06-15-21 Agenda and PacketAGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, JUNE 15, 2021, 7:00 PM
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
The Public Hearings portion of the Planning Commission agenda allows for the public to provide comments
on those agenda items. To ensure an open public process, the city has made accommodations for the
public to view and participate in these public hearings by selecting one of the following options:
ATTEND the meeting and present your comments when called upon.
EMAIL your comments to the Planning Commission at pccomments@ci.chanhassen.mn.us. All
comments received by 6:00 p.m.on the day of the meeting will be included as a part of the Planning
Commission meeting.
WATCH the meeting live online at http://www.ci.chanhassen.mn.us/agendas or on Mediacom Cable
Channel 107.2. The meeting begins at 7:00 pm.
ZOOM Register to participate in the meeting via Zoom. Further instructions for participation are
included in the registration confirmation email. Please register by 5:00 p.m. if you wish to provide
public comment on an agenda item.
For all options, you must provide your name and address for the record.
A.CALL TO ORDER
B.PUBLIC HEARINGS
1.Consider a Request for a TwoFoot Height Variance for an Accessory Structure on
Property Located at 6300 Hummingbird Road
2.Consider a Request for a Fence Variance on Property Located at 931 Lake Susan
Hills Drive
3.Consider a Request for an Amendment to the Interim Use Permit to Remove the
Condition Requiring the Installation of Driving Range Nets
C.APPROVAL OF MINUTES
1.Approve Planning Commission Minutes dated June 1, 2021
D.ADJOURNMENT
NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official bylaws.
We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not
appear to be possible, the Chairperson will notify those present and offer rescheduling options. Items thus pulled
from consideration will be listed first on the agenda at the next Commission meeting.
If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the
AGENDA CHANHASSEN PLANNING COMMISSIONTUESDAY, JUNE 15, 2021, 7:00 PMCITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARDThe Public Hearings portion of the Planning Commission agenda allows for the public to provide commentson those agenda items. To ensure an open public process, the city has made accommodations for thepublic to view and participate in these public hearings by selecting one of the following options:ATTEND the meeting and present your comments when called upon. EMAIL your comments to the Planning Commission at pccomments@ci.chanhassen.mn.us. Allcomments received by 6:00 p.m.on the day of the meeting will be included as a part of the PlanningCommission meeting.WATCH the meeting live online at http://www.ci.chanhassen.mn.us/agendas or on Mediacom CableChannel 107.2. The meeting begins at 7:00 pm.ZOOM Register to participate in the meeting via Zoom. Further instructions for participation areincluded in the registration confirmation email. Please register by 5:00 p.m. if you wish to providepublic comment on an agenda item.For all options, you must provide your name and address for the record.A.CALL TO ORDERB.PUBLIC HEARINGS1.Consider a Request for a TwoFoot Height Variance for an Accessory Structure onProperty Located at 6300 Hummingbird Road2.Consider a Request for a Fence Variance on Property Located at 931 Lake SusanHills Drive3.Consider a Request for an Amendment to the Interim Use Permit to Remove theCondition Requiring the Installation of Driving Range NetsC.APPROVAL OF MINUTES1.Approve Planning Commission Minutes dated June 1, 2021D.ADJOURNMENTNOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official bylaws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does notappear to be possible, the Chairperson will notify those present and offer rescheduling options. Items thus pulledfrom consideration will be listed first on the agenda at the next Commission meeting.
If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the
public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it
is up to each individual City Council member and Mayor if they want it to be made part of the public record or
not. There is no State Statute that forces the Mayor or City Council to share that information with the public or
be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part
of the public input process.
PLANNING COMMISSION STAFF
REPORT
Tuesday, June 15, 2021
Subject Consider a Request for a TwoFoot Height Variance for an Accessory Structure on Property
Located at 6300 Hummingbird Road
Section PUBLIC HEARINGS Item No: B.1.
Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202110
PROPOSED MOTION:
The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, denies the requested two
foot accessory structure height variance and adopts the attached Findings of Facts and Decision.
SUMMARY OF REQUEST
The applicant is requesting a twofoot height variance to allow them to keep the accessory structure as constructed.
APPLICANT
Armenak Petrosian, 6300 Hummingbird Road, Excelsior, MN 55331
SITE INFORMATION
PRESENT ZONING: SingleFamily Residential District, RSF
LAND USE:Residential Low Density
ACREAGE: 0.82 acres
APPLICATION REGULATIONS
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” SingleFamily Residential District
Section 20904, Accessory Structures
BACKGROUND
The house was constructed in 1945.
The property was replatted in 1978.
Building permit #201901889 was issued on August 9, 2019 to demolish an existing shed and replace it with a 24’ x 32’,
PLANNING COMMISSION STAFFREPORTTuesday, June 15, 2021SubjectConsider a Request for a TwoFoot Height Variance for an Accessory Structure on PropertyLocated at 6300 Hummingbird RoadSectionPUBLIC HEARINGS Item No: B.1.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202110PROPOSED MOTION:The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, denies the requested twofoot accessory structure height variance and adopts the attached Findings of Facts and Decision.SUMMARY OF REQUESTThe applicant is requesting a twofoot height variance to allow them to keep the accessory structure as constructed.APPLICANTArmenak Petrosian, 6300 Hummingbird Road, Excelsior, MN 55331SITE INFORMATIONPRESENT ZONING: SingleFamily Residential District, RSFLAND USE:Residential Low DensityACREAGE: 0.82 acres APPLICATION REGULATIONSChapter 20, Article II, Division 3. VariancesChapter 20, Article XII, “RSF” SingleFamily Residential DistrictSection 20904, Accessory StructuresBACKGROUNDThe house was constructed in 1945.The property was replatted in 1978.
Building permit #201901889 was issued on August 9, 2019 to demolish an existing shed and replace it with a 24’ x 32’,
onestory accessory structure.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, deny the requested two
foot accessory structure height variance, require the applicant to apply for a building permit, revise the plans and
reconstruct the garage to meet the 20foot building height, and adopt the attached Findings of Facts and Decision.
ATTACHMENTS:
Staff Report
Findings of Fact and Decision Denial
Findings of Fact and Decision Approval
Development Review Application
Narrative
Plan Sheets
Affidavit of Mailing
CITY OF CHANHASSEN
PC DATE: June 15, 2021
CC DATE: June 28, 2021
REVIEW DEADLINE: June 29, 2021
CASE #: PC 2021-08
BY: RG
SUMMARY OF REQUEST:
The applicant is request for a two-foot height
variance for an accessory structure.
LOCATION: 6300 Hummingbird Road
APPLICANT: Armenak Petrosian
6300 Hummingbird Road
Excelsior, MN 55331
PRESENT ZONING: Single-Family
Residential (RSF)
2040 LAND USE PLAN: Residential Low
Density
ACREAGE: 0.82 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN
DECISION-MAKING:
The city’s discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The city has a relatively
high level of discretion with a variance because the applicant is seeking a deviation from
established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting a two foot height variance to allow them to keep the accessory garage
as constructed.
The applicant has stated that the design of their addition and garage will allow for the future
connection to a reconstructed single-family home.
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments denies the requested two-foot accessory
structure height variance and adopts the attached Findings of Facts and Decision.”
6300 Hummingbird Road
June 15, 2021
Page 2
APPLICABLE REGULATIONS
Section 1-2: Building height means the vertical distance between the highest adjoining ground
level at the building or ten feet above the lowest ground level, whichever is lower, and the
highest point of a flat roof or average height of the highest of the highest gable of a pitched or
hipped roof. (20)
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
Chapter 20, Article XXIII, Division 1. Generally
Section 20-904, Accessory Structures
BACKGROUND
The house was constructed in 1945.
The property was replatted in 1978.
Building permit #2019-01889 was issued on August 9, 2019 to demolish an existing shed and
replace with 24’ x 32’, one-story accessory structure.
SITE CONSTRAINTS
Zoning Overview
The Single-Family Residential zoning district permits a single-family home and up to 1,000
square feet in accessory structures. Building height for homes are limited to three stories and 35
feet. Accessory structures are limited to 20 feet in height. The maximum hardcover is 25
percent impervious surface.
Bluff Creek Corridor
This property is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is not located within a Shoreland Protection District.
6300 Hummingbird Road
June 15, 2021
Page 3
Wetland Protection
There are no wetlands on site.
NEIGHBORHOOD
Variances within 500 Feet:
There is one variance within 500 feet of the property.
6200 Murray Hill Road #1977-08 15-foot front yard setback
ANALYSIS
Detached Garage
In 2019, the applicant applied to construct a 768 (24 ft. x 36 ft.) square foot, one-story,
approximately 15-foot tall, detached accessory structure to replace an existing shed.
Foundation Elevation
After beginning construction, the applicant modified his plan to construct a two-story accessory
structure without submitting revised plans to the city for review.
In March, 2021, the homeowner submitted revised plans for the garage he had built. His initial
submittal showed the shed height at 22 feet; however, the corrected plans show it right at the 20-
foot height limit.
6300 Hummingbird Road
June 15, 2021
Page 4
Staff informed him that he needed to call the Building Department to set up a final inspection. In
order to verify that the revised plans he submitted were accurate, we had the building inspector
check the following:
1) Floor to ceiling height (especially lower level)
2) Verify that 4:12 pitch trusses were used.
3) Verify the shown two-foot grade differential.
The building inspector went to the site on March 12, 2021, to perform an inspection. He
determined the building height to be 24 feet 10 inches with the roof height constituting four feet,
with an average height of two feet. The building height then becomes 22 feet, which is two feet
taller than permitted by Code. At that point, staff advised the applicant that they would need to
apply for a variance.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
deny the requested two-foot accessory structure height variance, require the applicant to apply
for a building permit, revise the plans and reconstruct the garage to meet the 20-foot building
height, and adopt the attached Findings of Facts and Decision.”
If the Planning Commission determines that the variance should be granted, staff recommends
that the following motion and Conditions of Approval be adopted:
6300 Hummingbird Road
June 15, 2021
Page 5
The Chanhassen Board of Appeals and Adjustments approves a two-foot accessory structure
height variance, subject to the Conditions of Approval and adopts the attached Findings of Fact
and Decision.
1. The applicant shall provide revised plans that accurately reflect the constructed building.
2. The applicant shall schedule and receive a final inspection.
ATTACHMENTS
1. Findings of Fact and Decision (Denial)
2. Findings of Fact and Decision (Approval)
3. Development Review Application
4. Applicant’s Narrative
5. Plan Sheets
6. Affidavit of Mailing
g:\plan\2021 planning cases\21-10 6300 hummingbird road var\staff report_6300 hummingbird rd_var.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIAL)
IN RE:
Application of Armenak Petrosian for a two-foot height variance for an accessory structure on
property at 6300 Hummingbird Road, zoned Single-Family Residential District, RSF – Planning
Case #2021-10.
On June 15, 2021, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application from Armenak
Petrosian for a two-foot height variance for an accessory structure. The Planning Commission
conducted a public hearing on the proposed variance preceded by published and mailed notice.
The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential District, RSF.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
use.
3. The legal description of the property is Lot 5, Block 1, Murray Hill Replat of 17 and 18.
4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the Comprehensive
Plan.
Finding: The applicant is proposing to increase the permitted height of an accessory
structure by two feet. Accessory structures are limited in height so that they maintain the
appearance of the neighborhood. Generally but not always, accessory structures are one
story in height. By adding a second story, the applicant has created a larger structure than
is permitted.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties", as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
2
Finding: The property owner could construct an accessory structure that complies with
ordinance. Their original building permit submittal complied with ordinance. It was
when the plan were revised, and not reviewed by the city, that the applicant exceeded
City Code.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance would allow the applicant to keep the constructed accessory
structure, thus saving on demolition and reconstruction costs.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: By revising the accessory structure without submitting the plans for City
review, the applicant constructed a building that exceeded City Code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The variance will permit an accessory structure that is taller than most
accessory structures.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This condition does not apply.
5. The planning report #2021-10, dated June 15, 2021, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments denies the two-foot accessory structure height
variance and directs the applicant to apply for a new building permit and remodel the structure to
comply with City ordinance.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 15th day of June,
2021.
CITY OF CHANHASSEN
BY: _______________________________
Steven Weick, Chairman
g:\plan\2021 planning cases\21-10 6300 hummingbird road var\findings of fact and decision - denial.doc
g:\plan\2021 planning cases\21-10 6300 hummingbird road var\findings of fact and decision - approval.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Armenak Petrosian for a two-foot height variance for an accessory structure on
property at 6300 Hummingbird Road, zoned Single-Family Residential District, RSF – Planning
Case #2021-10.
On June 15, 2021, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application Armenak
Petrosian for a two-foot height variance for an accessory structure. The Planning Commission
conducted a public hearing on the proposed variance preceded by published and mailed notice.
The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential District, RSF.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
use.
3. The legal description of the property is Lot 5, Block 1, Murray Hill Replat of 17 and 18.
4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the Comprehensive
Plan.
Finding: The applicant is proposing to increase the permitted height of an accessory
structure by two feet. While accessory structures are limited in height, they applicant has
constructed the accessory structure to fit in with a future reconstruction of the home on
the property. By adding a second story, the applicant has created prepared this structure
for the future home.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties", as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
g:\plan\2021 planning cases\21-10 6300 hummingbird road var\findings of fact and decision - approval.doc
Finding: The property owner could construct an accessory structure that complies with
ordinance, but it would not lend itself to a future connection to a reconstructed home on
the property and would require significant modification to be connected to a future two-
story home.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance would allow the applicant to keep the constructed accessory
building.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The reconstruction of the home is a timing issue for the applicant since the
home is currently occupied by his father. Rather than having him move while a new
home is constructed.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The variance will permit the applicant to keep the accessory structure, which is
permitted on properties zoned RSF.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This condition does not apply.
5. The planning report #2021-10, dated June 15, 2021, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments approves the two-foot accessory structure height
variance subject to the following conditions:
a. The applicant shall provide revised plans that accurately reflect the constructed accessory
structure.
b. The applicant shall schedule and receive a final inspection.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 15th day of June,
2021.
CITY OF CHANHASSEN
BY: _______________________________
Steven Weick, Chairman
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$200
COilIIIUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1100 / Fax: (952) 227-1110 CITY OI CHAI{HASSII{
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v
APPLICATION FOR DEVELOPMENT REVIEW
subinitbrDd!: ?/oo1Sl n*"k /,s l>t ccoa",a / t a-l >l 6GDay Reviev, Date:Ulot
Section 1: Applicataon Type (check all that apply)
E tnterlm Use Permit (lUP)
E h coniunction with Single-Family Residence.. $325E att oners...... ............. ... ...$425
(Rolet to ha qf/ryiae AIPlic ion C,€,c,did tu tqdtd
I Compehensive Plan Arnendment......................... $600! Minor MUSA line for failing on-site sewers.....$100
E Conditional Use Permit (CUP)E Single-Family Residence ................................ $325D att oners...... .......................$42s
slffid inloot,,rjo, thal md s.,,np',-y hb aniL?/lrryr)
E SuMivision (SUB)!fI
trtr
Create 3 lots or less .................--..................... $300
Create over 3 lots $600 + $15 per lot(__ lots)
Metes & Bounds (2 lots)...,..............................$m
Coosolidate Lots. ................. $150
$300
on Permit (WAP)
$150
$275
$100
E Lot Line Adjusrnent.........................................$150E Finat P1a1...................... ........$7OO
(lncludes $450 esoow for attomey costs)'
'AdditbrEl€scrqw rIlay b€ rlSrirEd b o0€r applications
Arough 0ta devdoFnenl omtacl
E Vacatlm of Easemenb/Rigtrt-of-way (VAC)........
(Addliond ,.cordng tu€s m.y ely)
E Variance (VAR)
E Wetland Alterati
Single-Family Residence
$7s0
$100
$s00
E sbn Plan Review........................-......................... $150
E Site Plan Review (SPR)
E Adminisrrawe ......................$1mI Cornmerciautndusfial Disticts'...................... $5OO
Plus $10 per 1,0(x) square feet of building area:( thoussnd square feet)
'lndude nmb.r of ldgbq employoas:
E Escmw fq Recoding Documents (cfEck all that
D ConOitionat Use PermitE vacatbnE Mdes & Bounds SuMMsion (3 docs.)
'lrdude nunb€r ol Agg €mdoF€5:
Residential Disficts.............................
Plus $5 per d,velling unit ( units)
$500
El Nomcatim Sign (city b irdar and rEmorre)
! Property Orners' List within g)0' (city ro gsncraie affer pre-appticarion rn€eting)
gE: lthen rflddph +plica0ons r]l pToc6sed conoJrrnly,
the approp.ld! ftc shCl be.rrargcd lor ..ch appllc.Oon.
$3
'6"*:T..l......, gso per dodmentE Site Plen AgreementE wetlandE oeeos
TOTAL FEE
Alteration Perrnit
.@
$soo
Section 2: Required lnformation
Description of Proposal
Property Address or Location:i0 0 Hua
parcet#: )s.S.rClI&,Legal Description:
Total Acreage:Wetlands Present? E Yes El No
Serecr one fZS F Requested Zoning . Select One
Requested Land Use Oesignation . Select One
6ie Hrlr:st
Present Land Use Desig 661;66. Selecl One
&isting Use of Property:
Echeck box if separate nanative is attached.
r
E Rezoning (REz )E Phnned Unit Development (PUD) ..................E Uinor lmenOment to existing PUO............-....E ff ottrcrs......
lnterim UsqPermit
Variance 7>o
Easements ( easements)
Pres€nt Zoning:
Section 3: Property Owner and Applicant lnformation
Name frntact:
Phone:Address:
City/Statetz ip
Email:
Cell:
Fax:
DateSignature:
PROPERW OWNER: ln signing this application, l, as property o,vner, have tull legEl capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by lhose
conditions, subjec{ only to the right to otject at the hearings or during the appeal periods. I will keep mysetf informed of
the deadlines for submissbn of material and the progress of this application. I turther understand that additional fees may
be charged for consulting fees, feasibility studi6, etc. with an estimate prior to any autlrcrizetion to proceed with f}e
I certify the information and exhibits submitted are true and
Address:OO Huautri,,g Qc{ R4Mngsgl
ei/a L- P.fr-ot;o
cofrect.
Contact
Emait: cRRe o
Signalure:
PROTECT ENGIIiIEER (if applceb)
Name:
tq. e I (' enrr^
Cell:
Fax:
Oate
Cell:
Fax:
^t
Address:
Contact
Phone:
City/Statezip:
Email:
This applicalion must be compleEd in tull and musl be accompanied by all inbrmation and plans requircd by
applicabl€ City Ordimnce provisbns. EoforB filing this applicatbn, rebr to the apFopriate Applicalbn Cfieddist
and confer with the PhnnirE DeparfiEnt to determine the specific ordinance and apdicable procedural
r€quirernents and fees.
A determination of compleleness of the application shall be made within 15 business da)6 of application submittal. A
written notice of applicetion deficiencies shall be mailed to the applicant within 15 business da)/s of application.
tryho should receiye copaes of statr rcports?
Owner Via:
Ma:
Ma:
Ma:
dEmair !
Eemait E
E emait E
Eemar E
Mailed Paper Copy
Mailed Paper Copy
Mailed Paper Copy
Mailed Paper Copy
City/Statezip
Email:
Appli:ant
Engineer
other'
Address:
INSTRUCTIONS TO APPLICANT: Com plete all necessary form fields, then selecl sAvE FoRM to save a copy to your
device. PRINT FORM end deliver to city along with required docurnents and payrnent. SUBMIT FORM to send a digital
copy to the city for processing.
SAVE FORI PRII{T FORM SUBMIT FORM
APPLICANT OTHER THAN PROPERW OWNER: ln signing this applicalion, l, as applicant, represenl to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subjecl only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I ha\e attached separate documentation of full legal capacity to file the application. 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 will keep myself informed of the deadlines for submissaon of material and the progress of this application. I
further understand that additionalfees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted ere true and conect.
study.
Name:
pnone: 1{A- ) ?o - ?43 ?
city/statezip:
Section 4: Notification lnformation
'Other Contacl lnformation :
Name:
To whom it may concern,
We hereby requesting approval of variance for newly build structure (Shed/Garage) that stands 2' above
allowed accessory structure height of 20'.
While our original permit request was submitted for much lower height, during the construction we
came to realization that in the future we would like to make this accessory structure part of the new
house, that will be built on this parcel. To accommodate for desired (typical these days) height of the 9'
for the first floor and 8'for the second floor and taking in consideration the fact that future house will
need to be elevated at the min of one feet from the ground, we ended up with 10' for first floor and 8'
for the second story of the new structure. While our desire was to have much higher root pitch, to keep
up with essential characters of the current locality and surroundings and harmonizing with current
structure roof line with the existing structure, we went with 5/12 pitch to mitigate esthetic view of new
addition during the time 2 structures will remain on the parcel. As you can see in pictures below,
lowering the roofline made the new structure to fit esthetically into neighborhood and existing structure
character without standing out due to the structure size.
,t-
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d
While we met all the min requirements for the height of the building for our future construction needs,
we unfortunately have a "practical difficult/' with complying with current zoning ordinance for the
height of accessory building since it is a stand-alone structure currently. We will be in compliance with
the zoning ordinance for the height when this structure will become part of the main structure. We
would like to emphasize that this height difference does not change property value.
We have lived 2Gr years in this community and have no previous, existin8 or future intensions to create
any hardship for anyone with our plans on our land. We are just trying to build a better future for our
family with the means and timeframes that we have today. We are asking for the approval of the
variance until we build the new structure and become compliant with the zoning ordinance again when
new garage/shed will become part of the new house.
Sincerely,
Armenak and Lena Petrosian
Future
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
( ss.
CoUNTYoFCARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
June 3,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to
consider a request for a 2-foot height variance for an accessor? structure on property
tocated at 6300 Hummingbird Road, zoned Single-Family Residential (RSF)' Planning
Case No. 2021-10, to the persons named on attached Exhibit "A", by enclosing a copy ofsaid
notice in an envelope addressed to such owner, and depositing the envelopes addressed to all
such owners in the United States mail with postage fully prepaid thereon; that the names and
addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer,
Carver County, Minnesota, and by other appropriate records.
this3(tr day of
S ubscribed and swom to before me
Kim Meuwissen, Deputy k
(Seal)
JEAII Iil STECI(LIilG
ilohryhffi'ilImGa!l,hEt-rrx,Ea
2021.
N otary Public
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Disclaime.
This map is neither a legally rccorded map nor a survey and is not intended to be used
as one. This map is a compilalron of records. information and dalia located in vadous cily,
county, strate and federal offces and other sources regading the area shown, and is to
be used for reference puryoses only. The City does not warant that the Geog6phic
lnformation System (GlS) Data used to pepare lhis map are enor free and lhe City does
not represent that the GIS Data can be used for navlgational, tracking or any other
pu.poie requidng exacting measurement ol distance or diredion or preosion in the
depiction of oeographic features. The preceding disclaims is provided pursuant to
Minnesota Slalutes 5466.03, Subd 21 (2000). and the user of this map acknowiedges
that the City shall not be liable tor any damages, and expressly waives all claims, and
agrees to defend, indemnify, and no6 harmless the city trom any and all claims brought
bt User, its employees or agents. or third p€rtes which arise out of the use/s access or
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This map is neither a legally recorded map nor a suryey and is not intended to be used
as one. This map is a compilatron of records, infomatjon and dala located in vaiou3 clty,
county, state and federal off@s and other sources regarding the aree shown, aod is to
be used lor reference purposes only. The City does not wanant that lhe Geographic
lnformalion System (GlS) Dala used to prepare this map are enor free and the City do€s
not represenl thal the GIS Oata can be used for navigatronal, tracking or any other
purmse requiring exactng measurcment of disliance or directron or precjsion in the
clepictjon of geographic features. The preceding disclaimer is provided purcuant to
Minnesota statutes s466 03. Subd. 21 (2000). and the user of this map acknowledges
thal the City shall not be laable for any damages, and expressly waives all claims' and
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PLANNING COMMISSION STAFF
REPORT
Tuesday, June 15, 2021
Subject Consider a Request for a Fence Variance on Property Located at 931 Lake Susan Hills Drive
Section PUBLIC HEARINGS Item No: B.2.
Prepared By Bob Generous, Senior Planner File No:
PROPOSED MOTION:
The Chanhassen Planning Commission, acting as the Chanhassen Board of Appeals and Adjustments, approves a
variance to permit the applicant to construct a sixfoot fence along West Lake Drive in the front yard of 931 Lake
Susan Hills Drive subject to the Conditions of Approval;
and
Adopts the Findings of Fact and Decision.
SUMMARY OF REQUEST
The applicant has requested a variance to construct a sixfoot privacy fence in their front yard, which is their backyard.
APPLICANT
Alec McKinley, 931 Lake Susan Hills Drive, Chanhassen, MN 55317
SITE INFORMATION
PRESENT ZONING: Planned Unit DevelopmentResidential District (PUDR)
LAND USE:Residential Low Density
ACREAGE: 0.34 acres
APPLICATION REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article XXIII, Division 5. Walls and Fences
BACKGROUND
Lake Susan Hills West 9 th Addition was approved on June 14, 1993, creating 92 singlefamily lots. The PUD required
that a sidewalk be located on one side of all through, local streets, but not on culdesacs, and trail connections to Prairie
PLANNING COMMISSION STAFFREPORTTuesday, June 15, 2021SubjectConsider a Request for a Fence Variance on Property Located at 931 Lake Susan Hills DriveSectionPUBLIC HEARINGS Item No: B.2.Prepared By Bob Generous, Senior Planner File No: PROPOSED MOTION:The Chanhassen Planning Commission, acting as the Chanhassen Board of Appeals and Adjustments, approves avariance to permit the applicant to construct a sixfoot fence along West Lake Drive in the front yard of 931 LakeSusan Hills Drive subject to the Conditions of Approval;andAdopts the Findings of Fact and Decision.SUMMARY OF REQUESTThe applicant has requested a variance to construct a sixfoot privacy fence in their front yard, which is their backyard.APPLICANTAlec McKinley, 931 Lake Susan Hills Drive, Chanhassen, MN 55317SITE INFORMATIONPRESENT ZONING: Planned Unit DevelopmentResidential District (PUDR)LAND USE:Residential Low DensityACREAGE: 0.34 acres APPLICATION REGULATIONSChapter 20, Article II, Division 3, VariancesChapter 20, Article XXIII, Division 5. Walls and FencesBACKGROUND
Lake Susan Hills West 9 th Addition was approved on June 14, 1993, creating 92 singlefamily lots. The PUD required
that a sidewalk be located on one side of all through, local streets, but not on culdesacs, and trail connections to Prairie
Knoll Park and Lake Ann Park Preserve be provided.
The home was constructed in 1993 and was purchased by the current owner in 2012.
The applicant submitted a fence permit application on April 20, 2021. As part of the permit review, staff notified the
applicant that a variance would be required to construct the fence as proposed.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve a sixfoot front
yard fence variance subject to the following Conditions of Approval, and adopt the attached Findings of Facts and
Decision.
1. A zoning permit must be obtained before beginning any construction.
2. The applicant shall relocate the sixfoot privacy fence outside of the sight triangle of the driveway as well as the
site triangle for the property at 8440 West Lake Drive.
3. The applicant shall apply for and receive an Encroachment Agreement to place the fence within the drainage and
utility easement.
ATTACHMENTS:
Staff Report
Findings of Fact and Decision
Development Review Application
Narrative
Plan and Survey
Email DiMarco
Affidavit of Mailing
Lynn Petersen Email 06082021
Grace Skogen Email 06092021
Terry McGinley Email 06092021
Jaci Parsons Email
Alissa Gullo Email
Grady Email
CITY OF CHANHASSEN
PC DATE: June 15, 2021
CC DATE: July 12, 2021 (if necessary)
REVIEW DEADLINE: July 13, 2021
CASE #: PC 2021-11
BY: RG, EH, JS
SUMMARY OF REQUEST:
The applicant has requested a variance to construct a six-foot privacy fence in their front yard.
The applicant’s driveway faces West Lake Drive while the front of the home faces Lake Susan
Hills Drive. Even though the area in which the applicant wants to construct a fence is located
behind the home, the sideways facing driveway dictates that under City Code, this section of
property be labeled as front yard.
LOCATION: 931 Lake Susan Hills Drive
APPLICANT: Alec Mckinley
931 Lake Susan Hills Drive
Chanhassen MN 55317
PRESENT ZONING: Planned Unit Development-Residential District (PUD-R)
2040 LAND USE PLAN: Residential Low Density
ACREAGE: .34 acres DENSITY: NA
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves a variance to permit the applicant
to construct a six-foot fence along West Lake Drive in the front yard of 931 Lake Susan Hills
Drive;
And adopts the Findings of Fact and Decision.”
931 Lake Susan Hills Drive
June 15, 2021
Page 2
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The city has a relatively
high level of discretion with a variance because the applicant is seeking a deviation from
established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting a variance to construct a six-foot privacy fence in their front yard.
The property is uniquely developed with the driveway facing West Lake Drive and the front of
the home facing Lake Susan Hills Drive. Even though the area in which the applicant wants to
construct a fence is located behind the home, City Code dictates that this section of property be
labeled as front yard for fence purposes. The applicant has stated that his true backyard is along
West Lake Drive, but because the garage is not facing Lake Susan Hills Drive, city ordinance
prohibits him from installing a six-foot tall privacy fence.
APPLICABLE REGULATIONS
Chapter 20, Article XXIII, Division 5. Walls and Fences
Any fence over six and one-half feet must receive a conditional use permit. The fence height is
measured from grade to the highest point on the fence. All other residential fences shall meet the
following standards:
931 Lake Susan Hills Drive
June 15, 2021
Page 3
(1) Side yards and rear yards. In any side or rear yard on lots, the height of fences shall not
exceed six and one-half feet.
(2) Front yards. Fences in the required front yard setback area that are opaque shall not
exceed three feet in height. Chain link fences in this area shall not exceed four feet in
height. All other open fences in this area shall not exceed six and one-half feet in height.
(3) Corner or double fronted lots. In addition to the other provisions contained in this section,
fences located on corner or double fronted lots shall be subject to the following
provisions:
a. Any fence within the required front yard setback area shall not exceed three feet in
height if opaque construction, or four feet in height if open construction.
b. The maximum height of a fence shall conform to the requirements of fences in front
yards within the corner site triangle. Two sides of corner site triangle commence at
the corner of the lot located at the intersection of the two streets and run a distance of
30 feet back along the lot lines abutting the streets. The third side of the triangle is a
straight line joining the end points of the adjacent sides.
c. The front shall be determined by the location of the garage.
BACKGROUND
Lake Susan Hills West 9th Addition was approved on June 14, 1993, creating 92 single-family lots.
The PUD required that a sidewalk be located on one side of all through local streets, but not on cul-
de-sacs, and trail connections to Prairie Knoll Park and Lake Ann Park Preserve be provided.
The home was constructed in 1993 and was purchased by the current owner in 2012.
The applicant submitted a fence permit application on April 20, 2021. As part of the permit review,
staff notified the applicant that a variance would be required to construct the fence as proposed.
SITE CONSTRAINTS
Zoning Overview
The property is a corner lot zoned PUD-R District and is located within the Lake Susan Hills
PUD District. Single-family homes must comply with the Single-Family Residential (RSF)
District requirements. The zoning classification requires lots to be a minimum of 15,000 square
feet, have a front yard setback of 30 feet, a rear yard setback of 30 feet, a side yard setback of 10
feet, and limits parcels to a 30 percent lot coverage. Since this is a corner lot, the property has
two front yard setbacks and two side yard setbacks, but no rear yard setback. Residential
structures are limited to 35 feet in height.
931 Lake Susan Hills Drive
June 15, 2021
Page 4
The lot has a total acreage of .34 acres and the house has a square footage 2,240 feet, with the
front door facing Lake Susan Hills Drive and its driveway facing sideways from the house
towards West Lake Drive. The property also has a 10-foot drainage and utility easement along
the street frontages.
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is not located within a Shoreland Protection District.
Wetland Protection
There is not a wetland located in the development site.
NEIGHBORHOOD
Lake Susan Hills
The PUD agreement for Lake Susan Hills was passed on November
19, 1987, establishing the requirements for current and future
neighborhood development. It was amended on March 13, 2000, to
adjust the maximum percentage of allowable impervious surfaces on
its outlots.
The Lake Susan Hills development consists of single-family detached
homes, twinhomes, townhouses and multi-family apartment buildings.
Variances Within 500 Feet:
There are no known variances within 500 feet of the property.
ANALYSIS
Garage Positioning
931 Lake Susan Hills Drive
June 15, 2021
Page 5
The city’s wall and fences article requires that any fences on corner or double fronted lots within
the required front yard setback area shall not exceed three feet in height if opaque, that the
maximum height of a fence shall conform to the requirements of fences in front yards within the
corner site triangle and that the front shall be determined by the location of the garage. For 95
percent of the homes, this regulation correctly allows for a privacy fence in the rear yard of the
lot. This parcel is one of the exceptions.
The applicant believes that these requirements should not apply to his proposed project to build a
six-foot tall fence on what the City Code defines to be his front yard. City Code states that the
front yard of an occupant’s home on a corner or double fronted lot is determined by the
positioning of the garage. In this case, the front door, windows and walkway face Lake Susan
Hills Drive. Under normal circumstances, the lot section facing Lake Susan Hills Drive would
be considered the front of the property since the front door of the house is oriented in this
direction. However, the garage and driveway of the applicant’s house are positioned sideways
and face West Lake Drive. As a result, the yard located behind the applicant’s house that would
normally be considered a backyard and used as a rear yard is counted as being part of the front
yard due to the positioning of the applicant’s garage. The applicant stated that he does not have
the desire nor the finances to reposition his home or garage. He also stated that the proposed
fence would not alter the essential character of the locality due to there being fences in the
neighborhood including the neighboring lot, 8541 West Lake Drive, which has a fence that
almost encroaches on the front of the property.
The applicant states that there are multiple fences in his neighborhood. The applicant wants to
construct 72 inches in height in total along what he believes is his backyard, not front yard of his
property line. The applicant states that he does not intend nor has the ability to reposition his
house or driveway to face Lake Susan Hills Drive. The applicant’s intention for the fence is for
privacy and security of his own backyard property, that the fence is not intended for any
economic gains, and that the intention of a privacy fence is not to alter the essential character of
the locality. The applicant states that he intends to use his property in a reasonable manner within
the city ordinances and in harmony with the city and its surrounding neighborhood.
City Code requires fences in front yards be only three feet high if opaque or four feet if chain
link. For properties on corner or double fronted lots, the front yard is determined by the location
of the garage. In this case, the front of the applicant’s home faces Lake Susan Hills Drive while
the garage is positioned sideways and faces West Lake Drive. Given the unique nature of the
property, staff concurs that the rear yard is located to the west of the house and recommends the
request to construct a six-foot fence in the proposed location.
The city has received a comment concerned that having a privacy fence along West Lake Drive
close to the sidewalk (approximately six feet) will create a hazard for children walking on the
sidewalk who would not be able to see the tail lights of vehicles backing onto West Lake Drive
from 931 Lake Susan Hills Drive. The six-foot tall privacy fence, as proposed, has the potential
for creating a safety issue in relation to users who utilize the abutting sidewalk, in particular
bicyclists, and adequate stopping sight distances from vehicles exiting the property. In order to
increase user safety, staff recommends offsetting the northeast corner of the fence 30 feet to the
west of the driveway at the property line while maintaining an unobstructed clear zone, as
931 Lake Susan Hills Drive
June 15, 2021
Page 6
depicted below. This would also be consistent with the definition of a site triangle from city
ordinance. In order to address this concern, staff recommends that the privacy fence be located
outside of the sight distance triangle of the driveway. Additionally, the same requirement will be
made at the northwest corner of the site for the driveway at 8440 West Lake Drive. Fencing
inside the sight triangle would need to comply with the front yard fencing standards.
Drainage and Utility Easement
The property has a drainage and utility easement and the applicant will be required to obtain an
Encroachment Agreement if the fence is approved.
Impact on Neighborhood
The applicant’s proposal to construct a fence on what is designated as his front yard is not
expected to negatively impact any of the surrounding properties or environmental features.
Despite the positioning of the applicant’s driveway, the section of the lot behind the house under
normal circumstances would be considered the backyard. If a six-foot fence were to be
constructed, it would have no effects on the corner site triangle of West Lake Drive and Lake
Susan Hills Drive and would aesthetically blend in with the neighborhood.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve a six-foot front yard fence variance subject to the Conditions of Approval, and adopt the
attached Findings of Facts and Decision.
1. A zoning permit must be obtained before beginning any construction.
931 Lake Susan Hills Drive
June 15, 2021
Page 7
2. The applicant shall relocate the six-foot privacy fence outside of the sight triangle of the
driveway as well as the site triangle for the property at 8440 West Lake Drive.
3. The applicant shall apply for and receive an Encroachment Agreement to place the fence
within the drainage and utility easement.
ATTACHMENTS
1. Findings of Fact and Decision
2. Development Review Application
3. Variance Narrative
4. Proposed Plan and Survey
5. Email from Laura DiMarco
6. Affidavit of Mailing of Public Hearing Notice
g:\plan\2021 planning cases\21-11 931 lake susan hills drive fence var\staff report_931 lake susan hills drive fence_var.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application for Alex T. Mckinley for a variance to construct a six-foot fence in his front yard at
931 Lake Susan Hills Drive.
On June 15, 2021, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned as Planned Unit Development-Residential District
(PUD-R).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low
Density use.
3. The legal description of the property: Lot 2, Block 5, Lake Susan Hills West 9th
Addition.
4. Variance Findings - Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general
purposes and intent of this Chapter and when the variances are consistent with the
Comprehensive Plan.
Finding: City Code permits privacy fencing in the side and rear property. The
applicant wishes to construct a six-foot tall privacy fence that would encompass
the back side of his property. The applicant’s house is located on a corner lot with
the front door facing Lake Susan Hills Drive. However instead of facing the front
side of the house, the applicant’s garage is positioned sideways from the house
facing West Lake Drive. Under City Code, the front of a house located on a
corner or double fronted lot is determined by where the garage is facing. Because
of the garage’s sideways positioning, what would normally be considered the
backyard of the property is now considered part of the front yard by City Code,
prohibiting the construction of a privacy fence.
2
b. When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties" as used in connection with the granting of a variance,
means that the property owner proposes to use the property in a reasonable
manner not permitted by this Chapter. Practical difficulties include, but are not
limited to, inadequate access to direct sunlight for solar energy systems.
Finding: The applicant’s proposal to construct a six-foot fence on the back area
of his property is reasonable given that under normal circumstances the section of
property that the fence will surround what would be his backyard if the garage
was facing the same direction as the house.
c. That the purpose of the variation is not based upon economic considerations
alone.
Finding: The variance request is not solely based upon economic considerations,
but to permit the homeowner to enjoy a screened rear yard.
d. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
Finding: The plight of the landowner is due to pre-existing conditions on the
property, specifically the awkwardly placed garage. All of these conditions were
present on the property, prior to the applicant purchasing the property.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The applicant’s proposal would result in the construction of a six-foot,
privacy fence that surrounds the back area of the property. Additionally, a home
right across the street has a six-foot privacy fence that surrounds the back section
of its property.
f. Variances shall be granted for earth sheltered construction as defined in
Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this
Chapter.
Finding: This condition does not apply.
5. The planning report #2021-11, dated June 15, 2021, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments approves the variance to permit a six-foot privacy fence
in the front setback subject to the following conditions:
a. A zoning permit must be obtained before beginning any construction.
3
b. The applicant shall relocate the six-foot privacy fence outside of the sight triangle of
the driveway as well as the sight triangle for the property at 8440 West Lake Drive.
c. The applicant shall apply for and receive an Encroachment Agreement to place the
fence within the drainage and utility easement.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 15th day of June,
2021.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
g:\plan\2021 planning cases\21-11 931 lake susan hills drive fence var\findings of fact.docx
COTTUN]TY DEVELOPHENT DEPARTTIENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, chanhassen, MN 55317
Phone: (952) 227 -1 1 00 / Fax: (952t 227 -1 1 10
Submittal Date t/-7 ,/aaa-/ rcour.,U/t< I 5t
CITYOTCIINIIASSI}I
APPLICATION FOR DEVELOPMENT REVIEW
CC Date:"lrlllt 6&Day Revi€ { Date:1 r3 J
Section 'l: Application Type (check all that apply)
(Reler lo tl,e apprqtialo ApplicEltin C;Mdisl br tqui,ed submittal inbmatin frpt must @tvany tis applbatkn)
trtr
tr
!
Comprehensive Plan Arnendment...........-..-.......... $600
E Minor MUSA line for tailing on-site sewers..... $100
Conditional Use Permit (CUP)
E Single-Family Residence........................-....... $325
! Att otrers...... ..-................... $425
lnErim Use Permit (lUP)
E In conjunction with Sangle.Family Residence.. $325
fl A[ofiers...... .............,........$425
$100
E gscrur Or RecorOing Documents (check all that
E condfionat Use Permit
E vacationE uetes a eounds SubdMsbn (3 docs-)
trfl
Subdivision (SUB)
E Create 3loB or less .............
Ei Cr..te oret a f.t"......... ...........(_ lots)
E Metes & Bounds (2 lots) ..........
E Consolidate 1ots.......................
E Lot Line Adjusfnent..................
E Final Plat.
..........'.." "" $300
.$600 + $15 per lot
......................$300
...............-......$1s0
.........'.........-.. $1 50
""""""""""""" $700
(lncludes $450 escrow br attomey costs)'
'Additional e€ctow nray be requiEd for other applicatbns
through the developrnert cootract
! Rezoning (REZ)- E ptan-ndd Unit Devetopment (PUD) .................. $750 E Vacation of Easements/Right-of-way (VAC)........ $300
I Uinor Amendment b existing PUD......-.......... $1OO (Additional tecoding Ees mav apPlv)
El Variance (VAR).................................................... $200
n Wefland Alteraton Permit (WAP)
E site Ptan Revie{, (sPR)
E nominist'ative
E commerciaulndustial Distsicts*...................... $500
Plus 310 per 1,000 square fieet of building area:( thousand square Eet)
1ndde nunber of elq[hg emplops:
'lndde nunber of 4gg employeE:
E Resirtential DisricE......................................... $500
Plus $5 per dwelling unit ( units)
Notihcation SOn (c y to insiar and r€rnore) ......-...................
I Zoning Appea|..................... $100
El Property Owners' List within 500' (city to gerrcrate aftet prc-appli(rion rEeting) . . . . ............. $3 Per address
( 57 addresses)
....... $50 Per document
n Site Plan Agreernent
E Zoning ordinance Amendment (ZOA)................. $500
llglE: wlr.n muI+l!.pDliodolE rt p.oo6s.d conqfllnty,
lh. .pFop.i.b b. shll b. ch-fpd tor ..ch rDPli!.lion,
/-r--
../$2oo )L--
aPPlv)..................E tnterim Use Permit
Variance
Easements L- esements)
I wbtland! oeeos
TOTAL FEE
Section 2: Required lnformation
Description of Proposal: S€€ ana€fted nanative- Requesting privary lence for badryard. According to ordinance this is
considered my sile /front yard due to where my driveway is located to my property.
Property Address or Location:43/ 1a2o S/.1izn 4r
Parcel *. q3/Legal Description 3'n Q^,,z/rnltrl ouJe
Total Acreage & "34 weiands Present? D Yes
//-c )n;.e cl,alastrtt fiil f53l7
6*o
SingleFamily Residential Distric,t (RSF)
Present Land Use Designation Select One Select One
/r +UIIY OF CHANHASSEN
CHANHASSEN PLAiINING DEPT
present zoning: Single'Family Resiledial Disticl (RSD Requested zoning:
Requested Land Use Designation:
Existing Use of Property:
MAY 14 2021
Echeck box if separate nanative is athhed-
Section 3: Property Owner and Applicant lnformation
Cell:
Fax:
/Cell:
Signature:Date:
Name Alec McKinley Contact:1l Y,n
Address:931 lake Susan Hills Drive Phone:6 /a -&B
Alec.T,
o- t2//
City/Statezip
Email:Chanhassen MN 55317 Fax
Signature:Date:5/ ///aoa-t
Contact:
Phone:
Cell:
Fax:
This application must be completed in full and musl be accompanied by all inbrmation and plans required by
apptir=bte City Ordinance provisions. Bebre filing this applicaton, rebr to the appropriate Application Checklist
and conEr with the Planning Departrnent to determine the specific ordinance and applicable procedural
rcquirernents and Ees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of appli€Uon.
Who should r.csivo copi6 of stal? roports?
E Property Owner Via: El ! uaieo Paper copy
E ttaiteo Paper copy
! Mailed Paper copy
E ualbo Paper copy
Email
Email
Email
Email
trtr
Via:
Via:
Via:
trtrApplicant
Engineer
Other'!u
|I{STRUCnONS TO APPLICANT: Complete all necessary form fields, then selec{ SAVE FoRM to save a copy to your
ffitocityalongwithrequireddooJmentsandpayrnent.SUBMlTFoRMbsendadi9ital
copy to the city for processing.
SAVE FORII PRINT FORTI SUB ]T FORiI
APPLICANT OTHER THAI{ PROPERW OWI{ER: ln signing this application, l, as applicant, represent to have obtained
authorization from the pmperty oirner to fib this applietion. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the applicatbn or during the appeal period. lf this application has not been soned by
the property owner, I have attac-hed separate documentation of full legal capacity to file the application. 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 will keep myself informed of the deadlines for submission of material and the progress of this application. I
further undeGtand that additional bes may be charged fior consulting Ees, fieasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and conect.
to* t-^*
-
Address: Phone
-
CitvrstateziD:
E^oil,
PROPERTY OWNER: ln signing this application, l, as property owner, have tull legal capacity to, and hereby do,
authorize the filing of lhis applioation. I understand that conditions of approval are binding and agree to be bound by those
conditions, sutject only to the right to object at the hearings or during the appeal perbds. I will keep mysef informed of
the deadlines br submissbn of material and the progress of this application. I furher understand that additional fees may
be charged br consulting fees, Gasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify thd the inbrmaton and exhibits submitted are true and conect
PROTEGT EIIGINEER (if applicable)
Narne:
Address:
City/Statezip:
Email:
Section 4: Notification lnformation
'Otlrer Cont ct !r om.tion:
Name:
Address:
City/Statezip:
Email:
AtEC MCKINTEY
931 loke Suson hills drive Chonhossen MN 5531 7
612-2e/j--1741
Moy 14,2021
Community Development Deportment
City of Chonhossen
c,iyofESlRHAssErr
MAY 14 ?O?I
c,rAI,tHASSEtJ PL4ulff{c otPI
Deor Plon n ing Divisio n -
Hello
Whythe request?
My property sits on the corner of two streets: W. lake Dr. and lake Susan Hills Drive. My
property is uniquely shaped with my driveway going into west lake drive but the front of my
house is on lake Susan hills drive. 'Ihis means my baclgrard technically goes along west lake
drive where my family and I would like to install a prirracy fence. The city ordinance states this
is technically my front yard. the fence would allow my family more privacy as currently
anyone walking down the sidewalk of west lake drive can have visibility into our house. In
addition this fence would also allow my young children to play in the baclyard with extra
security. We are not trying to break any city ordinances but instead ask for a variance given
our unique property design does not align perfectly to the city ordinances
Variance ryecific
. The fence would be 72 inches in height in total along wtrat we believe is our baclyard
not ftont yard of our property line.
. The intention of the fence is for privacy and security of my back5rard property.
. My true baclgard is along west lake drive but because my driveway is not facing lale
Susan hills drive the city ordinance is prohibiting me ftom installing a 6 ft prtuary
fence. The city ordinance does not fit ercactly to my unique property desigr and
therefore I would lil<e to rcquest a variance.
. I do not intend nor want to move my driveway to face lake Susan hills drive.
My Name is Alec Mcl(nley and I am the property owner of 931 lake Susan Hills Dr.,
Chanhassen. The purpose of this letter is to rcquest a variance which would allow me to
install a 6 foot privacy fence in my baclgard.
I am not able to practically reposition my house and property design to fit the current
ordinance.
'Ihe fence is not intended for any economic gains it is simply to provide my family more
prirracy.
The property is uniquely designed and this was not created by me the property
owner. I purchased the property in 2072 and it was built In 1993.
I intend to use my property in a reasonable manner within the city ordinances and with
harmony of the city and my neighborhood.
The intention of a privary fence is not to alter the essential character ofthe
locality. There are multiple fences in my neighborhood.
My unique prope(y design and alignment to this specific city ordnance is out of my control.
Please may I be granted the opportunity to discuss this unique scenario furtherand pursue a
variance?
Thanks your time and consideration.
Alec Mclftley
612-280-174L
2
The primary reason I believe my property should be considered a granted variance is our
family believes our "true" Baclryard of our property is along west lake drive even though my
driveway happens to be on the same strcel We don't consider it our front yard. We believe
our front yard is along lake Susan hills drive which is the front of our house. I cannot relocate
my driveway or reposition my house to meet exactly within the stated ordinance which would
allow a prirracy fence of 6 ft.
Wes
CERTIRCAIE OF SURVEY M32--1126-94for
JOE MIU FR HOMES
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Burnsville, MN 55306
nnss(oi 2) 435-1966
CHANHISSEN PIAI{NII,IG DEPT
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From:lauradimarco7@gmail.com
To:Generous, Bob
Subject:931 Lake Susan Hills Drive Request for Variance
Date:Wednesday, May 26, 2021 2:03:02 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Hello,
As a resident in the Lake Susan Hills neighborhood, I have some concerns about the the six foot privacy fence at
931 Lake Susan Hills Drive. Much of this properties yard is next to the neighborhood side walk. As they begin to
place stakes marking out where the fence will go, I am concerned by how close the fence will be placed next to the
side walk. I find that close proximity to the sidewalk creates a more obtrusive environment while walking on the
sidewalk. I think the fence being back further into the yard by a couple feet will help maintain a harmonious
environment of the city and keep the true welcoming character of our neighborhood.
Regards,
Ms. Laura DiMarco and Mrs. Margaret DiMarco
STATE OF MINNESOTA)
( ss.
COLINTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
June 3,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to
consider a request for a variance to permit a six-foot privacy fence in the front yard on
property located at 931 Lake Susan Hills Drive, zoned Planned Unit Development-
Residential @UD-R), Plannirg Case No. 2021-t l, to the persons named on attached Exhibit
"A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing
the envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses ofsuch ovmers were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Kim .M euwlssen,Depu Clerk
Subscribed and s m to before me
thiSrJ day o ,2021.
(Seal)
-T
JEAI{ M SIECKLII{G
tlotEry Rrbb+ffnecctary*r lfar.ri n,2rA.
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L-,A<../-fV Notary Public
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
This map is ne(her a l€gally rccoded map nor a survey and is nol intended to be used
a6 one. This map is a compilalron of recods, infomaton and data located in various city,
county, state and federal offices and other sources regading the area shoun, and is to
be used for refe€nce purposes only. The Cily does not v€rant that lhe GeogftPhic
lnfonrEton System (GlS) Oata used to prepare fts map are enor free, and the City does
not represenl that the Gls Datra can be used for navualional. tracking o. any other
purpose requidng e)6ctjng measurement of distance or direclion or pre'cjsion in the
depiclion of geographic features The preceding disdaimer is povided pursuanl to
Mannesota Statutes 5466.03, S!bd. 2l (2000), and the user ol this map acknouledges
that the City shall not be liable for any damages, and exp€ssly waives all daims, and
agrees to defend, indemnify, and hold harlnless the Crty lrom any and all daims brouoht
by User, i6 employees or agenls. or third parties which a se out of the use/s access or
use of data provided.
This map is neither a l€gally recorded map nor a gulvey and as not intended to be used
as one. This map is a compllation of records. infomatron and data located in various city.
county, state and federal ofices and other sour@s regardino the area shown, and is to
be us€d ior reference purposes onty. The City does not waranl that the Geographic
lnbrmation System (GlS) Data used to prepare this map a.e enor lree. and the City does
not represent that the Gls Data can be used for navagatonal. trac*ing or any other
purpos€ requiring exacling rEasurement of distance o( darection or pfecision in the
deficlion of geographac tealures. The preceding disdaimer is provided pursuant to
Minnesota StaMes 5466.03. Subd. 21 (2000), and the user of tiis map acknowledges
that tie crty shall not be liable for any dameges, and expressly waives all daims, and
agrces to deiend, indemnity. and hold harmless tie city f.om any and all claims broughl
by User, ib employees or agents, or thard panres which anse oul ol the useis access or
use of data provided.
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From:Generous, Bob
To:Meuwissen, Kim
Subject:FW: Opposition to variance at 931 Lake Susan Hills Drive
Date:Wednesday, June 9, 2021 11:17:20 AM
Kim,
Can we add this to the Lake Susan Hills Var. attachments? (6/15/21 PC)
Thanks,
Bob
From: Lynn Petersen <lmp985@gmail.com>
Sent: Tuesday, June 8, 2021 7:50 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: Opposition to variance at 931 Lake Susan Hills Drive
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
This letter is in regards to the variance request at 931 Lake Susan Hills Drive. I am a neighbor at 8431
West Lake Drive, and I have a strong opposition to this request. I believe it will negatively impact public
safety.
I understand the property owners at 931 LSHD desire privacy on a corner lot, with a high traffic sidewalk
that faces their windows. I understand the property owners want to protect their own personal safety
with a back yard that faces a street. I contend both of those factors were known at the time of purchase
and are personal matters.
A fence along the property line will create safety risks for our children – my children and the children of
the neighborhood. The same reason that privacy is a concern – a high traffic sidewalk – is the exact
reason the variance should not be allowed. This stretch of sidewalk connects our Lake Susan Hills
community to two beloved city assets. The sidewalk on West Lake Drive connects the entire
neighborhood to Prairie Knoll Park (affectionately known as Rainbow Park from its old design). The
sidewalk on West Lake Drive also connects residents on West Lake Drive and Dove Court to the city trail
along Lake Susan.
A fence along this property line will create 4 safety threats.
1. Children are taught to treat driveways like streets, watching for taillights. A fence
will prevent children from seeing a car backing out.
2. The drivers themselves will not have a clear line of sight to watch for children on
the sidewalk. Even rear cameras will not be able to detect motion until it’s too late.
3&4: Multiply this by two with different directions of traffic west and east. East bound foot
traffic will be at risk at 931 LSHD. Westbound foot traffic will be at risk at the adjacent 8440
West Lake Drive.
I am not opposed to a fence that preserves sight lines for both the property at 931 Lake Susan Hills drive
and the adjacent property of 8440 West Lake Drive. A fence that prioritizes public safety over personal
lifestyle choices would divide the property into small sections, yet I believe that is the right choice for the
neighborhood interests. I believe that public safety, especially that of our children, should be a higher
priority than personal interest.
Thank you for your consideration.
Lynn Petersen
8431 West Lake Drive
Chanhassen, MN 55317
From:Generous, Bob
To:Meuwissen, Kim
Subject:FW: Variance Request 931 Lake Susan Hills Drive
Date:Wednesday, June 9, 2021 12:49:06 PM
Could we also add this to the packet?
Thanks,
Bob
From: grace skogen <grace.huso.skogen@gmail.com>
Sent: Wednesday, June 9, 2021 12:37 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: Variance Request 931 Lake Susan Hills Drive
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hi Bob-
I live at 990 Lake Susan Hills Drive and I completely support the property owners putting up a
fence at 931 Lake Susan Hills Drive. I do not think this will cause any safety issues or risks in
our neighborhood.
I feel like if this is what the owners want for privacy and safety for their kids and family they
should be able to build a fence.
Thank you,
Grace Skogen
--
Grace Skogen
Ph: 612.807.2566
From:Generous, Bob
To:Meuwissen, Kim
Subject:FW: 931 Lake Susan Hills Drive Request for Variance
Date:Wednesday, June 9, 2021 1:34:38 PM
Another email for the packet.
Thanks
Bob
From: Terry McGinley <terrymskip@gmail.com>
Sent: Wednesday, June 9, 2021 1:31 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: 931 Lake Susan Hills Drive Request for Variance
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hi Bob:
I live at 920 Lake Susan Hills Drive, very close to the site of the above request for variance. I
have read the project documentation and support the request for variance. I do not know the
McKinley's, but am very familiar with their property, as I walk by it almost every day. Their
property is unique and they have no privacy in their backyard. As Alec stated in his letter, the
intended purpose of the current ordinance does not really apply to their property, because of its
unique design and positioning along two streets. Their request makes perfect sense and I think
it should be granted.
Sincerely,
Terry McGinley
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: Variance Request at 931 Lake Susan Hills Drive
Date:Monday, June 14, 2021 1:42:28 PM
From: Jacqueline Parsons <pars0105@umn.edu>
Sent: Monday, June 14, 2021 9:51 AM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: Variance Request at 931 Lake Susan Hills Drive
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
This letter is in regards to the variance request at 931 Lake Susan Hills Drive. I live in Chanhassen
Estates but I frequent the trails that connect our neighborhoods as do my children , and I have a strong
opposition to this request. I believe it will negatively impact public safety.
I understand the property owners at 931 LSHD desire privacy on a corner lot, with a high traffic sidewalk
that faces their windows. I understand the property owners want to protect their own personal safety
with a backyard that faces a street. I contend both of those factors were known at the time of purchase
and are personal matters.
A fence along the property line will create safety risks for our children – my children and the children of
the neighborhood and those utilizing the sidewalks. The same reason that privacy is a concern – a high
traffic sidewalk – is the exact reason the variance should not be allowed. This stretch of sidewalk
connects our Lake Susan Hills community to two beloved city assets. The sidewalk on West Lake Drive
connects the entire neighborhood to Prairie Knoll Park (affectionately known as Rainbow Park from its old
design). The sidewalk on West Lake Drive also connects residents on West Lake Drive and Dove Court to
the city trail along Lake Susan.
A fence along this property line will create 4 safety threats.
1. Children are taught to treat driveways like streets, watching for tail lights. A fence
will prevent children from seeing a car backing out.
2. The drivers themselves will not have a clear line of sight to watch for children on
the sidewalk. Even rear cameras will not be able to detect motion until it’s too late.
3&4: Multiply this by two with different directions of traffic west and east. East bound foot
traffic will be at risk at 931 LSHD. Westbound foot traffic will be at risk at the adjacent 8440
West Lake Drive.
I am not opposed to a fence that preserves sight lines for both the property at 931 Lake Susan Hills drive
and the adjacent property of 8440 West Lake Drive. A fence that prioritizes public safety over personal
lifestyle choices would divide the property into small sections, yet I believe that is the right choice for the
neighborhood interests. I believe that public safety, especially that of our children, should be a higher
priority than personal interest.
Thank you for your consideration.
Jaci Parsons
(952) 465-7564
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: 931 Lake Susan Hills Drive
Date:Monday, June 14, 2021 1:42:10 PM
-----Original Message-----
From: Alissa Gullo <alissagullo@icloud.com>
Sent: Sunday, June 13, 2021 8:12 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: 931 Lake Susan Hills Drive
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Hi Bob,
I hope you enjoyed your weekend! I live at 810 Lake Susan Hills Drive and am writing in regards to the variance
request at 931 Lake Susan Hills Drive.
Please accept this email as my formal support for the homeowners to build a fence. I walk by this property
numerous times and I must admit I always feel like I am invading their privacy as their backyard and view into their
home is always on display. I think a privacy fence is a fantastic idea not only for the homeowners and their children,
but also for those of us walking by.
Thank you for your consideration and for taking care of our city!
Sincerely,
Alissa Gullo (Revak)
810 Lake Susan Hills Drive
Sent from my iPhone
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: Opposition to 931 Lake Susan Hills Variance
Date:Tuesday, June 15, 2021 8:40:14 AM
From: Eric Grady <grady318@hotmail.com>
Sent: Monday, June 14, 2021 9:38 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: Opposition to 931 Lake Susan Hills Variance
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hi, I live in Lake Susan Hills area and have family members who live near this house
requesting the variance.
My family member who is an avid biker said that this fence would be a safety issue with the
bike path across from the sidewalk for kids and families biking across.
Possibly, a partially see through fence could be a compromise so motorists can see the bikers?
Thanks,
Eric Grady
8451 Ibis Court
Chanhassen MN 55317
PLANNING COMMISSION STAFF
REPORT
Tuesday, June 15, 2021
Subject Consider a Request for an Amendment to the Interim Use Permit to Remove the Condition
Requiring the Installation of Driving Range Nets
Section PUBLIC HEARINGS Item No: B.3.
Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202102
PROPOSED MOTION:
The Chanhassen Planning Commission recommends denial of an amendment to the conditions of the Interim Use
Permit #202102 for a golf driving range, and adopts the attached Findings of Fact and Recommendation.
SUMMARY OF REQUEST
The applicant is requesting an amendment to the conditions of the IUP to remove the requirement of the installation of
netting at the south end of the driving range.
APPLICANT
Brian and Keri Colvin, 14870 Maple Trail SE, Prior Lake, MN 55372
SITE INFORMATION
PRESENT ZONING: Agricultural Estate District, A2
LAND USE:Agriculture and Office
ACREAGE: 97.75 acres
APPLICATION REGULATIONS
Chapter 20, Article IV, Division 2, Section 20232, General Issuance Standards
Chapter 20, Article IV, Division 3, Section 20259, Golf Driving Ranges
Chapter 20, Article IV, Division 5, Interim Use Permits
BACKGROUND
On January 25, 2021, City Council approved IUP #202102, which allowed the applicant to reopen the golf driving
range subject to the conditions of the previous IUP.
RECOMMENDATION
PLANNING COMMISSION STAFFREPORTTuesday, June 15, 2021SubjectConsider a Request for an Amendment to the Interim Use Permit to Remove the ConditionRequiring the Installation of Driving Range NetsSectionPUBLIC HEARINGS Item No: B.3.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202102PROPOSED MOTION:The Chanhassen Planning Commission recommends denial of an amendment to the conditions of the Interim UsePermit #202102 for a golf driving range, and adopts the attached Findings of Fact and Recommendation.SUMMARY OF REQUESTThe applicant is requesting an amendment to the conditions of the IUP to remove the requirement of the installation ofnetting at the south end of the driving range.APPLICANTBrian and Keri Colvin, 14870 Maple Trail SE, Prior Lake, MN 55372SITE INFORMATIONPRESENT ZONING: Agricultural Estate District, A2LAND USE:Agriculture and OfficeACREAGE: 97.75 acres APPLICATION REGULATIONSChapter 20, Article IV, Division 2, Section 20232, General Issuance StandardsChapter 20, Article IV, Division 3, Section 20259, Golf Driving RangesChapter 20, Article IV, Division 5, Interim Use PermitsBACKGROUNDOn January 25, 2021, City Council approved IUP #202102, which allowed the applicant to reopen the golf drivingrange subject to the conditions of the previous IUP.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that City Council deny the amendment to the Interim Use
Permit 202102 Conditions of Approval, and adopts the attached Findings of Fact and Recommendation.
ATTACHMENTS:
Staff Report
Findings of Fact and Recommendation
Interim Use Permit #202102
Development Review Application
Narrative
Affidavit of Mailing
CITY OF CHANHASSEN
PC DATE: June 15, 2021
CC DATE: July 12, 2021
REVIEW DEADLINE: July 13, 2021
CASE #: PC 2021-02
BY: MYW
SUMMARY OF REQUEST: The applicant is requesting an amendment to Interim Use Permit
(IUP) #2021-02 to operate a golf driving range on a property zoned “A2” – Agricultural Estate
District. The applicant is requesting that the condition requiring netting at the back of the driving
range be removed.
LOCATION: 825 Flying Cloud Drive
APPLICANT: Brian and Keri Colvin
14870 Maple Trail SE
Prior Lake, MN 55372
PRESENT ZONING: “A2” – Agricultural Estate District
2040 LAND USE PLAN: Office/Agriculture
ACREAGE: 97.75 acres
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying interim use permits, based on whether or
not the proposal meets the use standards outlined in the zoning ordinance. If the City finds that all
the applicable use standards are met, the permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting an amendment to the conditions of the IUP to remove the
requirement of the installation of netting at the south end of the driving range.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends denial of an amendment to the conditions of
the Interim Use Permit #2021-02 for a golf driving range, and adopts the attached Findings of Fact
and Recommendation.”
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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Page 2
A golf driving range operated under IUP 1998-2 at
825 Flying Cloud Drive from 1998 to 2018 and
was reinstated on January 25, 2021. Much of the
property is located within a floodplain and has
extensive wetlands. A Conditional Use Permit
(CUP) and a Wetland Alteration Permit (WAP)
were also required in order to prepare the site for
the business. After the initial site plan and permits
were approved in 1998, the original owner applied
for and received a series of variances and
amendments to expand the operation, including an
amendment allowing for the sale of 3.2 percent
malt liquor and the addition of a second story to
the driving bunkers. The most recent variance and
amendment was approved in 2016 and allowed for
an 11,100-square foot addition to the club house.
After the driving range closed in 2018, the IUP
expired.
The applicant purchased the property and
requested that an IUP be issued to allow for the
resumption of the business’s operations. The
applicant did not propose any expansion or
significant alterations to the existing facilities or
grounds. Their intention is to operate the business
in a manner substantially similar to what was
previously present on site. They are aware that a
golf driving range is an interim use and that the
permit will terminate once municipal services are
extended to the site.
APPLICABLE REGULATIONS
Chapter 19, Article III, Section 19-41, Connection Required
Chapter 20, Article IV, Division 2, Section 20-232, General Issuance Standards
Chapter 20, Article IV, Division 3, Section 20-259, Golf Driving Ranges
Chapter 20, Article IV, Division 5, Interim Use Permits
Chapter 20, Article V, Floodplain Overlay District
Chapter 20, Article VII, Shoreland Management District
Chapter 20, Article X, “A-2” Agricultural Estate District
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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BACKGROUND
The subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road
61/Flying Cloud Drive intersection. The site is over 90 acres in area. The vast majority of the
property is in the floodplain of the Minnesota River. This means the site is subject to periodic
flooding.
There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject
site, which encompasses adjacent properties that are under the jurisdiction of the Department of
Natural Resources (DNR). The subject site is one of the few parcels not included in the Minnesota
River “Raguet” Wildlife Management Area. This entire property has been identified as an area
whose development pattern needs to be sensitive to the watershed, including the wetland and the
creek.
The subject property has gone through the public hearing process for a variety of reasons in the past.
On July 13, 1998*, the City Council approved the following (subject to conditions):
• Site Plan #98-8 for a golf improvement center.
• Interim Use Permit #98-2 which expires in the year 2020, to allow golf and driving range in
the A2 District.
• Conditional Use Permit #98-2 for alteration of a floodplain.
• Wetland Alteration Permit #98-1.
• First reading and waived the second reading of Code Amendment #98-1 to amend Section
20-265, Standards for Golf Driving Ranges to allow a retail pro shop.
• Variance to allow the square footage of the office/clubhouse to be increased to 986 square
feet.
*On July 13, 1998, the City Council denied the request for extended hours of operation (Variance
#98-1).
On September 13, 1999*, the City Council approved the following, subject to conditions:
• An amendment to City Code Section 10-55(b) to allow golf course driving ranges with
permanent plumbing facilities to be eligible for a liquor license.
• On-sale intoxicating sale 3.2 malt liquor license contingent upon receipt of the $280 license
fee and the liquor liability insurance certificate. The licensed premises would include the
clubhouse and outdoor brick patio, driving range, par-three course, and putting course. No
beer would be allowed to be consumed in the parking lot area.
• An amendment to Site Plan #98-8 to allow for an expansion of a second story to the driving
bunkers for RSS Golf.
On October 27, 2006, the City Council approved the following subject to conditions:
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
June 15, 2021
Page 4
• An amendment to Site Plan #98-8 and Interim Use Permit #98-2 for the construction of an
11,100 square-foot addition to the principal structure.
• A 10,300 square-foot building area variance from the 800 square-foot building area
restriction for the golf driving range principal structure.
• A variance for the use of steel paneling as a primary exterior material.
On February 2, 2016, the previous site owner withdrew an application for the following:
• An amendment to Site Plan #98-8, Interim Use Permit 98-2, and Conditional Use Permit 98-
2 to allow an outdoor recreation area for volleyball and horseshoes, upgrades to existing
patio area, and a paintball course.
• A variance to allow two monument signs that are non-compliant with City Code design
standards, exceed the number of allowed signs, and exceed the maximum display area for
signage in the Agricultural Estate District (A2).
• An amendment to Chapter 11 and Chapter 20 of the City Code to allow paintball as an
exempt firearm use and as an Interim Use in the Agricultural Estate District (A2).
*Note: Staff was unable to find the files containing Site Plan 98-8, Interim Use Permit 98-2,
Conditional Use Permit 98-2, Variance 98-1, and Wetland Alteration Permit 98-1. As a result,
staff has relied on the background notes and research contained in the staff reports and files from
Planning Cases 2006-30 and 2016-01.
On January 25, 2021, City Council approved IUP #2021-02, which allowed the applicant to
reopen the golf driving range subject to the conditions of the previous IUP.
SITE CONSTRAINTS
Bluff Creek Corridor
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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This is not located within the Bluff Creek
Overlay District.
Wetland Protection
A wetland delineation was conducted and
approved when the development originally
went in. Because the function of the site is not
changing, and that no impacts to the wetland
or area adjacent to the wetland areas are
anticipated, another wetland delineation will
not be required. The wetlands on site are
classified as preserve, meaning that they are
considered high quality. However, the
building, parking lot, and driving range are all
located outside of the wetland area and its
associated setbacks and buffers. Additionally,
the use of the property will not negatively impact the wetland. The applicant is not proposing any
other activities or alterations that are expected to impact the wetland.
The Lower Minnesota River Watershed District has echoed the above noting that since no land-
disturbing activities, drainage alteration, or fill is proposed, they have no concerns with the
proposal. The watershed has advised that the applicant should familiarize themselves with
watershed rules, and that if they decided at a future date to conduct any land disturbing activities,
drainage alterations, or add fill, approval from the Watershed District will be required. In the
event that the applicant decides any of the aforementioned activities are necessary, City approval
would also be required.
Bluff Protection
There are no bluffs on the property.
Shoreland Management
Approximately 30,000 square feet of the northeastern most corner of the property is within the
shoreland overlay district due to being within 300 feet of the centerline of a stream. A small
section of the existing parking lot is located within this area; however, it is well clear of the
overlay district’s 100-foot parking lot setback. No other portion of the shoreland management
district’s ordinance would apply to the applicant’s proposal. The applicant is not proposing
increasing the parking lot area or encroaching further towards the stream, and as such, the
development is not anticipated to negatively impact the stream.
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Floodplain Overlay
This property is within the Minnesota River’s floodplain.
The majority of the parcel is located within the Floodway
District; however, the buildings are located outside of the
one percent annual chance flood area and driving ranges
are a permitted use within the Floodway District. The
applicant is not proposing any activities or alterations that
would require a Conditional Use Permit or which would
be prohibited within the floodplain overlay district.
ACCESS
Due to the realignment of Great Plains Boulevard, the site no longer has access via a signalized
intersection. While this is a change from the original conditions under which IUP 98-2 was
issued, the site still has direct access via a right-in right-out access to Flying Could Drive. Staff
believes this situation provides adequate access; however, Flying Could Drive is a county
highway and the applicant will need to abide by any conditions set by Carver County.
GRADING, DRAINAGE AND EROSION CONTROL
The applicant is not proposing any grading, nor are they proposing any changes to the property’s
drainage patterns. No alterations are proposed that are anticipated to require erosion control.
LANDSCAPING
The parking lot does not meet minimum requirements for landscaping. Currently, there are some
mature evergreens near the parking lot, but six deciduous trees were required at the time of the
original IUP. These required trees are not on site presently. Staff recommends that this
condition be applied to the proposed IUP.
ANALYSIS
After the Planning Commission voted to recommend approval of the requested IUP on
January 5, 2021, the applicant contacted staff to express concern over Condition 9 which states:
“Driving range nets shall comply with previous recommendations from the DNR, including the
condition that the nets be 4½ feet off of the ground.” The applicant stated that they did not
believe they could install the nets until spring, and asked if they could operate the facility
without the nets being in place. Condition 9 was amended to read: Driving range nets complying
with pervious recommendations from the DNR shall be installed by June 14, 2021. A $2,500
escrow shall be provided to ensure that the nets are installed and that all stray golf balls are
collected from the floodplain. This is the condition that the applicant now wishes to remove
from the IUP.
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The condition is intended to balance concerns over wildlife’s ability to transverse the property,
hence the 4½ foot ground clearance, with the potential for stray balls ending up in the wetland or
Minnesota River. Staff understands that few, if any, golfers would be able to hit a golf ball
directly into the wetlands; however, the concern is that if the balls are not confined to the driving
range area, they may not be picked up as they could land outside the areas in which ball pickers
are operated. As the driving range area is within a flood plain, these balls could subsequently be
transported by floodwaters into the river or preserve class wetland that boarders the driving
range.
As driving ranges typically feature nets to prevent stray balls from causing issues, staff does not
believe the proposed condition is extraordinary or unreasonable. Since this condition is designed
to mitigate a potential environmental impact of the driving range, staff is concerned that its
removal or alteration could impact driving ranges ability to meet the standards required for
issuing an IUP.
Water Resources does not support amending the IUP to remove the condition requiring the
installation of driving range nets. The original intention of the netting was to protect the wetland
from golf balls, but also to protect the wetland and wetland buffer from being negatively
impacted by machinery used to pick up the golf balls.
The wetland buffer area provides a very important transition zone from upland habitat to wetland
habitat. This area protects the wetland from erosion and helps remove sediment and other
pollutants. City staff would be concerned with machinery being used extensively within the
buffer and thus negatively impacting the area. In addition, while it might seem that the wetland
area is a significant distance away from the netting, it can be difficult to determine the precise
location or boundary of a wetland without a wetland delineation. While a wetland delineation
was not required in this case, it should be noted that the wetland could exist much closer to nets
than the traditional “wet” areas might seem.
INTERIM USE PERMIT
Interim uses are uses that the City believes are currently appropriate for an area, but will not be
suitable in the future. Applicants wishing to receive an IUP must demonstrate that the use will
not unduly impact adjacent parcels or the community and that it will be consistent with the intent
of the Comprehensive Plan and zoning ordinance. The City can place reasonable and justifiable
conditions on the permit in order to mitigate anticipated adverse impacts associated with a
proposed use. The City can also revoke IUPs if the conditions of approval are violated.
Standards for Issuing
The standards for issuing an IUP for a golf driving range in an A2 district are listed below. Staff
has written an assessment of the applicant’s proposal’s compliance in italics beneath each
criterion. The proposed amendment does not comply with Condition 9 of the standards.
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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Sec. 20-232. - General issuance standards.
The Planning Commission shall recommend a conditional use permit and the City Council
shall issue such conditional use permits only if it finds that such use at the proposed location:
(1) Will not be detrimental to or endanger the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city.
A golf driving range operated in this location for many years without incident. No portion of
the applicant’s proposed use of the site differs significantly from the previous use, and no
detrimental impacts are anticipated.
(2) Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
The City’s Comprehensive Plan calls for the portion of this site outside of the floodplain to
be rezoned for office use; however, the Comprehensive Plan allows for a parcel zoned at a
less-intensive land use designation to retain its existing zoning until municipal services are
available. Additionally, the City Code permits interim uses as a mechanism for allowing “a
use that is presently acceptable but that with anticipated development will not be acceptable
in the future.” Since the proposed use of the site is a temporary use of the site until sewer
and water becomes available, it is consistent with the Comprehensive Plan and Chapter 20
of the City Code.
(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.
The previous golf driving range operated in this area for many years without incident. The
applicant is proposing to utilize the existing facilities and their proposed use of the site does
not differ significantly from the previous use. The existing facilities are in keeping with the
existing character of the area, and resuming operations will not impact the area’s essential
character. It is anticipated that once sewer and water becomes available, the site will
redevelop in a manner compatible with the area’s intended character.
(4) Will not be hazardous or disturbing to existing or planned neighboring uses.
Resuming operation of a golf driving range at this location will not be hazardous to or
disturb the surrounding uses (a nursery/landscaping business and motel to the north and
floodplain and open spaces to the west, south, and east) as there were no issues with the
previous golf driving range. It is anticipated that once sewer and water become available,
this site and the properties to the north will redevelop.
(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
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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provided by the persons or agencies responsible for the establishment of the proposed
use.
The pre-existing golf driving range was adequately served by the aforementioned public
facilities and services and its private well and septic system. As the applicant’s proposed use
is substantially similar to the previous use, no inadequacies are anticipated.
(6) Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
The previous golf driving range did not created excessive requirements for public facilities
and services, and was not detrimental to the economic welfare of the community. The
applicant’s operation is not expected to create a strain on public resources and is good for
the economic welfare of the community. Since the proposed use is temporary, granting the
permit will not preclude future development to the detriment of the community’s economic
welfare.
(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 due
to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash.
The conditions placed upon the permit ensure that the use of the property as a golf driving
range will not impact adjoining properties or environmental resources in the manner
described above. The previous golf driving range operated under broadly similar conditions
for many years without incident, and resuming using the site as a golf driving range is not
expected to negatively impact surrounding properties or environmental features.
(8) Will have vehicular approaches to the property which do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
The right-in right-out access to Flying Cloud Drive provides a vehicular approach which is
not anticipated to create traffic congestion or interfere with traffic or surrounding public
thoroughfares.
(9) Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
The condition requiring netting is designed to mitigate a potential environmental impact of
the driving range. The condition is intended to balance concerns over wildlife’s ability
transverse the property, hence the 4½ ground clearance, with the potential for stray balls to
end up in the wetland or Minnesota River.
(10) Will be aesthetically compatible with the area.
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The site and facilities are pre-existing and no significant alterations are proposed.
Resuming the use of the site as a golf driving range will not alter or degrade the aesthetics
of the area. Since the proposed use is temporary, granting the permit will not preclude
future development to the detriment of the area’s aesthetics.
(11) Will not depreciate surrounding property values.
The applicant has expressed their intention to maintain the site and facilities to a high
standard. It is expected that an operational and well maintained business will do more to
maintain the surrounding property values than a vacant building would have. Since the
proposed use is temporary, granting the permit will not preclude future development to the
detriment of the area’s property values.
(12) Will meet standards prescribed for certain uses as provided in this article.
The applicant’s proposal meets the requirements of Sec. 20-259. – Golf Driving Ranges.
Sec. 20-322. - General issuance standards.
The Planning Commission shall recommend an interim use permit and the City Council
shall issue interim permits only if it finds, based on the proposed location, that:
(1) The use meets the standards of a conditional use permit set forth in Section 20-232
of the City Code.
The proposed golf driving range meets the standards for the issuance of a conditional use
permit.
(2) The use conforms to the zoning regulations.
The existing facilities and proposed use conform to the requirements of the City’s zoning
code.
(3) The use is allowed as an interim use in the zoning district.
Golf driving ranges are a permitted interim use within the A2 zoning district.
(4) The date or event that will terminate the use can be identified with certainty.
The extension of the City sewer and water to the area is a clearly identifiable event that will
trigger the termination of the IUP.
(5) The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
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The applicant is proposing to utilize existing facilities and no new structures or
modifications are proposed for the site that would impose additional costs on the public,
were it to become necessary for the public to take the property in the future.
(6) The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
Failure to agree to or violation of any of the conditions of approval will result in the
revocation of the IUP.
Sec. 20-259. - Golf driving ranges.
The following applies to golf driving ranges with or without a miniature golf course:
(1) The location of the driving range is limited to being adjacent to Trunk Highway 5
and County Road 61 (Flying Cloud Drive) and access must be from a collector or
arterial which leads to Trunk Highway 5 or County Road 61 (Flying Cloud Drive).
The property is located on Flying Cloud Drive, which was TH 212 at the time the ordinance
was passed, and access is from Flying Cloud Drive which is classified as an arterial street.
The City approved the driving range’s location in IUP 98-2 and Planning Case 2006-30.
(2) Hours of operation shall be from 7:00 a.m. to 9:00 p.m.
The applicant is proposing the following hours of operation:
These hours are the same as the hours that were requested and found to comply with this
criterion as part of Planning Case 2006-30.
(3) Provision of adequate parking areas and submission of a landscaping plan shall be in
conformance with Article VIII of this chapter.
Adequate parking areas are provided. The parking lot does not meet minimum requirements
for landscaping; however, this deficiency can be remedied by requiring the applicant to
plant six deciduous trees around the parking lot as a condition of approval.
(4) No site shall be located within 500 feet of a single-family residence.
There are no single-family residences within 500 feet of the driving range.
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(5) Buildings on the site may not exceed 800 square feet and shall be painted in earth
tones.
Variances to exceed this standard were issues as part of Site Plan 98-8 and Planning Case
06-30. The existing buildings comply with the approved site plans and variances.
(6) A retail pro shop is permitted. Only prepackaged food may be sold with no
commercial cooking appliance allowed. A 3.2 malt liquor license is allowed provided
the applicant applies for and receives approval of a liquor license in accordance with
City Code. A wine license is allowed provided the applicant applies for and receives
approval of a wine license in accordance with City Code and state licensing
requirements. Retail sales are limited to food, beverages, and golf related items.
The applicant is proposing selling prepackaged pizzas and has applied for a 3.2 malt liquor
and a wine license; both of these activities conform to the requirements of this standard. All
other merchandise will be limited to golf-related items or other prepackaged foods as
permitted by this condition.
Termination
As was noted earlier, IUPs are intended to grant temporary use of a property until changing
circumstances render that use undesirable. The City Code requires that either a specific date or
event be identified that will cause the IUP to be terminated. The ordinance also specifies that
IUPs terminate if the conditions of approval are violated, the City’s zoning regulations change to
render the use nonconforming, or the property is subdivided.
In this case, the City permits golf driving ranges as an IUP as a way to provide reasonable use of
certain properties zoned A2 until sewer and water become available and the City’s long-term
land use plan for the area can be realized. The City’s 2040 Land Use Plan guides 825 Flying
Cloud Drive occupied by the golf driving range’s structures for Office Use; however, Section
2.13.3 of the City’s Comprehensive Plan allows for parcels to retain their current zoning and
less-intensive land use designation until urban services become available. Once urban services
are available, both the City’s Comprehensive Plan and intent of the IUP ordinance require that
the interim use ends in order to allow for the property to redevelop in the intended manner.
Staff considers urban services to be available once the required connection criteria stipulated in
Section 19-41 of the City Code are met. Section 19-41 states that properties are required to
connect to City sewer when the system is extended to an adjacent premise, the same block, or
within 150 feet of the property. This section of the City Code requires the connection be made
within 12 months of any of the above criteria being met. As applied to this property, staff would
consider the criteria to be met once the sanitary sewer was extended to the parcels to the north,
850 and 780 Flying Cloud Drive. In order to meet the requirements of the interim use ordinance,
staff will add a clause to the permit stating that the IUP will expire 12 months after the parcels to
the north connect to City sewer.
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Conditions of IUP #2021-02
1) This IUP will terminate 12 months after the parcels to the north across Flying Could
Drive, 850 Flying Cloud Drive and 780 Flying Could Drive, connect to City sewer.
2) Prior to resuming operations, the property owner must schedule an inspection of the
property to verify that the property meets building, accessibility, and property
maintenance codes. The property owner must provide the inspector access to the interior
and exterior areas of the property. All health and safety items noted during the inspection
must be corrected prior to reopening, and any remaining items will need to be addressed
by the dates noted on any compliance letters that result from the inspection.
3) Property owner must provide evidence that a septic compliance inspection took place at
the time of sale. This evidence must show that requirements of Carver County Ordinance
Section 52.199 were followed at the time of property transfer. If no septic compliance
inspection occurred, a compliance inspection must be conducted and any deficiencies
correct.
4) Prior to resuming operations, a fire inspection must be conducted. All health and safety
items noted during the inspection must be corrected prior to reopening, and any
remaining items will need to be addressed by the dates noted on any compliance letters
that result from the inspection.
5) No development, grading, or expansion of the site is permitted beyond what was
approved under Interim Use Permit 98-2, Conditional Use Permit 98-2, Wetland
Alteration Permit 98-1, and Site Plan 98-8, as restated and amended.
6) The applicant must improve the existing rain garden within the proposed swale on the
north and west side of the proposed addition. Improvements should include plantings
such as trees, shrubs, and perennials. A landscape plan should be submitted to the City
for approval. Minor grading may also be necessary to ensure the rain garden functions
properly.
7) A minimum of 45 landscape trees (all existing trees) must be maintained within the
developed area (from back of building north up to right-of-way).
8) Six over story deciduous trees must be planted around the parking lot.
9) Driving range nets shall comply with previous recommendations from the DNR,
including the condition that the nets be 4½ feet off of the ground.
10) A pesticide and fertilizer maintenance program shall be submitted to the city by April 1
of each year. Storage of all chemicals shall be outside of the floodplain.
11) The property owner shall be responsible for maintenance of the storm drainage
improvements (ponds and ditches). Failure to properly maintain the storm drainage
improvement shall give the City the right to hire out the work and bill the applicant
and/or revoke the IUP.
12) The property owner shall submit an access permit application to Carver County Public
Works.
13) Permits must be obtained for the construction of, alteration of, or occupancy use changes
to any buildings on the site.
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14) Any further site development or land alterations that occur within the floodplain or near
the wetland may require additional approvals or permitting. Any change to the site must
be approved and properly permitted.
15) The property owner shall apply for and obtain permits from the appropriate regulatory
agencies, as necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota River
Watershed District, Minnesota Pollution Control Agency, Minnesota Department of
Natural Resources, and Army Corps of Engineers and Minnesota Department of
Transportation and comply with their conditions of approval.
UTILITIES
City utilities are not available at present to the property. A private well and septic system provide
adequate water and sewer service. Once urban services are extended to the parcels to the north,
the IUP will terminate within 12 months.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that City Council deny the
amendment to the Interim Use Permit 2021-02 conditions of approval, and adopts the attached
Findings of Fact and Recommendation:
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Interim Use Permit #2021-02
3. Development Review Application
4. Narrative
5. Affidavit of Mailing
g:\plan\2021 planning cases\21-02 825 flying cloud dr - golf zone\june 15 ph - amendment to iup for nets\golf zone iup amendment staff report.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT AND
RECOMMENDATION
IN RE:
Application of Brian and Keri Colvin for an amendment to Interim Use Permit #2021-02 to remove
the requirement of the installation of netting at the south end of the driving range.
On June 15, 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Brian and Keri Colvin for an amendment to the interim use
permit to remove the requirement of the installation of netting at the south end of the driving range
for the property located at 825 Flying Cloud Drive. The Planning Commission conducted a public
hearing on the proposed conditional use as 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, A-2.
2. The property is guided by the Land Use Plan for Agriculture and Office uses.
3. The legal description of the property is:
4. Section 20-232:
a. Will not be detrimental to or endanger the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city.
A golf driving range operated in this location for many years without incident. No portion of
the applicant’s proposed use of the site differs significantly from the previous use, and no
detrimental impacts are anticipated.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
The City’s Comprehensive Plan calls for the portion of this site outside of the floodplain to
be rezoned for office use; however, the Comprehensive Plan allows for a parcel zoned at a
less-intensive land use designation to retain its existing zoning until municipal services are
available. Additionally, the City Code permits interim uses as a mechanism for allowing “a
use that is presently acceptable but that with anticipated development will not be acceptable
in the future.” Since the proposed use of the site is a temporary use of the site until sewer and
water becomes available, it is consistent with the Comprehensive Plan and Chapter 20 of the
City Code.
2
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.
The previous golf driving range operated in this area for many years without incident. The
applicant is proposing to utilize the existing facilities and their proposed use of the site does
not differ significantly from the previous use. The existing facilities are in keeping with the
existing character of the area, and resuming operations will not impact the area’s essential
character. It is anticipated that once sewer and water becomes available, the site will
redevelop in a manner compatible with the area’s intended character.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Resuming operation of a golf driving range at this location will not be hazards to or disturb
the surrounding uses (a nursery/landscaping business and motel to the north and floodplain
and open spaces to the west, south, and east) as there were no issues with the previous golf
driving range. It is anticipated that once sewer and water become available, this site and the
properties to the north will redevelop.
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.
The pre-existing golf driving range was adequately served by the aforementioned public
facilities and services and its private well and septic system. As the applicant’s proposed use
is substantially similar to the previous use, no inadequacies are anticipated.
f. Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
The previous golf driving range did not created excessive requirements for public facilities
and services, and was not detrimental to the economic welfare of the community. The
applicant’s operation is not expected to create a strain on public resources and is good for
the economic welfare of the community. Since the proposed use is temporary, granting the
permit will not preclude future development to the detriment of the community’s economic
welfare.
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 due to
excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash.
The conditions placed upon the permit ensure that the use of the property as a golf driving
range will not impact adjoining properties or environmental resources in the manner
described above. The previous golf driving range operated under broadly similar conditions
for many years without incident, and resuming using the site as a golf driving range is not
expected to negatively impact surrounding properties or environmental features.
3
h. Will have vehicular approaches to the property which do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
The right-in right-out access to Flying Cloud Drive provides a vehicular approach which is
not anticipated to 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.
The condition requiring netting is designed to mitigate a potential environmental impact of
the driving range. The condition is intended to balance concerns over wildlife’s ability
transverse the property, hence the 4½ ground clearance, with the potential for stray balls
ending up in the wetland or Minnesota River.
j. Will be aesthetically compatible with the area.
The site and facilities are pre-existing and no significant alterations are proposed. Resuming
the use of the site as a golf driving range will not alter or degrade the aesthetics of the area.
Since the proposed use is temporary, granting the permit will not preclude future
development to the detriment of the area’s aesthetics.
k. Will not depreciate surrounding property values.
The applicant has expressed their intention to maintain the site and facilities to a high
standard. It is expected that an operational and well maintained business will do more to
maintain the surrounding property values than a vacant building would have. Since the
proposed use is temporary, granting the permit will not preclude future development to the
detriment of the area’s property values.
l. Will meet standards prescribed for certain uses as provided in this article.
The applicant’s proposal meets the requirements of Sec. 20-259. – Golf Driving Ranges.
5. The Planning Commission shall recommend an interim use permit and the City Council
shall issue interim permits only if it finds, based on the proposed location, that:
a. The use meets the standards of a conditional use permit set forth in section 20-232
of the City Code.
The proposed golf driving range meets the standards for the issuance of a conditional use
permit.
b. The use conforms to the zoning regulations.
The existing facilities and proposed use conform to the requirements of the City’s zoning
code.
4
c. The use is allowed as an interim use in the zoning district.
Golf driving ranges are a permitted interim use within the A2 zoning district.
d. The date or event that will terminate the use can be identified with certainty.
The extension of the City sewer and water to the area is a clearly identifiable event that
will trigger the termination of the IUP.
e. The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
The applicant is proposing to utilize existing facilities and no new structures or
modifications are proposed for the site that would impose additional costs on the public,
were it to become necessary for the public to take the property in the future.
f. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
Failure to agree to or violation of any of the conditions of approval will result in the
revocation of the IUP.
6. The planning report #2021-02 dated June 15, 2021, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council deny the amendment to the interim use
permit condition removing Condition 9. Driving range nets shall comply with previous
recommendations from the DNR, including the condition that the nets be 4½ feet off of the ground
and direct the applicant to install the netting.
ADOPTED by the Chanhassen Planning Commission this 15th day of June, 2021.
CHANHASSEN PLANNING COMMISSION
BY:
Steven Weick, Chairman
CAMPBELL KNUTSON
PROFESSIONAL * ASSOCIATION
February 9, 2021
Roger N. Knutson Ms. Jean StecklingElliottB. Knetsch
Joel J.Jamnik City of Chanhassen
Andrea McDowell Poehler 7700 Market Boulevard
Soren M.Mattick P.O. Box 147
David S. Kendall Chanhassen, MN 55317
Henry A.Schaeffer,Ill
Alina Schwartz
Shana N. Conklin Re: Miscellaneous Recordings
James J.Monge,III
Jerome M. Porter Dear Ms. Steckling:Leah C.M. Koch
Meagan K. Kelley
Please find enclosed, for the City's files, the following documents which have been
Thomas J. Campbell*erecorded with Carver County:
Retired
1.Interim Use Permit 2021-03 recorded February 3, 2021 as document number
A716938;
2.Interim Use Permit 2021-02 recorded February 5, 2021 as document number
A717108;
3.Variance 2021-07 recorded February 2,2021 as document number T217799;
4.Variance 2021-06 recorded February 2, 2021 as document number A716771;
5.Variance 2021-05 recorded January 20, 2021 as document number T217577;
6.Variance 2021-01 recorded January 20, 2021 as document number A715721.
Thank you.
Very truly yours,
CITY OF CHANHASSEN
CAMPBELL KNUTSON RECEIVED
Professional Association
FEB 1 2 2021
11101
CHANHASSEN PLANN ING DEFT
Jean •Ison,1e.. Ass' • t
ijmo
Enclosures
200786v5
Document Number:A717108
Filed and/or Recorded on
Feb 5, 2021 12:24 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy KL
Document Recording Fees 46.00
Document Total 46.00
Requesting Party: City of Chanhassen
Pages: 4
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT#2021-02
1. Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen
hereby grants an Interim Use Permit for the operation of a golf driving range.
2. Property. The permit is for the following described property("subject property")in
the City of Chanhassen,Carver County,Minnesota:
The East half of the Southeast Quarter(E '/2 of SE 'A)of Section 35,Township 116 North of
Range 23 West, excepting therefrom one half('/2)acre in the Northeast Corner,being all that part
lying North of the Chaska and Shakopee Road,also the North 26 acres of the Northwest Quarter
of the Southeast Quarter(N 26 A of NW 'A of SE 'A)of Section 35, Township 116,Range 23,
containing in all 105.50 acres; also excepting therefrom the following described parcel of land,
to-wit: Commencing at a point in center line East and West of Section 35,Township 116 North,
Range 23 West which point bears West 30 rods from the Northeast corner of the Northwest
Quarter of the Southeast Quarter of said Section 35,thence West 50 rods to the Quarter post,
thence South on the Quarter line 40 rods to the Shakopee Road,thence Northeasterly along said
road to place of beginning situated in the Northwest Quarter of the Southeast Quarter of Section
35,Township 116,Range 23 and containing 6 acres of land less the amount sold to the State of
Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the
State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed
dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for
Carver County,Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33
of Deeds on page 5; also: Excepting therefrom a parcel of land sold to the State of Minnesota for
Trunk Highway purposes and described in that certain Warranty Deed dated January 28, 1924
and filed for record in the office of the Register of Deeds in and for Carver County,Minnesota
on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6.
3. Conditions. The permit is issued subject to the following conditions:
1
1) This Interim Use Permit will terminate 12 months after the parcels to the north across
Flying Cloud Drive, 850 Flying Cloud Drive and 780 Flying Cloud Drive, connect to city
sewer.
2) Prior to resuming operations, the property owner must schedule an inspection of the
property to verify that the property meets building, accessibility, and property
maintenance codes. The property owner must provide the inspector access to the interior
and exterior areas of the property. All health and safety items noted during the inspection
must be corrected prior to reopening, and any remaining items will need to be addressed
by the dates noted on any compliance letters that result from the inspection.
3) Property owner must provide evidence that a septic compliance inspection took place at
the time of sale. This evidence must show that requirements of Carver County Ordinance
Section 52.199 were followed at the time of property transfer. If no septic compliance
inspection occurred, a compliance inspection must be conducted and any deficiencies
correct.
4) Prior to resuming operations, a fire inspection must be conducted. All health and safety
items noted during the inspection must be corrected prior to reopening, and any
remaining items will need to be addressed by the dates noted on any compliance letters
that result from the inspection.
5) No development, grading, or expansion of the site is permitted beyond what was
approved under Interim Use Permit 98-2, Conditional Use Permit 98-2,Wetland
Alteration Permit 98-1, and Site Plan 98-8,as restated and amended.
6) The applicant must improve the existing rain garden within the swale on the north and
west side of the addition. Improvements should include plantings such as trees, shrubs,
and perennials. A landscape plan should be submitted to the city for approval. Minor
grading may also be necessary to ensure the rain garden functions properly.
7) A minimum of 45 landscape trees (all existing trees)must be maintained within the
developed area(from back of building north up to right-of-way).
8) Six over-story,deciduous trees must be planted around the parking lot.
9) Driving range nets complying with pervious recommendations from the DNR shall be
installed by June 14,2021. A$2,500 escrow shall be provided to ensure that the nets are
installed and that all stray golf balls are collected from the floodplain.
10)A pesticide and fertilizer maintenance program shall be submitted to the city by April 1
of each year. Storage of all chemicals shall be outside of the floodplain.
11)The property owner shall be responsible for maintenance of the storm drainage
improvements(ponds and ditches). Failure to properly maintain the storm drainage
2
improvement shall give the city the right to hire out the work and bill the applicant and/or
revoke the Interim Use Permit.
12)The building must be painted in earth tones.
13)The property owner shall submit an access permit application to Carver County Public
Works.
14)Permits must be obtained for the construction of, alteration of, or occupancy use changes
to any buildings on the site.
15)Any further site development or land alterations that occur within the floodplain or near
the wetland may require additional approvals or permitting. Any change to the site must
be approved and properly permitted.
16)The property owner shall apply for and obtain permits from the appropriate regulatory
agencies, as necessary,i.e. City of Chanhassen, Carver County,Lower Minnesota River
Watershed District,Minnesota Pollution Control Agency,Minnesota Department of
Natural Resources,and Army Corps of Engineers and Minnesota Department of
Transportation and comply with their conditions of approval.
4. Termination of Permit. The city may revoke the permit following a public hearing
for the following:
1) Violation of the conditions under which the permit was issued.
2) Upon change in the city's zoning regulations which renders the use nonconforming.
3) Upon the subdivision of the property or the alteration of the lot lines of the property.
4) The interim use is discontinued for six months.
5) City sewer is extend to the parcels to the north as described in Condition 1.
5. Lapse. 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 Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
3
Dated: January 25, 2021
CITY OF CHANHASSEN
Elise Ryan, Mayor
lj'Q e Heather Johnston, terim City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
51dayTheforegoinginstrumentwasacknowledgedbeforemethis of el Lre_ar ,,
2021,by Elise Ryan,Mayor,and Heather Johnston,Interim City Manager,of the City of Chanhasn,
a Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by
its City Council.
otary Publi
DRAFTED BY:
City of Chanhassen KIM T. MEUWISSEN
7700 Market Boulevard ls, NotaryPublic-MinnesotaessicriExpiresn31,2025
P.O. Box 147
Chanhassen, MN 55317
952)227-1100
4
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division —7700 Market Boulevard CITY OF C}IANI{ASSNMailingAddress—P.O. Box 147, Chanhassen, MN 55317 00Phone: (952) 227-1100/ Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: PC Date: tel 11,D I CC Date:Ll I L( l 2-1 60-Day Review Date:
Section 1: Application Type (check all that apply)
Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Comprehensive Plan Amendment 600 LI Subdivision (SUB)
Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300
Create over 3 lots 600 +$15 per lot
Conditional Use Permit(CUP)lots)
Single-Family Residence 325 Metes&Bounds(2 lots) 300
All Others 425 Consolidate Lots 150
Interim Use Permit(IUP)
Lot Line Adjustment 150
jil- Final Plat 700
In conjunction with Single-Family Residence..$325
All Others 425
Includes$450 escrow for attorney costs)*
Additional escrow may be required for other applications
through the development contract.
Rezoning (REZ)
Planned Unit Development(PUD) 750 Vacation of Easements/Right-of-way (VAC) $300
Minor Amendment to existing PUD 100 Additional recording fees may apply)
All Others 500
Variance (VAR) 200
Sign Plan Review 150
Wetland Alteration Permit(WAP)
Site Plan Review(SPR) Single-Family Residence 150
Administrative 100 All Others 275
Commercial/Industrial Districts* 500
Plus$10 per 1,000 square feet of building area: Zoning Appeal 100
thousand square feet)
Zoning Ordinance Amendment(ZOA) 500
Include number of existing employees:
Include number of new employees:
Residential Districts 500 NOTE: When multiple applications are processed concurrently,
Plus$5 per dwelling unit (units)
the appropriate fee shall be charged for each application.
Notification Sign (city to install and remove) 200
Property Owners' List within 500' (City to generate after pre-application meeting)3 per address
addresses)
Escrow for Recording Documents(check all that apply)50 per document
Conditional Use Permit Interim Use Permit Site Plan Agreement
Vacation Variance Wetland Alteration Permit
Metes& Bounds Subdivision (3 docs.)Easements( easements) Deeds
TOTAL FEE:
Section 2: Required Information
Description of Proposal: Amend iup conditions
Property Address or Location: 825 Flying cloud dr. Chaska, MN 55318
Parcel#:Legal Description: east half of southeast quarter of section35
Total Acreage:98.10 Wetlands Present? WI Yes No
Present Zoning: Agricultural Estate District(A2) 0 Requested Zoning: Select One
Present Land Use Designation: Agriculture 0 Requested Land Use Designation: Agriculture 0
Existing Use of Property: Driving Range
OCheck box if separate narrative is attached. SCANNED
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email:Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees,feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name:
Brian Colvin Contact:
Address: 14870 maple trail se Phone:
City/State/Zip:prior lake, MN 55372 Cell: 651)558-7882
Email: golfzone24@gmail.com Fax:
Signature: C Date: 5/25/20
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER(if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email:Fax:
Section 4: Notification Information
Who should receive copies of staff reports? Other Contact Information:
Property Owner Via: ,fg Email Mailed Paper Copy Name:
Applicant Via: Email Mailed Paper Copy Address:
Engineer Via: Email Mailed Paper Copy City/State/Zip:
Other* Via: Email Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.SAVE FORM PRINT FORM SUBMIT FORM
Golf Zone is asking to amend the request of netting at the back of its driving range and operate
as they have for the last 60 days. The netting is asked to be put up at 230 yards to stop balls
from entering the wetlands, which start at 400 yards away. We have had over 6000 golfers hit
over an estimated 10 million balls in the last 60 days and 100% have not exceeded 300 yards.
Many facts will explain why hitting over the 300 yard mark doesn't happen. The average golfer
who hits his driver, which is the longest club in the golf bag averages a 208 yard carry which will
have a total distance of 222 yards versus a PGA tour player who has a 275 yd carry and a 305
yd total, (facts taking from Trackman Technologies) therefore either player would not be able to
make it to the wetlands from the hitting area. Also, the use of driving range balls which are only a
one piece ball that has less dimples and inner core which travels 5-10 yards less versus a real
golf ball that is a four or five piece ball and when hit in colder temperatures has a one yard loss
for every ten degrees in change, which means during our winter hours our range balls are travel
an additional 4-7 yards less, making it impossible to reach the wetland area. Furthemore, balls
are 100% clean picked on a daily basis by machine and hand. We have two machines picking
and 5-6 employees walking the range with ball pluggers to pick what the machine can not. In
addition, this business had operated for 10 years without the use of nets and when the site visit
was conducted in 2020, they were unable to find one single ball. This was stated in the Jan 5
planning commission minutes when the site visit was completed in the fall of 2020 by city staff
members, to which they stated:
o "We looked around for golf balls to see if any were still lying around and couldn't
find any."
o "The wetland boundary is located well off where most people are capable of
hitting the golf ball."
Finally, As an avid outdoorsman and for the concern of the wildlife, if I had any evidence proving
that the range balls would invade the wetland area and prove to be detrimental to our wildlife, the
Golf Zone would not contest the need for nets.
CITV OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
( ss.
COI.JNTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
June 3, 2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice of a Public Hearing to
consider a request for an imendment to the Interim Use Permit to remove the condition
requiring the installation of driving range nets on property located at 825 Flying Cloud
Drive (Golf Zone), zoned Agricultural Estate District (A2), Planning Case No. 2021-02' to
the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the
United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records ofthe County Treasurer, Carver County,
Minnesota, and by other appropriate records.
Kim uwlssen.Deputy lerk
Su
thi
m to before me
(Seal)
bscribed and
*:lr-J auy o 2021.
Notary Public
JAfl M
This map as neith€r a legally Ecorded map nor a suNey and is not inEnded lo be used
as one. This map is a corndhtion of Ecords. intormaton and datra located in varDus cily,
(r)unty, state and federal ofices and olh€r sources reoading the area 3horn, and is to
be us€d for reElence purpos€s only. The City does not vrarant that the Geographic
hformation System (GlS) Oata used to prepae d s map are eno.lree, and the City does
not Epresenl that the GIS Data cln be used for navigatoml, tracking o. any other
puQoge requidno exacljng [leasuGment of dbliance or di€ction or precisioo in the
dericlion ol g€ooraphic Gatures. The precedino disdaimer b povided pursuant to
Minnesota StaMes y66.03, Subd 21 (2000), and lhe user ol this map acloot{edg€s
that lhe city shall not be liaue tor any damag6, and ergl€gtly weives all daims. and
aqrces to deEnd. indemnify, and hoid haml$s the City lrom any ard all cJaams brought
by Use.. rts employees or aoen$, or thad panies which arige out of the use/s access or
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This map i5 neither a leoally recoftled map nor a survey and is not inten(hd to be w€d
as one. This map ia a compilation of .ecord3, anfonnalion and data located in various cjty
county, gtate and €deral ofices and other soorces regading the area 3hown, and i9 to
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lnbmation Systom (GlS) Data used to p.epare this map a.e enor free. and tne Crty does
not leprese.lt th€t the GIS Oata can be used for navigational. tacLng oa any olher
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tlat the City shall nol be liable fo. any damag€s, and erpE3sly saives all daims, and
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PLANNING COMMISSION STAFF
REPORT
Tuesday, June 15, 2021
Subject Approve Planning Commission Minutes dated June 1, 2021
Section APPROVAL OF MINUTES Item No: C.1.
Prepared By Jean Steckling, Senior Admin. Support
Specialist
File No:
PROPOSED MOTION:
The Chanhassen Planning Commission recommends approval of the minutes from its June 1, 2021 meeting.
ATTACHMENTS:
Planning Commission Minutes dated June 1, 2021
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
TUESDAY, JUNE 1, 2021
CALL TO ORDER:
Chairman Weick called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Steven Weick, Laura Skistad, Eric Noyes, Mark von Oven, Doug
Reeder, and Kelsey Alto.
MEMBERS ABSENT: Erik Johnson.
STAFF PRESENT: Kate Aanenson, Community Development Director; Laurie Hokkanen, City
Manager; and Elise Ryan, Mayor.
PUBLIC PRESENT: None.
Chairman Weick reviewed guidelines for conducting the virtual Planning Commission meeting.
PUBLIC HEARING:
CONSIDER A REQUEST TO CONSIDER AN AMENDMENT TO CHAPTER 20,
ZONING, CONCERNING MOBILE FOOD VENDING (FOOD TRUCKS)
Community Development Director Aanenson presented the staff report on this item, noting the
city is proposing a food truck in all zoning districts; this is a change from how they are currently
operated under a special event permit which limits the number of days food trucks can be used.
The item went before the City Council and staff put together an ordinance, took it to the
Economic Development Commission (EDC), and an ad was put in the newspaper with feedback
received from the public, particularly restaurant owners concerned about the timing, however,
there was also support for the use itself. This would allow a food truck on private property. For
example, if someone was having a birthday party or a graduation party, they could park the food
truck in their driveway with standards outlined in the proposed draft ordinance. Special Event
Permits will remain the same, but the food truck ordinance will allow food trucks more
opportunities to be in the city without the requirement of a Special Event Permit. A property
owner would be able to request a food truck come to their property, such as for an employee
appreciation day.
Chairman Weick noted food trucks are not restricted but they must have Department of Health
licenses/permits and things like that.
Ms. Aanenson replied yes there are regulations such as their own licensing, their own insurance,
and the like.
Chairman Weick asked to clarify item I) the vendor location shall be located on an impervious
surface unless circumstances prohibit the operation to be located on a pervious surface.
Planning Commission Minutes – June 1, 2021
2
Ms. Aanenson stated this is something they should do some wordsmithing on. The intent is that
if the truck is parked on a hard surface rather than grass, especially if it is part of the public
property, landscaping, etc.
Commissioner Noyes thinks the concept of having food trucks in the city is great. It provides
opportunities and variety. His one concern is more related to timing as they are coming out of the
pandemic and there are a lot of great restaurants in the city that have struggled through closures
and shutdowns. He is worried if this is passed and effective immediately that there will be food
trucks that are very well established coming in and winning business, and wonders if a delay
would allow Chanhassen-based restaurants to consider and determine whether they ultimately
want to get into the food truck business, as well.
Ms. Aanenson noted staff also had those concerns which is why they went to the EDC, noticed
all businesses in town with a flyer, and put a publication in the paper as they wanted the input.
There were some comments with the same concern. Ms. Aanenson noted if one is a tenant rather
than a landlord, it would be incumbent that the landlord would have to give permission and if
some of the tenants do not want that competition, it would temper the issue somewhat. Tenants
(in a strip mall, for example) have the ability to say they do not want that direct competition.
Mr. Noyes wondered if they can focus on somewhat of a “preferred vendor” list. If one wanted a
food truck in the next six months, Chanhassen-based businesses may be called first. After a
certain date, entities outside of Chanhassen would have access to a similar set of opportunities.
Commissioner Skistad was really pleased at the way the city went forward as many of the lists
were barriers to business. It typically costs $28,000 to enter into business in fees. She would like
to be part of the group that encourages this and encourages variety, because in looking at a food
truck one is looking for something unique and special to bring in for a one-time event. She noted
they do not want to cause barriers for those interested in a one-time event.
Commissioner von Oven asked if there is a threshold that determines when something goes from
just having a food truck to a special event with 10 food trucks.
Ms. Aanenson replied that this would be regulated by the parking being taken up when the food
truck is there. If they are blocking traffic or there is not enough parking, the city would come out
and tell them that is too much. She believes they could anticipate accommodating two food
trucks at a time; if it was for a private business as opposed to a commercial site where there may
be additional parking that will probably be the driver.
Commissioner Reeder has lived in a lot of places where the ice cream truck would come around
and his kids would beg for ice cream. He asked if those are still allowed.
Ms. Aanenson stated no. These trucks would be stationary and are not allowed to be serviced on
public streets or city parking lots.
Planning Commission Minutes – June 1, 2021
3
Commissioner Alto said to Commissioner Skistad’s point, for established food trucks in the city
she would not think she is going to a Chanhassen restaurant versus a food truck – if she is going
to a food truck it is because she wanted to go to the food truck, even if it is parked in
Minneapolis. It would allow people from other communities to come to Chanhassen because it is
parked here for the day.
Ms. Aanenson noted that was also a thought. If a food truck comes out and finds enough interest
and a market in Chanhassen, they may want to open up a permanent store. The city is hoping this
happens.
Chairman Weick opened the public hearing. There being no one to speak to this issue, Chairman
Weick closed the public hearing.
Commissioner Alto moved, Commissioner von Oven seconded, that the Chanhassen
Planning Commission recommend the City Council adopt the Mobile Food Vending (Food
Truck) ordinance with the modification regarding impervious surface.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
This item will go before the City Council on June 14, 2021.
APPROVAL OF MINUTES:
APPROVAL OF PLANNING COMMISSION MINUTES DATED MAY 18, 2021.
Commissioner Noyes noted the summary Minutes of the Planning Commission meeting
dated May 18, 2021, as presented.
Ms. Aanenson stated there is a meeting scheduled on June 15 and they were going to have a
subdivision during that meeting but the applicant has asked it be moved. They typically do not
have a meeting around July 5 because it is difficult to get a quorum; this item is moved to
July 20, 2021. She clarified there are three items on the agenda for June 15, 2021.
ADMINISTRATIVE PRESENTATIONS:
1. CITY MANAGER & MAYOR / STRATEGIC PLAN
Mayor Ryan said on behalf of the City Council, they really appreciate the Commissioners’
service to Chanhassen and the amount of time, effort, and review that goes into their decisions
and recommendations. She outlined the 2021-2024 Strategic Plan, noting they hired a consultant,
the Council and staff did a questionnaire, performed a SWOT analysis and compiled all the
information. City Council and department heads got together on a two-day retreat and talked
about what was important for the community and worked together to put together a mission,
values, and vision. This provides a roadmap for moving forward with the strategic plan. It is a
living document and will continue to evolve over the years.
Planning Commission Minutes – June 1, 2021
4
City Manager Hokkanen gave a presentation to the Commission. She walked them through the
city’s mission, vision, and values, including being a Community for Life. They are looking for a
Communications Manager to be dedicated to telling Chanhassen’s story, and also engaging and
informing the community. The strategic plan summary is as follows:
1. Financial Sustainability
2. Asset Management
3. Development and Redevelopment
4. Operational Excellence
5. Communications
Specifically, Ms. Hokkanen spoke about development and redevelopment, noting especially as
there is not a lot of green field development, redevelopment is important to keep people in
Chanhassen, to have amenities they want, and how to redevelop in keeping with the vision of the
city. She spoke about the value having new innovative places and spaces. Staff is working on a
website using a third-party software (Envisio) that will help make this really understandable for
business owners, the public, and anyone interested in following along in the project.
Chairman Weick asked how the strategic plan intertwines with the Comprehensive Plan. Do they
work together or in parallel?
Mayor Ryan replied they work in parallel as they are different documents. This incorporates the
Comprehensive Plan and goes along the same line. She stated when something comes before the
Commission, the department heads have started to align or layout the strategic priority they are
talking about when introducing a concept as they want to make that connection every time.
Commissioner Noyes said as new projects are brought to the city, with terms like diversity and
innovation, will they be “scored” at the beginning of the process or will that come into the
Planning Commission and City Council further down the process? Will it remain relatively
similar as it has been so far?
Ms. Aanenson replied the challenge will be if a project is asking for assistance from the city. The
city will ask “is this innovative?” or “what are we getting out of this project?” Depending on the
project, they always encourage lead-certified projects, green-built things, and that is what they
would be looking for innovation-wise. They may also work with the EDC for some assistance to
help get those diversity projects. They may also work through creative stormwater management,
and other types of environmental or preservation things.
Commissioner Noyes asked if those would be criteria to reject a project.
Ms. Aanenson said that would be something they would have to put in the ordinance; as they
move along and work through the process that may be something the Commission recommends
to the Council.
Ms. Hokkanen noted it may depend on what level of discretion they are talking about. If it is
straight zoning that meets Code then the Strategic Plan will be a factor but much smaller. She
Planning Commission Minutes – June 1, 2021
5
said they are sort of setting a new stage or signaling that they are really open to things. Cities
have reputations and developers know that if they have a plan that does not meet Code, they will
not even approach certain cities. She clarified that is what she means by saying they are signaling
that if there is an innovative idea, the Planning Commission, City Council, Mayor, and staff want
to hear about it. It may not work in the end but they will work hard to explore it.
Commissioner von Oven thinks the reason strategic plans are written and then die are because
someone thinks it is someone else’s job to make it come to life. The fact that Mayor Ryan and
Ms. Hokkanen are here sharing it lets him know the Planning Commission has a role to play.
Chairman Weick noted there are some pretty specific targets in the plan and asked if they
envision staff or Councilmembers will own certain areas so they are talking about those targets.
Ms. Hokkanen replied each strategic initiative will have a staff owner and when they roll out the
Envisio software, it is a color-coded system which will help them to understand delays or if
criteria are not being met.
Mayor Ryan said having this plan will allow the Council to focus on the bigger picture, strategic
objectives where department heads are executing on those objectives with specific tasks and day-
to-day operations of the city.
Commissioner Skistad asked what is meant by public/private partnerships and if they could
expand on that.
Ms. Hokkanen replied the city does not have the resources, capacity, or even the interest in doing
a lot of the things they would be interested in seeing happen on their own. She said they ask what
are the resources the city can bring to the table? Perhaps financial incentives such as tax
increment funding (TIF) or speed of processing. They recognize they will not bring everything to
the table but they would at least like to talk about whether a partnership is possible.
Mayor Ryan agreed it is really opening the door for those conversations. That is what they are
trying to communicate to developers and residents; that the city is ready and willing to listen to
ideas and opportunities.
Commissioner Skistad stated there are businesses that will not come to Chanhassen because
there is a barrier of entry for the smaller businesses. She asked if they are opening it up to those
businesses that might be interested so they can understand those barriers.
Ms. Hokkanen replied, yes, she thinks they would all like to hear about what those barriers are;
perhaps after investigation they will see the reason why certain rules are in place or they may
find that things have changed since a rule was put in place 20 years ago.
Commissioner Reeder asked about diversity in new development and what that means.
Ms. Hokkanen said in this iteration of the plan, it speaks to the type of development. Town
homes, single-family homes, affordable homes, million dollar homes, office projects,
Planning Commission Minutes – June 1, 2021
6
retail…they do not ever want to find themselves only doing one type of development. They pride
themselves on being a well-rounded community where everything one needs is within the
boundary and they are committed to making space for all of the developments listed.
Commissioner Reeder asked if all of the development coming into the city was high-priced; does
that mean they would try to change that?
Ms. Hokkanen does not know about “change” but it would help them be aware of it. She pointed
out Item 2 where they talk about private/public partnerships and working with the Community
Development Agency (CDA); implied is that they will actively work to make sure they do not
just build $1,500,000 homes from here on out. She noted they did not get into that level of detail
with targets around what the development would look like.
Commissioner Noyes asked, as this is a living document, if they see those details becoming part
of this and will get more specific on some of those targets? Or will it stay fairly high-level?
Ms. Hokkanen said in her experience they get more specific over time as things are
accomplished and they become familiar with what the goals are. Some of it will depend on
progress made, continuity in the Council, things that come up that are not expected, etc.
Mayor Ryan stated it depends on the five strategic priorities as they were based on the current
Council and staff. They will look at those objectives on a regular basis and things could change
as priorities and staff change – the document will continue to evolve.
Commissioner Skistad noted in the last year with delivery trucks, the roads are getting quite beat
up. She asked how they will deal with that in regards to stewardship.
Ms. Hokkanen noted that is a priority they have known about – infrastructure and roads in
particular - are in need of maintenance. A big part of this plan is developing a long-term funding
plan for the entire infrastructure including roads, which are a big priority. This Council has said
they need to have a long-term funding strategy; historically the city has had a focus on being as
fiscally conservative as possible and looking 1-2 years out at what the most pressing needs are
and spending as little money as possible has frequently been a number one driver. She stated that
has been a valid approach but where they are at right now, they want to look 5-10 or 15-20 years
on the horizon and look at the needs and the level of service they want to pay for and fund so
they can hold themselves accountable. In the next 12-18 months they will work on the proper
level of service, what is the target, and how fast are they willing or want to get there?
Mayor Ryan said, to be very blunt, people are ready to start investing in the city again. Whether
infrastructure or facilities, a component of the strategic plan is a long-term financial plan so they
are not just planning 1-2 years out but have a better understanding of the most urgent and
pressing needs but also what investment in some of the amenities or facilities would need. They
are planning to start reinvesting in the City of Chanhassen as it puts them on a path to success in
the long term.
Planning Commission Minutes – June 1, 2021
7
CITY COUNCIL ACTION UPDATE:
Ms. Aanenson updated the Commission that grading will be starting on the Avienda site and
there was a ground-breaking of the senior housing project (Lakes at Chanhassen).
ADJOURNMENT:
Commissioner von Oven moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 6 to 0. The Planning Commission meeting was
adjourned at 8:03 p.m.
Submitted by Kate Aanenson
Community Development Director