12-07-21 Agenda and Packet
A.7:00 P.M. - CALL TO ORDER
B.PUBLIC HEARINGS
B.1 Consider a Request for Setback and Hard Cover Variances to Reconstruct Existing Drive-
Through to Full Dual Lane Drive-Through and Install Free-Standing Canopies Over Ordering
Areas and Pick-Up Window on Property Located at 445 W. 79th Street (Chick-fil-A)
B.2 Consider a Request to Amend City Code Pertaining to Private Kennel Licensing
C.APPROVAL OF MINUTES
C.1 Approve Planning Commission Meeting Minutes dated November 16, 2021
D.ADMINISTRATIVE PRESENTATIONS
D.1 City Council Action Update
E.ADJOURNMENT
AGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, DECEMBER 7, 2021
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by-laws. 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 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.
1
Planning Commission Item
December 7, 2021
Item
Consider a Request for Setback and Hard Cover Variances to Reconstruct
Existing Drive-Through to Full Dual Lane Drive-Through and Install Free-
Standing Canopies Over Ordering Areas and Pick-Up Window on Property
Located at 445 W. 79th Street (Chick-fil-A)
File No.Planning Case No. 2021-26 Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By Bob Generous, Senior Planner
Applicant
Chick-fil-A, Inc.
5200 Buffington Road
Atlanta, GA 30349
Present Zoning Highway and Business Services District (BH)
Land Use Commercial
Acerage 1.33
Density
Applicable
Regulations
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XVII, “BH”, Business and Highway Services District
SUGGESTED ACTION
The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves
the 11.6-foot setback variance for the canopy setback and a 15.3 percent hard cover variance for the
dual drive-through lanes on property located at 445 W. 79th Street, subject to the conditions of
approval,
and
Adopts of the Findings of Fact and Decision.
2
SUMMARY
The applicant is requesting an 11.6-foot setback variance from the required 25-foot setback to permit
the construction of free-standing canopies over the ordering area 13.4 feet from the property line, and a
15.3 percent hard cover variance from the 65 percent hard cover limitation to allow 80.3 percent hard
cover to facilitate dual drive-through lanes.
BACKGROUND
On May 9, 2016, the Chanhassen City Council approved the site plan for a 4,775-square foot, one-story
building with a drive-through and a variance for hard cover (Planning Case #2016-08). The previous
development had a hard cover of 81.9 percent. The proposed development received a variance to have a
hard cover of 77.5 percent. The applicant had originally proposed a dual lane drive-through entry, but it
was revised to one lane to add additional pervious area. This change reduced drive-through efficiency
and minimally improved hard cover since a patio area was added in that location.
DISCUSSION
The applicant is requesting a number of variances to facilitate the construction of a full dual lane drive-
through along with the erection of free-standing canopies at drive-through order points and at the pick-
up window. The full dual lane drive-through is being proposed by the applicant in order to respond to
market demands particular to quick service restaurants (fast food restaurants) for fulfilling meal orders.
The applicant’s explanation of operations of a full dual lane drive-through will allow them to deliver
completed orders to two cars at one time (i.e. a full service two lane drive-through) which will help
mitigate on-site and off-site queuing compared to their existing drive-through configuration of a single
queue lane, dual order lanes, and a single pick-up lane. The City has received traffic concerns from the
public related to the peak hour operation of the site due to the existing queue lengths limiting traffic
circulation internally and occasionally extending into public right-of-way. Staff agrees that the addition
of the full dual lane drive-through will help mitigate or possibly reduce traffic circulation conflicts by
allowing more vehicles to stack/queue within the full dual lane drive-through configuration. The
installation of the dual lanes, however, increases site coverage; and the installation of the canopy over
the ordering area encroaches into the structure setback, but the drive-through lane is permitted in that
location.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve
the 11.6-foot setback variance for the canopy setback and a 15.3 percent hard cover variance, subject to
the conditions in the attached staff report, and adopt the attached Findings of Fact and Decision, which
includes the conditions of approval.
ATTACHMENTS
Staff Report
Findings of Fact and Decision
Development Review Application
3
Narrative
Chanhassen Operations Letter
BZA Findings
Site Plan
Grading Plan
Landscape Plan
MNDOT Letter
Affidavit of Mailing
4
CITY OF CHANHASSEN
PC DATE: December 7, 2022
CC DATE: January 10, 2022 (if necessary)
REVIEW DEADLINE: January 4, 2022
CASE #: 2021-26
BY: RG, EH, DN, JS
SUMMARY OF REQUEST: Consider a request for setback and hard cover variances to
reconstruct the existing drive-through to a full dual lane drive-through and install freestanding
canopies over the ordering areas and pick-up window.
LOCATION:445 W. 79th Street (Chick-fil-A)
APPLICANT:Jeff Killingsworth
Chick-fil-A, Inc.
5200 Buffington Road
Atlanta, GA 30349
Jeff.Killingsworth@cfacorp.com
PROPERTY OWNER: ATT Shops LLC
25106 Shaver Lake Circle
Lake Forest, CA 92630
PRESENT ZONING:Zoned Highway and Business Services District (BH)
2020 LAND USE PLAN:Commercial
ACREAGE:1.32 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.
PROPOSED MOTION:
“The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves
the 11.6 foot setback variance for the canopy setback and a 15.3 percent hard cover variance for
the dual drive-through lanes on property located at 445 W. 79th Street, subject to the conditions
of approval,
and
Adopts of the Findings of Fact and Decision.”
5
445 W. 79th Street (Chick-fil-A) Request for Variances
December 7, 2021
Page 2
PROPOSAL/SUMMARY
The applicant is requesting an 11.6 foot setback variance from the required 25 foot setback to
permit the construction of a free-standing canopy over the ordering area 13.4 feet from the
property line and a 15.3 percent hard cover variance from the 65 percent hard cover limitation to
allow 80.3 percent hard cover to facilitate dual drive-through lanes.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XVII, “BH”, Business and Highway Services District
BACKGROUND
On May 9, 2016, the Chanhassen City Council approved the site plan for a 4,775-square foot, one-
story building with a drive-through and a variance for hard cover (Planning Case #2016-08). The
previous development had a hard cover of 81.9 percent. The proposed development received a
variance to have a hard cover of 77.5 percent. The applicant had originally proposed a dual lane
drive-through entry, but it was revised to one lane to add additional pervious area. This change
reduced drive-through efficiency and minimally improved hard cover since a patio area was added
in that location.
The City sold the easterly portion of Lot 2, Block 1, Zamor Addition, to Chick-fil-A to be combined
with the property on January 11, 2016.
The City approved a 10,000-square foot, one-story, multi-tenant retail building, called the Highway
5 Centre, on July 22, 1996 on a 1.06-acre site, SPR#96-03.
The site was previously occupied by the Prairie House Restaurant Building. The building was
demolished between April 3-10, 1996 to prepare the site for future development.
6
445 W. 79th Street (Chick-fil-A) Request for Variances
December 7, 2021
Page 3
SITE CONSTRAINTS
The site is zoned Highway Business District (BH) and is bordered by West 79th Street to the
north, Highway 5 to the south, the Holiday Service Station and Great Plains Boulevard to the
east, and Panera Bread to the west. Access is via two driveways off West 79
th Street. The
westerly access to the property is a joint driveway with the Panera Bread restaurant. Normally,
this area would serve as a perimeter buffer and landscape area which would help in reducing
hard cover. However since this serves as access to the property to the west, it cannot be utilized
for pervious surface.
Bluff Creek Corridor
This parcel 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 federally designated floodplain.
Shoreland Management
The property is not located within a shoreland protection district.
Wetland Protection
There is not a wetland located on the site.
Variances within 500 feet:
590 W. 79th Street, a variance to permit the addition of 946 square feet of hardcover to permit 73
percent hardcover, #2019-08.
ANALYSIS
The applicant is proposing to reconfigure the drive-through to provide two lanes for ordering and
pick up of food.
7
445 W. 79th Street (Chick-fil-A) Request for Variances
December 7, 2021
Page 4
Reconfigured Drive-Through
Prototype Canopy
8
445 W. 79th Street (Chick-fil-A) Request for Variances
December 7, 2021
Page 5
Engineering
The Engineering Department has reviewed the variance submittal for 445 W. 79th Street (Chick-
fil-A). These comments are divided into two categories: General Comments and Proposed
Conditions. General Comments are informational points to guide the applicant in the proper
planning of public works infrastructure for this project and to inform the applicant of possible
extraordinary issues and/or to provide the basis for findings. Proposed Conditions are
requirements that Engineering recommends be formally imposed on the application in the final
order. Note that references to the “City Standards” herein refer to the City of Chanhassen
Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all utility and transportation plans submitted with this application have been
reviewed only for the purpose of determining the feasibility of providing utility and
transportation facilities for the project. A recommendation of variance approval does not
constitute final approval of details, including but not limited to alignments, materials and
points of access, utility connections or discharge, that are depicted or suggested in the
application. The applicant is required to submit detailed construction drawings for the
project, as applicable. The City of Chanhassen Engineering and Public Works
Departments will review plans, in detail, when they are submitted and approve, reject or
require modifications to the plans or drawings based upon conformance with City
Standards, the Chanhassen Code of Ordinances and the professional engineering
judgment of the City Engineer.
2. It is the opinion of the Engineering Department that the proposed variances can be
developed in accordance with the requirements of the Chanhassen Code of Ordinances
(as it pertains to Engineering and Public Works requirements) and City Standards,
provided it fully addresses the comments and conditions contained herein, and can be
approved.
3. The applicant is requesting a number of variances to facilitate the construction of a full
dual lane drive-through along with the erection of free-standing canopies at drive-through
order points and at the pick-up window. The full dual lane drive-through is being
proposed by the applicant in order to respond to market demands particular to quick
service restaurants (fast food restaurants) for fulfilling meal orders. The applicant’s
explanation of operations of a full dual lane drive-through will allow them to deliver
completed orders to two cars at one time (i.e. a full service two lane drive-through) which
will help mitigate on-site and off-site queuing compared to their existing drive-through
configuration of a single queue lane, dual order lanes, and a single pick-up lane. The City
has received traffic concerns from the public related to the peak hour operation of the site
due to the existing queue lengths limiting traffic circulation internally and occasionally
extending into public right-of-way. Staff agrees that the addition of the full dual lane
drive-through will help mitigate or possibly reduce traffic circulation conflicts by
allowing more vehicles to stack/queue within the full dual lane drive-through
configuration. The area where the dual lane drive-through is proposed to be expanded,
particularly along the east property line, will encroach into public drainage and utility
9
445 W. 79th Street (Chick-fil-A) Request for Variances
December 7, 2021
Page 6
easements (DUE) and will require a retaining wall. Any retaining wall measured from
the bottom of the footing to the top of the wall that is greater than four feet in height must
be designed by a registered engineer and be in conformance with Sec. 20-1025 of City
Ordinance. Currently there are no public utilities within the DUE being encroached upon,
and there are no plans in the foreseeable future to utilize said easement for use of public
utilities. However, there are private utilities within the easement that the applicant will
be responsible to coordinate and relocate with the applicable private utility providers.
4. The applicant is proposing an updated striping plan in association with the proposed
improvements. A signage plan was not provided with the submittal materials. The use of
both striping and signage is an effective means of managing traffic conflicts and should
be addressed by the applicant on the plans as the traffic pattern is being proposed to
change. Additionally, signage used to direct traffic both internally and to adjoining
public right-of-way should adhere to the Minnesota Manual on Uniform Traffic Control
Devices, where applicable.
5. The applicant is proposing grading near the south portion of the site that ties into TH 5
right-of-way, which is owned and operated by MnDOT. Any work that triggers
requirements from jurisdictional authorities must be addressed and adhered to by the
applicant.
Landscaping
The applicant is proposing to reconfigure the vehicular use area and in doing so will be removing
existing, required landscaping. The applicant is proposing to replace the trees on site one-to-one
and adding shrubs and perennials in all new landscape beds that will meet landscaping
requirements. Any existing landscaping not noted for replacement in the proposed landscape
plans will be required to be replaced on site.
10
445 W. 79th Street (Chick-fil-A) Request for Variances
December 7, 2021
Page 7
Miscellaneous
A building permit must be obtained before beginning any construction. Building plans must be
prepared and signed by design professionals licensed in the State of Minnesota. Engineered plans
must be prepared and signed by design professionals licensed in the State of Minnesota. Building
plans must provide sufficient information to verify that the proposed building meets all
requirements of the Minnesota State Building Code; additional comments or requirements may
be required after plan review. Structure proximity to property lines (and other buildings) will
have an impact on the Code requirements for the proposed buildings, including but not limited
to, allowable size, protected openings and fire-resistive construction. These requirements will be
addressed when complete building and site plans are submitted. Retaining walls (if present) more
than four feet high must be designed by a professional engineer and a building permit must be
obtained prior to construction. Retaining walls less than four feet high require a zoning permit.
If the canopy is not fully non-combustible, a sprinkler system would be needed. Vehicles are
both sources of ignition and combustible materials. That many vehicles packed into a small
space with a canopy overhead will trap heat and spread the fire faster. In the event of a vehicle
fire, an egress option out of the north side of the drive-through should be provided.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve the 11.6 foot setback variance for the canopy setback and a 15.3 percent hard cover
variance, subject to the following conditions, and adopt the attached Findings of Fact and
Decision:
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Engineered plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
4. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
5. Structure proximity to property lines (and other buildings) will have an impact on the
Code requirements for the proposed buildings, including but not limited to, allowable
size, protected openings and fire-resistive construction. These requirements will be
addressed when complete building and site plans are submitted.
11
445 W. 79th Street (Chick-fil-A) Request for Variances
December 7, 2021
Page 8
6. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
Engineering
1. Any area that encroaches into a public drainage and utility easement shall require an
encroachment agreement be executed and recorded prior to the commencement of any
site improvements.
2. The applicant shall supply a signage and striping plan for the site for review prior to the
commencement of any site improvements.
3. The grading and installation of any improvements shall meet all applicable jurisdictional
requirements including, but not limited to, MnDOT and Riley Purgatory Bluff Creek
Watershed District, and all applicable permits and/or approvals shall be obtained prior to
any site improvements.
Environmental Resources
1. Any existing landscaping not noted for replacement in plans dated November 3, 2021 that
is damaged or removed will be required to be replaced prior to final completion.
2. The applicant shall provide security for site landscaping.
Fire
1. If the canopy is not the proper distance from the building and fully non-combustible, a
sprinkler system would be required.
2. Surmountable curbing shall be installed along the northern drive-through aisle and
parking lot to permit emergency egress along the sidewalk to the parking lot.
ATTACHMENTS
Findings of Fact and Decision
Development Review Application
Narrative
Chanhassen Operation Letter
BZA Findings
Site Plan
Grading Plan
Landscaping Plan
Letter from MnDOT dated November 29, 2021
Affidavit of Mailing of Public Hearing Notice
g:\plan\2021 planning cases\21-26 chick-fil-a var\staff report variance.docx
12
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Chick-fil-A, Inc. and ATT Shops LLC for variances for setbacks and hard cover.
On December 7, 2021, the Chanhassen Planning Commission, acting as the Board of
Adjustments and Appeals, met at its regularly scheduled meeting to consider the application of
Chick-fil-A, Inc. and ATT Shops LLC for a variance for a 13.4 foot setback to construct a
canopy over the order stations and a variance to exceed the hard cover by 15.3 percent to expand
the drive-through to two lanes on the property located at 445 W. 79
th Street. The Planning
Commission conducted a public hearing on the proposed variances, which 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 Highway and Business Services District (BH).
2.The property is guided by the Land Use Plan for Commercial use.
3.The legal description of the property is: Lot 2, Block 1, Zamor 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: The granting of a variance will be in harmony with the purpose and intent of
the zoning ordinance. The property is zoned for highway, commercial development,
which is oriented to vehicular use and access. With the inclusion of stormwater
improvements that will improve the surface water discharges from the site, the variance
should be consistent with the Comprehensive Plan goals and policies for water quality
and should improve site circulation and customer satisfaction.
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.
13
2
Finding:The applicant is proposing an enhanced drive-through facility and trying to
improve site circulation and service delivery efficiency. The proposed use is a reasonable
use of the property. The practical difficulty for this development is the size and shape of
the property as well as the location of the drive-through. The use is a vehicular oriented
business, which requires a significant amount of hard cover, but is not located within the
Central Business District, which does not have a maximum hard cover limitation.
Additionally, the inclusion of the drive-through and the joint driveway with the Panera
Bread to the west does not permit the addition of perimeter landscaping, which is
generally used to meet green space requirements. The joint access with the property to
the west reduces green space by approximately 2,800 square feet, representing five
percent of the site hard cover.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is to permit an efficient operation of the site for a
restaurant.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The size and shape of the property as well as the location of the drive-through
constrain the site development. The applicant is trying to develop a site that currently
exceeds the hard cover limitation by 12.5 percent (77.5 percent hard cover). The
proposed development will exceed the hard cover by 15.3 percent (80.3 percent hard
cover).
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The variance approval will not alter the character of the area since it is a
continuation of a commercial use of the property, which exceeds the maximum hard
cover permitted in the BH district.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
6. The planning report #2021-08 dated December 7, 2021, prepared by Robert Generous, et al,
is incorporated herein.
DECISION
The Planning Commission, acting as the Board of Adjustments and Appeals, approves
the requested setback and hard cover variances subject to the following conditions:
14
3
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Engineered plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
4. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
5. Structure proximity to property lines and other buildings will have an impact on the Code
requirements for the proposed buildings, including but not limited to, allowable size,
protected openings and fire-resistive construction. These requirements will be addressed
when complete building and site plans are submitted.
6. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
Engineering
1. Any area that encroaches into a public drainage and utility easement shall require an
encroachment agreement be executed and recorded prior to the commencement of any
site improvements.
2. The applicant shall supply a signage and striping plan for the site for review prior to the
commencement of any site improvements.
3. The grading and installation of any improvements shall meet all applicable jurisdictional
requirements including, but not limited to, MnDOT and Riley Purgatory Bluff Creek
Watershed District, and all applicable permits and/or approvals shall be obtained prior to
any site improvements.
Environmental Resources
1. Any existing landscaping not noted for replacement in plans dated November 3, 2021 that
is damaged or removed will be required to be replaced prior to final completion.
2. The applicant shall provide security for site landscaping.
15
4
Fire
1. If the canopy is not the proper distance from the building and fully non-combustible, a
sprinkler system would be required.
2. Surmountable curbing shall be installed along the northern drive-through aisle and
parking lot to permit emergency egress along the sidewalk to the parking lot.
ADOPTED by the Chanhassen Planning Commission this 7th day of December, 2021.
CHANHASSEN PLANNING COMMISSION
BY:
Steve Weick, Chairman
16
i l 6
COMMUNITY DEVELOPMENT DEPARTMENT
PlanningdDivision—
P.O. 147, Chanhassen,CITY OF C}IAiI{ASSNMailingAddress— .O. Box 147, Chanhassen, MN 55317
Phone: (952)227-1100/Fax: (952)227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date:I i PC Date:)' ' . { l CC Date: I 1 IC% 1 . - 60-Day Review Date: ( ( ( 1 (: >
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 Subdivision (SUB)
Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300
E 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
In conjunction with Single-Family Residence..$325
Final Plat 700
Includes $450 escrow for attorney costs)*El All All Others
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)
Include number of existing employees:
Zoning Ordinance Amendment(ZOA) 500
Include number of new employees:
Residential Districts 500 NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
Plus $5 per dwelling unit (units)
O Notification Sign (City to install and remove) 200
Property Owners' List within 500' (City to generate after pre-application meeting) 3 per address
7) I addresses)
O 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: ( • C
Section 2: Required Information
Description of Proposal: Revised existing drive-thru so there is two lanes from beginning to end, installation of 2
free-standing canopies, 1 in the building setback, increase of impervious surface.
Property Address or Location: 445 W. 79th Street, Chanhassen, MN 55317
Parcel #: 2E8900E22 Legal Description: THAT PART OF LOT 2, BLOCK 1, ZAMOR ADDITION
Total Acreage: 1.33 Wetlands Present? Yes ® No
Present Zoning: Highway and Business Services District Requested Zoning: Not Applicable
Present Land Use Designation: Commercial Requested Land Use Designation: Not Applicable
Existing Use of Property: QAlultitcs697716ef1rlaalttuulttitcdfrix tIniut
Check box if separate narrative is attached.
17
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:Chick-fil-A, Inc. Contact: Jeff Killingsworth
Address: 5200 Buffington Road Phone: 404-765-8000
City/State/Zip: Atlanta GA 30349 Cell:
Email: Jeff Ilj(ig w rt cfacorp.com Fax:
Signature: a. c _ Date: 11/03/2021
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: ATT Shops LLC Contact: Ghassan Al-Thaqeb
Address:25106 Shaver Lake Circle Phone:
City/State/Zip: Lake Forest, CA 92630 Cell: 609-961-1167
Email: galthageb@gmail.com 77, Fax:
Signature: Date: 11/05/2021
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: GBC Design, Inc.Contact:Allan Wiley
Address: 565 White Pond Drive Phone: 3303831(6M 3
City/State/Zip: Akron, OH 44320 Cell:
Email: awiley@gbcdesign.com Fax:
Section 4: Notification Information
Who should receive copies of staff reports? Other Contact Information:
Property Owner Via: Email Mailed Paper Copy Name:
Applicant Via: ® Email E 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
18
GBC DESIGN, INC.
565 White Pond Drive • Akron, OH 44320-1123 • Phone 330-836-0228 • Fax 330-836-5782 • www. GBCdesign.com
November 2, 2021
City of Chanhassen
Community Development Department
7700 Market Boulevard
Chanhassen, MN 55317
Attention: Robert Generous, AICP
Subject: Chick-fil-A #3840 Chanhassen
445 W. 79th Street, Chanhassen, MN 55317
Variance Request Narrative
GBC Project No. 54089A
Robert,
Chick-fil-A intends to perform some reinvestment work on their restaurant located at 445 W. 79th Street.
The project will include the removal of 10 parking spaces to make room for a full dual lane drive-thru from
beginning to end. The site will still have 61 parking spaces and will meet the parking City’s parking
requirements. A free-standing canopy will be installed over the order points and another over the pick-up
window to keep the Chick-fil-A team members out of the weather while assisting customers with placing
orders and handing out completed orders. The ADA spaces will be re-worked near the front of the building.
Associated paving, grading and utility work will also be included with the project.
The free-standing canopy over the order stations will encroach into the 25’ front building setback and will
be 13.4’ from the right-of-way.
The open space will be reduced from 22.02% to 19.72%. The proposed open space is less than the required
35%. A variance was previously granted when the store was originally constructed which is how the site
currently has 22.02% open space.
If you need any additional information, please contact me.
Sincerely,
Allan S. Wiley, P.E.
c: file
19
Chanhassen, FSU
445 W 79th Street
Chanhassen, MN 55317
Operator: Andrew Armstrong
Proposed improvements to the Chick-fil-A Restaurant at Chanhassen include the following:
• Dual Order lanes
• Dual Order Canopy
• Bypass Lane at Drive-Thru Window
• Delivery Canopy at Drive-Thru Window
• Expanded Drive-Thru Cockpit – Interior Work
When this restaurant was built in 2017, CFA (and the QSR industry) did not have the multiple service channels that exist
today (curbside delivery, 3rd party delivery, Chick-fil-A delivery, and mobile ordering/pick-up). The market is demanding
options when it comes to ordering, fulfilling, and delivering meals. Covid-19 has significantly accelerated the adoption of
mobile ordering by customers. CFA’s goal, nationwide, is to quickly respond to the market’s demands to include options
for all service channels so as not to create a bottleneck in one service channel. Across the country, CFA is retrofitting
sites to include multi-lane order points, dual lane fulfillment, by-pass lanes, curbside delivery, and mobile express lanes.
We are also exploring the use of ghost/cloud kitchens in highly dense and urban markets, providing an option that does
not include a brick-and-mortar storefront. We refer to this approach as a collective “ecosystem” response. These various
service channels and innovations are intended to compliment the traditional service channels of dine-in and on-site
Drive-Thru ordering.
We retrofit approximately 350 sites per year through a major remodel or a custom project solution. In every case, the
Drive-Thru and parking is prioritized to improve the current situation. CFA improves efficiency in some of the following
ways:
• Increase efficiency by allowing off-site orders to be placed through the CFA One app. With this method, the
customer can proceed to the pick-up window and not stop to place an order. Mobile adoption is growing, and
Drive-Thru lines are decreasing as a result because the time needed to place an order on-site is eliminated.
• Increase efficiency by utilizing team members to take on-site orders. Instead of taking one or two orders at
stationary menu boards, the Operator can have four-six team members taking “Face-to-Face” orders in multiple
locations within the D-T queue. This service model also makes interaction with the guest relational, not just
transactional, allowing the Operator’s Team to build an emotional connection with the customer.
• Implementing “Outside Meal Delivery” at the pick-up window allows orders to be delivered by a team member to
a customer upstream of the window so they can avoid stopping at the window.
• Implementing by-pass lanes or pull-forward lanes allows a customer with a large or special order to pull forward
so that other customers can exit the D-T lane. If a car stops at the window, they stop the moving line. The
Operator’s goal is to keep the line moving.
• Offering curbside delivery at parking spaces near the building provides an alternative to a customer that wants
to avoid entering a D-T queue.
• Offering 3rd party delivery provides another alternative.
20
• Using team members to receive orders, instead of menu boards, has proven to expedite the ordering process.
When customers see a menu board, they tend to stop and stare. The menu boards are primarily used only during
inclement weather.
• Adding a full second lane, where possible, allows the execution of what CFA calls “Dual Lane Fulfillment”. This
allows the Operator’s team members to deliver orders to two cars at one time. CFA’s goal is to build all new
stores with the ability to provide “Dual Lane Fulfillment” and to proactively retrofit all stores where it is possible,
this restaurant included. This is the single best way to reduce on-site and off-site queuing and increase
throughput in the D-T lane.
• For locations where “Dual Lane Fulfillment” is not an option, we seek to add Dual Order Lanes and By-Pass/Pull-
Forward Lanes.
• Lastly, our program often includes interior building modifications (expanded interior Drive-Thru cockpit) that
increases kitchen capacity and expand service area and Drive-Thru areas. Often D-T windows are replaced with
D-T doors (where allowed) to provide team members direct access to customers in the D-T queue. I think these
modifications are beyond the scope of this application, but they are certainly part of our toolbox and we
will use them to the extent we can increase efficiency at this location.
CHICK-FIL-A, INC • 5200 BUFFINGTON ROAD • ATLANTA, GA 30349 21
GBC DESIGN, INC.
565 White Pond Drive • Akron, OH 44320-1123 • Phone 330-836-0228 • Fax 330-836-5782 • www. GBCdesign.com
November 2, 2021
City of Chanhassen
Community Development Department
7700 Market Boulevard
Chanhassen, MN 55317
Attention: Robert Generous, AICP
Subject: Chick-fil-A #3840 Chanhassen
445 W. 79th Street, Chanhassen, MN 55317
BZA Findings of Fact
GBC Project No. 54089A
Dear Robert,
To the best of my knowledge, below is a list of variances to the City Code that need to be obtained for the
project. We have provided findings of fact for each requested variance for your consideration.
Variance: Canopy Setback
Required: Minimum 25’ building setback for a free-standing canopy.
Proposed: The free-standing canopy will provide a 13.4’ building setback.
Findings of Fact
1. 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.
a. The variance is for a developed commercial property surrounded by commercial uses and
right-of-way. A canopy exists at the Holiday Stationstores to the east of the Chick-fil-A
property.
2. 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.
a. Chick-fil-A currently does and will continue to utilize the property in a reasonable manner.
The practical difficulty for the location of the canopy is the size and shape of the property,
along with the location of the existing building. The location of the canopy is determined
based on the distance from the food pick up window so it cannot be moved further to the
west.
3. That the purpose of the variation is not based upon economic considerations alone.
a. The placement of the canopy is based on the distance from the food pick up window. This
location is determined by Chick-fil-A to provide adequate time from the order being placed
to the food being ready as the customer maneuvers through the drive-thru.
4. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
a. The circumstance for the variance request is due to the shape of the property in the area of
the existing building and the location of the existing building on the property. The building
is sited in the narrow portion of the property with the pick up window on the north side of
22
Chick-fil-A #3840 Chanhassen
Page 2 of 3
November 2, 2021
GBC DESIGN, INC. 565 White Pond Drive Akron, OH 44320-1123 Phone 330-836-0228 Fax 330-836-5782
the building. Drive-thru traffic needs to circulate counter-clockwise through the drive-
thru, therefore the canopy needs to be on the south side of the building within the setback.
5. The variance, if granted, will not alter the essential character of the locality.
a. The canopy will not alter the character of the locality because the canopy is dark bronze in
color and will blend into the existing backdrop of the Chick-fil-A site. Also, the canopy
structure itself is rather minimal and is not designed to draw attention to itself.
6. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section
216C.06, subdivision 14, when in harmony with this Chapter.
a. The proposed canopy does not meet the definition of being “earth sheltered”.
Variance: Impervious Coverage
Required: The minimum open space required is 35%.
Proposed: A variance was previously granted to reduce the minimum open space to 22.51%. We
are proposing an open space of 19.7%.
Findings of Fact
1. 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.
a. The variance is for a developed commercial property surrounded by developed commercial
properties, commercial uses and right-of-way.
2. 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.
a. Chick-fil-A currently does and will continue to utilize the property in a reasonable manner.
The practical difficulty for the amount of open space is due to the necessity to install a full
second drive-thru lane to increase the efficiency of the drive-thru service.
3. That the purpose of the variation is not based upon economic considerations alone.
a. The placement of the canopy is based on the distance from the food pick up window. This
location is determined by Chick-fil-A to provide adequate time from the order being placed
to the food being ready as the customer maneuvers through the drive-thru. Parking spaces
cannot be removed to create open space because than the parking will require a variance.
The proposed Site Plan provides 61 parking spaces and there are 61 parking spaces required
by the City.
4. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
a. Chick-fil-A has a necessity to install a full second drive-thru lane to increase the efficiency
of the drive-thru service. Normally, parking spaces would be removed on the site to create
more open space in an effort to increase the open space. This site will not allow that
opportunity to increase the open space since removing parking will make the site out of
compliance with City parking requirements.
5. The variance, if granted, will not alter the essential character of the locality.
a. The additional impervious area is an additional 2.3% more than the previously granted
variance permitted. Also, the Chick-fil-A is in a fully developed commercial area with a
majority of hard surface.
6. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section
216C.06, subdivision 14, when in harmony with this Chapter.
23
Chick-fil-A #3840 Chanhassen
Page 3 of 3
November 2, 2021
GBC DESIGN, INC. 565 White Pond Drive Akron, OH 44320-1123 Phone 330-836-0228 Fax 330-836-5782
a. The proposed canopy does not meet the definition of being “earth sheltered”.
If you need any additional information, please contact me.
Sincerely,
Allan S. Wiley, P.E.
c: file
24
GREAT PLAINS BLVD.ARBORETUM BLVD.
WEST 79TH STREET
Information contained on this drawing and in all digital files
produced for above named project may not be reproduced in
any manner without express written or verbal consent from
authorized project representatives.
GBC PROJECT #
PRINTED FOR
DATE
SHEET
SHEET NUMBER
DRAWN BY
Chick-fil-A
5200 Buffington Road
Atlanta, Georgia 30349-2998
REVISION SCHEDULE
FSU#CHICK-FIL-A54089D
11/2/21
BAWCHANHASSEN FSUCUSTOM PROJECT SOLUTIONS445 W 79TH STREETCHANHASSEN, MN03840
NO.DATE DESCRIPTION
PermitPermit
C-200
SITE PLAN12"4"LANDSCAPE AREA
LANDSCAPE AREA
WID
T
H
V
A
RI
E
S
4"(4' MIN.
WI
D
T
H)
6" STANDUP CURB OR CURB &
GUTTER AS APPLICABLE (SEE
SITE PLAN)
PROVIDE 5' SQUARE MINIMUM
LANDING AT TOP OF RAMP FOR
CHANGE IN DIRECTION
EXPANSION
JOINT
SEE
SIT
E
PL
A
N
1:14
M
A
X
.
S
L
O
P
E
DO
N
O
T
E
X
C
E
E
D
BOTH RAMP CURBS TO
BE PAINTED YELLOW, SEE
PARKING LOT STRIPING
SPECIFICATION
EXPANSION JOINT
EXPANSION JOINT
CONT
R
A
C
T
I
O
N
JOINT
CONT
R
A
C
T
I
O
N
JOINT
RETURNED CURB ACCESSIBLE RAMP
NOT TO SCALE
63
C-200
3/4
C-400
6
C-410
6
C-410
6
C-4109
C-400
CONCRETE
SIDEWALK
25
ARBORETUM BLVD.
Information contained on this drawing and in all digital files
produced for above named project may not be reproduced in
any manner without express written or verbal consent from
authorized project representatives.
GBC PROJECT #
PRINTED FOR
DATE
SHEET
SHEET NUMBER
DRAWN BY
Chick-fil-A
5200 Buffington Road
Atlanta, Georgia 30349-2998
REVISION SCHEDULE
FSU#CHICK-FIL-A54089D
11/2/21
BAWCHANHASSEN FSUCUSTOM PROJECT SOLUTIONS445 W 79TH STREETCHANHASSEN, MN03840
NO.DATE DESCRIPTION
PermitPermit
C-300
GRADING PLAN
26
PERMITPERMIT
Information contained on this drawing and in all digital files
produced for above named project may not be reproduced in
any manner without express written or verbal consent from
authorized project representatives.
MLD PROJECT #
PRINTED FOR
DATE
SHEET
SHEET NUMBER
DRAWN BY
Chick-fil-A
5200 Buffington Road
Atlanta, Georgia 30349-2998
REVISION SCHEDULE
FSU#CHICK-FIL-A2021235
11/3/21
ADNCHANHASSEN 445 W 79TH STREETCHANHASSEN, MN 553173840
NO.DATE DESCRIPTION
Landscape Plan
L-100
0 20 40 FT
PLANT LIST
Qty Botanical Name Common Name Scheduled Size Remarks
Trees
1 Ginkgo biloba Ginkgo 2.5" Cal. B & B; single straight leader; male only
3 Quercus rubra x alba 'Crimschmidt'Crimson Spire Oak 2.5" Cal.B & B; Single Straight Leader
Shrubs
15 Ilex glabra 'Chamzin'Nordic Inkberry Holly 3 Gal.
21 Panicum virgatum 'Heavy Metal'Heavy Metal Switch Grass 3 Gal.
54 Rhus aromatica 'Grow-Low'Fragrant Sumac 3 Gal.
29 Spiraea japonica 'Goldmound'Goldmound Spiraea 3 Gal.
Groundcovers
29 Hemerocallis 'Stella De Oro'Stella De Oro Daylily 1 Gal.
Other
X EXISTING TREE TO BE REMOVED
EXISTING TREE TO REMAIN
LEGEND
MIDWEST
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Landscape Contractor to read and understand the Landscape Specifications prior to finalizing bids. The
Landscape Specifications shall be adhered to throughout the construction process.
Contractor is responsible for locating and protecting all underground utilities prior to digging.
Contractor is responsible for protecting existing trees from damage during construction.
All tree protection devices to be installed prior to the start of land disturbance, and maintained until final
landscaping.
All tree protection areas to be protected from sedimentation.
All tree protection fencing to be inspected daily, and repaired or replaced as needed.
No parking, storage or other construction activities are to occur within tree protection areas.
All planting areas shall be cleaned of construction debris (ie. concrete, rock, rubble, building materials, etc) prior
to adding and spreading of the topsoil.
General Contractor is responsible for adding a min of 4” clean friable topsoil in all planting beds and all grassed
areas. Graded areas to be held down the appropriate elevation to account for topsoil depth. See Landscape
Specifications for required topsoil characteristics.
In all parking lot islands, the General Contractor is responsible to remove all debris, fracture/loosen subgrade to
a min. 24” depth. Add topsoil to a 6”-8” berm height above island curbing; refer to landscape specifications and
landscape island detail.
Prior to beginning work, the Landscape Contractor shall inspect the subgrade, general site conditions, verify
elevations, utility locations, irrigation, approve topsoil provided by the General Contractor and observe the site
conditions under which the work is to be done. Notify the General Contractor of any unsatisfactory conditions,
work shall not proceed until such conditions have been corrected and are acceptable to the Landscape
Contractor.
Any deviations from the approved set of plans are to be approved by the Landscape Architect.
Landscaping shall be installed in conformance with ANSI Z60.1 the “American Standard for Nursery Stock” and
the accepted standards of the American Association of Nurserymen.
Existing grass in proposed planting areas shall be killed and removed. Hand rake to remove all rocks and debris
larger than 1 inch in diameter, prior to adding topsoil and planting shrubs.
Soil to be tested to determine fertilizer and lime requirements prior to laying sod.
Annual and perennial beds: add min. 4 inch layer of organic material and till to a min. depth of 12 inches. Mulch
annual and perennial beds with 2-3 inch depth of mini nuggets.
All shrubs beds (existing and new) to be mulched with a min. 3 inch layer of mulch. Rock Mulch to be provided
around the building as shown and called out on the landscape plan, all other planting beds are to be mulched
with double shredded hardwood mulch; Match existing mulch.
Planting holes to be dug a minimum of twice the width of the root ball, for both shrub and tree. Set plant
material 2-3” above finish grade. Backfill planting pit with topsoil and native excavated soil.
Sod to be delivered fresh (Cut less than 24 hours prior to arriving on site), laid immediately, rolled, and watered
thoroughly immediately after planting. Edge of sod at planting beds are to be "V" trenched; see Landscape
Details.
Any existing grass disturbed during construction to be fully removed, regraded and replaced. All tire marks and
indentions to be repaired.
Water thoroughly twice in first 24 hours and apply mulch immediately.
The Landscape Contractor shall guarantee all plants installed for one full year from date of acceptance by the
owner. All plants shall be alive and at a vigorous rate of growth at the end of the guarantee period. The
Landscape Contractor shall not be responsible for acts of God or vandalism. See Landscape Specifications for
Warranty requirements/expectations.
Any plant that is determined dead, in an unhealthy, unsightly condition, lost its shape due to dead branches, or
other symptoms of poor, non-vigorous growth, shall be replaced by the Landscape Contractor. See Landscape
Specifications for warranty requirements/expectations.
Existing irrigation system shall be retrofitted as needed to provide 100% head to head coverage in all new and
existing landscaped areas; see Retrofit notes for guidelines.
Stake all evergreen and deciduous trees as shown in the planting detail and as per the Landscape
Specifications.
Remove stakes and guying from all trees after one year from planting.
LANDSCAPE NOTES
RETROFIT EXISTING IRRIGATION SYSTEM
Existing irrigation system shall be retrofitted to include proper
irrigation coverage to all newly created landscaped areas. Sprays
and rotors shall be utilized on all sod and seeded areas, while drip
irrigation shall be utilized within shrub planting beds. The contractor
shall be responsible to ensure that all new and existing irrigation
components are in proper working order and provide 100% head to
head coverage. Add valves, sprays, rotors, drip, and/or replace
zones as needed to achieve the proper coverage as required.
* Only RainBird products are to be utilized
* Mainline shall be 1.5" CLS200 PVC
* Lateral lines shall be 1" CLS200 PVC
Prior to final completion the Irrigation Contractor shall perform a
walk-thru inspection with the owner, or owners representative of the
functioning system.
X XX
X
X
E
E
X
XX EGGGGGGGGGGGGGGG
G
G
G
GGG
G G G G G G G G G
W
W
W
WWWWWW W
W
W
W WWWWWWWLATL A T LATLATW
W
W
WWWWWWWWW
W
W
W
S T
S T
S T
S T
S T
S T GREAT PLAINS BLVD.A R B O R E T U M B L V D .H O L ID A Y S T A T IO N S T O R E S , IN C
L O T 1 , B L O C K 1
T A X ID : 2 5 8 9 0 0 0 1 0
C H A N H A S S E N IN N
L O T 3 , B L O C K 1
T A X ID : 2 5 8 9 0 0 0 3 0
W E S T 7 9 T H S T R E E T
S T
S T
S T
S T
S T
S TSTSTSTST
8
STSTSTSTSTSTSTSTS T
S T
S T
S T
S T
S T
S T
S T
S T
STD R A IN A G E A N D U T IL IT Y E A S E M E N T
N 69°04'54" E 96.38'S 25°27'31" W 79.46'N 85°52'04" W 154.46'
N 19°01'53" W 85.36'N 01°21'53" W 56.70'S 19°22'46"
E 279.90'
N 68°03'01" E 3.82'
C 2
C 3
C 4
DRI
VETHRUDRI
VETHRU8
1 7
1 7
2
5
4
951
952
953
954
951 9539
5
2951951
951
951950
950
9
4
9950
9 4 9
9 4 8
9 4 7
9 4 8
949
949
9 5 0
E X IS T IN G C H IC K -F IL -A
4 ,8 7 5 S .F .F /F 9 5 1 .1 9
7 ' D R A IN A G E A N D
U T IL IT Y E A S E M E N T
7'7 ' D R A IN A G E A N D
U T IL IT Y E A S E M E N T7'1 0 ' D R A IN A G E A N D
U T IL IT Y E A S E M E N T
10'
7 ' D R A IN A G E A N D
U T IL IT Y E A S E M E N T
7 '1 0 ' B U IL D IN G S E T B A C K
2 5 ' B U IL D IN G S E T B A C K
2 5 ' B U IL D IN G S E T B A C K
1 0 ' B U IL D IN G S E T B A C K
1 0 ' B U IL D IN G S E T B A C K
2 5 ' B U IL D IN G S E T B A C K
LAT
LAT
LAT
LAT
LATLATLATLATLATLATLAT
LAT
LAT
LATLATLATLAT
RDR D
R D
R D
R DRD RD
R D
R D
W
W
W
WWE
E E
E E
E E
E E
E E
E E
E E
EE
EE
E E
EE
E
E
EEEEEEEEEEEEEE
E
E
E
E
E
E EE EE EE EE EE E
E
E
E
E
EWWWW
W
W
W
W W
W
W W W
W
WWWWWT
T
T
T
T
T
T
T
T
T
T
TTTTTTTTTTTTTTTTT
EEEEEEEE
EE
EE
E
E
E
E
E
E
E
E
EEEEEEEE
E E
E
E
E
E
E
E
E
E
E
E
E
E
E
E E E E
E
E
E
E
E
E EEEEEEEE E E E E E E E E
EE
E
EEEEEEEEEE
E
E
E
EE
E
E
E
E
E E E
E E E
E
E
EEEEEE
E
E
E
E
E
E
E
E
E
E
E
E
E
E
T
T T
T T
T T
T T T T T T T T T T T
TT T
T T
T T
T T
T T
T T
T
TT TT
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T T T T
T
T T
T
T
T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T T
T
T TTTTTTTTTS A N
S A N
S A N
S A N
S A N
S A N
S A N
S A N
S A N S A N S A N S A N S A N S A N S A N S A N
E X . E N D O F P IP E
IN V . 9 4 5 .7 5 , 1 5 "S T
S
T
S
T
E X . R E T A IN IN G W A L L
E X . E N D O F P IP E
IN V . 9 4 5 .0 9 , 1 5 "S T
S
T
S
T
E X . E N D O F P IP E
IN V . 9 4 5 .7 6 , 1 5 "S T
ST
ST
S T
S T
E X . E N D O F P IP E
IN V . 9 4 8 .0 0 , 1 2 "E X . E N D O F P IP E
IN V . 9 4 7 .5 0 , 1 2 "STSTSTST
E X . T R E N C H D R A IN
E X . T R E N C H D R A IN
E X . T R E N C H D R A IN
E X . T R E N C H D R A IN
STST S T
S T
S T
L IM IT S O F U N D E R G R O U N D S T O R M
C H A M B E R S Y S T E M
S T
S T
S T
S T
S T S T
S T
S T
S T S T
S T
S T
E X . A S P H A L T
P A V E M E N T
E X . A S P H A L T
P A V E M E N T
E X . A S P H A L T
P A V E M E N T
E X . A S P H A L T
P A V E M E N T
E X . A S P H A L T
P A V E M E N T
E X . A S P H A L T
P A V E M E N T
E X . A S P H A L T
P A V E M E N T
W
949948
947
948
9 4 8
949948D R A IN A G E A N D
U T IL IT Y E A S E M E N T 9509509 5 1950951
9509 5 1
9509
5
0
951 9529519 5 1
9 5 1
VANR ID G ERIDGE
RI
DGEBACK OF CURB
STSTSTSTX
X
X X
3 Ex. Birch
6 Ex. Serviceberry
3 Ex. Honeylocust
2 Ex. Crimsonspire Oak Removed
1 Ex. Ginkgo Removed
1 Ex. Ginkgo Removed
4 Ex. Crimson Spire Oak
1 Ex. Ginkgo
5 Ex. Ginkgo
1-Ginkgo
2-Crimson Spire Oak
1-Crimson Spire Oak
10-Goldmound Spiraea
30-Fragrant Sumac
4-Switch Grass
9-Stella De Oro Daylily12-Goldmound Spiraea17-Switch Grass
24-Fragrant Sumac
20-Stella De Oro Daylily
3 Ex. Shrubs
15-Nordic Inkberry Holly
Ex. Shrubs
Replace trees if disturbance is
excessive and causes damage
to the trees.
Ex. Shrubs to be Removed
7-Goldmound Spiraea
[Drawing Title]
Scale: 1" = 20'-0"2
27
Metropolitan District
Waters Edge Building
1500 County Road B2 West
Roseville, MN 55113
An equal opportunity employer
MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113
November 29, 2021
Bob Generous
Senior Planner
City of Chanhassen
7700 Market Blvd
P.O. Box 147
Chanhassen, MN 55317
SUBJECT: MnDOT Review #S21-067
Chick-fil-A-Chanhassen
NW Quad MN 5 (Arboretum Blvd) and Great Plaines Blvd.
Chanhassen, Carver County
Dear Mr. Generous:
Thank you for the opportunity to review the plans for Chick-fil-A-Chanhassen. MnDOT has
reviewed the documents and has the following comments:
Water Resources:
A MnDOT drainage permit will be required to ensure that current drainage rates to MnDOT right-
of-way will not be increased. The drainage permit application, including the information below,
should be submitted online to: https://dotapp7.dot.state.mn.us/OLPA/
The following information must be submitted with the drainage permit application:
1) A grading plan showing existing and proposed contours.
2) Drainage area maps for the proposed project showing existing and proposed drainage
areas. Any off-site areas that drain to the project area should also be included in the
drainage area maps. The direction of flow for each drainage area must be indicated by
arrows.
3) Drainage computations for pre and post construction conditions during the 2, 10, 50 and
100 year rain events.
4) Time of concentration calculations.
5) An electronic copy of any computer modeling used for the drainage computations.
6) See also the attached Drainage Permits Checklist for more information.
Once a drainage permit application is submitted, a thorough review will be completed and
additional information may be requested.
28
MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113
Please direct questions concerning drainage issues to Jason Swenson (651-234-7539) or
Jason.Swenson@state.mn.us of MnDOT’s Water Resources section.
Permits:
In addition to the Drainage permit mentioned above, any use of, or work within or affecting,
MnDOT right of way will require a permit.
Permits can be applied for at this site: https://olpa.dot.state.mn.us/OLPA/. Please upload a copy of
this letter when applying for any permits.
Please direct questions regarding permit requirements to Buck Craig of MnDOT’s Metro Permits
Section at 651-775-0405 or Buck.Craig@state.mn.us.
Review Submittal Options
MnDOT’s goal is to complete reviews within 30 calendar days. Review materials received
electronically can be processed more rapidly. Do not submit files via a cloud service or SharePoint
link. In order of preference, review materials may be submitted as:
1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments
may not exceed 20 megabytes per email. Documents can be zipped as well. If multiple emails are
necessary, number each message.
2. PDF file(s) uploaded to MnDOT’s external shared internet workspace site at:
https://mft.dot.state.mn.usmetrodevreviews.dot@state.mn.us. Contact MnDOT Planning
development review staff at for uploading instructions, and send an email listing the file name(s)
after the document(s) has/have been uploaded.
If you have any questions concerning this review, please contact me at (651) 234-7797.
Sincerely,
Cameron Muhic
Senior Planner
Copy sent via E-Mail:
Buck Craig, Permits Lance Schowalter, Design
Jason Swenson, Water Resources Almin Ramic, Traffic
Andrew Lutaya, Area Engineer Doug Nelson, Right-of-Way
Mackenzie Turner Bargen, Multimodal Jesse Thornsen, Multimodal
Jason Junge, Transit Russell Owen, Metropolitan Council
29
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COI.INTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
November 24,2021, the duly qualified and acting City Clerk ofthe City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing to consider a request for setback and hard cover variances to reconstruct the
existing drive-through to a full dual tane drive-through and install free-standing canopies
over ordering areas and pick-up window on property located at 445 W. 79th Street (Chick-
fit-A), Planning Case No. 2021-26, Zoned Highway and Business Services District (HB) 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
ownen were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
\
Kim T City Clerk
Subscribed and swom to before me
th4$[f\ day of L-bcui .a.b
Q,\\
Notary Public
,202r.
30
Disclaimer
This map is neilher a legally recorded map nor a survey and is not intended to be used
as one This map is a compilation ot records, information and data located in vadous cily
county, state and federal otfces and other sources regarding the area shown and is to
be used for reference purposes only. The City does not warant that the Geographic
lnformalion System (GlS) Dala used to prepare this map are enor ftee, and the City does
nol represent that the GIS Data can be used for navigational, t.acking or any other
purpose requiring exacling measurement of distance or directon or precision in the
depiction of geographic features The preceding disclaimer is provided pursuaot to
Minnesota statutes 5466 03, Subd. 21 (2000), and the user of this map acknowledges
lhat the Caty shall nol be liable for any damages. and expressly waives all claims, and
agrees to defend, indemnir. and hold harmless the Crty from any and all claims brought
by ljsea, ats employees or agenls, or third parties which aise out of the usel's access or
use of data provided
(TAX_NAMED
(TAX_ADD_LI D
(TAX ADD L2D
(Next RecordD(TAX_NAM Etl
(TAX_ADD_LIn
(TAX ADD L2D
Disclaimer
This map is neither a legally rccorded map nor a survey and is not intended to be used
as one. This map is a @mpilation of records, inlormalion and data located in varjous city,
county, state and federal offces and other sources regarding the area shown, and is to
be us€d for reference purposes only. The City do€s not wa.rant that the Geographic
lnformalion System (GlS) Data us€d to prepare this map are enor free, and the City does
not represent lhat the GIS Data can be used fo. navigataonal. Itacking or any other
purpose requaring exacling measurement of distance or direction or precision in the
depiction of geographic features. The preceding disdaimer is provided pursuant to
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable ior any damages, and expressly waives all claims. and
agrees to deiend, indemnify. and hold harmless the City lrom any and all claims brought
by lJser, its employees or agents, orthird parties which arise out of the use/s access or
use ol deta provided
C')e
\
t
\
I
Subiect
Parcel
',1
J
I
\
5
g
w \
Subiect
Parcel
L
7
L
L )-
4-'c
1
\\
\1')
31
P
E
q)
o
:
!
t
E
.9
F
E
cio9F.
o
No6t
t-
o,-o
E
o)o
o)o
j(!E
c)lF
€
e
o)
o
=oof*l.'-
tti
o-o
EoEo
(,)c
foo
(5
I
!i-o
d)-
'-
.9o
o)
.9z
il)
@
0l
.=
l
dtpc(!
=.c,,qT
EocoN
9,(,,o9e E(!19 rt) (u'=- > ooooo
i= sBots o o-o-coPoUoe; PEoPEi
EPES
.v. Ed E8d{5=-o .2 O .rgE= 3
EgfiE
E E: H6or ts o
o., s _c o;E egLrO'wIDE: O)15 -r,
= C
H E gE
6 E: b
O)J
o.o
U)
FF
.9
o
.!2
o
^a<;
YP
E9ge
o)-Coeb9u)a
CDEl.- C.o>E
,oB
s<
o
rl)
o-.
CL
oE
o)
fo
.9.!
o)ECIo.or-c
E,E5 Ec E
EEee I re E'Lo-- o-c.o c':E 9E, 9:2 o
:gEEE gEgE
EE:a9 siEe
E: gE E HEE
EEiE ;itB* = rE= Z (5.^ tro ar- - .nO.!i o
=:':+,E*E;oE.9q *-c o- o -.! .t3F(5c(J(,-N(i)\,
oo
Ec
,9
.9
E
Eo
(_)
l!
(L
q)
o
o
JEF
EE;
v_ o O>r- o€ E
iEEEgEg
:HAt.EIEriEagSa=
eets arE i Es
EEIEEIEEEg
E flEEI5€ E*
EEIIEeiEl
$ iIHf,gE F I
o)c
q,
o
o,
a;
.E
oo
E
o
(,
o
d).o
co
EJ
o!
Eq,
o.
3.9
oF
o.fc
.9
o
0)tr;J.E
oc
f
c
Ec
o)
o.c,
oEq'6
;!;
o
o(9
o,
-oc)3
=o
o)E
o
E
IDE'oo
o-,
0)
(!
o()p
t,co
c)
l
.E
E
tli
o,.Yo([o,
li([oc
IDo,o
o,c
0,o
Ec
o)
'c
.o
(5o
=oc
0)
o
Ec(o
G
Eo
C)
0,o
o)
o
o-f
E
.s,
U)
=UIz
I
3
3I
E
E
E
9
iti
i:
c5
o
(!o
o
a!(,oJ
l!oo
CLo
o-
t!I
cto
!,c;o
Eo
o
0-
I ii)o.=
o.xii-,oa! .c
=E
.5 ..o9ECOrD
o=OE30oo
EE
oo
=E9.9:!!:.oEtrrEllo6o
=CDo-E
EEo6sdotr23
oa!
E
G
=(,
oc
oo
=
.P.E
r! aoo'=-EoE=o€oio
OE
eEEo-za
ooo.CE(!
(,
E .og
".E
g
gE:;
E; TE
E(,uo6
Esift9F9
i!;B;: E?
.9 I ==oEdE
H€ ce
E = EE
3Etr
;EEH
Igg!N C OENOOS
.P-4ei't =d
E i$
d ;t.E :d)
ErSEc o-: Eo EDIOI !?
;afls
E : BI!.
PE=IEE *El 6'
:Edl*
BBEI€oo ol o] h,'dl F
E B.IH
o
J;
Eio
o
c(!cq,6
@
lo
ocooA
o
(\a
o
q,coc,o-
-o
r!
Eo
(!!
F
o
.q
oo
Ec
,9
.9.
E
Eoo
csC
o
o
o
(.,ci5
,9Eo
o).J
oEU'
FF
oag
o
^t<6
"iP
€i
9E
o)Eoe.b -9u)o
Egi,EFE,o>-
,ot
s<
n)
i-e b# e9 E Ee 6-6 P'ti E
EtEE E*":F
AE:g EEE$
EgaH E'eEE:: xe I HE8
eE== E5gi
fE€e uiHP
3 Eet ei€ Efl.sEi
=
HE!
*E-="8 si#5FE O-O+19Foc(JrrrN(9\t
(.)o
0o,
o,E
o)
lo
.9!
.=
-9
c;
.E
,9
=
E
P
.9
F
crio9
F-
o
NoN
f
o)-o
Eoooo
j
op
rl)3F
E2dl
o
(s
oof-F-
d)-o
EoE
O
(.)c
=oO
(!I
o
9.,(,(o9lo o
=c o)ol9 0., (!'E- > ()o([00> f ,^-
E= gB
o.= O O-ooEPPoUo
CE F'O
!5'El
o i (!;xE61Hdrd,=o.2 P ogp: j
q 9Il E
QBeH6o t5 oo€-c (5-:orq)obf=LrO"rDE > o)'E i,l= .:
HEgEd E€ b
IoocoN
d)I
.c
.9o
c)
.9zo
@
0.)
,E
ldlpco
o>E
aJc
.9)
o
o)
E
Foc
lcq
ao
(5
.c,ao
o
oo
q)
'6
-oil);
-t4
2o
o).E
o
Eopoo
o-f
ll)
o
oop
Ec([
o)
l
.E
E
oi
o)
ooo-
c
ll)
oEco
o
E
0,
o.)
o)o
E
o
o-
=
.9
U)
=IUz
u;(5oco
CDo
o,E,F
oc,
E
c
o)
;
c
.9
oo
=o
E(.)
o
=
B
iiiiEeiisiEEE
EEisEEE;EEi!i
g;i;EEIEEiEig
iiiiEiBiEiEEi
EgE!iiiEEEEEEE
E
E
E
E
E
9
I
E
E
q
E
,g:;E
I€
3Eg
9
Et
q
n
E 6
-9
I
E
E
e
E
;
E E
.!
I
t;
E
s I
E
P
oO ..o9TE.99
tD=OErooo
(!o
CIIL
(,c;o
t(,oo
o-
>c8.9
o.oeto.J
9i;
d, .=
=o
FE., (,l!.c
=E
iri
.EF
cd
a,
a!o
o
a!
a)oJ
:j
GooiLo
o-
dC
.a5
.9-c(J
>Et.o
o. t!etGJ
I
32
P8eR8RS83FN33egE39E3&EBH8BEE8R8B8888E88EE8EE6 iYi 65 5 5 6 o.o F co o on r- <D (o o (n oQ \ \ tn o
= = ia ; ; l; 6 .. i\ (o dr @ N <r rrl o\ (n ro co € F- o\2m3ififi3fr3f;fi3hfifrts3tsfrSfiS3- ..i ..i e.i ^i - c.r ..1 .{ .{ .! .\r .\ (\ t.! .{ .{ .\t .\ .rl .\ '! r\r
or!>uJuJed e Qzthzzau z uJ uJ
9=d=- =93893i6k5r|,'L^F,F,|G
= = u = c=2==z=ois(,in-i,tObrbOi,4l-6F.FFrNFO-l1or-.rooS6LnoooFra!moro'!-stan<lor6<lrl r^F-lao+t sl ln<r <l
o
ao
zad3B-
EFF'T<i,rroP:E-ur(,iror<
,-r F- F. Joln00or(n<fo
o
(o
z
-Fe=ELFr-ok!li^
^UJ-EdIaYLrt-o<(9-or<.j^zNPo6oo-a!o'roLr, .n F. LA Ln
B - xBsF B*.-e H i s?stss Hs*.^6t84.,i\*sq$ e+t{{ :E
!gE qm EEE:: EE ?nA : g g : g :B
;'F :F g i ge r ?E;F
= =
i * FEE E F :
iE
=
E
-21==E==eE g s 3
====i=aooPo-Er! O 'ttr -. = s P* 6
-6 6 Y zP g
6a sO 6 .'r F z.z-dZv3c2itE3gP o ol-r i 3 3 5 h h E;?iZ o E * 3 X = .' o 3 o $;'S E: E E E f; S H 6 E A * E 3 S 3 9 5 N N S?5*:dss;h:!ddHE55555555l= ^i o v rn Fl O t)) " O Fl Cl! () aO aO d! aO @ !O @ drI:R*RS33383RSI3qeeeeeooF ;.i ;,i i i\i .i .?i .'' € rrt !n rn (o € € .L o- .! o- o- o- o. .L
Yi
'kELzd.<uJ(Jl9 o g * j u g9J < < X t z rJ* 6 (J (J Y t! - (^ .on c1 jH u9E y A Eg
=: 22 ;li BgE .. A, -xZ
=
r e
=
e=l=g g g
e E
= =
;
=
; 3 a i r E
33
Planning Commission Item
December 7, 2021
Item Consider a Request to Amend City Code Pertaining to Private Kennel
Licensing
File No.Item No: B.2
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant
Present Zoning
Land Use
Acerage
Density
34
Applicable
Regulations
Sec. 1-2 – Defines private kennel as more than 2 dogs, more than 3 cats, or any
combination of more than 4 dogs and cats.
Sec. 4-15(d) – Establishes $25.00 kennel license fee for both private and
commercial kennels.
Chapter 5, Article II “Dogs and Cats” – Establishes general rules for keeping
dogs and cats within the city.
Sec. 5-18 and 5-18.1-2 – Requires private kennel license and establishes
criteria for applying for and receiving a private kennel license.
Sec. 13-2 – Lists keeping animals in a manner producing disagreeable noise or
odors as a nuisance. Also lists aggressive dogs, excessively barking dogs, and
dogs that chase things as nuisances.
Sec. 13-51 – Defines when animal noise constitutes a nuisance.
Sec. 20-573 – Lists private kennel as a permitted accessory use in the A2
district.
Sec. 20-593 – Lists private kennel as a permitted accessory use in the RR
district.
Sec. 20-613 – Lists private kennel as a permitted accessory use in the RSF
district.
Sec. 20-634 – Lists private kennel as a conditional use in the R4 district.
Sec. 20-637 – Lists private kennel as an interim use in the R4 district.
SUGGESTED ACTION
SUMMARY
The City’s private kennel license requirement is neither followed nor aggressively enforced, and, as a
result of this, it does not serve its intended function.
BACKGROUND
DISCUSSION
The City requires residents to apply for and receive an annual private kennel license if they have more
than two dogs, more than three cats, or any combination of more than four dogs and cats. Staff believes
that a very small percentage of residents who meet this requirement have the required private kennel
license, and the City has not enforced the license requirement. In practice, the City uses the nuisance
ordinance to address complaints related to animal noise, animals running at large, offensive odors, and
other issues that intersect with the requirements and restrictions of the private kennel license.
Staff does not believe that the private kennel license serves its intended function. Without requiring
residents to register dogs and cats with the City, there is no practical way to identify properties that
require a private kennel license, and unless the City is willing to utilize the court system to compel
residents without a private kennel license to surrender their pets, the license requirement cannot be used
as an enforcement tool. Since the existing nuisance and animal ordinances provide adequate
enforcement mechanisms, the private kennel license is an unnecessary and ineffective administrative
35
requirement. Removing this requirement will remove an administrative duty from staff and eliminate
the need for residents to apply for and pay for an annual permit that does not serve its intended function.
A full discussion in included in the attached staff report.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council amend Chapters 1,
5, and 20 removing the private kennel license requirement.
ATTACHMENTS
Staff Report
36
CITY OT CHAI'IHASSII'I
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Planning Commission
MacKenzie Young-Walters, Associate Planner
December 7, 2021
Private Kennel Licensing
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that the City Council adopt the proposed
amendment to Chapters l, 5, and 20 ofthe City Code, conceming private kennel licensing."
The City's private kennel license requirement is neither followed nor aggressively enforced, and, as
a result of this, it does not serve its intended function.
The City requires residents to apply for and receive an annual private kennel license if they have
more than two dogs, more than 3 cats, or any combination of more than 4 dogs and cats. Staff
believes that a very small percentage ofresidents who meet this requirement have the required
private kennel license, and the City has not enforced the license requirement. In practice, the City
uses the nuisance ordinance to address complaints related to animal noise, animals running at large,
offensive odors, and other issues that intersect wilh the requirements and restrictions of the private
kennel license.
Staff does not believe that the private kennel license serves its intended function. Without requiring
residents to register dogs and cats with the City, there is no practical way to identifi properties that
require a private kennel license, and unless the City is willing to utilize the court system to compel
residents without a private kennel license to sunender their pets, the license requirement cannot be
used as an enforcement tool. Since the existing nuisance and animal ordinances provide adequate
enforcement mechanisms, the private kennel license is an unnecessary and ineffective administrative
requirement. Removing this requirement will remove an administrative duty from staff and eliminate
the need for residents to apply for and pay for an annual permit that does not serve its intended
function.
PH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110
11OO I4ARKET EOULEVARD.PO 8OX I47. CHANHASSEN .MINNESOTA 55317
I ssue:
Summan':
37
Private Kennel Licensing
December 7, 2021
Page 2
Relevant tv Code:
Sec. l-2 - Defines private kennel as more than 2 dogs, more than 3 cats, or any combination of more
than 4 dogs and cats.
Sec. 4-15(d) - Establishes $25.00 kennel license fee for both private and commercial kennels.
Chapter 5, Article II "Dogs and Cats" - Establishes general rules for keeping dogs and cats within
the city.
Sec. 5-18 and 5-18.1-2 - Requires private kennel license and establishes criteria for applying for and
receiving a private kennel license.
Sec. l3-2 - Lists keeping animals in a manner producing disagreeable noise or odors as a nuisance.
Also lists aggressive dogs, excessively barking dogs, and dogs that chase things as nuisances'
Sec. l3-51 - Defines when animal noise constitutes a nuisance.
Sec. 20-573 - Lists private kennel as a permitted accessory use in the A2 district.
Sec. 20-593 - Lists private kennel as a permitted accessory use in the RR district.
Sec. 20-613 - Lists private kennel as a permitted accessory use in the RSF district.
Sec. 20-634 - Lists private kennel as a conditional use in the R4 district.
Sec.20-637 - Lists private kennel as an interim use in the R4 district.
Analvsis:
Issue I: Overview of existing ordinonces
The City defines a private kennel as the keeping of more than 2 dogs, more than 3 cats, or any
combination of more than 4 dogs and cats, and requires pet owners who exceed these thresholds to
apply for and receive a private kennel license. Private kennels are only allowed as permitted uses in
the Agricultural Estate (A2), Rural Residential (RR), and Single-Family Residential (RSF) districts.
They are listed as both a conditional and interim use for the Mixed Low Density Residential (R4)
district. As the interim use classifrcation was passed in 1990 and the conditional use classification
dates to 1986, the interim use classification would take precedence. Private kennels are not an
allowed use in any other zoning district, which means that residents in detached single-family homes
within the Residential Low and Medium Density (RLM) district and all townhome and apartment
dwellers are limited to a maximum of 2 dogs, 3 cats, or 2 dogs and 2 cats.
8lpLn\.ity cod.Uo2 I \p.i!ale tenllcl Frmits *aff repon.docx
38
Private Kennel Licensing
December 7, 2021
Page 3
Pet owners exceeding those thresholds in zoning districts that allow private kennels must apply for
and receive a private kennel license. Within the A2, RR, and RSF district this is an annual
administrative permit with a $25 fee. The City is required to conduct an inspection to veriff the
property conforms to the requirements ofthe City Code and no license is to be issued to any property
owner convicted of cruelty to animals or animal related nuisances. The City Code requires private
kennels to have a sturdy fence, provide housing and shelter for the animals, keep accumulations of
feces away from wells and to reasonable levels, and meet minimum animal welfare standards. The
City is also empowered to revoke the private kennel license ofa property owner violating these
standards or engaging in any conduct constituting a nuisance. In the R4 district, all of the same
standards apply. but rather than an administrative permit an interim use permit ($575 fee + $3 per
address within 500 feet, public hearing, and City Council approval) is required.
The City Code also has general regulations on dogs and cats which prohibit running at large and
abandonment, provide for rabies control, list vaccination and identification requirements, require
waste cleanup, and establish procedures for sizing, impounding, and destroying animals. Additional
prohibitions on keeping animals so as to result in offensive odors, allowing animals to run at large,
keeping aggressive or dangerous dogs, and limits on animal noise are codified within the nuisance
ordinance. Violations ofthe nuisance ordinance are a misdemeanor and can result in a citation. The
City's animal ordinance also empowers the City to seek a court order for the destruction ofany
animal violating the nuisance ordinance or general provisions of the animal ordinance.
Issue 2: Issues with the private kennel license
In 2020 the City sent out 25 notices to properties that staff knows need a private kennel license.
About halfofthe property owners applied for and received the license. The City sent follow up
notices to the property owners who did not apply for renewal but took no further action. Given that
the City has over 9,500 dwelling units, it is very likely that there are more than 25 properties which
meet the definition ofa private kennel; however, the City does not require pet owners to register
their dogs or cats with the City so there is no mechanism to inform residents about the private kennel
license requirement or to let staff know that a property needs a license.
Since there is no mechanism to identiff properties that should be subject to the private kennel
ordinance, most private kennels come to the City's attention when a complaint is received. In these
cases, the City typically informs the pet owner that they need to apply for a private kennel license as
well as recti! the complaint. Failure to rectify the complaint is addressed through citations or other
enforcement actions as provided for in the nuisance and/or general animal ordinance. In cases where
the owner does not apply for a private kennel license, it has never been City practice to require the
surrendering ofthe animals due to the lack ofa private kennel license. Similarly, when a private
kennel license holder decides not to renew their private kennel license, the City has never required
that they remove the animals.
In addition to the issues caused by the lack ofan effective mechanism to identiff properties requiring
a private kennel permit and the ineffectiveness ofthe private kennel as a code enforcement tool, the
amount of stafftime required to administer the ordinance exceeds the revenue generated by the $25
g:\plan (it) cod€\202 I \F irzle keDiel petmils slafr repon.docr
39
Private Kennel Licensing
December 7, 2021
Page 4
application fee. For each private kennel permit, staff must send out a renewal notice, process the
submitted application, and conduct a site inspection to verifo that the private kennel meets the
requirements ofthe ordinance. To provide context, the City currently charges a minimum of$50 for
all permits requiring inspections and charges $50 for all re-inspections.
Finally, the City's treatment of private kennels within the Zoning Code is inconsistent. Staffis
unaware of any reason why a detached single-family home in the RLM district would be less able to
accommodate a private kennel then a twin home in the R4 district or small lot delached single-family
home in a PUDR with underlying RSF zoning. It is also unclear why private kennels within the R4
district are subject to a significantly higher level of scrutiny, City Council approval after a public
hearing versus administrative approval, than those in the RSF district, especially since detached
single-family homes in both districts have the same minimum lot size and setbacks.
Issue 3: Possible consequences of removing privale kennel reqairemenl
The private kennel requirement is intended to make sure that pet owners with larger numbers ofpets
are keeping those animals in acceptable conditions and preventing those animals from being a
nuisance to neighboring properties. The private kennel license also provides staff wilh a
contact/responsible party to follow up with in the event that complaints are received. The City's
ability to revoke and refuse to reissue private kennel licenses in situations where nuisances or
unacceptable conditions are present provides another mechanism for requiring the removal of
problem animals and another tool for the City to use in encouraging voluntary compliance with City
Ordinance. Additionally, the license inspection requirements also make it easier for staff to
investigate complaints about properties with private kennel licenses. Finally, the private kennel
license is the only place in the City Code that requires a sturdy fence for properties with multiple
animals.
The above concems would be significant if the City actively used the private kennel license as an
enforcement tool and had a large number of properties with private kennel licenses; however, with
only l2 properties holding private kennel licenses and the City never using the lack ofa private
kennel license as ajustification for requiring the removal of animals, it is unlikely that removing the
license requirement would have any impact on the City. Every requirement or control imposed by
the private kennel ordinance, except the fence requirement, is present in other sections ofthe City
Code, and those sections ofthe Code are the ones used to address complaints.
A final concem is that without the private kennel ordinance there is no limit on the number ofdogs
and cats that can be kept in the City's multi-family districts. Typically landlords establish their own
pet policies and the City would still be able to enforce the nuisance ordinance if an apartment's pets
were creating an issue. In the case of townhomes and other multi-family ownership, it is not clear
that the City has a compelling interest in limiting the number ofpets that a resident owns, so long as
they are not creating a nuisance.
Alternatives:
g:\pLn\cit) codcgo2 | \tfltalc k€m€l pennits $affrepon dcr
40
Private Kennel Licensing
December 7, 2021
Page 5
Staff recommends Alternative 3. The proposed alterations would be as follows
Sec l-2 Rules of Construction and Definitions
W
Sec 5-18 Kennel License
(a) License requrred. No person shall maintain a priria+eor commercial kennel in the city
without a license.
l{i
ineident
te the agrieulturd use efthe traet er pareel ef land,
Sec 20-573 Permitted Accessory Uses
The following are permitted accessory uses in an "A-2" District:
(a) Accessory agricultural building.
(b) Garage.
(c) Private stables.
(d) Swimming pool.
(e) Tennis court.
(f) Signs.
(g) Home occupations.
(h) One dock.
(i) Roadside stand.
O ++iYate+ennef
ft) Accessory Solar Energy Systems (subject to the requirements ofsection 20-1093).
Sec 20-593 Permitted Accessory Uses
glplan\city code\2o2l\pnvalekemel permils slaff repon docx
1) Resolve zoning inconsistencies relating to private kennels.
2) Require residents to rcgister dogs/cats with the City and resolve zoning inconsistencies
relating to private kennels.
3) Remove the requirement for private kennel licenses.
Recommendation:
41
Private Kennel Licensing
December 7, 2021
Page 6
The following are permitted accessory uses in an "RR" District:
(a) Garage.
(b) Storage building.
(c) Swimming pool.
(d) Tennis court.
(e) Signs.
(f) Home occupation.
(g) One dock.
(h) Roadside stand.
€)-+ri+ate+ennet,
Sec 20-613 Permitted Accessory Uses
The following are permitted accessory uses in an "RSF'District:
(a) Garage
(b) Storage Building
(c) Swimming Pool
(d) Tennis Court
(e) Signs
(f) Home Occupations
(g) One dock
(h)+rivate*snel
(i) Accessory Solm Energy Systems (subject to the requirements of section 20- 1093)'
Sec 20-634 Conditional Uses
The following are conditional uses in an "R-4" District
(a) Churches.
@) Reserved.
(c) Reserved.
(d) Private+enneL
(e) Towers as regulated by article XXX ofthis chapter.
Sec 20-637 Interim Uses
The following are interim uses in the "R-4" District:
(afPri+a*-fennels
(b) Reserved
g:\plaatsity cod.Uo2lwivalc kclBl PeE ls ltafrrepon docx
42
Planning Commission Item
December 7, 2021
Item Approve Planning Commission Meeting Minutes dated November 16, 2021
File No.Item No: C.1
Agenda Section APPROVAL OF MINUTES
Prepared By Jean Steckling, Sr. Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
43
Planning Commission Meeting Minutes dated November 16, 2021
44
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
NOVEMBER 16, 2021
CALL TO ORDER:
Vice Chair von Oven called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug
Reeder, and Kelsey Alto
MEMBERS ABSENT: Steven Weick
STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young-
Walters, Associate Planner; and Erik Henricksen, Project Engineer
PUBLIC PRESENT:
Greg Dattilo 7201 Juniper Avenue
Andy & Anne Larson 3705 S. Cedar Drive
David Gestach 200 Chestnut Street, Chaska
Vice Chair von Oven reviewed guidelines for conducting the Planning Commission meeting.
PUBLIC HEARING:
CONSIDER A REQUEST FOR LOT COVER, SETBACK (FRONT, SIDE, AND
SHORELAND), AND OTHER VARIANCES FOR THE CONSTRUCTION OF A
SINGLE-FAMILY HOME ON PROPERTY LOCATED AT 3703 SOUTH CEDAR
DRIVE
Associate Planner MacKenzie Young-Walters presented the staff report on this item, noting if
the Planning Commission’s decision is less than a 75% majority this item will automatically
move to the City Council. If anyone chooses to appeal the final decision of the Planning
Commission the appeal would be needed by 4:30 p.m. on the following Monday in writing (letter
or email). The property is zoned residential single-family, riparian lot, and Zoning Code requires
these lots to have a 20,000 square foot minimum lot size. He stated this is a very small lot at
5,899 square feet and the lot currently has 47.4% lot cover. He walked through with the
Commissioners the current setbacks and non-conformities on the property. The applicant is
proposing to demolish the existing house and replace it with a new single-family home, as well
as remove the front yard shed and the entirety of the paver patio system from the rear yard. Mr.
Young-Walters stated the applicant has noted that the lot size does not permit the construction of
a modern home and garage without variances, that they are maintaining the existing shoreland
setback, and the proposal decreases the amount of impervious surfaces on the parcel by about
2.4%. A neighboring property to the west on a similarly-sized parcel received a very similar
variance and the applicant feels the proposed home is consistent with what is currently in the
neighborhood and what has been built recently. Staff agrees that the small lot size justifies the
45
Planning Commission Minutes – November 16, 2021
2
setback and lot cover variances and noted that the property is not moving closer to the lake than
the existing non-conforming structure, the driveway width and lot cover are being reduced, as
well as patio and the shed. Staff is recommending approval of the requested setback and lot
cover variances, as well as a buffer requirement.
Greg Dattilo, applicant, believes he is being asked to give up the beach area for his grandkids
and wonders what he will tell the kids when the sandy 10-foot beach is gone. He found this out
earlier in the afternoon prior to the meeting and asked why he has to give up the beach in order to
get the variances. In looking at other neighbors, he sees that they got his neighbor Pam to do it,
but said two wrongs do not make a right.
Commissioner Noyes noted in the packet it indicates that the applicant is willing to replace the
beach area with a vegetative buffer and obviously that is not where they are at today. It was
stated that replacing the sand with vegetation improves the property’s stormwater management.
Noyes asked if there is another way to improve the stormwater management without affecting
the beach.
Mr. Young-Walters replied that areas by the lakes are the most sensitive regions and are
incredibly important to preserve the quality of the water. The single best thing one can do to
improve the water is vegetation as it stops soil erosion and prevents pollutants from making it
into the lake. In 2018, the City Council adopted a plan that stated in order to protect these water
bodies, they would require non-conforming lots to establish a vegetative buffer to protect the
waterways. He noted Pam Reiner at 3617 Red Cedar Point also objected to the buffer
requirement. Mr. Young-Walters said buffer averaging can be used to create a beach area;
hypothetically the applicant could do a longer buffer section in one area and perhaps a beach area
that the buffer could wrap around. It would be subject to engineering approval.
Engineer Erik Henricksen noted there is an ability to have some beach with the vegetative buffer;
the condition to have a vegetative buffer does not necessarily eliminate the beach itself
depending on the design.
Commissioner Skistad wonders on smaller lots whether they should look at the lot size and the
amount of buffer required.
Mr. Henricksen noted the DNR recommends anywhere from 25-50 feet of buffer, and also
indicates that 10-20 feet can also provide some water qualit y benefits. For non-conforming lots,
the minimum from a policy standpoint is 10 feet, however based on precedence from water
resource coordinators and technical experts, 20 feet has been set as the precedent.
Commissioner Reeder asked the applicant if it is possible to have a beach and put some of the
vegetative buffer there.
Mr. Dattilo replied, yes, as long as he can have a beach at least the same size. He wants to protect
the lake, as well, and is good with the 10 feet.
Vice Chair von Oven opened the public hearing.
46
Planning Commission Minutes – November 16, 2021
3
Vice Chair von Oven closed the public hearing.
Commissioner Alto believes they need to be very careful in approaching this as with a small lot
size it sets precedent for developers who buy big lots and want to break them down into smaller
lots. If the Planning Commission is willing to cave on some of these variances to allow people to
have a bigger beach, it is more attractive to those developers.
Commissioner Noyes heard what Commissioner Alto is saying but thinks if a developer came
and asked to divide a large lot into a non-conforming lot the answer would be no.
Chair von Oven is not worried as much about setting a precedent. He has a hard time believing
that the lot has any effect on Lake Minnewashta because the lot is so small. He noted if there is
time to table and work out a compromise or agreement he would be in favor of that.
Commissioner Reeder would be hard-pressed to remove this beach that has been there for 100
years but would like to give staff the opportunity to come up with a solution that everyone can
live with.
Commissioner Skistad asked if the applicant could keep his beach and put a buffer in front of it.
Mr. Young-Walters replied there would be the water, then the beach, and then 10 feet of buffer
with a walkway and some averaging.
Commissioner Skistad feels that would be a win-win as the applicant is willing to add
preservation to the lake.
Commissioner Reeder moved, Commissioner Noyes seconded to table the item and direct
staff to work with the applicant to reach an agreement on the shoreline. All voted in favor
and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES:
APPROVAL OF PLANNING COMMISSION MINUTES DATED OCTOBER 19, 2021
Commissioner Noyes noted the summary minutes of the Planning Commission meeting
dated October 19, 2021 as presented.
ADMINISTRATIVE PRESENTATIONS:
City Council Action Update
Community Development Director Aanenson updated the Commissioners on approvals
regarding the Avienda Preliminary Plat, the interim use for the Black Cherry Development, and
an interim use for a berm on Foxwood Road.
47
Planning Commission Minutes – November 16, 2021
4
Discuss Fringe Business District Reclassifying Conditional Uses as Interim Uses
Ms. Aanenson stated with Highway 101 being open and that a corridor study for County Road 61
had been done. She clarified some uses down there are interim uses with an end-date and others
are conditional uses that are in perpetuity, so staff wants to clean that up on those properties.
Mr. Young-Walters shared that notices were sent to about a dozen property owners regarding an
open house to discuss the changes on November 10, 2021. No one contacted the City or attended
the open house.
Ms. Aanenson noted the next Planning Commission meeting would be on Tuesday, December 7,
2021.
ADJOURNMENT:
Commissioner Skistad 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 7:59 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Jean Steckling
Sr. Admin. Support Specialist
48
Planning Commission Item
December 7, 2021
Item City Council Action Update
File No.Item No: D.1
Agenda Section ADMINISTRATIVE PRESENTATIONS
Prepared By Jean Steckling, Sr. Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
49
City Council Action Update
50
City Council Action Update
MONDAY, NOVEMBER 22, 2021
Approve a Request for Subdivision of Three Parcels into Three Lots and One Outlot and Site Plan
Review for Development of an Approximately 82,000-Square Foot, One-Story Office-Warehouse
Building Located at 2100 Stoughton Avenue (River Valley Industrial Center) – Approved
Fringe Business (BF) District Reclassifying Conditional Uses as Interim Uses Next Steps – Discussion
Minutes for these meetings can be viewed and downloaded from the city’s website at
www.ci.chanhassen.mn.us, and click on “Agendas and Minutes” from the left-side links.
51