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PCDATE: June 18,2002 7.
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CITY OF
CHANHASSEN
CCDATE: June24,2002
REVIEW DEADLINE: 8/21/02
CASE #: illP 2000-2 File 2,
STAFF
REPORT
PROPOSAL:
Request for an amendment to Interim Use PenIÙt #2000-2, Miss Rosie's Fann,
revising the site plan with a variance for a gravel driveway and parking area and
a Conditional Use PenIÙt for development within the Bluff Creek Overlay
district.
LOCATION:
2930 West 78th Street (old address -7461 Hazeltine Boulevard)
APPLICANT:
Susan McAllister
2930 West 78th Street
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District, A2
2020 LAND USE PLAN: Residential- Low Density
ACREAGE:
6.0 I acres
DENSITY: NA
SUMMARY OF REQUEST: The applicant is requesting an amendment to an Interim Use PenIÙt to
revise the driveway and parking location, to penIÙt two bus parking spaces, and relocate the summer
kitchen. The applicant is proposing the use of gravel and grass pave for vehicular parking areas rather
than asphalt or concrete. Additionally, since the property is located within the Bluff Creek Corridor and
portions of the property are in the primary and secondary zones, a Conditional Use PenIÙt is required.
Notice of this public hearing has been mailed to all property owners within 500 feet.
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.
1 Coach Court
2 Coach Lane
3 Coach Place
4 Coach Dr
5 Village Street
6 Village Place
7 Century Circle
8 Arboretum Village Trl
9 Arboretum Village Cir
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Future
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Miss Rosie's Farm
June 18,2002
Page 2
APPLICABLE REGUA TIONS
Sec. 20-232. Conditional Use Permit, General Issuance Standards
Sec. 20-267. Petting Farms.
The following conditions shall apply to petting farms:
1. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
2. The minimum lot size is five (5) acres.
3. The applicant for the interim use permit shall reside on the site. Only one (I) full-time
equivalent non-resident employee may be employed on the site per five (5) acres.
4. Only customary farm animals shall be allowed on the site. Wild or exotic animals shall
be prohibited.
5. All structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an adjacent single family residence or a
minimum of fifty (50) feet from a side lot line, whichever is greater. The city council
may require storage areas to be completely screened by one hundred (100) percent opaque
fencing or berming.
6. Parking areas shall be screened from public or private rights-of-way and adjacent single-
family residences.
7. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
8. No outdoor speaker systems shall be allowed.
9. Signage shall comply with article XXVI of the zoning ordinance.
10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall
be limited to petting farm related items.
11. Animals kept outside must have continual access to shelter to protect them from the
elements and must be in a confined area with fencing.
12. A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until zoning
regulations no longer permit it. Prior to the permit expiring, the applicant may request an
Miss Rosie's Farm
June 18,2002
Page 3
extension to the interim use permit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
Sec. 20-383. Interim Use Permit General Issuance Standards
Sections 20-1551 - 20 - 1564, Bluff Creek Overlay District
BACKGROUND
On July 24,2000, the City Council approved the applicant's request for a zoning ordinance
amendment (ZOA #00-1) to allow petting farms as in interim use in the A-2, Agricultural Estate
district.
On July 24, 2000, the City Council also approved the applicant's request for an interim use
permit (!UP #00-2) to operate a petting farm, subject to the plans dated February 22, 2000, and
subject to the following conditions:
1. The site plan shall comply with Sec. 20-267. Petting Farms as prepared by staff.
2. Accumulation of feces shall be located at least 200 feet from any well. Accumulation of
feces shall be removed at such periods as will ensure that no leaching or objectionable
odors exist. The premise shall not be allowed to become unsightly.
3. Parking shall be limited to 10 stalls with the provision for only 1 bus.
4. The applicant shall submit a landscape plan for the proposed development. The applicant
shall show the location, size and species of proposed trees and shrubs.
5. Landscaping shall be added to the area between the parking lot and West 78th Street to
provide a buffer. Included in the plantings shall be 2 overstory trees, 6 understory and 6
shrubs.
6. Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
7. The site shall only have access from West 78th Street.
8. A dead animal disposal plan shall be submitted to the city for review.
9. The permit shall be reviewed annually to determine compliance.
10. The applicant must apply and obtain all necessary permits from regulatory agencies such
as Carver County, DNR, USDA, etc.
11. The interim use shall terminate in 10 years.
12. The Building Official's conditions are as follows:
a. All public buildings must meet code requirements as required for new buildings
because of the change in occupancy classification.
b. All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities.
c. Two accessible parking spaces must be provided.
d. Accessible sanitation facilities must be provided. Portable facilities may be
allowed with a seasonal use, if permitted by the building code. If permanent
facilities are required, two acceptable septic sites must be evaluated and located
by a licensed designer.
Miss Rosie's Farm
June 18,2002
Page 4
1. The use proposed does require that permanent sanitation facilities be
provided, two restrooms, one male and one female.
2. A new onsite sewage treatment system must be installed.
3. The system must be sized to accommodate the waste from the dwelling
(this system has recently been determined to be failing) as well as the
waste from the business.
+. The new system must meet the requirements of Minnesota Rules Chapter
7080 for 'other establishments'.
e. The food preparation facilities require approval from the Minnesota Department
of Health.
f. Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
13. The Fire Marshal's conditions are as follows:
a. A 20 foot wide fire lane shall be provided.
b. The Fire Marshal shall review the existing buildings to be utilized for the petting
farm to determine code compliance.
c. Smoking is prohibited in any building used in conjunction with the business.
d. "No Parking Fire Lane" signs shall be installed on the fire lane.
e. Any new driveway must be designed to support the weight of a fire truck year
round.
f. Any new driveway must be installed prior to the removal of the existing driveway.
g. The amount of combustible material (i.e., hay, straw, etc.) on the floors of any
buildings used in the business must meet fire code requirements.
h. All electrical wiring must meet code.
14. The septic system shall be brought into compliance prior to the operation commencing on
the site. In addition, maintenance and inspection reports on the new system shall be
submitted to the City on a biannual basis. At such time as the new system becomes non-
compliant and sanitary sewer is available the property shall connect to the sanitary sewer as
per the requirements in place at that time.
In May 2001, the. City approved Arboretum Village, a planned unit development located directly
south and east of the applicant's property. As part of this development an outlot was created to
preserve the natural features. This outlot is south of a wetland, and includes the wetland buffer
area. This outlot abuts the applicant's property on the north and east sides.
In 2001, the city undertook utility expansion in the BC-7 and BC-8 sewer subdistricts. This
utility improvement brought sanitary sewer and water service from Galpin Boulevard to the west
side of Highway 41. The project is substantially complete and in operation. As part of the
Arboretum Village 2nd Addition, the developer is extending sanitary sewer service to the eastern
property line of Miss Rosie's Farm. This line is intended to provide sanitary sewer service for
Miss Rosie's Farm
June 18,2002
Page 5
site. The property will be required to connect to the sanitary sewer line when it is complete and
accepted by the City.
As part of a state project on TH 41 that corresponded with the Arboretum Village development,
the Minnesota Department of Transportation (MNDOT) has required the southerly driveway
access on the applicant's property be closed and relocated for safety reasons. To comply with
MnDOT's requirements, condition 7 of illP #00-2 states that "The site shall only have access
from West 78th Street." This condition is reiterated in condition 12 below.
In the fall of 2001, the applicant began the process necessary to put the Rose-McAllister
Farmstead on the Historic National Register. Final determination and designation of the property
has not taken place.
Staff had a telephone conversation with Mr. Gimmestad of the State Historic Preservation Office
on June 12,2002. He stated that "In general, locating the parking on the periphery of the site was
better than locating the parking in the interior of the property. It keeps the vehicles on the edge
of the site, which is a good idea from a historical standpoint. Given the historic property, the
preference is for gravel as a parking surface, rather than bituminous, which will be more in
character with the historic farmstead."
ANALYSIS
The applicant is requesting an amendment to Interim Use Permit (!UP 00-2):
1. Use of gravel or grass pave system rather than bituminous.
2. Realign the driveway, so that instead of running straight north off of West 78th Street as
approved, it would loop to the west and connect with the existing driveway. The parking
would be located at the edge of the property.
3. Relocate the summer kitchen.
4. Permit two bus parking spaces.
To be clear, staff is outlining the issues with this site:
1 The applicant intends to open a petting farm on this property and has an approved !UP
permitting this use. The applicant has not begun operation of the petting farm.
2. The applicant is in the process of putting this property on the National Register of
Historic Places. This process has not been finalized.
3. The applicant is requesting changing the driveway alignment so that it does· not change
the eligibility of this property as a historically significant site.
4. The applicant has also requested to intensify the use on this site by increasing the number
of bus parking areas.
Miss Rosie's Farm
June 18, 2002
Page 6
The driving force behind looping the driveway is the historic significance of the site. Staff has
received verbal confirmation that locating the parking at the perimeter of the site is preferred and
that gravel is more acceptable than paving.
Staff is recommending approval of the Conditional Use Permit for development within the Bluff
Creek Overlay district and amending the Interim Use Permit with approval for a variance to use
gravel or grass pave system rather than paving the driveway and parking area subject to the
conditions of the staff report. The applicant should be advised, that she will not be able to
operate the petting farm unless she complies with all the conditions of approval and submits all
the required plans, plan changes or revisions, plus any agreements or financial security to the
city.
Driveway Realignment
The reason the applicant is requesting the realignment of the driveway is so that the historic
integrity of the site is maintained, and so that it maintains its eligibility for the National Register
of Historic Places. Staff contacted Dennis Gimmestad at the Minnesota Historical Society, who
stated that it was difficult for them to provide comments without physically visiting the site. He
did state that on historically significant sites it is best to maintain the character of the site. In
most cases, it is best not to make changes to the site that are radically different from the historical
patterns.
With the original interim use permit (IUP 00-2) one of the conditions of approval from the Fire
Marshal stated a 20-foot wide fire lane must be provided for safety reasons. To meet ordinance
requirements, the proposed driveway must be paved with a hard surface. As an alternative, city
staff has been working with the applicant to develop standards for the use of gravel driveway and
parking areas. Staff could support the variance for the use of the gravel driveway/parking and the
grass pave alternative, provided the applicant agrees to the conditions regarding its design and
maintenance.
Additional Bus Parking
With the original Interim Use Permit, the applicant requested 20 parking stalls and 2 bus parking
areas. However, the City approved 10 stalls and provisions for only 1 bus parking area
(Condition #3). The objective of this condition was to limit the intensity of the use and the
number of people on the site. This property is located in a transition area for urban development,
within the Bluff Creek Secondary Overlay District, and all surrounding properties are guided
residential-low density development. With the approval of the illP for the petting farm, the
primary use of this site became commercial in nature. As development occurs in this area, a
petting farm may become incompatible with surrounding uses.
This condition was intended to limit or mitigate negative impacts that a petting farm may have on
neighboring residential sites. The City wanted to see if the site could accommodate and manage
the number of people the approved parking will generate. If, after operations began, things were
Miss Rosie's Farm
June 18,2002
Page 7
successful, then the City would consider amending the parking requirements. Since the operation
of the petting farm has not commenced and since all original questions/concerns remain the
same, staff cannot support amending the original condition. The revised plans propose two bus
parking spaces for a 30 foot by 60 foot bus parking area. This should be revised to pemùt only one
bus parking stall. Room can be left to accommodate a future parking stall if it can be shown that
this will not create negative impacts to the site and its use.
Section 20-1554 requires that a conditional use pemùt must be issued by the city for all subdivision,
site plan, and prior to the erection or alteration of any building within the Bluff Creek Overlay
(BCO) district. Portions of the parcel are located in either the primary or secondary BCO district.
GRADING, DRAINAGE AND EROSION CONTROL
Storm Water Management
The manure/compost area is proposed within close proximity to the Bluff Creek Overlay District.
The storm water runoff from the manure/compost area must be buffered prior to discharge into
the Bluff Creek Overlay District to protect water quality. The applicant should work with City
staff to develop an appropriate buffer plan.
The applicant is proposing an aesthetic duck pond. For safety purposes, the pond should have a
lO-foot wide safety bench at the normal water level. The slope of the safety bench should not be
steeper than 10: 1.
Erosion Control
All upland areas disturbed as a result of construction activities shall be immediately restored with
seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of
completion of each activity in accordance with the City's Best Management Practice Handbook.
LANDSCAPING
It does not appear that the approach or material will cause unreasonable damage or loss of trees
on the property due to the realigned driveway. Tree protection fencing will be required at the
edge of grading and shall be installed prior to construction. The applicant has not yet met two
conditions of approval for her Interim Use Permit: a landscape plan has not been submitted to
the city and the buffer yard plantings have not been installed. Staff recommends these conditions
be met.
In order to assist the development in maintaining its historical integrity, the applicant should
plant a windrow of trees along the south and east property lines around the pasture. These trees
will help define the parameters of the farmstead and provide some screening from the
development of the area.
Miss Rosie's Farm
June 18,2002
Page 8
Findinl!s Conditional Use PermitlInterim Use Permit
When approving a conditional use pemùt, the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional
use Section 20-232, include the following 12 items:
1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Finding: The intensity and level of use is compatible with the neighborhood. The applicant
will have to ensure that the operation of the use is not a nuisance.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The City's comprehensive plan states, "the city does not provide for purely
agriculture land use but supports the preservation of this use in the greater Carver County
area." This area is guided residential - low density. An interim use is one that will cease
at a specified future date. A land use goal states that Chanhassen will encourage the
preservation and adaptive reuse of structures of historic or architectural significance.
3. Will be designed, constructed, operated and maintained so to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
Finding: The original use of the property was part of a larger farmstead. The applicant is
seeking to preserve "the 1920's farmstead look and lifestyle." The intensity and level of
use is compatible with the neighborhood.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: Petting farm criteria should minimize or eliminate hazards.
5. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
Finding: The existing septic system has failed and must be abandoned. The site has
sewer and water available with access via West 78th Street.
6. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: No additional services are required with this use.
Miss Rosie's Farm
June 18, 2002
Page 9
7. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare because of
excessi ve production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The staff has limited the animals and added conditions to mitigate the impact of
smell and noise, etc. Violations of noise and smell, etc. should be grounds for temùnating
the use.
8. Will have vehicular approaches to the property, which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The site will have access off West 78th Street.
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: Staff is recommending preservation of trees as well as additional plantings. The
plan is being revised to maintain, to the extend possible, the historic character of the site.
10. Will be aesthetically compatible with the area.
Finding: It is intended to have a farmstead use and lifestyle.
1 L Will not depreciate surrounding property values.
Finding: Staff has provided conditions that should mitigate any negative impacts to
property values.
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: The petting farm will meet standards prescribed for its operation.
FINDINGS VARIANCE
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
Miss Rosie's Farm
June 18,2002
Page 10
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The hardship is due to Minnesota Historical Society requirements to maintain
the historic integrity of the site, and maintain its eligibility for the National Register of
Historic Places.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: There is no other petting farms operated in the city. There are few properties left
in the city that are eligible for registry on the National Registry of Historic Places.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The proposed variance is not based upon a desire to increase the income potential
of the property, but rather, to maintain the historic character of the site.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The difficulty is due to Minnesota Historical Society requirements to maintain
the historic integrity of the site, and maintain its eligibility for the National Register of
Historic Places.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is located.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or increase
the danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
RECOMMENDATION
Miss Rosie's Farm
June 18, 2002
Page 11
Staff recommends that the Planning Commission adopt the following motion:
''The Planning Commission recommends approval of Conditional Use Permit #2002-3 to permit
development within the Bluff Creek Overlay District subject to the following conditions:
1. No alterations or construction shall be permitted in the Primary Zone.
2. A 50 foot building setback shall be required from the northeast property line.
3. Any trail development must be coordinated with the City's Parks & Recreation
Department.
4. All upland areas disturbed as a result of construction activities shall be immediately
restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded
within two weeks of completion of each activity in accordance with the City's Best
Management Practice Handbook.
5. The storm water runoff from the manure/compost area shall be buffered prior to
discharge into the Bluff Creek Overlay District to protect water quality. The applicant
shall work with City staff to develop an appropriate buffer plan.
6. For safety purposes, the duck pond shall have a lO-foot wide safety bench at the
normal water level. The slope of the safety bench shall not be steeper than 10: 1.
''The Planning Commission recommends approval of the amendment to Interim Use Permit
#2000-2 to permit revision of the petting farm plan with a variance for the use of gravel driveways
or grass pave system, based on plans dated February 22,2000, as revised 12/27/01, and subject to
the following conditions:
2. The site plan shall comply with Sec. 20-267. Petting Farms.
3. Accumulation of feces shall be located at least 200 feet from any well.
Accumulation of feces shall be removed at such periods as will ensure that no
leaching or objectionable odors exist. The premise shall not be allowed to
become unsightly.
4. Parking shall be limited to 10 stalls with the provision for one (1) bus.
5. An eight-foot accessible parking space with an eight-foot wide access must be
provided. This space must be located as close to the business entrance as
possible. Signage must be provided in accordance with the Minnesota Building
Code.
Miss Rosie's Farm
June 18,2002
Page 12
6. Handicap parking may not be located adjacent to the house unless the driveway
from the southern parking area to the parking stalls and the parking stalls
themselves are improved to commercial standards (26 foot wide drive aisle with
seven ton roadway design).
7. If the handicap parking is located in the southerly parking area, then an accessible
trail must be provided from the parking area to the petting farm area.
8. The applicant shall submit a landscape plan for the proposed development. The
applicant shall show the location, size and species of proposed trees and shrubs.
9. The applicant shall plant a windrow of trees along the south and east property
lines around the pasture.
10. Tree protection fencing will be required at the edge of grading and shall be
installed prior to construction.
11. Landscaping shall be added to the area between the parking lot and West 78th
Street to provide a buffer. Included in the plantings shall be 2 overstory trees, 6
understory and 6 shrubs. Installation of buffer yard plantings or a landscaped
escrow is required prior to beginning operation of the petting farm.
12. Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
13. The site shall only have access from West 78th Street. The northerly access on
Highway 41 shall not be used for public access.
14. A dead animal disposal plan shall be submitted to the city for review.
15. The permit shall be reviewed annually to determine compliance.
16. The applicant must apply and obtain all necessary permits from regulatory
agencies such as Carver County, DNR, USDA, etc.
17. The interim use shall terminate in eight (8) years (by June 24, 2010).
18. The Building Official's conditions are as follows:
a. All public buildings must meet code requirements as required for new buildings
because of the change in occupancy classification.
b. All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities.
c. One accessible parking space must be provided.
Miss Rosie's Farm
June 18,2002
Page 13
d. Accessible sanitation facilities must be provided. Portable facilities may be
allowed with a seasonal use, if permitted by the building code.
1. The use proposed requires that permanent sanitation facilities be
provided, two restrooms, one male and one female.
2. The property must connect to city sanitary sewer service.
3. The existing septic system, which is failing, must be abandoned.
e. The food preparation facilities require approval from the Minnesota Department
of Health.
f. Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
19. The Fire Marshal's conditions are as follows:
a.
b.
c.
d.
e.
f.
g.
h.
20.
21.
A 20 foot wide fire lane shall be provided.
The Fire Marshal shall review the existing buildings to be utilized for the petting
farm to determine code compliance.
Smoking is prohibited in any building used in conjunction with the business.
"No Parking Fire Lane" signs shall be installed on the fire lane.
Any new driveway must be designed to support the weight of a fire truck year
round.
Any new driveway must be installed prior to the removal of the existing driveway.
The amount of combustible material (i.e., hay, straw, etc.) on the floors of any
buildings used in the business must meet fire code requirements.
All electrical wiring must meet code.
Revise the driveway width to 26-foot and maximum 10% grade is allowed.
The Handicap Park must be off the commercial portion of the driveway with
appropriate sign age.
22. Add City Detail Plate No.5300.
23. Re-sod or reseed any disturbed area.
24. Add a benchmark to the plan.
25. The applicant must get MnDOT permit for right-of-way grading.
26. Show parking stall width and length.
27. Revise the driveway side slope to a maximum 3:1 along the west side.
28. All plans sheets must be signed by a Registered Engineer.
Miss Rosie's Farm
June 18,2002
Page 14
29. The applicant needs to submit:
a. A maintenance schedule for the gravel dri ve for review by the Ci ty.
b. A letter of credit or escrow in the amount of 125% of the cost of the annual
maintenance.
30. In addition, the applicant will be required to sign an agreement that:
a. The property owner will submit an annual inspection report confirming that the
driveway has been properly maintained to ensure the 7-ton design remains viable.
That inspection to be performed by someone mutually agreeable to the property
owner and the City of Chanhassen.
b. If the maintenance schedule is not met the City reserves the right to perform the
maintenance and bill the property owner for actual cost plus 30% for
administrative costs.
c. Should it become apparent that the property owner is incapable or unwilling to
maintain the 7-ton gravel road appropriately, the drive related parking areas would
be closed for commercial use until such time as they are reconstructed to meet the
then current City Standards for commercial drives.
ATTACHMENTS
Findings of Fact and Recommendation
Development Review Application
N arrati ve date stamped recei ved 5/22/02
Grasspave Brouchure
Miss Rosie's Farm, June 2002 Plan
Miss Rosie's Farm Feb. 22, 2000 Plan
Miss Rosie's Farm Narrative stamped received Feb 22 2000
Chicken Coop, Compost and Manure Sketch Plan stamped Apr 04 2000
Letter from Jennifer Chaput (MNDOT) to Robert Generous dated June 12,2002
Letter from John Isackson (MNDOT) to Susan McAllister dated 6/12/02
Letter From Teresa Burgess to Susan McAllister dated May 9,2002
Letter from Kate Aanenson, Teresa Burgess and Mark Littfin to Susan McAllister dated Feb. 15,
2002
Letter from Cynthia R. Kirchoff to Susan McAllister
Arboretum Village Site Plan
Letter from Curt FakIer (MNDOT) to Susan McAllister dated Oct. 30, 2001
Letter from Dennis A. Gimmestad (MN Historical Society) to Gary Elftmann dated Oct. 5, 2001
Historical Assessment, Rose-McAllister Farmstead, January 2001
Interim Use Pemùt #00-2
City Council Minutes of July 24,2000
Miss Rosie's Farm
June IS, 2002
Page 15
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMEND A TION
INRE:
Application of Susan McAllister, Miss Rosie's Farm, for an Interim Use Permit to operate a
petting farm with a Variance for the use of a gravel driveway and parking area or grass pave
system and a Condition Use permit to develop within the Bluff Creek Overlay district.
On June IS, 2000, the Chanhassen Planning Commission met at its regularly schedule
meeting to consider the application of Susan McAllister for an interim use permit to operate a
petting farm for the property located at 7461 Hazeltine Boulevard. The Planning Commission
conducted a public hearing on the proposed interim use was preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District, A2.
2. The property is guided by the Land Use Plan for Residential - low Density.
3. The legal description of the property is attached as Exhibit A
4. Section 20-232:
a. Will not be detrimental to or enhance the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
Miss Rosie's Farm
June IS, 2002
Page 16
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
I. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
J. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
Miss Rosie's Farm
June IS, 2002
Page 17
I. Will meet standards prescribed for certain uses as provided in this article.
5. The planning report #2000-2 Interim Use Permit File 2 dated June IS, 2002,
prepared by Robert Generous, et aI, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
conditional use permit for development within the Bluff Creek Overlay district and the interim
use permit with a variance for the use of gravel driveways and parking areas or grass pave
systems.
ADOPTED by the Chanhassen Planning Commission this 18th day of June, 2002.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
EXHIBIT A
The parties are tile owners of a homestead located at 7461 Hazcltine Boulevard, E~cclsior, Ca,,·cr
County, Minnesota 55331 and legally described as follows, to-wit:
That part of the Northeast Quarter of the Southwest Quarter of Section 9, TOlmsrup 116
Nonh, Range 23 Wcst of tile 5th Princip:ll Meridian described as follows:
Commencing at !he northeast comer of said Northe-1St Quarter of the
Southwest Quarter; thence on an assumed bearing of SOUtll 0 degrees 1 R
nÜRut~ 53 seconds East, along tile (3$t line of said Northca.st Quarter of
Ille SoutllWest Quarter, a distance of 1302,00 feet; tJlencc South 89
dcgrees 41 tl1Íl1utes 07 seconds West a distance of 540.00 fcel, to tJte point
of beginning of the land 10 be described; thence North 0 degrees IH
minutes 53 seconds West a <fut¡u¡ce of 135.00 fcet; thence South 69
dcgrees 41 minutes 07 seconds West a dist.,nce of 388,26 fccl, to the·
eenler line of Sbte Trunk Highway No. 41; Illence $Qullledy, along said
cenler tine, a disl!Utce of 496.69 feel, to tJlC intersection \\itil a line draWll
South 89 degrees 41 minutes 07 seconds West from the point of
beginning; thence North 89 de&rc"S 41 minules 07 seconds 8IS! a dislanc:c
of679.41 feel, to the point of beginning.
Subject to an =ment for access purposes over and across tiUlI part of V,C abol'e de-scribcd
property whieh lies soutil\\'csterly of a tine descn'bed as follows:
Conuncndng al tite $Ou(J¡c.(\S! comer of tile abol'e describŒ! property;
thence on an assumed b<:ating of South 89 degrees 41 minutes 07 seconds
West, along tlie south litie of said abol'e described propert)'. a dis1ance of
500.00 feel, 10 tile beginrung of tile line to be described; thence North ~5
dcgft:CS IR minntc..<; 5:1 .c;~c{)llds \Vest a di~I.1rlcc of IR9.7.Ú feel, hi Il1t'
westerly line of the above describŒ! pro¡>ort}· and said line there
terminaúng.
Togetiler \\ith M easement for access purµoscs over and across tim po~ of the !\'o~Jlç.ast
QJ'U1er oftlle Soutilllest Quarter of said Sec'Jon 9 described as foUows:
Coltltlteltcillg at the nor1llcasl comer of said Nortlic:L11 Qu,uter 01 tliç
Souti",1Ost Quarter; thcnce on an assumoo bearing of SOuÙt 9 dq;ro:s I ö
111ÎllUles 53 seconds East, along the = line of said NorJlc;lS1 Quarter of
the Sou()¡west Quarter, a dist.'U1ce of 1302.00 feel; theoec SouÙt 89
degrees 41 minutes 07 seconds West a dislanee of 540.00 feel; thence
Norlh 0 degrœs 18 minutes 53 seconds Wcst a distance of 360.00 feel;
thence North 45 degrees 18 nÜRules 53 seconds West a distance of 135.00
fee~ thence South 89 degrees 4 t minutes 07 seconds West a disUJlee of
235.00 feel, \0 tile point of beginning of tile c,1scment \0 be described;
tJK:nce Nor1l145 deg",es 18 minutes 53 seconds West a dist.,nee of 135.68
feet,. \0 the cenler line of State Trunk Highway No. 41; !hence $OutiK:rl)'.
along s,ud center line, a distance of 111.77 fecI, (0 the intersection lIitil a
line dcalm Souù¡ 89 degrees 41 nùnules 07 seconds West from the poilll
of beginning: Ùlcncc North 89 degrees 41 minutes 07 seconds East a
distance of 153.26 feet, 10 tile point of beginning.
'"
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
RECEIVED
MAY .2 2 2002
CITY OF CHANHASSEN
APPLICANT: 0u':;;Aí^J Md,IL¿J.S-æP-
ADDRESS: 'Î <I &1/ H,\) )£/,/ i"--é 1?' -I.{:)-
. ,}' .tJ ^ .;' - ,:. I
e4f¡ /'J¡ IÏ"J~::X::v\..
OWNER:
ADDRESS:
7N 71/t é
5>A7V1t.-
!(-IL( [;J10
G.z!T'.{Ë
TElEPHONE (Day time)
TELEPHONE:
_ Comprehensive Plan Amendment _ Temporary Sales Permit
- Conditional Use Permit - Vacation of ROWlEasements
.x Jntedm Use Permit - Variance
_ Non-conforming Use Permit - Wetland Alteration Permit
_ Planned Unit Development' _ Zoning Appeal
_ Rezoning _ Zoning Ordinance Amendment
_ Sign Permits
_ Sign Plan Review _ Notification Sign
- Site Plan Review' --K.. Escrow for Filing Fees/Attorney Cost"
($50 CUP/SPRNACNARlWAP/Metes
and Bounds, $400 Minor SUB)
- Subdivision" TOTAL FEE $
A fist of all property owners within 500 feet of the boundaries of the property must be included with the
application.
BuDding material samples must be submitted with site plan reviews.
"Twenty-six full size folded copies of the plans must be submitted, including an Sy," X 11" reduced copy of
transparency for each plan sheet.
- Escrow will be required for other applications through the development contract
NOìE - When mu~jple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME AI ¡~'S /!o:.-"c'f-':;.
LOCATION 1t(lvt IfA'l-ELíl/J¿
FJ';¡ (.? H\
'Bi-l·b .
LEGAL DESCRIPTION
TOTAL ACREAGE
{"o\
WETLANDS PRESENT
A - 2-
YES
\(.
NO
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
I L< r:.'
REQUESTED LAND USE DESIGNATION
II ......
,\ - /
. -
J l( T~
REASON FOR THIS REOUEST
I'r
¿-l:_
Ii rT~')UIII'v"'-- 1=)'(2.
L .,-'" )2-- \ l./ ~¿;,-/~¡-,,\
¡"A~ (/'..1 1../ ') "--I
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 ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten 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.
1 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.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extension re approved by the applicant.
<.-.~....'.~-_.....<-
I
."
i /é'
.... ".. ~
../ J-;)- az-.-
Daté
Signature of Fee Owner
Date
Application Received on
Fee Paid
Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant's address,
The revised plan allows space for two buses at one time as I know this could become one of the
problems I will be encountering as most school districts send out an average of I to 2 buses per
field trip. While I don't anticipate more than one bus on most other occasions, it could very easily
come about that one bus could arrive earlier than scheduled and/or one bus might leave later than
planned (you know how those little kiddies can get--sometimes a bathroom visit before leaving
could become a lunch hour.)
The width of the driveway as shown on my plan has been cut in half, resulting in less impact on
the woodland area and eliminating the need for a retaining wall. The driveway and parking areas
will all be pervious surfaces. The bus parking area will be created with an invisible structure
product, or similar, so that no gravel will be put in, only grass. Eventually, my goal will be to hide
all parking areas and allow only the driveway to be gravel.
Accessing fÌ'om the very western side of my properly as I am requesting allows a specific
controllable spot to collect admission fees. Also, it allows me to use all of my property fÌ'om
west to east instead of breaking the parcel in half and only using the area which would be west of
a north-south driveway through the middle of my property. About half of the eastern side of the
property is all green space in keeping with the farm's integrity. To have the property divided in
half by a driveway would render about 2/3 of the area unusable, which would be a definite
impediment to the success of my operation.
Because the new driveway and parking configuration disturbs much less vegetation and far fewer
trees (only 2), I am also requesting that the prior condition requiring additional trees and plantings
be revised. As can be seen fÌ'om the plans submitted, the site is heavily wooded with much
underbrush and existing vegetation which will not be disturbed and there is very little room on the
site on which to plant additional trees or shrubs.
As to the location of the daffodils, unless and until I am able to purchase the small area ofland
between my property on the south and the edge of the street right of way, I am limited to planting
the daffodils in the area as I have designated on the plan.
As we discussed and as is of record in the minutes of the initial approval of my Site Plan and the
approval of the IUP, there may very likely be other areas of modification which may become
necessary in the future, whether triggered by operational needs or by the constraints of preserving
the historical integrity ofthe farmstead. I would appreciate confirmation of my original
understanding thàt I will be able to bring minor changes to staff and, ifnecessary, to the Planning
Commission and/or Council with a minimum of cost to me in the form of additional fees. This
project is unique to all of us and neither the City staff nor I can anticipate all of the needs that may
need to be met in order to make the undertaking successful to the benefit of Miss Rosie's Farm as
well as the community.
/þ~~ 7)1a~~
RfCEIVfD
MAY 2 2 2002
CITY OF CHANHASSEN
(I SIBLE STRUCTURES. INC. .. Grasspave2
hup:! Iwww.invisiblcstructurcs.com/GP2/grasspave.htm
(/JI!fPrô~A~d Enhance TIre Environment!
,
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Roll Sizes
Tech Soecs
Articles & Letters
., ,.'
iõ~',"~~~<¡:
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Material Safety
Proiect Profiles
Hvdroarow
Larae Rolls
Brochure
Grasspave2
Porous Paving System
Description:
Grasspave2 is a structure which provides
incredible load bearing strength while
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development, and storage capacity for rainfall
from storm events. Storm water is slowed in
movement through and across Grasspave2
surfaces, which deposits suspended sediment
and increases time to discharge. Suspended
pollutants and moderate amounts of engine
oils are consumed by active soil bacteria,
which are aided by the system's excellent
oxygen exchange capacity.
Benefits:
· Pervious Load Bearing Surface
· Storm water Pollution Filtration and
Treatment
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"Cool" Surface
· Tree Growth within Parking Areas
Applications Include:
· Overflow Parking
· Firelanes
· Event Parking
· Driveways
· Employee Parking
· Utility Access
· On-street Parking
· Pedestrian Access
· Handicap Parking
,II':;/,,) )O~ 02·,-1 ð. t."
,'t v IJIULL':' II'..UI.... I Urd.:'':', IPH... -- UlaSSpa\CL
http://www.invisiblcstructures.com/GP2/grasspave.
· Emergency Access
· Infiltration Basins
Size:
Manufactured in I square meter units (3.3' x
3.3') or quarter-meter units (1.65 feet x 1.65
feet) and assembled into rolls. Please view our
Roll C/Wr! for dimensions.
Portland Trailblazers Basketball Facility
TUGlatin. Oregon - Grasspave2 Firelane
l:h!IllC I_Ci_G"ce0..!.s:è I Gr", ell'''' ell R"ill,torL'2[ SlorL'talllc:> I DraillL'orcl Sllrdoot~ I
Beachrill!.!~l
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MISS ROSIE'S FARM®
The purpose for my request is to enable me to operate a petting farm from my existing hobby
farm. My goal is to preserve the farmstead look and lifestyle with an historically correct (as
much as possible) 1920's genre. Visitors will be charged a small fee and in return will receive an
enriching experience for children and adults alike--an unforgettable way to have fun without
superheroes or violence.
Initial year around acti,·ities \\ill includc such things as
Hands on petting farm opportunitics
Pony rides
Goat milking
Learning about the farmlifc through storics rc"d and told
Playing old farm games
Educational opportunities through Carver County 4-1-1 animal projects (abilitv to lease
li,·estock and bring them to the Can·cr County tair. potcl1tialh· qU3Iif:_ing for
prizes and to go to the state Fair.
Barbccucs in the summcr kitchen.
Future acti,'ities may includc all or somc of the follo\\ing acti,·itics or rclated "cti,·itics·
Vic\\ photos of\\ildlife rehabilitation projects currcntl,· being conducted r:t \lis, Rosic's
Frog pond catch and release
Bluff Creek nature walks
Picnic lunches-to-go
Picnics in the \\oods - blankets, not tables <
Therc \\ill bc farm-rc]ated items for sale including
The adventures of Miss Rosie's Farm (storybooks written by Miss Rosie)
Natura] fertilizer (creatively packaged)
Fresh eggs in brown, mint green, light blue, pink and oli"e green colors
Farm- rclated giftware and momentoes
Antique farmhouse treasures
Preserves
Garden vegetables
Potted herbs and plants such as goatsbeard, hens and chickens, etc.
Bluff Creek (trademarked) stepping stones offered in 2001
ßluffCreek (trademarked) pottery, note cards and other selected merchandise, 200]
(Of the Bluff Creek sales, a percentage of profits will be donated to maintain the Bluff
Creek Headwaters, Woods and Bluff Creek Area)
Examples of special events:
Winter:
Summer:
Live Nativity, Christmas Caroling - Christmas Holiday Season
Sheep shearing demonstrations with children participating in gathering and
bagging the wool for market.
Learn how to swing lariats and lassos with a real cowboy.
FFA one-day workshops
Hours of Operation
Days of Operation
Season of Operation
1000 a.m to 700 p m
Initially 5 davs'week. futurt' 7 da\·s/week
Year around
Par~il1g
LocJtion
:-\0 \·ehiclcs. :0 plus 2 buses
10 cars and 2 buses - See Sitc Plan for current and future locations
AdditionaIO\wJlo\\. 10 stalls along dri\·e\\ay coming to 1àrm tî·om \\.. 7Sth St
:\ote Tours and \·isits will be planned so thilt no mort' than a m3"imum of
1 00 people will be on-site 2.t Jny one time ~<o morc than a I1lJ:\imLlIll of:O CJrs arc
anticipated at anyone time.
DC5C¡iptio:l njï~\isting Bui]dings·
House
Barn - 2-stories (upper le\·el is not currt'mly used but ma\ be u,ecl in the
1uture for small gatherings such as binhdilY panies)
Lo\\er Le\'el - walk-through animal viewing
Existing garage - Product sales. (Future product sales from expanded
garage or similar larger building to be acquired/constructed)
Pump House
Pony Stable (not enclosed/pole type) approx. 20' X 20'
Chicken Coop
.
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future Buildings: Summer Kitchen 10' X 12"
Chicken Coop - to replace existing which will be used for storage
Wildlife rehabilitation building, approximately 10' X 14'
Summer Kitchen Building - Approximately size of a single garage, to be
used for food items, BBQ's and other packaged picnic items
Potential addition to house of approximately 1/2 existing footprint to be
used for home office
Additional Elements Windmill and potentially a silo
Signage:
Identification at W. 78th Street Driveway, approx 4' X 8'
Upcoming Special Events Chalk Board
12" X ]8" signs including for example: Absolutely 1\0 Smoking. Bathrooms, :2 MileslHr,
No Customer Animals Allowed, Store, Do not Climb Fences, Chalk Board. Overflow
Parking. Etc.
Lighting
E:\isting
:2 :-'1ercury 'apm lights (I moul1!cci on pole 2nd] mounted on barn) shielded to
direct lighting dOWT1\\'ard
Future
Decorati,·c street lamp at yard cntry
4 Lo\\' IC"cl wattagc cxterior lights on cast cle',llion of barn
I :-'lcrcur, '·2por light on nonhcrn c!ri,·c\\·a,·
'\"umbcr ~-)r rmpJo:-"CC5
lurrcntl\" :2
Future 4-'
,
Example of Animals to be A\'ailable:
(Note: This list is an example only. exact numbers of species will \ar; from time and species
selection \\i[[ \·ary from time to time, but is not expected to \·ary dramatically from the list set
forth below.)
Species Q~l~ntity
Shetland Size Ponies 6
i\1jni Donkey I
Ì\1;ni Horse 1
Potbellied Pigs 3-4
reeder Pigs -\
Sheep 6
Pygmy goats -\
i\1ilking Goat ]
Rabbits (,
Chinchillas 2
Red r ox
Hedgehogs 2--\
Young Calr I
Gaggle of geese 8-12 <
Ducks 3
Chickens 20
Exotic White Peafowl 2
Red Golden Pheasants ,
0
Prairie Dogs :1
Various Rehab Animals such as squirrels, chipmunks, fox, coyote. (These animals require a
separate building so that they can be segregated from the animals \'iewed by the customers.)
Miss Rosie's Farm is a registered trademark with the U.S. Trademark and Patent Office. Several
of Miss Rosie's stories have been written in a series entitled The Adventures of Miss Rosie's
Farm. They are stories of life from the animals' perspective.
Giftware items might include milk stools, goats milk soap, wool batts made of sheepswool.
prairie dresses, reproduction prints of early 1900's old masters depicting farm hestock and
poultf}' \'arieties, etc.
.\1iss Rosie's Farm has been USDA approved for the care and feeding of animals for purposes of
a commCfcial petting farm.
With respect to compliance \I·ith the Cit).'s general standards for issuing conditional use permits,
the applicant believes that:
I. The farm is and will continue to be operated in a wa)' that is not detrimental to nor will it
endanger the public health, safely comfon and cOI1\·enienc(' or general \\ elfare of the
neighborhood or the city.
') Cpon approval of the 8pplication it \I·ill be consistent \lith the zoning for ¡he propeny.
3
The locations of buildings on the site will not be changed immediately and any future
addition of buildings as set forth on the Site Plan submitted \I·ill not dramatically change
the 8ppearance or character of the site. By preserving this site as a 'farm' the City will be
preserving some of the romantic qualities of the rural flavor, rolling and wooded
countryside which the residents of Chanhassen find so compelling.
.
.
4. The farm is now and will continue to be operated in a manner which is not hazardous or
disturbing to existing or planned neighborhood uses. There is a significant buffer at the
north and east property lines comprised of wetlands, hills and tree canopy. There are no
plans to clear these areas. The west and south property lines will abut existing and/or
proposed roadways.
5. The use requires no increase in public utilities, police or fire protection or other public
services.
6. As stated at No.5 above, the approval of this application will not create excessive (no
additional) requirements for public facilities and services and it will not be detrimental to
the economic welfare of the community, rather it will be an enhancement.
7. Similarly the use will not produce excessive traffic, noise, smoke, fumes, glare, odors,
rodents or trash. Management practices have been put in place to curb the potential
existence of problems from odors, rodents and trash (manure).
8. The vehicular approaches to the property are those which currently exist and/or which
will be created at the time of the completion of the frontage road which will abut the
property. No traffic congestion will be created nor will the surrounding public
thoroughfares be negatively impacted.
9. The use will not result in the destruction, loss or damage of solar access. natural, scenic
or historic features of major significance.
10 and] I. It will continue to be aesthetically compatible with the area and will not depreciate
surrounding propeny \'alues. See answer at 1\'0. 3 abo\'e
12. Cpon apprO\·al of the modification requested. the use \lill mcet standcrds prescribed for
cèrlcinuses set fOl1h in the Code.
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Minnesota Depertmenl otTransportatlon
Metropolitan Division
Waters Edge
1500 West County Road 82
Roseville, MN 55113
June 12,2002
Mr. Robert Gcnerous, Senior Planner
City of Chanhassen
690 City Center Drive
Post Office Box 147
Chanhassen, Minnesota 55317
Subject:
Miss Rosie's Fann--Mn/DOT Review #802-033
East of Trunk Highway 41 IIIld North ofTl11nk Highway 5
Chanhassen, Carvel' COWlty
Control Section 1008
Dear Mr. Generous:
The Minnesota Department of Transportation (MnIDOT) has reviewed the above referenced site
pJan. In addition to our previous review (#SOI-077) comments, dated January 15,2002, please
address the follo\ving issues:
. The submitted plans do not show the northern boundary ofthe property, ineJudin!> the
proposed access to Trunk Highway 41. As noted previously, the proposed northern access
will be permitted for private use only (i.e. for personal use by thc property owner) and the
existing driveway must be closed. Those visiting the property for the purpose of the business
will use solely the West 78"' Street access. Again, the site plan must bc modified to reflect
that the proposed driveway is for personal use only. If you have any questions regarding this
information, please contact Curt Fakler, Area Engineer, at (651) 582.1382.
. Mn/DOT is in receipt of a grading permit. The permit will be processed following site plan
approval by the City Council at their June 24, 2002 meeting. Please direct questions
regarding pcrmit prooedures to Keith VanWagner (651-582-1443) ofMn/DOT's Permits
section.
Please address all future correspondence for development activity such as p1ats, site pl.ns,
environmcntal reviews, and comprehensive plan amendmcnl~ to:
Paul Czeeh
MnlDOT - Metro Division
Waters Edge
1500 West County Road B-2
Roseville, Minnesota 55 113
Mn/DOT document submittal guidelines require three (3) complete copics of plals and two (2)
copies of other review documents inoluding site plans. Failure to provide three (3) copies of a
plat and/or two (2) copies of other review documents will make a sublnittal incomplete and delay
Mn/DOT's review and response to deveJopment proposals. We appreciate your anticipated
cooperation in providing thc necessary number of copies, as this will prevCl1t uS from having to
delay and/or return incomplete submittals.¹
An equal opportunity employer
Feel free to contact me at (651) 582-1378 if you should have any questions.
ee: Jom Freemyer, Carver County Surveyor
Rogcr Gustafson, Carver County Engineer
Hansen Thorp Pellinen Olson Inc.
MnlDOT Division FiJe C.S. 1008
MnlDOT LGL - Chanhassen
2
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Minnesota Department ot Transportation
Metropolitan Division
Walers Edge
1500 West County Road B2
Roseville. MN 55113
June 12,2002
Susan McAllister
7461 Hazeltine Boulevard
Chanhassen, MN 55331-8001
Phone: (952) 474-5099
Re: New Driveway Off of West 78th Street Frontage Road
Susan McAllister and MnlDOT have been working logether on a proposed new driveway off of
West 78th Street since September of 1999.
Sin~~
John Isackson, P.E.
MI1/DOT Area Right-of-Way Manager
Phone: (651) 582-1273
Fax: (651) 582-1496
CC: File
An equal opportunity employer
TOTAL P.01
CITY OF
CHANHASSEN
7iGO M~¡ket 8oule~ard
POBox 147
C~j~tass~n. MN 55317
Administration
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Buildinginspeclions
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Engineering
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Finance
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May 9, 200~
Susan McAllister
7461 Hazeltine Boulevard
PO Box 3 11
Excelsior, MN 55331-800 I
Re: Access for Miss Rosie's Farm
Dear Susan:
Engineering has reviewed your plan submittal of a commercial access for Miss Rosie's
Farm. The plan submitted does not indicate the width of the proposed driveway. Please
have this information dimensioned on the plan and submit a final signed copy for final
review.
In addition. the following issues raised in the February 15.2002 letter to you and signed
by Kate Aanenson, Teresa Burgess, and Mark Littfin still need to be addressed.
Please submit:
· A plan showing the oppropriate signage for the .W..>. accessible parking area and
bus stop.
· A maintenonce schedule for the gravel drive for review by the City.
· A letter of credit or escrow in the amount of 125" 0 of the cost of the annllOl
maintenanct.
In addition. as a condition of appro,·al you w¡ll be required to sign an agreement thot:
· The propeny owner will submit on annuol inspection report confirming that the
dri,·e has been properly maintained to ensure the i·ton design remains viable.
That inspection to be performed by someone mUNally agreeable to the property
owner and the City of Chanhassen.
· If the maintenance schedule is not met the City reserws the right to perform the
mointenance and bill the property owner for actual cost plus 30% for
administrati,·e costs.
· Should it become apparent that the property owner is incapable or unwilling to
momtain the i-ton grovel road appropriately, the drive any related parking areas
would be closed for commercial use until such tlme as they are reconstructed to
meet the then current City Stondards for commercial drives.
If you have any questions, please contact \Iahmoud Sweidan at (952) 227·1 165 or bye.
mail at mswçidan(cici.chanhassçn.mn.us.
Sincerely,
CITY OF CHANHASSEN
('C,-~'ß.-\~
Teresa Burgess, P.E.
Director of Public Works/City Engineer
c: Kate Aaenson, Community Development Director
Mark Littfin, Fire Marshal
Mahmoud Sweidan, Engineer
g:'eng'teresi',rosies faml ao.:ce~s 5-9.0:!.doc
The City 01 Chanhassen . A gro','Iing CQr;¡r;¡~"::tï .'¡I;~::~a"~"~.1 ~"~ '; è:;~SG:) '1 :"~f'- -~ ~Q'.'IrHa'.vf1, ~~r';':;j iMin:~:~: :¡':"j 'ra!:. ~nd t::'!'.:;ji ~arks..A. Ç~3¡ 2!ac8 to live. work. arTd play
CITY OF
CHANHASSEN
690 City Cfllter Drive
PO Box 147
C!Jß/¡Jw;en, Minnesota 55317
Phont
952.9311900
Cmeral FIlX
952.9375139
Engineering Department Fax
952.9379152
Building Depll/'t1J/eIlt Fax
952.934.2524
Irfb Site
U'li'l/:á.(hlilhU.i1'II.iìlll./fS
February 15, 2002
Susan McAllister
7461 Hazeltine Blvd
P.O. Box 311
Excelsior, MN 55331-8001
RE: Access for Miss Rosies Farm
Dear Susan:
This letter is in regards to your request for a gravel driveway rather than a paved
access. The City's concerns with a gravel drive are that the driveway must
provide access in all weather conditions to the customers of Miss Rosies Farm,
and provide access to all emergency vehicles. Your interim use permit is for a
business operation.
Drives that serve a commercial use must meet a minimum 7-ton, 26-foot wide
design One of the City's standards for a 7-ton design is that it is paved.
If you wish to deviate from this standard (paved) you will be required to submit to
the City the following:
· A cross section similar to the one shown on the attached standard detail.
· A plan showing the new layout along with appropriate signage plan for the
ADA accessible parking area and bus parking.
· A maintenance schedule for gravel drive for review by the City.
· Letter of Credit or Escrow in the amount of 125% of the cost of the annual
maintenance.
· As a condition of approval, you must sign an agreement that:
· The property owner will submit an annual inspection report
confirming that the drive has been properly maintained to ensure
the 7-ton design remains viable. That inspection to be performed
by someone mutually agreeable to the property owner and the City
of Chanhassen.
· If the maintenance schedule is not met the City reserves the right to
perform the maintenance and bill the property owner for actual
cost plus 30% for administrative costs.
· Should it become apparent that the property owner is incapable or
unwilling to maintain the 7-ton gravel road appropriately, the drive
and any related parking areas would be closed for commercial use
until such times as they are reconstructed to meet the then current
City Standards for commercial drives.
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Miss Rosies Farm
February 15, 2002
Page 2
This is an administrative decision. If you disagree with this decision you may appeal to the
Planning Commission.
Sincerely,
/¿1,{o ·1D~:tÎl\
(\~~
Teresa Burgess
Public Works Director/City Engineer
Kate Aanenson
Community Development Director
~{ci7
Fire Marshal
Enclosure
CITY OF
CHANHASSEN
690Ci9' C'l1IaDril',. PO Box 147
CllO/dldss",. Minnesota 55317
Pbon, 612.9371900
Gmeml F", 612,9315139
EI/gil/ceril/g Fax 612.937.9152
PuM/( S,ifi'lJ' Ffix 612.934.2524
m'bu'u'u:á,rhl/1hu.íi'i/.il/II.lIs
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July 25,2000
Ms. Susan McAllister
7461 Hazeltine Blvd.
P.O. Box 311
Excelsior, MN 55331
Dear Ms. McAllister:
This letter is to formally notify you that on July 24, 2000, the City Council
approved your requests for a zoning ordinance amendment (ZOA #00-1) to allow
petting farnls as an interim use in the A-2, Agricultural Estate District and an
interim use pern1Ìt (IUP #00-2) to operate a petting farm, subject to the plans
dated February 22,2000, with the following conditions:
I. The site plan shall comply with Sec. 20-267. Petting Fanlls as prepared by
staff.
2. Accumulation of feces shall be located at least 200 feet from any well.
Accumulation of feces shall be removed at such periods as will ensure that
no leaching or objectionable odors exist. The premise shall not bc allowed
to become unsightly.
3. Parking shal: be limited to 10 stalls with the provision for only I bus.
4. The applicant shall submit a landscape plan for the proposed development.
The applicant shall show the location, size and species of proposed trees
and shrubs.
5. Landscaping shall be added to the area between the parking lot and West
78th Street to provide a buffer. Included in the plantings shall be 2
overstory trees, 6 understory and 6 shrubs.
6. Landscaping may be required for the parking lot if it exceeds 6,000 square
feet.
7. The site shall only have access from West 78th Street.
8. A dead animal disposal plan shall be submitted to the city for review.
9. The permit shall be reviewed annually to deternline compliance.
... .__.._.,..:.1. ,/... /,/
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I' ·r, r ,
Ms. Susan McAllister
July 25, 2000
Page 3
14. The septic system shall be brought into compliance prior to the operation commencing
on the site. In addition, maintenance and inspection reports on the new system shall be
submitted to the City on a biannual basis. At such time as the new system becomes non-
compliant and sanitary sewer is available the property shall connect to the sanitary sewer
as per the requirements in place at that time.
You cannot operate the petting farm until all conditions have been met and the interim use permit
is recorded at Carver County. The recording fee is $50.00. Please remit this fee to my attention.
Also, we show that the property owner's list fee of$10.50 has not yet been submitted.
Should you have any questions, please feel free to contact me at 937-1900, ext. 117.
Sincerely,
u
ICP
c: Steven Torell, Building Official
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Minnesota Depa/lment ofTransportation
Metropolitan Division
Waters Edge
1500 West County Road 82
Roseville, MN 55113
October 30,2001
Ms. Susan McAllister
P.O. Box 311
Excelsior, Minnesota 55331-8001
Subject:
State Project (S.P.) 1002-61 Trunk Highway (T.H.) 5
Private Driveway
Dear Ms. McAllister:
On October 29,2001, Mn/DOT and the City ofChanhassen met with you to discuss the
issues with regards to your driveway. The issues discussed were the historic nature of the
property, the zoning ordnances ofthe City and the timeline of the Mn/DOT work.
Mn/DOT is requiring that the southerly driveway on TH 41 be closed for safety. As a
result, Mn/DOT is placing a driveway apron on West 78th Street and working toward a
settlement for you to place a driveway on the property as you see fit within the
appropriate zoning ordnances. Due to the tight timeline, Mn/DOT will pursue
condemnation for this settlement. This action is strictly being taken to keep the timeline
of the existing work. If a settlement can be reached prior to the completion of the
condemnation, then the condenmation will be halted.
The City ofChanhassen has expressed that they are willing to review plans for a new
plat. This new plat is understood to alter the driveway location from the existing plat of
the same property. The City has made commitment that if you have a plan to them prior
to Thanksgiving, they will review the plan and be ready for the December public hearing
date. Then the City council could act on this as soon as January 2002. At any rate, the
City believed that the process could be completely done by about March I, 2002. This
timeframe should fit within the Mn/DOT's process as well.
You had made commitments to deliver a plan to the City ofChanhassen prior to
Thanksgiving. Additionally, you were going to provide John Isackson with tWD quotes to
construct the driveway.
I want to thank you and the City of Chanhassen for the work on this issue.
s/rre~¡;Jt:A
~er
Area Engineer
;.' .:' ;'.'-;;~' ''":D
- - '. ."" .~"." .~ .
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¡";JIj 0 5 2001
cc:
CityofChanhassen /þ,¿ Æ,,"'''9yt
John Isackson, Mn/DOT
An equal opportunity employer
~:;:'/ C'::' CO-Ii; ~ rl...JA1"'1 ""''-'J
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11
MINNESOTA HISTORICAL SOCIETY
ST A IE HISTORIC PRESERVATION OFFICE
October 5,2001
Mr. Gary Elftmann
St. Paul District Corps of Engineers
190 5th Street East
St. Paul, MN 55101-1638
RECEIVE
OCT 0 9 201
CITY OF CHANHM
RE: Pulte Homes- Arboretum Village development
Chanhassen, Carver County
SHPO Number: 2000-1434
Dear Mr. Elftmann:
Thank you for your letter regarding the above referenced undertaking. We have the
following comments:
1. Your letter indicates that you feel the area of potential effect for this project is
limited to the impacts of placing fill in the wetland areas and the construction
activities in areas immediately surrounding those wetlands, rather than the
impacts of the entire housing development. We would appreciate further
consultation on this issue with the Advisory Council.
2. We concur with your determination that the Rose-McAllister Farmstead meets
National Register criteria.
3. We concur with your determination that the undertaking will have an adverse
effect on the farmstead.
4. You have proposed landscape mitigation measures to address the visual
effects of the construction on the farmstead. In order for us to evaluate the
appropriateness of these measures, we need more detailed information on the
proposed landscape design.
5. We are aware that the owner of the farmstead has concerns about structural
damage to the farm buildings that may be related to the development activity.
6. It would appear to us that formulation of a Memorandum of Agreement to
address the effects of this undertaking should include an opportunity for public
review and comment on the analysis of effects and on the proposed mitigation
measures.
:H:) KELUH;<..; BUL"LEY.\HU WEST / 5.\1:\1' p·\u.. ,\II;\NESOT..\ SSW2-1IJ06/TELEPIlO:\'E: (J51-:!Ý(I-(ll::!(,
We look forward to working with you to complete this review. Contact us at 651-296-
5462 with questions or concerns.
Sincerely,
~~~
Dennis A. Gimmestad
Government Programs and Compliance Officer
cc: David Berwick, Advisory Council on Historic Preservation
Brad Johnson, US Army Corps of Engineers, COE # 200102069
Susan McAllister
Kathryn Aanenson, City of Chanhassen
Randall Hedlund, Hedlund Engineering
Teresa Halloran, Loucks Associates, Loucks Report #00506
Charlene Roise, Hess, Roise and Co.
Jim Litsheim, University of Minnesota
Peter Olin, Minnesota Landscape Arboretum
Keith Cherryholmes, Minnesota Pollution Control Agency
Tom Cinadr, State Historic Preservation Office (CEF)
1)1.
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í diÍ{(dur~ìt I [istori~nls
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The Foster !lousc
100 0:orth First Strcet
~ !inllcapolis, Minnesota
('!2·33H-1987
,;
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Overview
On November 10 Abbey Christman visited the Rose-McAllister Farmstead on State Trunk
Highway 41 in Chanhassen to assess its potential eligibility for the National Register of Historic
Places. This determination of eligibility is in conjunction with the proposed Arboretum Village
residential development at the intersection of State Trunk Highways 41 and 5. Pulte Homes of
Minnesota proposes to construct seventy-seven multi-unit buildings, containing 385 residences,
on 107 acres at the northeast corner of the intersection. The Rose-McAllister Farmstead is not
part of the land to be developed, but the new residential development will surround it on three
sides, occupying land historically associated with the farmstead. Ms. Christman conducted an
exterior survey of the farmstead, which consists of a house, barn, and several outbuildings. Ms.
Christman also interviewed Susan McAllister, the property owner and occupant, and conducted
map and newspaper research at the Carver County Historical Society.
Farmstead Description
TIle farmstead lies east of Highway 41, just north of the intersection of Highways 41 and 5. TIle
house, barn, and outbuildings are arranged in a rough circle with the house on the west and the
bam to the east; all are painted yellow. The land east of the farmyard, the future site of the
residential development, is currently under cultivation. Trees encircle the farmyard except for the
'·outheast end, where a paddock is located.
Figure 1: House, view to east
-----------
TIle house is a classic example of
a Craftsman bungalow. The
Craftsman style was popular in
the United States in the first few
decades of the twentieth century.
The style originated in California
around 1905 and rapidly spread
through the country via pattern
books and magazines. This
bungalow is one-and-a-half
stories high with large gabled
dormers on the front and rear
facades. The side-gable roof has
wide, unenclosed eaves with
decorative brackets under the
gables. A porch fills the front
facade. A low wall of clay tile
surrounds the porch, which is
supported by square brick
columns.l
I Virgin;, 2Dd Lu.· '.kAlos1er, A Field Guide 10 Imerican Houses (New York: AlfTed A. Knopf, 1996) 453-455.
F05c·,lvfcAllisrcr Farms/cad Assessmenf~~Dccember 20aO-Page J
Thc roolïs shcathed in composition shingles. A brick chimney is locatcd at thc rcar of thc housl'.
Thc bungalow rests on a clay-tile foundation. A cistcrn is locatcd bcncatb thc housc. Narrow.
horizontal wood siding covers the house. The house rctains its original wood-Jj'amcd windows;
most are three-over-one. A few alterations havc becn made to the housc. Aluminum-framcd
combination windows hall'
bccn placcd ovcr thc
original windows. On thc
li'ont ¡¡lcadc, thc porch has
hccn cnclosed with
windows surroundcd hv
siding anù an a1umi!1111ll-
Ij'ame door unit. Thc
í
¡ columns and clay-tile \\all
j arc intact .'\ sk.\ I i.~.·hl ',\as
~1 "-
~ (Hldcd íHllliv Jl';¡! ¡'(hI!":!: I
-~ ."lidil1~·-~:Li_"> ,/'\\11 \\;1"
',; :Iddv,! t)fì lh" 'I ';;' !; ,-:111,
i
;¡c:Hk' I hi' ),;: 1_,:'
""01\lIlHI[11} tf,'-;i_'d ()j .1. ii-' J;I!T¡'I! I'
<lrc j()[ '-;l'li ill 111'- ¡';;" ,_'flllïii I; ',i ::: i Ii:;
luti ;lho\L' prp\ id, ::11JpL' -,lpr;!{', :¡).I
IÙr 11:!) Th\..' h;-1r-!1 r;:~-I¡ (1/1 :,1 :-:!\'ilc :1:,,:
COlìLT\..'k-hlud, 1(}[JlH.l1IÎuIJ \\ Iii I ¡!IL'
CX 10S('d h:l"';,L'111L..'!¡1 k\ \'¡ (ìJ1 ¡Lt..' l'¿¡"
rUll~lnll'kd nfL'I::> I¡k. ¡¡IV I'(1I1(!];I'
l'xpu:-;('d rdlh.__! uiL ~¡¡h¡ !> ",!h":¡¡ Il'd Ji'l
compo:-\iliun ~1hiJlgk's; 1\"0 \(]1liLi1t,¡<-, .!i,'
located on thl' I()O ' lidge. Thl' b:1!l1 is
CO\'.:rcd \\'it]¡ \'lTtied board-,J!\(J-l):¡u~Jl
siding. The owner reporkd thai the' barn j,
framed with lalge timber beams. A penl
roof runs the length of thc cast fae;1(!c.
Wood-framed windows line the east
facadc on the basement lc\'cI; windows ¡Ire
also locatcd on the Ion levcl of the
.>:nnbrcl ends. i\ n¡qicated concretc-block milk house with a gable roof is att3ched to the
':>:h<::"t (,':iE: ¡hc bam. Tk barn appears to be lJnaJtered with the c.\ccption of :'h!ì~'¡1h
Fi~.~Hn .,. House and harn~ view to aorlhc41sf
Figure 3: Barn, view to northeast
I 'Ill. [1 ~ 11 ] . , J ': ,
;/I)¡lli,' ';":];; ¡Ii
11,'¡!:" ¡.
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¡¡!; 11'."-,')\ '"I"
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. \'('l :""r~-.' .\100 -- /\¡gc
·
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.
Figure 4: Barn, view to north
if ;TIiJ
Two gahlc-roolCd outhuildings arc
located cast ol'the house. hetween (he
house and the harn. One of the
huildings has lerlical plank siding and
exposed rafter tails; thc other has drop
siding and closcd rafters. ^ hip-roofed
garage also lies cast ol'the house; the
garage has drop siding and exposed
rafter tails. The property owner
helieves these three outhuildings ;Irc'
original to the 1:lIll1slead A ne\\
chickcn coop j:-, locakd 11(11"1111.::1',1 (I!
the housc'
111l' (1\\!ILI lu:~ il"llI1i1.\ ::,'" l'd Hnl-'
lIindl.'L'tltl1-(TI1l1Ii": :\11¡!1\ìi!,iil):\:" '\n1'
th\: pn)jK'IÎ) Thl':-\,' -:ll"lI<..'(UIl''', :1\,_
luc;¡kd !I! ¡I]\,. "'.. ',I ,,·1 i!:l' II,,'" I!;I
these ",1nldli]'i" 'ili,:i¡jl
cin..:h' (II y·ì.~jll:)! I: ¡i'li iJiil,j¡¡;·'
11;1\ c- ~i 111i¡ ii 11:. II , 1\' ':1 ::. I.;: "
,,:h~lr<ll'IC! , ! :! " ¡,
is l'~;¡ah!j~:I1II1~' ": 11\,.-I¡JI)~· );11"1 )1,
pruperty, :-'(J till' h;JrIl" \'!'lhi:l. I¡I~':
<lnd 1Î.'lICl't! ('1ld\\~:l!r\,.· i! ii,
\'¡Jrious !;n,1f ;¡nim;J!: Iii., il',
hog~. ~i\;ìh. ''iI',1 ,.I'I¡~ I
i I, L;n~¡ I¡ \",!; ,his !:Inn lics was dairrJet! h\ !\1i":":!L('j ! \(Jd\-. "','d) :i! ¡))'... ¡:!¡);h'L" i¡!':1> \1
:'''''''''d.::· '" ¡he carly IS:'Os.' Mickle! L¡dd)~ r,,,..idcd "" ¡hi" Lind :::l1d ¡he i11id·IS'ills.
1.:~nh:::';',-'I, t"-bt maps fro!'n 1880 and 1889 show a "ìv1ichacJ L~:·ddy" owning ~ì!l cightY<hTL' p1u\
'this 1, ;:\i(¡IL II'! FchnJary I()~O an :J!1ic1c in the Chusl.-o 11'<.:â;(\' r..:lhy l!cr,¡J.JanJluulìccd Ih~il
...[ R(hC. ""ne' Ol'Ol!r successfull:mners and populm lesidcl1ls," had purchased the "old Liddy
,:ghIY-:icrc farm." The newspaper reports that the Liddy [arm had no buildings on it at this time,;
:1 is 11": Lnown whal happened to the original Liddy residence. The Liddy property adjoined land
, '1,·"dy O\'.11Cd by Val Rose, and its purchase hrought his "splendid farm" to 132 aeresJ
. , ~
, , ,- ~ i. L
;;d!! di::['\ f:¡r;lj I:] Li~~ nc\\'J"
(:¡~!; \è ;l Hi "¡:;lnL:l,,:d !!r-,'
Ie}!
',"-','Lh/, :"(, !"l
I :-:;9E, .:1-
1,(JO, j
PI Irch:tc;cd laneL ~u''::Ti !\'lc_:\ 11 i,:ki.
, .
hl)u~:c in 1923; th,.: L:~!ij \'.,~:'- ..:r" -;
¡hv
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following year. A dairy farm was operated on the property for twenty-five years. Val Rose
appears to have been a prominent member of the Chanhassen agricultural community. He was an
active member of the local Rovers Club, a social organization for farm families founded in 190 I.
The club met once a month at a member's house, except in summer when they organized outdoor
picnics. Meetings were often held at the Val Rose farm and included songs, stories, and food.
One member recalls that the meetings also provided an opportunity to exchange local news, such
as "what happened at the KeIzer place or at the Val Rose place or the Livingston place." The
club also held pie or box socials to raise money; the funds were used to provide sunshine boxes
for the sick and purchase wedding presents for club members.4
·
The Val Rose farm was subdivided in 1983, when Susan McAllister purchased the house and
farm buildings. The surrounding farmland passed into different ownership. The farmstead and
the fields have not been associated since that time.
Assessment of Significance
The Rose-McAllister Farmstead appears to be eligible for the National Register of Historic
Places as an historic district undèf Criterion A. The farmstead is significant for agriculture as an
example of a 1920s, small~scale dairy operation. The integrity of design and setting are good,
and the farmstead retains its historic character. When Chanhassen and the surrounding towns
were agricultural communities, such dairy farms were common. However, examples of these
farms are becåming increasingly rare with the expansion of Twin Cities suburban development
into Carver County. The period of significance begins in 1923, when the house was constructed,
and ends in 1950, reflecting the fifty-year cutoff required by the National Register.
The Rose-McAUister Farmstead was traditionally associated with adjacent farmland. The
surrounding area is being compromised by sprawl development, however, so it is only the
farmstead that appears to be eligible for the National Register.
Assess"!ent the Effect of the Proposed Development
The Rose-McAllister Farmstead is almost completely surrounded by a thick grove of trees,
except to the southeast. Although the date of the grove is unknown, trees were traditionally
planted in rural areas in Minnesota to protect farmsteads &om the prevailing northerly and
westerly winds. In addition, the grove now screens the Rose-McAllister Farmstead &om the
visual intrusion of modern development. The only gap currently provides a view of a farm field,
very much in character with the farmstead's historical setting.
That view will be altered by construction related to the Arboretum Village development. West
78th Street, which will provide access to the development &om Highway 41, passes to the south
of the Rose-McAllister Farmstead and is intersected by a northeast-southwest cross street
southeast of the property. "Outlot A" is north of this intersection; housing is to the north, east,
and south. In addition to this visual alteration, the development will change the access to the
farmstead, which is currently provided by a driveway that curves north and east &om Highway
41. A new entry road will be introduced leading north &om West 78th Street.
4 Daniel J. Hoisington, Chanhassen: A Centennial History (City ofChanhassen, 1996), 110-111.
Rose-McAllister Farmstead Assessment-December 2000-Page 4
1
.
.
Because the Rose-McAllister Farmstead appears to be eligible for the National Register, the
Arboretum Village development will have an effect on an historic property. This effect could be
adverse or not adverse, depending on whether or not the development harmed the farmstead's
physical integrity. The National Register identifies seven qualities of integrity: location, setting,
feeling, association, design, workmanship, and materials. While the new development would not
affect the integrity oflocation, association, design, workmanship, or materials, it would have an
impact on the agricultural setting and rural feeling of the farmstead by replacing agricultural
fields with new housing and roads. These elements are an intrinsic part of the historical character
of the farm. Thus, the proposed development would have an adverse affect on the Rose-
McAllister Farmstead due to the "introduction of visual, atmospheric or audible elements that
diminish the integrity of the property's significant features." The discontinuation of the old
access road and construction of the new road could be adverse or not adverse, depending on
details of the design.
Since the farmstead has survived since 1983 independent of the adjacent farm fields, the
economiç viability of the farmstead is not threatened by the development of Arboretum Village
on those fields.
Recommended Mitigation Measures
A dense growth of trees currently surrounds the farmstead except at its southeast end. Additional
trees planted in this location, similar in density and type to those in the existing grove, would
block the view Òfthe new development, mitigating the intrusion on the farmstead's setting and
feeling. The vista of farm fields will be Jost, but this is perhaps inevitable: the area's rural
character seems unlikely to survive the persistent development pressure from Twin Cities'
suburbs. The existing grove provides a precedent for a wooded enclosure around the farmstead.
The design of the new access road should be reviewed and approved by the State Historic
Preservation Office to ensure that it meets the Secretary of the Interior's Standards.
Rose-McAllister Farmstead Assessment-December 2000-Page 5
,.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
INTERIM USE PERMIT #00-2
I. l'cmlit. Subject to the tenns alld cOllditiolls set forth hereill. the Cit: of Clwllhassell hereby
gr[1nts a conditionalllse permit for the follO\\ing use:
to ,,110\1 petting farms as an interim use in the ;\-2. Agricultural Estate District
2. £11lJ-1C~. The pL'rmit is for pr(\peI1y situated in the Cit) of ChanlwSSCIl. Can CI" Coullty.
\Iillllesnt". alld legally described as sho\\1l Oil attached [~hibit A.
3. ('ollrlitiolls. The permit is issued to operate a pctting farm. subject to the plans datcd
February 22. 2000. \lith the follo\ling conditions:
a. The site plan shall comply \lith Sec. 20-267. Pctting Farms as prepared by staff.
b. Accumulation offeccs shall be locatcd at least 200 feet from any ,yclL Accumulation of
feces shall be removed at such periods as \I·ill ensure that no leaching or objectionable
odors exist. The premise shall not bc aIlO\'·ed to become unsightly.
c. Parking shall be limited to 10 stalls \lith the prO\·ision for only] bus.
d. The applicant shall submit a landscape plan for the proposed development. Thc applicant
shall shO\\; the location, size and species of proposed trees and shrubs.
e. landscaping shall be added to the area between the parking lot and West 78'h Street to
provide a buffer. Included in the plantings shall be 2 overstory trees, 6 understory and 6
shrubs.
f. landscaping may be required for the parking lot if it exceeds 6,000 square feet.
g. The site shall only ha,·e access from West 78th Street.
h. A dead animal disposal plan shall be submitted to the city for review. , ttul-:'-(j'
. 'A 1\1~{~~t
"., _( JOt JIJ.'
~1!¡.....rJü / ti / Ó ¿ß
01}-(ç / c,
1. The permit shall be reviewed annually to determine compliance.
J. The applicant must apply and obtain all necessary permits from regulatory agencies such
as Carver County, DNR, USDA, etc.
k. The interim use shall ternlinate in 10 years.
1. The Building Official's conditions are as follows:
I) All public buildings must meet code requirements as required for new buildings
because of the change in occupancy classification.
2) All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities.
3) Two accessible parking spaces must be provided.
4) Accessible sanitation facilities must be provided. Portable facilities may be
allowed with a seasonal use, ifpermitted by the building code. If permanent
facilities are required, two acceptable septic sites must be evaluated and located
by a licensed designer.
m. Thè USè proposed does require that permanent sanitation facilities be provided. t\\·o
rèstrooms. one male and one female.
n. A new onsite sewage treatment system must be installed.
o. The system must be sized to accommodate the \\·aste from thè d\wlling (this systèm has
recently been determined to be failing) as \wll as the waste from the business.
p. The new system must meet the requirements of Minnesota Rules Chapter 7080 for 'other
establishments.'
q. The food preparation facilities require approval from the i\jinnesota Department of
Health.
r. Structurcs intended for public use must be e\'aluated by a structural engineer to detèrmine
if the building is safe for occupancy.
s. The Fire Marshal's conditions are as follows:
I) A 20 foot wide fire lane shall be provided.
2) The Fire Marshal shall review the existing buildings to be utilized for the petting farm to
detennine code compliance.
3) Smoking is prohibited in any building used in conjunction with the business.
4) "No Parking Fire Lane" signs shall be installed on the fire lane.
5) Any new driveway must be designed to support the weight of a fire truck year round.
6) Any new driveway must be installed prior to the removal of the existing driveway.
7) The amount of combustible material (i.e., hay, straw, etc.) on the floors of any buildings
2
used in the business must meet fire code requirements.
8) All electrical wiring must meet code.
t. The septic system shall be brought into compliance prior to the operation commencing on
the site. In addition, maintenance and inspection reports on the new system shall be
submitted to the City on a biannual basis. At such time as the new system becomes non-
compliant and sanitary sewer is available the property shall connect to the sanitary sewer
as per the requirements in place at that time.
4. Tf'mlil1~ti()11 ()fPermit. The City may revoke the permit follo\\'ing a public hearing for "ialation
of the terms of this pennit.
5. Lap.s.e. If within one year of the issuance of this permit the authorized construction has not been
substantially completed or the use commenced. this permit shall lapse, unless an extension is granted in
accordance with the Chanhassell Zoning Ordinance.
6. Crim ill:l I p(>-~. Violation of the terms of this conditional lIse permit IS a criminal
misdcll1canor.
Dated: IlIly"4 "000
CITY or CHAè\IIASSEN
13y:
Scott Botcher, City f\1anagcr
STATE OF \1Iè\è\ESOT A )
( S5
COUNTY OF CARVER )
The foregoing instrument \\as aekno\\ledged before me this .J.·~-.JJay of 4k~'l¿'-;V-"
2000, by Nancy K. Mancino, Mayor and Scott Botcher, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation. on behalf of the corporation and pursuant to authority granted by its City
Council.
DRAfTED ßY;
G¡y ofChanhasscn
690 City C¡:ntcr Driw
Ch:mhasscn.:\1:\' :'5317
(6]21937-]900
~^^^^^^f\^^^^^^^^^>
~~ KAREN J ENGELHARDT~
W Notary Public - Minnesota
My Comrni~siQ 1 Expires 1(3112005
VVVVVVVVVVVVVVVV
3
EXHIBIT A
The panjes arc tile owners of a hoineslcad Icx:aled al 7461 Hazcltlne Boulevard, E~~clsior. Can'er
County, Minnesota. 55331 and legally described lIS follows, Io-wit:
ThaI part of the Northeast Quarter of tile Southwest Quarter of Section 9, To\\nsrup J 16
Nonh, Range 23 We$t oCtile 5th Prineip'll Meridian described as follows:
Conunencing at the nol11lC3St comer of said Northc.1St Quarter of the
Southwest Quarter; Ihence on an assumed bearing of SOUtll 0 degrees 18
minutES 53 seconds East, along tile casl1ine of said Northeasl Quarter of
tile SoutllWest Quaner, a distan<:e of 1302.00 feet; thence Soulh 89
degn:es 41 minutes 07 seconds West a distance of 540.00 feet, to Ihe poiul
of beginning of Ihe land to be described; thence North 0 degn:cs 18
minutes 53 seconds West a distance of 135.00 feet; thence SOUIlI 69
degrees 41 minutcs 07 seconds West a dist.,ncc of 388.26 fect, to the
cenler line of Siate Trunk Highway No. 41; thence $Outllerly, along said .
center line, a disl.1ncc of 4%.69 Ieet, to the intersection ,vitll a line drawu
South 89 degrees 41 minutes 07 seconds West from the point of
beginnÏl1g; tllenee North 89 degrtcS 41 minules 07 seconds East a dis1anæ
of679.41 feet, 10 Ille point of beginning.
Subject 10 an easement for access pUlp05eS over and across thaI part of Ute above described
property wruch lies souUl\\'esterly ofa ünc descn'bed as folio""..:
OJmmcncirtg at tlte southeast comer of tile above described property;
tbenœ on an assumed bearing of South 89 degrees 41 minules 07 seconds
West, along Ihe south line of said above described properly, a distance of
500.00 feet, to tlte beginning of úle line to be described; thence North 45
degrees 1& minulc.<; 5:1 .,~c{)ncl!> \VC~ <I di!>l;mcc of 1R?7.() feci, 10 Ihl~
westerly line of tile above described property and said line Úlere
tenninating,
TogeUler with an easement for 3ccess purposes over and across úm 1"'11 of me No~Jlç,l>t
Quarter oCtile Soutllwest Quartcr of said Section 9 described as follows:
Cortltrteltdng at tlte non.hcasl comer of said NortltŒ,<¡ Qu,uler 01 tl,e
South"..st Quarter; thcncc on an assumed bearing of SouUt 9 degro:s t 8
l1ÚJmtcs 53 seconds East, along the = line of said Northc.1S1 QuaI1er of
the Southwest Quarter, a dist.lIIoc of 1302.00 feel; thence SOUUl 89
degrees 41 minutes 07 seconds West a distance of 540.00 feet; Útence
NOM 0 degrees 18 minntes 53 seconds West ~ distant;<: of 360.00 feet;
thencc North 45 degrees 18 nÚllules 53 scçonds West a distance of 135.00
fec~ thence South 89 degrees 41 nùnules 07 seconds WC!it a distance of
235.00 fect, to úle point of beginning of Ille c.1scnlenl to be described:
tJlCncc North 45 degrees 18 rninUIC!i 53 seconds West a distMlee of 1J5.68
feet, to .the center line of Slate Trunk Highway No. 41; thence souU""ly.
aJong s;ùd center line, a disl.1nœ of 111.77 fect, to the illlcrsC(;lÍon wiUI iI
Jine dra\m SoUtll 89 degrees 41 nùnutes 07 seconds West from the point
of beginning: tllencc North 89 degrees 41 minutes 07 scconds East a
distance of 153.26 feet, to úle point of beginning.
I~
) / '\
p
jv~
City Council Meeting - July 24, 2000
that kind of stuff so we have very good comments from the departments regarding that. Last Thursday
we were at a meeting which was at Minneapolis training facility and recently council signed an
agreement for a mutual aid allowing, or including Minneapolis into our Southwest Fire League. And we
have the option with working down at their training facility. They're adding a lot of haz met training
sites so we're excited about getting down there and doing some training with Minneapolis. They can put
the training on for us and it's a first class facility when they get this thing up and running so we're
excited about that. We had an Edina Fire out recently. Edina Fire is specializing in technical rescue,
such as high angle rescue, confined space so if we have an incident, if we have an incident in our water
tower and it's above our capabilities, we can call on Edina and they can assist us as well if we had the
mutual aid in Minneapolis, if the big, big one hit but. But we can use Edina. We're training tonight with
Minnetonka. They're down on, as we speak they're down on Lake Susan. We had a house that a
gentleman bought and the city collapsed the house today and Minnetonka specializes in building collapse
so they are training right now as we speak, and Greg had invited Chaska to come up and also see how
they work out. We've been doing some work with Shakopee. They have a very established dive team
and they were used on our, the second drowning and also they were utilized for the recovery operation
that found the gentleman in the night so we're doing a lot of training with resources around us.
Upcoming events. Fire department participating in the city's safety camp in August for 2 days. We'll
havc our annual open house in the fall, so we're busy with those planning stages. As far as fires and the
in\'(~stigati\'e stages, Greg is a network with other fire marshals and fire inspectors, investigators in the
area and they get together once in a while. There seems to be a rash of satellite fires, not only in our city
but Shakopee and surrounding. And most recently we've had a couple of houses under construction that
hale had some small fires sct so we're working with the sheriffs office lIith the detcetilcs to try to scc if
lie can solie thosc arson fircs. Other than that, all is II ell.
Mayor Mancino: Good. Good. good. good. Great. any qucstions for Mark?
Coullcilwolllan Jansen: No questions. Thanks for coming.
i\1ark Littfin: Sure. So ifyoll get done car1y and YOll \\;\nt to see \\l1at \\'C do for building collapses.
lIe'rejust south oftolln hcrc a littlc ways so.
Mayor Mancino: South on 101 or"
Mark Littfin: South on 101. It's thc old Francis Klein house.
Mayor Mancino: Sure, okay. Thank you. Thanks for coming.
CONSIDER AN AMENDMENT TO THE CITY CODE ALLOWING PETTING FARMS AS AN
INTERIM USE IN THE A2. AGRICULTURAL ESTATE DISTRICT: AND REOUEST FOR AN
INTERIM USE PERMIT TO OPERATE A PETTING FARM IN THE A2 DISTRICT. 7461
HAZELTINE BOULEVARD, SUSAN MCALLISTER.
Cindy Kirchoff: Thank you. The applicant is requesting a zoning ordinance amendment to operate a
petting farm on property zoned A2. Currently the zoning ordinance does not permit this type of activity.
Staff does support the idea of a petting farm, and has prepared standards that address such issues as
minimum acreage, setbacks, number of employees, type of animals that are permitted and prohibited.
And also retail sales activity. And just a note, we did survey other communities to see what they had in
terms of ordinances for this activity and none were found. Just a side note. Staff believes that a petting
farm should be permitted as an interim use only. So a termination date can be established. The A2
9
City Council Meeting - July 24, 2000
district is essentially a holding zone for urban development. In particular in this area it is, it will be
brought into the MUS A area zone and municipal services will be available next year. The Planning
Commission did review this item on three occasions. The last one was on June 6th when they held the
public hearing. They unanimously approved the approval of the, unanimously recommended approval of
the zoning ordinance amendment with three changes in staffs standards. The first was, they
recommended that 3 employees be pennitted rather than the I that staff had proposed. And also they
recommended that we eliminate the exclusion of wild and exotic animals and change it to dangerous
animals shall be prohibited.
Mayor Mancino: Is that reflected in thc conditions of approval on pagc 15 and 16?
Cindy Kirchoff: No it is not.
Mayor Mancino: It's not? Okay.
Cindy Kirchoff: They also recommended that we change the dcfinition of petting farm, and that's on
page 3 of your staff report. Again, noting that non dangerous animals will be at the petting farm. In
terms of the interim use permit, they did recommend approval by a vote of 4 to I. They recommended
that the permit bc cxtended from 5 ycars that staff had proposed to 7 and '\c don't have any issues with
that so \\'e have changed that in the conditions of approval. Since the Planning Commission meeting staff
had become aware of a septic system problem at the subject site. The system has failed and a condition of
approval is such that the system must be brought into compliance and also meet the needs of the
additional users that will be on site once this acti'·ity does commence. Staff does recommcnd approval of
the zoning ordinance amendment with the standards that I handed out earlier, with the change to number
3. And the intcrim use permit with the standards that arc in the staffrcport. Andjust to note that. in
order for the zoning ordinance amendment to be approved we do nced four ,·otes out ofthc fi,·e council
mcmbers. Thank you.
1\1ayor 1\1ancino: Okay. thank you \'cry much.
Tcresa Burgcss: Madam Mayor and council membcrs. if I could just add one item. Dave Hcmpel and I
spoke this aftcrnoon on the matter of the septic system. We are anticipating that sanitary will be in place
in approximately I year, 18 months when the Pulte Homes development is completed. Our ordinance
currently requires that they connect within 12 months. In this case we would recommend that it be
treated similar to the propel1ies 011 Kings Road which were in a similar situation years ago. They were
required undcr the normal ordinance to connect but we waived that in the interest of getting a septic
system upgraded and then they were required to submit bi-annual reports of the maintenance records and
inspection of that septic system, when the septic system failed they were required to connect instead of
the normal 12 months.
Mayor Mancino: So help me. I have a couple questions, if you don't mind and other council members
can ask staff. Timing wise. Teresa you had said that MnDot. MnDot. Not the City ofChanhassen will
not allow the expansion of the use on this property until West 78'h Street is a functioning road? Can you
explain that you know, and can you, so everyone can hear. Can you hear Teresa back there? Susan, can
you hear Teresa? Okay. I just wanted to make sure.
Teresa Burgess: What MnDot will not allow is intensification of the driveway use so the use of the
prOpeJ1y could be changed but they can't intensify the use of the driveway without a permit from MnDot.
10
City Council Meeting - July 24,2000
And MnDot has stated they won't, they don't want to see that driveway intensified. They don't want to
see it used consistently for a higher use.
Mayor Mancino: So that ¡fthe applicant wants to, the applicant can talk to MnDot or submit something
to MnDot to allow them to intensify the driveway use. Obviously MnDot has told you no, that they
won't but the applicant can go ahead and submit something to MnDot requesting intensification of the
driveway use.
Teresa Burgess: Right, and that would be between the applicant and MnDot.
Mayor Mancino: So that is bctween the applicant and MnDot. The City doesn't have any jurisdiction
over that. So I want to make sure that the applicant understands that. Secondly, as in regards to sanitary
sewer. You must hook up to the new sanitary sewer when it becomes available, which will be within 12
to 18 months and between now and that time period when sanitary sewer is available to you. you may
talk to Teresa. I'm going to say that, and know exactly what you ha,·e to do for this year, year and a half
Betwcen that dates.
Teresa Burgess: Actually what I \\ould rccommend instcad Ivla) or is that we treat this one similar to the
Kings Road onc in which casc \\c wai\Cd that 12 month requircmcnt. ;-':ormally the) 're required to hook
up \,,¡thin 1 ~ months of the sewer being available hut she docs h3\'('. I'm not sure if jt"s a failing septic
system or ¡fit's nC<lrly faiJing but. it is failing?
Kate Aancnson: Yes.
Teresa Burgess: So we \\'3[11 tll.11 taken c:nc ofns soon as. it's a large cost to inst<dl [ 11('\\ septic
systcm.
1\1a)or Mancino: So should that be a condition ofapprO\al tonight?
Teresa Burgess: It should be added as a condition so she dnesn"t ha\'c to COIllC ¡nlalcr for a \ariancc.
!\.byor T\1ancino: Could YOll please. as \\'("1'(' going through this. \\rite up \\hrlt YOLl think \\C' should be
recommending and doing?
Teresa Burgess: Certainly.
Mayor Mancino: As one of the conditions of our apprO\al and \\e can then review that with the applicant
when she's up here too. Okay. If you could do that, that would be helpful. More questions?
Councilman Senn: Yeah on the scptic system. I was rcally curious, and maybe this is a question for the
applicant rather than you but what, are the facilitics basically going to be in the house and those arc going
to be the public facilities?
Teresa Burgess: I'm not sure what accommodations are being provided for the public but the existing
septic system is failing and that is only serving what's there now. It undoubtedly will get worse as they
have an increased usage.
Kate Aancnson: Can I address that question?
II
City Council Meeting - July 24, 2000
Councilman Senn: Yeah.
Kate Aanenson: The building official did address that. Yeah, there needs to be two rest rooms for public
facilities based on the amount of traffic anticipated. That's one of the questions that's still unresolved.
They need to provide public facilities and whether that system can manage it. As Teresa has indicated, in
the past we have allowed when someone puts an investment in for a new one, that even though it's
coming through, they've already made the investment a year or two ahead of time. That we would allow
them to continue to use that. But there is a condition in the staff report that was addressed by the
building official that they have to provide public facilities and yes, that would be accommodated if she
can design it such through her septic system.
Councilman Senn: Okay, and those will need to meet handicap accessibility and all that sol1 of stuff'?
Katc Aanenson: Yep. and the building official's addresscd that in the conditions.
Councilman Senn: Okay so, has there been any discussion of, especially given thc timing on this and the
shol1term naturc of the improvements coming in and all that sol1 of thing. I mean here's the reason for
my question I mean, ¡fyou're going 10 get into providing those kinds of facilities, you~re going to do it in
the existing residence. they're going to meet handicap accessibility and evel')1hing, you're talking about
big timc dollars in improvements I mean given, plus on top of that you have a failing septic system which
may be able to get by you know for a little while based on the existing situation but not a long term
situation. Why don't you go to something like satellites or something like that lIith handicap
accessibility and that 5011 of thing to meet your requirements until somcthing permallcnt could be put in
place? Imcan it just seems to me it was...
Katc Aanenson: No, ¡ think that's a good question and I think that as part of the feasibility she'll haYe a
number to look at. Whether or not it's cost cffecti,·e to connect now or to provide the senices. She has
provide, tile applicant has provide the facilities for the use. So there is two ways to accomplish it but
what's Teresa's saying is that if she chooses to use the septic system option, then we would lIai,·e that.
Cel1ainly as those numbers would become available as that sccond fcasibility is.
Teresa Burgess: And actually the sanitary system that's going to be 3I·ailable will be lIith the
development of the propel1y adjacent to her home. It's not pal1 of the BC-7, BC-8 feasibility stud) that
was rcceived this evening. It's actually a developer that's proposing to come in and she would be able to
access off of that systcm and we liQuid thcn be within the 300 feet dcsignatcd by ordinance as
availability. She's too far away from BC-7, BC-8...
Councilman Senn: Well cost prohibitive based on.
Kate Aanenson: The length.
Tcresa Burgess: The distance.
Councilman Senn: Okay. Being a lot more expensive than putting in a new septic system.
Tercsa Burgess: Certainly.
Councilman Senn: Okay. But the existing septic system, if they would choose an alternati"e, cven
though it's failing. lI·ould probably handle this current load for a while?
12
City Council Meeting - July 24,2000
Teresa Burgess: No. Going back to the report, the system has failed. It's not even serving the home as
it exists now.
Councilman Senne Okay. Alright.
Mayor Mancino: Any other questions?
Councilman Senn: Not at the moment.
Mayor Mancino: Okay. Thank you. Thank you very much. Is the applicant hcre and would vou like to
address the council? Ycah, please move the mic and be comfot1able. . .
Susan McAllistcr: Madam Mayor and City Council members, my name is Susan McAllister. I am thc
applicant. And J have got differcnt information to show and some photographs and so on but I would likc
to give a little bit of a speech bcforc that point. By saying the City has high expectations of me as a
business person. The best comcs with a price. Thc best cost money, you know the looks of the business,
the safcty of the buildings, the ground maintenance, animal care, etc. I also have high expectations as a
business O\lner from the city. ] am located at the doorway ofthc west gateway on the corner of Highway
41 and what is to becomc Wcst 78'" Street. I cxpect to gil'c a supcrb prcscntation to my customers.
Somcthing Chanhasscn will bc proud of and no less I will take no less than that. I might not bc on the
corrcct sidc ofthc road for all that I want to do but I am whcrc the barn is and has becn sincc thc 1920·s.
It could h3l·c bccn so simplc if the barn IIcrc just a bit furthcr south towards Highway 5 or if wc had just
simple moved thc road just a bit further nOt1h, thcn it would havc bcen in just the right spot for what I
want to do. Let mc ask you, whcn prospcctors discol'ercd gold or other mincral I'cins. do thcy not build
thcir mincs around what thcy hal'c disco\Crcd and whcre thcy hal'c discol'ercd it? Surcly thcy do not
build a minc first and thcn hopc thcrc is gold in it. Thcy go to it. It docs not comc to thcm. I feci I hal'c
a littlc piccc of gold and I wish to prCSCtYC it. A page from history that is about to bc ripped out of the
books forcl·cr. I cannot give up my farm for no pricc. It is a wondcrful pcaceful place to bring children
and adults alikc, cspccially thc scnior citizens who rcally apprcciatc a page out ofthcir mcmory book. If
but only for an hour or so it brings to thcm pcaccfulmcmorics ofthcir childhoods and their lIay of life.
Somc cl'cn gct twinklcs in thcir cycs lI·hcn thcy talk to mc about their days on a farm and how nicc it is to
cxpcrience that feeling again. I have carcd for my animals for many years and for thc last 6 years I hal'c
shared it with thc people at thc farm. I have come beforc you today because I want to bc a Icgal busincss
II ithin thc city. And also because I am not running from del'elopmcnt. I need protection with
devclopment coming in from you the city. And I want thc city's blcssing also. If] believc in somcthing
this strongly I say to you tonight, let's work it out. I believe it can happen. I always wantcd to be a
pioneer woman and I thought I had missed my calling, but this is a new frontier. It's funny how history
rcpcats itself. I'm sure the pioneers of Chanhassen said the same thing 100 years ago. This is a new
frontier, let's make a go of it. When I think about, I hadn't realized that we've come so far away from
what this township was when my family first scttled here in 1959. Me being from northeast Minneapolis
area, I hated it. All there was was farms, green fields, and millions of trees, and more so than any1hing it
was peaceful and I was just not very appreciative of that. ] would promise myself that when I grew up
from being the 9 year old that I was at the time, I was going to leave and go where the action was. Well I
grew up and I felt just as I had promised myself. ] left. But one day I came back looking for a place to
settle down in bccause you know what? Chanhassen isn't so bad. Especially when I see how it's grown
from what it was, my roots arc here. I believe in blooming where I am planted. So please help me today.
Let's makc history to a point. Let's put a farm inside the city forever. I have plans on putting in an
cnormous amount of money to makc this endeavor work for myself in the city. I am at the wcst gatcway.
13
City Council Meeting - July 24,2000
I am asking each of you today to make history. Let me have a conditional use permit Let me be on the
same level playing field as your other businesses. I have asked for a conditional use permit since
February and I really am trying still to get that I need to recoup the enormous amount of money I will be
sinking into Miss Rosie's Farm and I want to recoup it from, and I will not recoup it from simply
admission fees. I would need to sell it, and what's so bad about that anyway? If your ordinance works
for me, then it should work for everybody else that comes in or whoever else I might choose to sell it, if!
do. We certainly shouldn't be ashamed of what our roots were founded upon so I ask you tonight very
simply, do you want Miss Rosie's Farm? If not, then allow only interim use and that would be your
polite way of saying you do not want me but I really wish to stay here fore\'er. Are there any questions
of me?
Mayor Mancino: Any questions for Sue? At this point
Councilwoman Jansen: I actually had one, just as I was looking at your business and I don't kllo\\· if
you're goillg farther with your presentation. I think you said you hàd pictures.
Susan McAllister: Yeah. I do ha\'e pictures.
Councilwoman Jansen: I can wait 1Il1tilyou"rc through \,·itll your prcs\?l1tntiol1.
Susan McAllister: Okay. Well. alright. I will just 5hO\\ some of the area wllere the parking \\ill be. It"s
going to be Jooking from the south going north.
i\1ayor !\1allcino: Can we get it up onlhc camera or not: Kate, do YOll want to help Sue and JigLlre that
out. ffit's big enough.
Susan McAllister: The parking will be behind this here. Behind. you know behind these trees here.
J\1ayor 1'\:1ancino: Sue. excuse me. \Vhere are you looking from?
Susan McAllister: I'm looking from an area south of the parking lot... I'm on the south side of where the
road would be. West 78'" Strcet I'm right. I'm standing right wherc \\'cst 78'" Strect would be.
1'\'layor Mancino: Got it.
Susan 1\1cAllister: And there was something said about me taking out trees or like a big canopy of trees
but really I'm not...but I'm only going to ha\'e to take out these 2 trees here and it does show...but it's
part of another canopy so if I could figure out a way to not take them out I wouldn't take them out
because I love trees but there's no possible. Because the parking lot is going to be there. It would
be...and there's my worker standing here and you can see his body up there but now you see his head in
the...little bit away and ¡just wanted to clarify where that was and...
Mayor Mancino: Is that on the north side towards the wetland?
Susan McAllister: Yes. So I'm finished.
Mayor Mancino: Is the manure thcre right now with the pictures that were taken?
Susan McAllister: Yes.
14
City Council Meeting - July 24,2000
Mayor Mancino: I mean I expected to see a big pile of manure.
Susan McAllister: No. I know how to make it go into compost, believe me. Okay, I'm going to give you
some maps of the area.
Mayor Mancino: Would you please walk us through the map?
Susan McAllister: Okay. You know I don't know how good the color is there but the area shown in the
lighter green area is my property and it butts up with the headwaters of the Bluff Creek Watershed.
Kate Aanenson: Can I just make a point of clarification? There's two different propel1iès. I don't know
if you can discriminate that but not all this is her property.
Susan McAllister: I said that the lighter section.
Kate Aanenson: It's hard to see the colors.
~1ayor ~1ancino: Yeah, can you just go through that with YOl~r.
Susan i\IcAllister: Oh okay. over here?
:-\'13)Or \1.1ncino: Ycah. Just s11o\\ LIS so \\1.: can put it.
Susan McAllister: Okay. This. see the light area. And this is...headwaters of the Bluff Creek. And then
let's see here. I'm just showing where that traiL..and show you that the...activity. the level ofacl;,·ity,
there's a lot of green buffer area. okay. So the pink circle happens to be where the pony rides arc... The
little purple rectangle is the retail store. Then the summer kitchen would be the blue, the little blue area.
And that's just like an 8 by 10... The yellow area is the banl. and then the green area is the brown. you
know the...
tv1ayor f\1ancino: Susan. mind if I ask a fc\\' questions as \\c go?
Susan McAllister: ;\:0. Go ahead.
1\1ayor J\1ancino: The yellow barn is cxisting.
Susan McAllister: Yes.
Mayor Mancino: Then you also have your house which is existing.
Susan McAllister: As far as I know today it is.
Mayor Maneino: And your,just for clarification, the retail store, the pony rides and, are all in an open
space already, correct? I mean it's like the woods that you're going to have to cut or an)1hing?
Susan McAllister: No. The retail store is the garage actually.
15
City Council Meeting - July 24, 2000
Mayor Mancino: Is the existing garage, okay. And the pony ring is going to be open. What about the
summer kitchen? Is that in an open area already as far as non-forested, etc?
Susan McAllister: Yes. It's right actually close to the house. You know there's no trees being taken
down to put any of this in whatsoever. And the little summer kitchen I don't have yet. /'m trying to get
it from an area that's about to be taken down in Chanhassen so I'm trying to work that out.
Mayor Mancino: Okay, thank you. Any other questions that people have? Councilmembers have to
orient yourself on Sue's property. Thank you.
Susan McAllister: An article that appeared in actually the Chanhassen Villager was... was looking at
something else that happened at the same time I was coming before the Planning Commission and I
clipped it out of there. It talks about the Minnesota Zoo has actually built a farm that's on 8 Y, acres.
And I think they put in...to build a new farm which has a petting zoo attached to it. So basically if you
want to take a few minutes to just look that over. [don't know if e\wybody's familiar with that farm that
they built at the zoo.
Mayor ¡....Iancino: They had it on thc nightly news too.
Susan McAllister: Mine isn't you know like ob""';ously an authentic one and you know the buildings are
there and they need to be maintained and that's an enormous expense of money. But I believe in doing
something right instead of trying to piecemeal something together for a period of time o\'cr and over
again. So what rm saying is that I'm going to putting. my goal or my plan was to put in a nice area to
upgrade the barn is one and I can't justify it. [really can't justify it with the 7 year interim use. And 1
was hoping today to get what [applied for which was the conditional use permit or at least, ifnothing
clse. ask for 7 years to be, to ask if you could go from 7 to 10 years. And you know, but in another 2
years though I plan on coming before you and asking for a conditional use permit once I prove myself
that [ have a manageable business because 1 know for myself that I can manage my business but nobody
has bcen thcre to see it so [can't prove it to anybody. So ['m saying in 2 years, if[ can prove to you that
[ can manage that business and it's a manageable business, then ['m asking you today, ['m telling you
today that ¡ want to come before you with a conditional use permit at thc minimum that \\·ay but [ really
\\·ould hopefully get one tonight.
¡'vlayor Mancino: Okay. thank you.
Susan McAlJistcr: So I gucss, do I go through this, or docs anybody havc any qucstions anymore?
Mayor Mancino: Any more questions for Sue at this point?
Councilwoman Jansen: I was just trying to get a feel for the activity on the property, and I guess the
sense that I was getting from reading your information and questions asked by the Planning Commission
and our chatting, it sounds like you would be running this much the same as, and /'m asking, much the
same as like the Lowry Nature Center does out in Carver Park as far as the school groups that would be
coming in. I know that every day of the school year that they're in session, Lowry ends up with a school
booking their facility where they end up coming in with a bus or two full of kids with an adult
chaperones and they participate in the activities that exist out there around the nature center. So is that
\\here you're going is that when school is in session, that's your focus?
16
City Council Meeting - July 24,2000
Susan McAllister: Well I do want to have, definitely educational programs for children. I plan on
educating them to the different animals and so on, and teaching them responsibility and stewardship and
so on and so forth. It's a very non-violent fonn of you know an activity that children need to know about.
But yes, I don't see my fann being like boisterous and loud with kids running all over the place. If you
even go to the zoo, which I haven't been to for years, I believe that children actually walk around and
they're looking and they're you know, their parents are telling them things and they're listening and I
think that's, you know it's not going to be as loud as a park because that was brought up. Is it going to be
as loud as a park? (do not believe so. There's going to be controlled activities. I mean kids cannot run
around because if they do then the animals get scared and I tell them that in the beginning. You know
that you have to respect them. You have to respect them and some of them are in their natural habitat
and you can't touch some of them but a lot of them you can.
Councilwoman Jansen: That's the way it is out at the center too. It's amazing how kids will stay under
control with at least a chapcrone or two around.
Susan T\1cAllistcr: Right. I mean the attention span only 135t5 about an hour but yeah J mcan \\'hcll
they"re listening then they're listening YOll know. and learning.
COllncilwoman Jansen: And within your original request you \\cre looking for facilities to be able to
park not just one bus but two. Was that becausc of classes or?
Susanl\'1cAllister: Yeah. Ijust you know. I know that thcre arc sometimes where some classes will sa)
"ell we'd like to haye two bnses so that is "hat my original request was. Was to haw. you know the
more parking and I believe I asked for two buses. If I didn't, that was an oyersight. I really should haw,
and what rm going to ask to be redone is to say either. what I'm asking for tonight is 20 parking spol1s or
2 buses or 10 parking spots and I bus. Or any combination of that. Because I rcally feel that I might
need more for like another bus at one time.
Councilwoman Jansen: So conceiyably. and I think I heard you say if it was 20 parking stalls and I bus.
you were thinking if2 buses came in, J of the buses could park in the parking lot, is that \\hat you"re
saying?
Susan McAllister: Yeah. rm trying to work that out. I don't want to h"c a massiye parking 101, "hich I
don"t need. I havc nothing to base this on, do YOll see \\'hat I'm saying. This is all YOll kno\\'. like \\'hat
I\e thought would happen with the time that I'ye been doing iL But rye becn haying to stay yery low
key so I don't h,,·e information to base this on.
Councilwoman Jansen: Ijust wanted to be clear as to exactly what you were still needing and the use.
rm not imaging that you're going to have school kids there during the week at the same time you're
going to have public present. That public more so would be there on weekends and vacations.
Susan McAllister: Well actually during the week though children do come to facilities to learn things.
Their day cares and their classes and you know schools like ßIuffCreek and all the schools around, they
just, they're loving every bit of it and they're hoping that this is something that they can come to so.
Councilwoman Jansen: Weill know they all take advantage of the nature center out there so I'm sure
you'd have that draw. Okay, I appreciate it. I wasjust trying to get a feel for if we were talking about
the same SOt1 of a situation. It sounds like it.
17
City Council Meeting - July 24, 2000
Susan McAlIister: We are. I guess like I tried the best I could to predict something and you know, I
mean all you can do isjusttry. You don't reaIly have an)1hing to base it on. It's just thoughts you know.
Close as I can come.
Mayor Mancino: It's all new business.
Susan McAllister: Can I say that I also, do I get to go through some of these points here that 1 need, that I
have a problem with?
Mayor Mancino: Can you wait for a minute and see if there are any more questions?
Susan McAllister: Okay.
Mayor Mancino: Any other questions from council members to Sue at this pointO Okay.
Susan ¡,1eAllister: WeIll really want. okay.
CouJlcilman Engel: Arc we on page 27
T\1ayor J\1ancino: Arc you going o\"er the recommcndations: \\'here ;11'(' you Sue 50 \\C can follo\\'.
Susan McAllister: I ah,·ays get mixed up on this thing so.
Councilman Engel: The top left of the page for page number.
Susan J\fcAI1istcr: \Vhat page number? rm 110t 011 any specific. I'm on page :2 I guess YOll kilo\\'. Okay.
Okay it says three fuIl time equivalent non-resident or contract employees may be employed on the site
per 5 acres. I originally requested 5 and as far as I know·. they would be pat1 time but w hcn I nced
people. I nced people. And I rcally w·ould bc in a bind if I would sayoh my. You know here I·.,c got
these people and I've got these animals but I hayC'. you kilo\\' 1"111 only allowcd to ha\'c 3 people. \Vllat
am I going to do?
Mayor Maneino: 3 full timc equivalcnt. So that could bc 12 peoplc. It's equi\alent.
Susan McAllistcr: Oh it can be. okay. \\'elI then ma)be I don't have a prc,blcm with that. ~bybe I don't
have a problem with it.
Councilman Senn: You understand what full time equivalent is. don't you?
Susan McAllister: I don't know.
Councilman Engel: 120 employee hours a week.
Kate Aanenson: We're going through the Planning Commission rccommendations. I think for clarity
it'd be best to go to page 11 wherc the staffs recommendation is so we're clear.
Susan McAIIister: Alright so page II. Alright
Kate Aanenson: The recommendations stat1 on I believe page I I.
18
City Council Meeting - July 24,2000
Mayor Mancino: I think they start on 15. The recommendations start on page 15.
Cindy Kirchoff: Or if you go to page 6.
Mayor Mancino: Pardon?
Councilman Engel: We're all over the board here.
Mayor Mancino: Where are the recommendations that we're supposed to approve?
Councilman Senn: On all the pages that have been mentioned so far.
Roger Knutson: Do you need to refer to the ordinaneeo
J'dayor ~1ancino: Refer to this one.
S'lIsan !\1cAllister: Refer to that one?
~\'layor J\1ancino: Okay. E\'cr) bod) get this one.
Roger Knutson: This says one full timc cqui\'alcnt.
Kate Aancnsol1: Right.
\'byor J\1ancino: So let's take somc timc here. Okay. On Section 1 it \\'ollle! be number 3. Fir5t of a!]
the follo\\'ing conditions will apply to n petting fann. I assumc you're 1ïl1L' with I and~. 7\ulllbcr.3 is
only one full time equivalent. \Vell the site Illust alSl) be lIsed as a residence. 1 \\ollie! 110t thillk )Oll had a
problem \\ith that.
Susan McAllister: :\0. I don't hale a problem lIith that.
Mayor Mancino: Only one full time equi\·alent. non-resident employee lIill be employed l)nthis site per
5 acres. One fu1l1imc equivalent is ..W hours per \\'cek of whomcvcr it is \\orking there.
Susan J\1cAllistcr: I need more th3!l th3t because I :llmost use that !l0\\. ^nd I'm not c\"cn opcn
officially.
Mayor Mancino: Okay. What "as thc Planning Commission was fine lIith 3. So 3 timcs 40 is 120
hours, right?
Councilman Senn: That's not right.
Mayor Mancino: Okay, then how do you do it?
Councilman Scnn: Well J mean are you assltmingjust within an 8 hour work day? I mean a full time.
1\layor ~1aneino: I'm thinking of a full time is 40 hours a week.
19
City Council Meeting-July 24, 2000
Councilman Senne If the business functions 40 hours a week, but if it functions more than that, a full
time equivalent covers all those hours of the business.
Mayor Mancino: And how many hours are you going to be open a day?
Susan McAllister: Boy, it says here from 8:00 a.m. to 8:00 p.m. and ¡'m fine with that.
Councilman Senne So it'd be 12 times 7 which would be what, 84 hours a week.
Susan McAllister: Okay, so what I'm asking for is I'mjust saying that 1 need to have, in my original plan
I asked for 4 to 5 people and I, you know I just need to have that when I need them.
Mayor Mancino: And the Planning Commission was okay with 3 full time equivalents.
Susan McAllister: Okay. So that means I get 6 part time, is that what that means?
Councilman Senn: No. it means on a w eckly basis you had 252 hours.
Susan IvlcAllister: Okay.
Councilman SClln: And rill sure YOll ha\'c peak periods and you ha\c 10\\' periods that occurs ..that
you' II be there and other times you '11.. .250 some hours is a lot of hours.
Susan 1\1cA II ister: Okay. I will have somebody with me at all times. you know what Imean0 I will not
be by myself, okay. The highest peak period is when I'd be ha\ing my pony rides.
]\Iayor Mancino: 252 hours Sue.
Susan McAllister: That's a lot huh" Okay. finc. That's fine. Okay. we'll go OIL
Mayor Mancino: Okay, on number 4. it's only eustomary farm animals shall be allowed on this site.
Wild or exotic animals shall be prohibited.
Susan McAllister: I have a problem with that because I already hme animals that are wild and exotic. J
haven't had any problem with them at all. I've had thcm since. on and off since 1994. Therc's becn a lot
of concern about my peafowl and I'll say that because that's one peacock and two peahens. And that has
been a concern of the city that there's been somebody elsc in the city who has, cannot take care of their
peafowl. I do take care of mine and I plan on continuing to take care of mine and so I have a problem
with that. Okay. And then I have a baby fox.
Councilman Senne What is being recommended? I thought that was changed.
Mayor Mancino: Well this is still what is recommended by staff. The Planning Commission changed it,
if you look on page 2, their recommendation would be to say that dangerous animals shall be prohibited.
So that is their suggestion to us. Sue, your list of animals.
Councilman Senn: How do you define that one Roger?
Roger Knutson: We've struggled w·ith that.
20
City Council Meeting - July 24, 2000
Councilman Senn: I mean wild and exotic is pretty hard to define.
Roger Knutson: That's not a good definition either. Dangerous is not a good. There is no good
definition of dangerous. A pony steps on your foot, it's dangerous. Those words are not...
Councilman Senn: Let's pass an approved list.
Roger Knutson: Or, what's here right now is, I'm pretty comfortable with, is. If you say customarily and
historically associated with being raised on agricultural properties in the United States.
Mayor Mancino: So if we look at Sue's list in our packet, examples of animals to be available. are there
any animals on this list that would be a problem?
Roger Knutson: I haven't seen it.
lvlayor Mancino: Okay, if you could look at the list. Goats. pheasants. prairie dogs. cats. geese. is there
any cOlll1cilmcmber who has a concern about any of these animals?
COUllcih\oman Jansen: I dOIl't ha\"t~ a concern \\illl thcm c:\CL'pt by calling thcm customarily and
historically associated with agricultural property. you-re also eliminating I would assume. chinchillas.
hedge hogs. Dcfìnitcly non-dangerolls :lnimals and I don"t CYCIl knO\\ ¡fthey make a noise as f.:Ir as being
a nUIsance.
Susan ,1eAllister: I brought a little thing for you. Whoops. it's upside dO\\lL He's the chinchilla.
... their fur is so soft for kids to pct. Do you \\ant to feci it?
I\1ayor ÀJancino: \Vhat 1"111 asking coullcil is can \\c just include this list ~1~ an nccL'ptab1e list for.
Councilman Scnn: This looks fine to me.
~1ayor Ì\1ancino: Yeah. as i\1iss Rosic's f3rm <llldjust say this is <Ill <lcccpl[!blc list.
Scott Botcher: \\'I1at happens \\hen the calf gro\\s into a, not a calf' Do you replace it \\ ith another
calr!
Councillll[!1l Engel: YOlllllcan a ~,OOO pound bull?
Scott Botcher: Right. Just so we all know.
Susan McAllister: No, I do plan on replacing tl1em. That's the only animal that I plan on replacing on an
ongoing basis because they do, you know they do get big.
Scott Botcher: So then you'll take it to market is the plan?
Susan McAllister: Because if I said that am I going to be a bad person?
Mayor Mancino: No, it's a farm.
2]
City Council Meeting - July 24, 2000
Susan McAllister: My animals live like millionaires as long as possible.
Scon Botcher: The only thing I'm saying is that if you have a calf and you never take it to market, you
will eventually start adding bulls. Or whatever it is you want.
Susan McAllister: Okay. Does it say here that that was going to be temporary or not? Just on a seasonal
basis.
Councilman Senn: Well it says a young calf. If we go by the list, the list governs.
Susan McAllister: Right. It's a calf.
Mayor Mancino: Well one of my suggestions and can you hold for a second, isjust to have some
discussion around it before and just put your list in as number 4 as acceptable on your petting farm, and
then obviously we'd have to change the definition of petting farl11 up at the top too but that's, so we don't
get into describing wild or exotic or dangerous or an)1hing. \\'e use your list as to what's acceptable.
Okay?
Susan McAllister: Okay.
COlll1cih\'om.:1n Jansen: And then that list \\ould apply to any petting farm. hcc[ lISC this is just the
general ordinance correct.
Roger Knutson: So then define petting farms as ha\'ing these animals and these animals only?
\layor "lal1cillo: Ycp. Yep.
Roger Knutson: \\'c can do that. But thcll remcmber it's these ;:lJlilll~ds <llld these animals ol1ly.
J\f<lyor J\fallcino: \\'ell if somcbody \\ants to cOllle in and add to it.
Roger Knutson: They"d ha\'c to amcnd the zOlling ordinClllcc.
Ì\1nyor Ì\1allcillo: That"s fine. So ¡fsomcbody comes in and \\'ants to. thcn they can do that. You"re
~('ltillg ne\\' ground here so.
Susan McAllister: Lknow. I said I'm a pioncer woman. I didn't rcalize it but.
T\1a)'or T\laneino: Some things Illay be changed in the future that wc"re not sceing no\\'.
Susan McAllister: Okay. It says here exact numbers of species will vary from time to time as species
selection will vary from time to time, but I mean it's the, this is really what, you know like what.
Mayor Mancino: Okay, we got it. Okay. On 5, do you have any concerns on 5? That says all about
structures and storage areas.
Susan McAllistcr: No I don't.
22
City Council Meeting - July 24, 2000
Mayor Mancino: Okay. Number 6. Parking area shall be screened from public or private right-of-way
and adjacent single family residences and Sue, we require that on all parking spaces in the city.
Susan McAllister: Okay, do I not have enough screening with the photographs that I showed you?
Councilman Senn: We're not getting into judging. That's between you and staff. It just needs to meet
ordinance.
Susan McAllister: Alright.
Mayor Mancino: Hours of operation, 8:00 a.m. to 8:00 p.m. No outdoor speakcrs. I mean I'll giye you
a minute to, I think you've read through most of these.
Susan McAllister: Right.
!\1ayor Mancino: Signs shall comply \\ith the At1icle XXVI of the zoning ordinance. Retail sales. I'm
assuming you have no prob1em \\Îth 300 feet in area?
Susan McAllister: No.
À1~yor t\1ancino: 11, anima1s kept outside must IHI\c cPlltinu;¡] access to shelter to prokct thelll Ct\)Il1lhc
elements. i\'lust be a contìned area with fencing.
Susan McAllister: That's a requirement of the USDA. I can no! have any less than that or I'd get in big
trouble.
]\1:1)'or ;"1ancino: And thcl1 12. a termination date shall be established for the interim usc permit. The
use shall be permittcd until a pat1icular date. until the occurrence ofa. and this is one that you hay e asked
for a conditional use permit verslIs an interim use permit.
Susan McAllistcr: Yes I hmc.
Mayor Mancino: Okay.
CI.1uI1cilm3n SCIlIl: Just 10 clari(y 011 that though.
Mayor Mancino: Ycs Couucilmau Senn.
Councilman Senn: If that's something you want to consider tonight, \\c can't do it.
Councilman Engel: Because it wasn't published.
Councilman Senn: Because it wasn't published as a conditional use permit. It was published as an
interim use permit. So I mean just so everybody understands that.
Mayor Mancino: Now I'm also assuming, if we go ahead and do an interim use permit at any time the
applicant can come back in and ask for it to be changed. I mean we'll have to apply again but can come
in and ask for it to be changed from interim use to a conditional use. I mean it can be in I year. It can be
23
City Council Meeting - July 24, 2000
in 2 years. It can be in 3 years. I mean they certainly, the applicant has the right to come in whenever he
or she wants to for a conditional use permit. Correct?
Kate Aanenson: That's correct.
Susan McAllister: Okay let me ask, has the council members read my letter that was an attachmcnt to
this packet? You know I am asking for a conditional use permit because that's what I wanted in the
beginning to justify the cost that goes into it and that.
Mayor Mancino: And what we're just saying, because it was published for an interim use permit, that is
what we would be granting tonight, is an interim use permit.
Councilwoman Jansen: Or wc would have to table and bring it back.
Councilman Senn: Start over again.
Mayor Mancino: We'd havc to start over again for a conditional use permit.
Susan Jv1cAllistcr: And \\'hat docs that cntail? Starting all 0\'('1" <1gain meaning?
:--loyor Mancino: Kate. could you.
Kate Aancnson: Public bearing goes bnck to the Planning Commission for a public hearing and back
through this process. Just for some background on the interim use permit. Whatever you do to this
propel1y, which you described, applies to any other similarly zoned propel1y. What's not showing on
this is that there will be adjacent homes in close proximity. It's not showing up. This property's 6 acres.
The ordinance allows something could be in a situation where you may not want it to be. That's why we
put it as an interim use. It is an urban transition and we belie,·e that over time that a higher. better use
may with this propel1y. Conditional use runs forever with the property. No other city has this type of
ordinance and we're just a little nervous about how it's all going to shake out. It may operate great. You
Illay C0111C back and ask for a code amcndment but \\-c're going dowll lInch~1I1cd waters here and ,,·c·re
just a little bit ncrvous about some of the conditions and standards.
I\1ayor i\1ancino: Okay.
Roger Knutson: I\fayor?
Mayor Mancino: Yes.
Roger Knutson: Based upon your discussion I would suggest that the following changes be made in the
draft ordinance you've been presented. In the definition of petting farm would be amended to read,
petting farm means any activity whereby the following animals may be exhibited regardless of
compensation and then you would list these animals. Paragraph 4. The following would be deleted.
Only customary farm animals shall be allowed on the site. Wild or exotic animals shall be prohibited.
You're taking that out because you're having a specific list of permitted animals.
Mayor Mancino: Okay. Thank you. Now if we go ahead and say yes with those changes and yes with
the 3 full time equivalents, Kate on here it doesn't say an)1hing about, I'm sorry Cindy, an expiration
date.
24
City Council Meeting - July 24, 2000
Cindy Kirchoff: That is condition number 11 under the recommendations. The interim use shall
terminate in 7 years. Page 16.
Kate Aanenson: You have that as a separate ordinance amendment so the other is interim use.
Mayor Mancino: So I'm sorry. What are we approving tonight? Are we approving this?
Cindy Kirchoff: \Vc-re approving two things. A zoning ordinance amendment and an interim use
permit.
Mayor Mancino: Okay, thank you. So then we haw to make sure that both of them arc the.
Kate Aancnson: In sync. correct.
0.'1a)'ol" j\'lancino: Arc in sync \\ith each \)ther.
Susan jv1cAllister: ^nd then rill asking YOll to go from 7 to 10 and that"s only 3 years morc.
\layor i\lancino: Okay.
Susan À-·1cAllistcr: ßut like I said. J do pbn on coming hack here after r\C dC1lllHlstratcd Ill) business
sense 10 you and 110\\ it. I bclic\c it's going to \\'Ork slIccessfully in 2 years. asking for a conditional use
permit.
\la)or \1ancillo: Okay.
COlll1cih\oman .h1l1scll: And 1"111 asslIlllÎnu. that would h.: fWIll tile S1.11"t datc Grtlle actua! busincss "ince
wc'\,c discussed it may not he ahle to start until 7Sth Street comcs through.
O\fayor 0\1ancino: Yeah. That's the other part.
Councilwoman Jansen: So it would be from once) OLl ha\'c access from 78th Street.
Susan !'vfcAllister: Thcnlet me say this. I do hale a letter from \lnOot that does say tl"'t I c:ln Lise the
other driveway. Did YOll know that?
Mayor Mancino: Well it's between YOLl and MnOot so whenelw you officially st3l1, YOLl know It s
worked out with MnDot. If they allow you to, you'lInced to notify us. And then it will start from that
start date.
Susan McAllister: Okay, because it's not going to like start today and the clock's going to be ticking and
I have to put a septic in. I have to do this and I have to do that. It's not going to be that way, right?
Thank you. Okay.
Councilman Senne Mayor, therc is a blow up date isn't there? On the approval. I thought the ordinance
prescribed a blow up datc though of, I mean it just isn't, it isn't perpetual.
Roger Knutson: It's 7 years unless you change it.
25
City Council Meeting - July 24, 2000
Kate Aanenson: That's what we're recommending.
Roger Knutson: Your recommendation is 7 years.
Councilman Senn: Okay, so they could, 7 years from the point of starting.
Roger Knutson: From the date of approval.
Councilman Senn: From the date that it's granted.
Roger Knutson: Yes. We have no way oftnicking whcn she would.
Councilman Senn: So if she waits 4 years to do it. that's not...
Rogcr Knutson: It·s her decision.
Kate ^~ncllson; Just also on the interim Lise, YOll call comc back [¡!lei ask for an cxtension so if she
C3nnot get stnrted she can COIllC back and say I ""[1$ going to be in. I I11C311 interim use allo\\'s for
extension.
Mayor j\ ancino: Oby.
Roger Knutson: Mayor last item, the City Manager brought up a good thing. We probably should also
put in the scientific names for these animals like the young calf could bc an~1hing. I think \\c'rc talking
about...
Mayor Mancino: Oby. good.
Councilwoman Jansen: Good point.
rVTayor 1\1ancino: Any other qucstions that wc should talk about and ask the applicant about. from any
cOllllcil mcmbers.
C,\ltncil\\oman Jansen: The only other point in thc recommcndation that \\c touched on, and I'm back on
page 16, which was specific to this site, was point numbcr 3 about the parking. Your original rcquest I
believe was 20 stalls and 2 buses and this is 10 stalls and I bus.
Susan McAllister: Right.
Mayor Mancino: And Cindy, can you, I'm sorry to interrupt but 1 was just going to ask staffs viewpoint,
why you brought in 10 stalls and 1 bus. Just from your point of viel\'. And you knol\' what it may be,
and you knol\', again we're both going to have to go through this. It just may be you did a little bit of this
and you did a little bit of this, you know trying to figure out what I\'ould be the best without intensifying
it too much and it may be that we limit it a little bit and then after a couple years it's fine and I\'e open it
up a little more. Again, we've got to work together on this.
Susan McAllister: And I have been working I\'ith Cindy and providing all the materials.
26
City Council Meeting - July 24, 2000
Mayor Mancino: Good, but it's going to be a continual working together and what works and what
doesn't. You have to be real open with that.
Susan McAllister: And I am for that.
Mayor Mancino: So from your perspective please.
Cindy Kirchoff: We put the limit on there just to limit the intensity of the site and the number of people
that are on the site. And the 10 stalls could hold a 15 passenger van. You know ten 15 passenger vans so
that may number quite a few people.
Mayor Mancino: Sure, okay. I'm sorry, it was your question to begin w·ith so take it away.
Councilwoman Janscn: I guess I'm thinking more of standard families. rm seeing this as a family
outing location so I mean what do we use the standard in a household, 2.5 or how man)' kids do we allot?
Kate Aanenson: I guess we S3\\' this more as birthday party activity. D~lycare. 1"111 a 1110111. I"n: becn 011
the field trips. You put a few kids on the bus...
Counci1man SI..:I1I1: I think you"re right.
Kate Aanenson: So that's what we anticipated. You could ha\c 100-200 kids on the site. I think at first
we thought 100 kids, we"d see if we could nwnage that and how that operates and if things are
successfuL I think this council, the Planning Commission would be willing to look at amending that but
at first we just want to see ho\\' things operate. That 100 would probably be something.
Councilwoman Jansen: Well let me ask you this. Ifin fact we did end up with let's say 20 \chicles that
sho\\ up on a \\'cckend, I'm visualizing these cms ending lip parking thcll out in the adjaccnt
ncighborhoods. Is that 110t the instance that \\('"r(' then hm'ing occur?
Counci1man SCIlIl: You call probably park on the grass 011 the farm,
Susan I\1c^lIistcr: \Velll plan on not putting in a parking lot per se, per se you kno\\ \\ h3t I mcan,
GréJ\'cJ or whatc\'cr.
I\'fayor I\1r!11cino: \Vell I'm assuming ¡fthat starts to Jwppcn, that's \\hcn you're going to Cl1!11C back to us
and sa)', you know can we change it?
Councilwoman Jansen: Then wc do a little gi\'e and take. Okay.
Susan McAllister: It's just like you kno\\', who knows? We"re trying but yeah, I appreciate the coneern.
Councilwoman Jansen: So we stay with the 10 and the I and you're.
Susan McAllister: I appreciate if there is a problem I'll come back. An)1hing else?
Mayor Mancino: Any other questions or discussion you'd like to have us do before we bring it back to
council? Okay.
27
City Council Meeting - July 24, 2000
Susan McAllister: Okay, Ijust have one concern. One question left. The port-a-potty thing, now what's
going on with that? I don't know if I've got that clear in my mind. I mean am I allowed now to have
port-a-potties or what are we doing?
Kate Aanenson: No.
Councilman Engel: It looks like it says permanent.
Mayor Mancino: Teresa, would you answer that please?
Teresa Burgess: The discussion was if that was a possibility instead of a septic system and that would
not be a viable option. '
Susan McAllister: Okay, then let me just say this, clarify something. The septic system is with the house
and the people are going to be down by the barn. The house has got nothing to do with this right now.
And so.
Scott Botcher: Wherc else do thcy go to the bathroom"
Susan McAllistcr: Wcll that's what I'm saying port·a-pottics. That I'd h:1\e to haye port-a-potties. I'm
not having them come in my !louse. I mean the hOllse has got nothing to do with this at this time. You
know sometimc it might in the future but now at this timc it doesn"t.
Teresa Burgess: The Building Inspections Depat1ment \\ould state thc requirements on thc restrooms
for the public. The concern is that the septic system is currently failing and that that needs to be
upgraded.
Susan rvfcAllislcr: And I am go'ing to, I havc plans right no\\' to upgrade the systcm for the hOllse.
Mayor Mancino: But you can't as a building code regulation for the business use port-a-potties for the
rcstrooms to meet the building code. Am I correct in that?
Kate Aanenson: That was the building officials recommendation and it's on page 16 of the staffrcp0l1.
The condition.
Mayor Mancino: Okay. Thc use proposcd does require that permancnt sanitation facilitics be prOlided,
two restrooms. One male and one female, and Sue that is on page 16 under number] 2.
Susan McAllister: Okay. At one time we did, hc said that pOI1-a-potties would be acceptable if it were a
seasonal business.
Councilman Senn: I think that's true because we've done that. We have that out at Swings.
Mayor Mancino: Well then we'd have to, in these conditions, put seasonal and when it's open and when
it's closed. Then we'd have to sholl' that you may only haye this open from the months of operation from
April to October.
Susan McAllister: That's right. That's exactly it. April I" to October 31;t. ¡ mean at one point, now
wait a minute. I did say, I said all year round okay, and then I didn't realize about the septic system you
28
City Council Meeting - July 24, 2000
know or the port-a-potties and then I had to start thinking, what's realistic for me, you know what I'm
saying? And so I don't know how many people I'm going to get in the dead of winter up there.
Mayor Mancino: My concern is tonight, and I don't know unless we have someone here who knows the
State Building Codes, when it's seasonal, do we know how many months? I mean is there.
Kate Aanenson: This is news to us. Steve did tell her it was seasonal. She had never approached us
about it being seasonal and the conditions so I don't know what that definition would be.
Councilman Senn: Yeah, what basis did we do Swings on? I remember we did Swings on.
Kate Aanenson: That was seasonal. But that was before my time but it wasn't open in ¡he winter.
Councilman Senn: But there's a lot of special. and t!laCs an interim use. right?
Kate Aancnson: Yes it was.
Councilman Engel: It's easily April through October.
COllllcilman Scnn: ...1 can"t remember all the details on that but I rcmcmber there \\-as a lot of hoops or
ru1cs \\hatc\'cr to go through 011 that.
Susan i\1cA11ister; \Vell I'm saying that L YOll I\.no\\ like \\hen it came down to knowing. you klw\\ \\ith
the seplic system failing and all that, and then all ofa suddenlhings started changing. I didn't, I staned
thinking well okay. what can I do now and Slcve and I talked and he said if il was seasonal. it could be
port-a-ponies. And I said wcll okay then. ~1aybe I'll have 10 makc it seasonallhclL
:\layor Mancino: Well that would be a condition that we would place on here then. That il is for
seasonal. The petting farm is for seasonal use from April ¡ SI to October 3]"\ and thcn you cou!d use port-
a-potties but again they Iw\'c to bc handicapped and all)1hillg eIsc.
Councilman Senne Mayor if] could, I don't think any of us are sure on tltat. unless there's somebody
here who is. I mean otherwise maybe we should push this offtil next mceting and gct it rcsoh'cd if it"s
that impol1ant. ßecause I mcan I hate to sit here and act tonight and 1ïnd out \\'c actcd 011 somcthing wc
c!Il'tdo,
Mayor Mancino: We can't do.
Kate Aanenson: It is a building code question.
Roger Knutson: Or you could, if you wanted to, you could say.
Councilman Senn: Has to meet building code?
Mayor Mancino: It has to meet building code definitions.
Roger Knutson: You can say, give someone an alternative for example. You could say tltis or what you
ha\e printed, or ifit"s a seasonal business operated within the months of April! to October 3!, YOll can
have port-a-potties ifpoI1-a-potties are permitted by the State Building Code.
29
City Council Meeting - July 24, 2000
Councilman Senn: Well rather than saying port-a-potties, just a seasonal business that meets State
Building Code, correct?
Roger Knutson: For disposal of sanitary waste.
Mayor Mancino: Okay. That's what we do.
Susan McAllister: See I would like to have this or this. Do you see what I"m saying because this is
something I have not had a chance to really research.
Teresa Burgess: Mayor? I"m not sure if it makes a difference to Susan but you would still be required
to upgrade your septic system.
Susan McAllister: Yeah I understand that. for the house I \\·ould. Right.
Teresa Burgess: Correct.
Susan McAllister: I mean that's a big difference. You know a personal septic system versus a
commercial one. You know I'm prepared to upgrade the pcrsollal olle but you kllo\\ the commercial one.
I don't know. It could be like S30,000 or S25,000. I\e already checked that out.
Scott Botcher: Ycah~ and YOlllllayjust W311t to consider. depending ¡fyou"re going to be ill operation 10
ycars~ what 10 years of port- a-potty rental, pOI1-a-potty cleaning is going to cost you.
Susan McAllister: What happelled to tlte outltouse?
Scott Botcher: rmjust saying. It"s a fair question. just you \\<Jnt t() make surc \\l1a1"5 in your bcst
interest.
Susan McAllister: Rigltt I kllow. See llta\'e to researelt tit at.
Ma\'or Mancino: So we'll ha\'e to write it in a \\a\' tltat either or alld tltat \\e feel comfortable \\ ith as
part of. so this is going to take LIS somc time to cra"'n all this. Any other questions or concerns for Sue at
this time? Okay. tltank you.
Susan McAllister: Thank you.
Mayor Mancino: Now do you have anyolle here that would like to speak on your behalt'?
Susan McAllister: [believe [ do.
Mayor Mancino: And if you do, could we limit it to a couple of minutes please per person. And that
would be great, thank you.
Velllelle Cla)10n: Sue had asked me to come and address the issue of the conditional use permit versus
interim use pennit. I do have very strong feelings as someone that she has asked to give some assistance
to. Sue I have to say though, initially you asked me to just help you through the process. The best thing
you could do tonight is have them vote yes on interim use. You'll establish some precedent. You'll have
30
City Council Meeting - July 24, 2000
some guidelines. Come back and talk another day about conditional use. They can yote on that tonight
anyway. So my advice is take what you can get.
Councilman Engel: You have no experience in this.
Mayor Mancino: Yes, what are you doing talking Vernelle?
Vernelle Clay10n: Yes but I think though if she were to decide to come back asking for a conditionalnse
permit in say the next 60 days or short period of time, she ought to be able to do that without paying
another fee because she didn't ask for an interim use permit. She didn't ask for it not to be put on the,
published that way. She asked always for a conditional use permit so I think she should be able to
administratively have that favor and go through the process. Maybe talk just specificall)' about
conditional use versus interim. I think there are some arguments that could be made for her on that
behalf but tonight I think we talk about interim use.
Mayor Mancino: Thank you Vernelle. Anybody clse" Okay, let's bring this back to coullcil and I hope
thcrc·s someone that can craft this all together so that. and Ict"sjust take somc timc and if\\'C' 113YC to
help each othcr out. let's figure it out.
Councilman SCIlIl: Let mc try.
rvln)'or \1nncino: Okay. And will Y01l please go s!owly so \\c can <11] fûlILHY ~¡]Ollg \\ ¡tit you.
Councilman Scnll: \Vell rill going to try to take the simple approach.
1\1.1)'01" \lancino: Good.
Councilman SCIlI1: The simple approach is that \\'c <1pprmc the interim use permit as per staff s
recommendation and the ordin::lI1cc as drafted \\ itll the following c\:ccptions or changes.
;vlayor \1allciIlO: Okay" so you"re going first to the ordinance.
Councilman Selln: Yep.
~1ayor Ì\lancillo: Okay. \Vc"yC all got the ordill.1IlCe shect in front OfU5. I1CC:ll1SC \\C \\ant tt) make' sure
wc're on the samc document and e\"cr)1hing. Okay.
Councilman Senn: And so with the follo\\ing changes. So in item number 3.
Mayor Mancino: First you have to Section 1 under the definition of petting farm.
Councilman Senn: Well I'll come back to that as soon as Roger comes back to the room... But just let
me go this way. Number 3 would be changed to 3 full time equivalents. Number 4 would be deleted.
Number 12, I would leave 7 years because she's going to come back in anyway on the CUP and deal with
it on that...
Mayor 1\lancino: My number 12 doesn't have 7 years. It doesn't have a year.
Councilman Senn: I know. It says. yeah but it says one needs to be established.
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City Council Meeting - July 24, 2000
Councilwoman Jansen: Iff could. I think that actually falls under the specific application that's back on
page 16.
Mayor Mancino: Because we'll still have to do that too.
Councilwoman Jansen: Point number II. This is the general one that's just saying.
Councilman Senn: Okay, you didn't want it in the ordinance. You want it in the general...
CounciJwoman Jansen: In the specific.
Councilman Senn: ·Alright, so leave it out of there then. And then essentially number I would be, and I
think I saw Kate write it down but essentially substitute the language that Roger already put into the
record as it related to the introduction of the list of names and scientific names of the animals and inset1
it in at that point in the ordinance.
COllllciJman Engel: \Vait a minute no\\'. Did YOll say Ilumber 1?
Councilmau Senn: Yeah. Section I of the ordinancc.
COLJIlciJm3n Engel: Section 1. okay. ßecallse rill looking at Ilumber...f for the defìnition of tile animals.
Councilman Senn: With the definition of petting farm. So the definition would be changed as pCI' the
earlier language of the city attorney.
Councilman Engel: J have a question for you thcn. \\'hat about on Ilumber 3 where YOll said go to 3 full
time equivalents non resident employees, blah. blah, blah. How about, and ['m for simplicity here. The
profitability of the farm is her responsibility and I think that would guide her in the proper decisions. ['m
just for strike it out altogether. She's not going to hire 25 people to that business. I think it reads easier
if we just eliminate it,
i\1ayor ~1ancino: Now remcmber this is an o\'crall onc.
CUlIIlCil1l13n Senn: Yeah. this isnOtjllst her business i\1ark.
Councilman Engel: Yeah I'm with you on that.
Councilman Senn: And it's per 5 acres. So I mean essentially this, ¡ mean somebody could come in with
20 acres tomorrow and want to do the same type of thing and you know so ¡ mean, and my understanding
is staffs guideline on this related back to the parking and all kinds of other things that would have to do
with it.
Councilman Engel: See and I use the same.
Councilman Senn: Intensification.
Councilman Engel: And I'm with you on that. I know what you mean. It seems like the door may be
opening to big businesses thaI may not be a good fit for say abutting neighborhoods or something like
32
City Council Meeting - July 24, 2000
that and my thought is that the profitability of those places will drive that decision as well and that the
land they'd have to dedicate to parking, the compensation, all the hassles that go along with employing
that many people, would leave them not to want to do that. I just think you'd add, it's more complexity.
Ijust thought it's easier to go without. The employees.
Councilman Senn: All I'm trying to do is trying to put a cap on it and stuff. The 252 hours is a lot of
hours and if it doesn't work, they can come back in and we can talk about it. The 252 just seemed like, I
mean that's you can have 3 people there around the clock for cripes sake and you know that's not going
to be the situation so you effectively could have 6 during the peak hours of the day and...
Councilwoman Jansen: I would actually agree with Councilman Engel's observation. That it does seem
like we're making a business decision that is better left with the establishment, and who's going to be out
there actually monitoring? r don't think it's going to be a matter of how many employees that are going
to determine the intensity, if that's what we're concerned with here.
Councilman Senn: Well then you'rc going to add one parking stall for e,·ery employee too.
Mayor Mancino: Add parking stalls for employees.
Councillll.11l SCI1Il: ...IlOW you're going to be intcnsifying the parking. 'y'ou"rc going to be intcnsifying a
lot of uses.
Ma)or 1\loncino: Ilow m3ny, \\e have a lot ofS acre parcels don't \\e. that this could apply to. We ha,·e
a lot ofS acre parcels next to neighborhoods. That's the only part that concerns me because you get you
know neighborhoods that don't want a lot oftraffïc on the streets near them. I don't know. If you have
that many. if YOll just open lip the number of cmployees. thcll \\ hat do wc do about p.1lling?
COllIlci1man Scnn: \Ve can only do \\hat's cOllllllcrcially reasonable which is ] parking stall per
employee.
À1ayor ì\1ancino: And so ¡fsomcbody has 20 cmployees.then \\"c",c got to lw.\·c ~o parking spots and
wc"re going to limit the parking stalls to J O. And I bus.
COl1llcil\\OlllaJ1 Jansen: But if\\'c'\'c designated the number of parking stalls and thcy\'c gi\'ing somc up
hì thcir employees. they're making that decision. It"s not the city making that decision to giYC lip those
parking stalls. It's again another business decision. At one point they could hme 6·8 people there at the
same time with thisfull time equivalent. So I don't know that it's.
Mayor Mancino: So they'd be giving up, out of 10 of those parking stalls, they've be giving up 6 to
employees so they eould only have 4 other cars there and I bus. That does limit it.
Councilman Senn: Wel! again, on a small parcel like this I think you need to be sensitive to the
surrounding neighbors that are going to be close, not far. And I think staffs put·a lot of thought and
work into that and r mean \\·c're already tripling effectively.
Mayor Mancino: Their suggestion.
Councilman Senn: Yeah, their suggestion so r mean. Again, this is trial. I just hate to get totally carried
away"
33
City Council Meeting - July 24, 2000
Councilman Engel: Well if it becomes a problem for her then we'll have to come back. And for
anybody else. Do you know what I mean? What I'm thinking, I'm going back to the driving range down
on 212 and how, I don't like it when we encumber a new business with rules and regulations that might
drive them right out of business. Or make it very difficult for them and I think if they did have, and I
believe they did have I or 2, they came back right away and let us know. The lights was one and we
dealt with it. So okay. And we had the door open. We did change it as soon as they came back. It was a
hardship for them to compete without the lights.
Kate Aanenson: Both of those sites also had hard surface parking. This won't. There's not going to be
stripes. It's gravel.
Mayor Mancino: So, yeah. Okay.
Councilman Senne And none ofthosc were in close proximity to rcsidentialneighborhoods either so.
Councilman Engel: We did change the last and I'm okay w·ith that.
Mayor Mancino: Okay. Do you have any other qucstions?
Councilman Engcl: No, that \\as the big thing. Ijust didn"t \\-ant to put. you KIlO\\. J didn-t \\ant to start
her out with one hamstring cut .dread)'.
Mayor Mancino: Sure. l'm sure she appreciates that.
Councilman Senn: That's thc cnd ofthc motion.
Mayor 1\lancino: Okay. is there a sccond to thc motion"
COLJllcih\'oman Jansen: Second.
Councilman Senn movcd, Councilwoman Jansen seconded to approvc Zoning Ordinance
Amendment #00-1 amending Chapter 20 of the Chanhassen Cit)' Code Allowing Petting Farms as
:!II Intedm Use Penl1it in the A2, Agdcultural Estate Distdet to read as follows:
Section 1. Section 20-1 ofthc Chanhasscn City Codc is amended by adding the following dcfinition:
Pellil1f! fal'lIl means an)' activity whereby the following list of animals may be exhibited regardless of
compensation and then )'OU would list these animals.
Section 2. Article IV., Division 3, Standards for Agricultural and Residential Districts, of the
Chanhassen City Code is hereby amended by adding the following section:
Sec.20-267. Petting Farms.
The following conditions will apply to petting farms:
I. The site must be on and have access to a collector or minor al1erial as identified in the
comprehensive plan.
34
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City Council Meeting - July 24, 2000
2. The minimum lot size shall be five (5) acres.
3. The site must also be used as a residence. Only three (3) full time equivalent non-resident
employees shall be employed on the site per five (5) acres.
4. All structures and storage areas must be set back fifty (50) feet from public or private rights-of-
way, and three hundred (300) feet from an adjacent single family residence or a minimum of
fifty (50) feet from a side lot line, whichever is greater. The City Council may require storage
areas to be completely screencd by onc hundred (100) percent opaque fencing or benning.
5. Parking areas shall be screened from public or private rights-of-\\·ay and adjacent single family
residences.
6. Hours of operation shall·be from 8:00 a.m. to 8:00 p.m.. The City Council may further restrict
hours of operation if the use is located adjacent to propel1y guided residential as identified in the
comprehensive plan.
7. )\;0 outdoor speaker systems shall be allo\\ed.
8. Sigllage shall comply \\ ith Article XXVI Oflhc ZOlling Ordinance.
9. Retail salcs shall be limitcd to three hundrcd (300) square feet in area. Retail sales sllOll be
limited to petting farm related items.
J O. Animals kcpt outside Illllst ha\"(~ continual access to :-;hclter to prlliC"ct thcm from the L·1CIllClltS and
must be in a confïned area \\-jth fencing.
11. A termination date shall be established for the interim use permit. The use shall be permitted
until a pal1icular date. until the occurrence of a pal1icular date, or until zoning regulations 110
longer permit it. Prior to the permit o.;piring. the applicant may request an extension to the
interim lIse permit by submitting a ne\\' application. The renewal application \,¡Il be subject to
all city ordinances including any nc\\' ordinances cnacted after the original approval.
Seetion 3. Section 20-576 of the Chanhassen City code is amended by adding the folloll ing interim use:
(9) Petting farms.
Section 4. This ordinance shall be effective immediately upon it's passage and publication.
All ,·oted in favor and the motion earried unanimously,
Mayor Mancino: The next motion which has to do with page] 5 and 16 of the report that is the
recommendations for this particular interim use. Could] have a motion on that one please?
Councilman Senn: I already made it.
Councihmman Jansen: This is the second one. I'll move that the City Council approve the Interim Use
Permit #00-2 subject to the plans dated, are they still the February 22, 2000? For the operation of a
35
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City Council Meeting - July 24, 2000
e. The food preparation facilities require approval from the Minnesota Department of
Health.
f. Structures intended for public use must be evaluated by a structural engineer to
detennine ¡fthe building is safe for occupancy.
13. The Fire Marshal's conditions are as follows:
a. A 20 foot wide tire lane shall be provided.
b. The Fire Marshal shall review the existing buildings to be utilized for the petting farm to
determine code compliance. .
c. Smoking is prohibited in any building used in conjunction \lith the business.
d. "No Parking Fire Lane" signs shall bc installcd on the tire lane.
c. AllY ncw dri\'eway l11ust bc designcd to support the weight of a fire trllck ycar rOllnd.
f. Any ncw dri\'eway I11l1sl be installed prior to ¡he rel11o\'al of tile c:\isting driyew3Y.
g. The amount of combustible matcrial (i.e. hay. stm\l, etc.) on the Doors of any buildings
lIsed ill the business l11ust l11eet fire code requirements.
h. All electrical wiring must meet code.
I~. The septic system sh,,11 bc brought into compliancc prior to the opcration commencing on the
site. In addition, maintenance and inspection reports shall be submitted to the city on a bi-annual
basis. At such time as the septic system fails and sanitary se\lcr is available to thc prOPCt1y. shall
connect to the sanitary system as per the requirements ill plnee nt thnt til11e.
All ,·oted in favor and the motion carried unanimously.
Council\lom"n Jansen: Good ILlck Miss Rosie's Farm.
Mayor Mancino: And I'm sure we \lill be in contact and checking out things and how they're \lorking,
etc. And please do work Sue, with staff on you know the next few years, an)1hing that comes up. You
know we should write it down. Review it. Any of the concerns and just deal with it fOl1hrightly and
openly about how we're going to meet things that Come up. Okay?
Susan McAllister: Thank you.
Mayor Mancino: Thank you.
Councikoman Jansen: And staff. thanks for all your hard work on that one. I know it was a long,
¡engthy process.
Scott Botcher: Are you leaving Cindy?
38