
buildings.
Kate Aanenson: Correct.
Roger Knutson: None of the buildings can be used for anything but storage of hay or the horses or the
dual use equipment and that’s limited to X square feet and certain listed equipment.
Mayor Furlong: Does this seem a reasonable approach Mr. Worm?
Chuck Worm: Yeah.
Mayor Furlong: Okay. What I would suggest then, Mr. Gerhardt?
Todd Gerhardt: I was only going to suggest that maybe we could table this. Sit down with Mr. Worm.
We’re kind of rushing to put this all together. Let’s make sure that he feels comfortable and put an
agreement together that he can live by. We can live by and just have some time to say, you know what
piece of equipment is going where and what’s staying.
Mayor Furlong: Absolutely. And we’re not going to create that list tonight.
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Todd Gerhardt: Bring it back on the 24.
Councilman McDonald: Then in that case I’d make a motion to table.
Mayor Furlong: With direction for staff to work with Mr. Worm.
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Councilman McDonald: With direction for staff to work and bring it back on the 24.
Chuck Worm: Okay.
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Mayor Furlong: And well the 24 be happy to have it back, I would say bring it back as soon as it’s
ready.
Kate Aanenson: Yep.
Councilman Laufenburger: Is there any discussion?
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Mayor Furlong: Rather than designating the 24.
Councilman McDonald: Well I thought that was our next council meeting.
Mayor Furlong: It is and if we can get it back that quickly that’s great. If it’s not ready then let’s bring it
back when it’s ready. Okay, motion’s been made to table. Mr. Laufenburger?
Councilman Laufenburger: Is that discussable? Oh you need a second first.
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Chanhassen City Council – June 10, 2013
Mayor Furlong: I need a second. It’s generally not discussable. So Mr. McDonald, do you want to
withdraw your motion for the moment?
Councilman McDonald: I’ll withdraw my motion.
Mayor Furlong: Thank you. Mr. Laufenburger.
Councilman Laufenburger: Yeah, thank you Mr. Mayor. I appreciate Mr. Worm’s willingness to
dialogue on this but there is something that’s occurring here that does concern me a little bit. This is a
unique area of Chanhassen and by adding 6,480 square feet of storage, and is that a two story building?
Whatever it is.
Chuck Worm: Single story.
Councilman Laufenburger: How many bales, no. But what we’re doing is we’re increasing the usage in
that area. We’re increasing, more hay will come in. More hay will go out and that is a, you know this is
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96 Street. We’re improving Highway 101 down there. It’s becoming more of a residential and over
time my guess is it will be even greater residential. Maybe there will be a time in the future when it will
not be approved for agriculture and we just need to think about is it the right thing to increase the use of
this property, this 10 1/2 acres to bring in more storage. He’s already at, what’s the square footage?
20,000 square feet.
Kate Aanenson: Correct.
Councilman Laufenburger: Yeah, he’s at 20,000 square feet. This will take him up to 27,000 square feet.
He will have more accessory space on there. He’ll have twice as much accessory space on that property
as is on any other property down there. I think I’m saying that correctly, is that correct?
Kate Aanenson: That’s correct.
Councilman Laufenburger: So I’m not opposed to the dialogue but what we’re setting ourselves up for
here is additional storage and, with all respect for Mr. Worm, is it cheaper for him to build a 6,480 square
foot building here in Chanhassen and transport that hay from Arboretum and from County Road 10 or is
it, might it be worthwhile for him to explore building a 6,480 square foot building in conjunction with
somebody who already has property out there where the hay is so I just, that’s my only point Mr. Mayor.
Thank you.
Mayor Furlong: No, and I appreciate those thoughts.
Councilman McDonald: Well if I could address that. I mean what I’m looking at is, and I can take, I’m
only taking Mr. Worm at his word in that he has already looked for something such as that and in order to
find it he’s got to go further west so that places a hardship upon his business. To address the issues about
what are we doing down in this area. We’re intensifying a business, it’s already zoned for agricultural
use. At some point, as Mr. Worm has stated, that is going to change and when that change is, he is
probably going to have to leave, and he recognizes that and that’s going to impact that entire area because
once those lots start to go, because of the size of them, that’s probably the next development within the
city. That’s going to be one of the prime areas so it will happen. Until it happens I think what he’s
asking us to do is that he has a business. He has a hardship and he’s come to us to address an issue so he
can continue with his business and based upon all that, I would think that you know the council should be
looking to help it’s citizens where it can.
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Chanhassen City Council – June 10, 2013
Councilman Laufenburger: I’m not suggesting Mr. McDonald that we shouldn’t help him but there are
other alternatives for him continuing his business. Kate, are those two buildings, or the 20,000 square
feet, are they legally non-conforming? Or is the.
Kate Aanenson: That’s correct. That’s correct.
Councilman Laufenburger: So the amount in excess of 1,000 square feet, which the ordinance allows,
those are legally non-conforming.
Kate Aanenson: Correct, and I just want to go back. I know this area is unique but I just want to go back
and talk about why we put that cap in place because once you get a building this size, even though the
neighborhood has changed, there’s said value in having an opportunity like this inside an urban setting
that they don’t go away because nobody, it’s an opportunity to store boats or do other businesses.
Whether it’s a haying operation or becomes something else so we’re just saying long term wise Mr.
Worm may leave.
Councilman Laufenburger: But those buildings will be there.
Kate Aanenson: May not because they have a value of some sort.
Todd Gerhardt: Council, the one point to that is that it is for agricultural purposes is the key to that
agreement. So Mr. Worm has to be put on notice that the only thing that that building can be used for is
agricultural purpose.
Mayor Furlong: And I think that’s, that’s the benefit here and Mr. Worm’s accommodation to delineate
the use of the buildings and the equipment, the dual purpose equipment and for agricultural purposes so
that in the future if there is a change of ownership in the property, I’m assuming that those requirements
would go along with the property.
Kate Aanenson: Yeah.
Mayor Furlong: As a part of that agreement so anybody buying the property would know that it’s use is
for agriculture.
Kate Aanenson: Right, or they come back and ask for relief, yeah.
Mayor Furlong: Well and then at least the council at that time can evaluate the request but I think you
know both in terms of, if I can speak for a little bit of why I think we may, I would support a motion to
table going forward is there’s been stated by Mr. Worm to reduce the request for the size of the variance,
or the increase of the variance with his new building and his willingness to work with the City to enter
into an agreement to identify and what I’m hearing here, willingness to reduce the excavating business on
the two combined properties and emphasize the agricultural business and also what’s not allowed in that
area which is the agricultural business being more consistent with the current zoning so you raise good
points Mr. Laufenburger. I think there’s some, I think with Mr. Worm’s proposals here to accommodate,
I think that gives everybody a better, clearer understanding of what we’re doing so…
Councilman Laufenburger: Well let me restate again what I thought I said right in the beginning, and
Nann will attest to this in the Minutes but I did, I did appreciate that Mr. Worm is willing to have that
dialogue.
Mayor Furlong: Absolutely.
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Chanhassen City Council – June 10, 2013
Councilman Laufenburger: Because I think that speaks to, that speaks to his desire to remain in this
community which is worthwhile.
Mayor Furlong: Absolutely. No, I heard that as well so.
Councilman Laufenburger: Thank you.
Mayor Furlong: Is there any discussion on the direction that’s being proposed here? To table this to a
future meeting, hopefully as quickly as our next meeting where this can come back after staff and Mr.
Worm have had an opportunity to work through it. If there’s no other discussion in that direction, Mr.
McDonald would you like to restate your motion?
Councilman McDonald: Well I’ll restate my motion to table based upon conversation that we’ve had at
this point because I would like all those points to be taken into consideration and that Mr. Worm work
with staff again to put together a plan which meets the direction that the council has given. That what we
do is intensify the allowed use and try to de-emphasize the unallowed use which is the excavating
business but a recognition be made that again there is dual use equipment and that’s part of the
conversation.
Mayor Furlong: Thank you. Is there a second to that motion?
Councilwoman Tjornhom: Second.
Mayor Furlong: Motion’s been made and seconded to table. Generally non-discussable.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council table the
request for a variance from Section 20-904(a)(1) of Chanhassen City Code to construct an accessory
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structure in excess of 1,000 square feet at 760 West 96 Street and direct staff to work with Mr.
Worm, taking into account all comments made by council, in bringing back an agreement as soon
as possible. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: Thank you Mr. Worm, Ms. Aanenson, Mr. Gerhardt. Mr. Knutson as well, thank you.
APPOINTMENT OF YOUTH COMMISSIONERS TO THE PARK AND RECREATION
COMMISSION.
Mayor Furlong: Earlier this evening the City Council had the pleasure of interviewing two applicants for
our Park and Rec Commission. As I call them up here, Jacob Stolar and Ryan Lynch. Both did excellent
jobs as they met with the council and talked about their desire and willingness and enthusiasm to serve, as
youth representatives on the Park and Recreation Commission. Following their interviews we had
discussion and I would certainly move to nominate both Jacob Stolar and Ryan Lynch to serve as youth
commissioners on the Park and Recreation Commission and ask for a second.
Councilman Laufenburger: Second.
Mayor Furlong: Thank you. Any discussion on either of these two young gentleman? Very impressive
and appreciate their willingness and desire to serve and they both did a great job tonight in front of the
council so. This is actually, these are new positions that the council has added to our Park and Recreation
Commission for youth representation and we look forward to both Jacob and Ryan serving in that
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