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1985 10 23 e PLANNING COMMISSION MINUTES REGULAR MEETING OCTOBER 23, 1985 Chairman Ryan called the meeting to order at 7:30 p.m. MEMBERS PRESENT Steven Emmings, Robert Siegel, Bill Ryan, Ladd Conrad, Howard Noziska and Mike Thompson. MEMBERS ABSENT None STAFF PRESENT Barbara Dacy, City Planner and Vicki Churchill, Secretary. PUBLIC HEARING Conditional Use Permit to allow a contractor's yard activity on property zoned R-la, Agricultural Residence and located at 4141 Kings Road, Carlson Excavating, applicant Public Present e Mr. and Mrs. Carlson Al Klingelhutz applicant Dacy stated that this item was tabled from last fall until more information could be received about what type of screening mecha- nisms were going to be employed on site to screen the contrac- tor's yard equipment and vehicles. She stated that staff met with the applicant on a couple of occasions regarding landscaping costs and the possible location of a pole barn. She stated that the City Attorney's Office notified the applicant that they had to wrap up their application in the near future and consequently they reapplied. She stated that staff has not received any more information as of this date than they had last fall and staff is recommending that we resolve this matter as soon as possible. Mr. Carlson stated that as far as a new building, the prices have gotten out of hand and he is looking for a used building. He stated that he has someone looking right now for him, but the only ones that have been available have been fairly small. Ryan asked him if he could meet the deadline of December 1st for a building? - Mr. Carlson stated that he did not know but he was not going to buy a brand new building. He stated that as far as cleaning up the place, he has cleaned up the south side of his property. He stated that he wants to put the vehicles in the barn. He stated that they all work but he does not want to license all of them. e Planning Commission Minutes October 23, 1985 Page 2 Mr. Carlson stated that he applied for a building permit for a pole barn in 1973 and the city denied it. He was concerned that once he found a building the city would not let him put it on site. Dacy stated that the objective of this application is to have a structure on site. She explained that if the Planning Commission and City Council approves the conditional use permit he will be able to construct the building. Ryan stated that the Commission is also concerned about the clean up of the property. Mrs. Carlson stated that the lower area is all cleaned up. Dacy stated that the vehicles are still being stored on site adjacent to Kings Road. Ryan stated that really the only conditions were to clean up the property and that no expansion of the activity occur. e Mr. Carlson stated that you can't be in business unless you expand. He stated that a business is like any other job, if you get a promotion, you move up, nobody holds you down. He stated that there are bound to be a few changes, as far as equipment, you get rid of some and gain some. M. Thompson asked if the site has improved since last fall? Dacy felt that it has not changed. She stated that they have cleaned up some of the area. She stated that the primary issue is to screen the vehicles. ? stated that he has lived next to Mr. Carlson for about 20 to 25 years and they have always gotten along fine. He stated that he also recalls when the city refused him a permit to build a barn. He stated that he has no problem if the vehicles are stored inside and felt that there would be no problems in the neighborhood. He also stated that his only question is if this use is a legal use in a residential area. He stated he did not think the use would be good for the road. Emmings stated that in 1973 contractor's yard activities were not permitted uses and that was the reason for denial of the building permit. '- Dacy stated that contractor's yard activities were not allowed as conditional uses until August of 1984. e Planning Commission Minutes October 23, 1985 Page 3 M. Thompson moved, seconded by Emmings, to close the public hearing. All voted in favor and the motion carried. M. Thompson stated that the applicant has the alternative of storing vehicles and equipment at another site. He felt that based on the experience they had with the applicant one year ago he doesn't feel their intent was to comply with the city's wishes and feels the application should be denied. Conrad asked M. Thompson what would be accomplished by denying the permit? M. Thompson stated that he does not think that it should be a contractor's yard in that area and would deny it as a matter of principle and there is no criteria in which to establish why this should be a contractor's yard. e Conrad stated that Chanhassen is growing and the Commission is trying to monitor some of the businesses that we do not have a lot of control of and can become offensive. He also stated to that in the application is stated what the applicant has or wants and that should not be expanded from that. He stated that the applicant can come in and apply for expansion in the future and the Commission will take a look at it. Siegel asked what has been done in the past on conditional use permits when the applicant cannot meet conditions that are recom- mended? Dacy stated that all of the previous contractor's yard con- ditional use permits have been approved. She stated that if the conditional use permit was denied, the applicant would not be able to operate his business from the site. She stated that the applicant would have the right to pursue that in court. She stated that she felt that the Carlson's are trying to conform with the recommendations, it is just that they cannot get the building up before December 1st. Siegel asked why screening the property with fencing and vegeta- tion could not be accomplished in a more economical fashion rather than putting up a new building? He stated that Mr. Carlson is a contractor, where he could build a berm, plant vegetation and put up a fence. Mr. Carlson stated that if a fence was put up, snow drifts into the yard on the inside of the fence and block the driveway. He stated that some places are 2~ feet lower than the road and a ten foot fence would have to be put up to screen the lower area. e Mrs. Carlson stated that an estimate was done on fencing and landscape screening and it was about $6,000 and they would rather have a pole barn for that amount. e Planning Commission Minutes October 23, 1985 Page 4 Emmings felt that the permit should be granted with staff's recommendations except say that any expansion would be limited by his ability to keep it under the roof, in terms of equipment. He felt that the condition of a structure being erected by December 1st should be extended to nine months because of the winter months. He felt that they are trying to comply. He stated that if at the end of nine months if the conditions are not met the permit would be revoked and then at that time reassess for viola- tions and possible litigation. Ryan felt that the applicant's current neighbor is supporting his activity. He stated that he would like to see the applicant get the conditional use permit. He stated that the materials for his business can be stored on site for a reasonable period of time, because it will be expended to the job site. Conrad moved, seconded by Siegel, to recommend the City Council approve Conditional Use Permit #84-19 with the following con- ditions: 1. That a structure be erected on site in conformance with the setbacks of the R-la District by June 30, 1986. e 2. All vehicles shall be stored inside the structure. 3. All unlicensed vehicles, litter, and debris shall be removed from the site by December 1, 1985. 4. Expansion of the contractor's yard activity beyond what has been represented in this application must be approved by a conditional use permit. Noziska, Conrad, Ryan, Siegel and Emmings voted in favor. M. Thompson abstained. Motion carried. NEW ZONING ORDINANCE INFORMATIONAL MEETING Dacy stated that the Business Community will be notified of the new draft and will be invited to the next Planning Commission meeting for any comments or questions they have. PLANNING COMMISSION VACANY Dacy stated that staff has advertised in the Carver County Herald for the vacancy on the Commission but has received no response. Staff was directed to readvertise in the Herald, the Sailor and the South Shore News. e Conrad moved, seconded by Noziska to adjourn the meeting at 9:30 p.m. All voted in favor and the motion carried.