CC Minutes 12-14-2015Chanhassen City Council – December 14, 2015
PUBLIC HEARING: REVOCATION OF CONDITIONAL USE PERMITS.
Mayor Laufenburger: Ms. Aanenson, good evening.
Kate Aanenson: Good evening Mayor, members of the City Council. As part of the annual
duties of the planning department we review all conditional uses and interim use permits. Let
me clarify. Not all of them. We put them on a schedule to make sure that they’re in compliance.
As a part of that if there’s an interim use or conditional use that is no longer being used then in
order to clean up the property we recommend that those be revocated by the City Council as is
the process so tonight we’re looking at 4 conditional use permits and I’ll go through each of
those briefly. This is the public hearing as we’ve stated on here and if the conditional use hasn’t
been used for 6 months it can become void but most of these have been longer than 6 months so
we didn’t just get right to the 6 months and then notify property owners. So again all the
property owners have been notified that the conditional use is being voided and then again we
are requesting the public hearing. So the first one is on 330 Pleasant View Road. A conditional
use permit. This conditional use permit is to allow a horse in the RSF district. This was done
back in 1980’s and this is no longer a permitted use with horses in the residential so up until then
it’s been legal non-conforming. There has not been horses on this property so this is one that the
staff is recommending that we revoke.
Mayor Laufenburger: Can we?
Kate Aanenson: Yep.
Mayor Laufenburger: Ms. Aanenson can we deal with all of these together after?
Kate Aanenson: We have all the findings, yep.
Mayor Laufenburger: Okay.
Kate Aanenson: All the motion will be in one motion. If you have questions on each of those,
I’m sorry I’ll pause and if you have questions on any of these.
Mayor Laufenburger: You can pause and staff, or if council has any questions.
Kate Aanenson: Okay great. The second one is on Lakota Lane. As you are aware this is part
of when we officially mapped the new 101. This is a property that the City has bought. There is
a horse stable on this property. It’s under a conditional use. In this zoning district horses are
permitted. A conditional use is not, no longer being applied. This would be an interim use and
again an interim use is where we put a deadline on such as such time these improvements
become available. Sewer and water, those sort of things so while the owner of that property is
renting it back from the City, there still will be a horse on there but the conditional use is no
longer applicable. That also helps us as we clean up the property or as you know we’re trying to
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Chanhassen City Council – December 14, 2015
acquire properties down there. There’s less encumbrances on the property so with that the
homeowner is satisfied that to continue to keep the horse on the property but there will not be a
conditional use with that. Any questions on that one? I’m sorry.
Councilman Campion: Kate…
Kate Aanenson: Yep, there will be a horse on the property but there will not be a conditional use
for a stable or anything like that so she can keep her one horse on there. She’s not boarding
horses. That sort of thing so her own personal use.
Councilman Campion: Okay.
Kate Aanenson: The Bluff Creek Inn, again this is for a bed and breakfast. A bed and breakfast
is a conditional use. Is a conditional use within the zoning district. Again that’s been changed to
an interim use in the zoning district back when this was approved so it hasn’t been used as a bed
and breakfast for a number of years so with that we are recommending again revocation of the
conditional use. So again if that was to come in today we’d have it go under the interim use
where we’d put a definite timeline on that. And then finally a conditional use for an antenna on
this property. This property is zoned rural residential. A cell tower is a conditional use so
someone else in this zoning district could do a cell tower. Those are permitted within. Again a
conditional use would require a public hearing before the Planning Commission and then be
approved by the City Council but that conditional, the tower is no longer there. It is not being
used so with that to clean up the property we are recommending that you also consider
revocation of that conditional use. So that concludes the 4 properties so at this time, again we
did notify all the property owners. People within 500 feet if they had questions so there is
standards for all of the resolutions for all of those, for all 4. Pretty much they’re all consistent.
No longer in place. That sort of thing if anybody had questions on the resolution I’d be happy to
answer that but we are recommending you open a public hearing and then suggested a motion for
you.
Mayor Laufenburger: Alright, thank you Ms. Aanenson. That concludes the staff report at this
time. First of all before I open the public hearing, are there any questions from council to Ms.
Aanenson? Alright, at this time I will open the public hearing. That means that anybody who is
present in the chamber who would like to speak to any of these, any of these revocation of the
conditional permits, you may do so at this time by simply stepping to the podium. State your
name and address and also the perhaps the CUP under which you would like to speak. Is there
anybody in the chamber that would like to speak to this conditional use permit revocation at this
time? Alright there being none I will close the public hearing for the revocation of these
conditional use permits. Bring it back to council. Any comment or question from council or
motion?
Councilman McDonald: How about a motion Mr. Mayor?
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Chanhassen City Council – December 14, 2015
Mayor Laufenburger: Councilman McDonald.
Councilman McDonald: I would propose that the City Council approves the resolutions
revoking conditional use permits 1982-02, 1984-07, 1985-04, 1996-04 and adopts the attached
Findings of Fact and Decision.
Mayor Laufenburger: We have a motion. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Laufenburger: Thank you Councilwoman Tjornhom. Is there any further discussion? I
just have one question Ms. Aanenson if you wouldn’t mind. The, when we set up these
conditional use permits and we have a number of them in the city, is that correct?
Kate Aanenson: That’s correct.
Mayor Laufenburger: We monitor these kind of we go out and inspect to make sure that the
conditional use is being adhered to and complied with is that correct?
Kate Aanenson: That’s correct. I think we talked to you about that when we did the 61 corridor.
We have a lot of interim uses and conditional uses down there but yes. That’s something that we
do with the expectation that the surrounding properties conditional uses are permitted. You can
put conditions on to mitigate that so we want to make sure it was hours of operation are limited,
those are the kind of things. No outdoor storage. Those are the kind of things that we make sure
that they’re being good neighbors and follow up on.
Mayor Laufenburger: Okay. So obviously these 4 properties when they come off of conditional
use then we will, they will no longer be on the rolls to be inspected for that.
Kate Aanenson: That’s correct.
Mayor Laufenburger: Is that correct, okay. Alright, thank you. Any further discussion?
Resolution #2015-85:Councilman McDonald moved, Councilwoman Tjornhom seconded
to approve the resolution revoking Conditional Use Permit #1982-02 and adopts the
attached Findings of Fact and Decision. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
Resolution #2015-86:Councilman McDonald moved, Councilwoman Tjornhom seconded
to approve the resolution revoking Conditional Use Permit #1984-07 and adopts the
attached Findings of Fact and Decision. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
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Chanhassen City Council – December 14, 2015
Resolution #2015-87:Councilman McDonald moved, Councilwoman Tjornhom seconded
to approve the resolution revoking Conditional Use Permit #1985-04 and adopts the
attached Findings of Fact and Decision. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
Resolution #2015-88:Councilman McDonald moved, Councilwoman Tjornhom seconded
to approve the resolution revoking Conditional Use Permit #1996-04 and adopts the
attached Findings of Fact and Decision. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
Mayor Laufenburger: Next on our agenda is new business. I indicated that item H-1 has been
deleted. Let’s move to item 2.
AMENDMENT TO CITY CODE CHAPTER 4 CONCERNING FEES.
Mayor Laufenburger: Is there a staff report?
Greg Sticha: Yes, good evening Mayor and City Council.
Mayor Laufenburger: Mr. Sticha, good evening.
Greg Sticha: On an annual basis staff presents to council recommended changes to the City’s
Chapter 4 of our ordinance in regards to fees. This evening we presented in front of you a list of
items staff is proposing for changing the City fees. A few items and I’ll briefly review those
with you first this evening. One, the first item is an amendment to change Section 4-15 which
applies to the liquor license investigation fee. The background check that is done by Carver
County to amend it to $250 rather than $100 as per what we are paying the County for that
service. The second item is in regards to building permit fees. Staff is recommending a 3
percent change in Table 1-A of the building permit fee schedule to account for increased costs in
regards to credit card processing fees the City is being charged. Of note the City has not
amended it’s building permit fees in regards to Table 1-A since 2009 so it has been 6 years since
we’ve seen any increase in that particular table. The other 3 major areas are in regards to the
City’s utility funds and I’m going to go over each of those funds very briefly and talk about what
the council went through over the last 3 months to come to this evening’s change in the fees for
all of it’s utility funds. The City goes through an extensive process with a financial advisor to
monitor our 3 city utility funds. The water, sanitary sewer and storm water funds. Based on this
year’s findings and direction from City Council we’ll be amending the city code in terms of fees
for each of those utilities as follows. First the water fund. One item of particular and I guess
very significant importance that the council discussed over the last several months, and actually
we’ve had been discussing over the last several years is when to build a west water treatment
plant. Council has put this as a priority rather sooner rather than later. We’ve had the plant
scheduled anywhere from 2017 to 2023 in our long term financial planning models. Council felt
it was important to make sure that that treatment plant get built in 2017-2018 time frame.
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