PC Staff Report 12-7-21Planning 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.
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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
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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.
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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.
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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
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N 19°01'53" W 85.36'N 01°21'53" W 56.70'S 19°22'46"
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VANR ID G ERIDGE
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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
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(Next RecordD(TAX_NAM Etl
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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
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