staff report Degler Farm IUP amendCITY OF CHANHASSEN
PC DATE: March 1, 2022
CC DATE: March 21, 2022
REVIEW DEADLINE: March 29, 2022
CASE #: 2021-13A
BY: RG, EH, DN, JR, JS, ET, MU
SUMMARY OF REQUEST: Consider a request to amend the termination date of an Interim
Use Permit in the Agricultural Estate District for an Agritourism Use.
LOCATION: 9111 Audubon Road
APPLICANT: Applicant: Todd Degler
112131 Haering Lane
Chaska, MN 55318
Property Owner: Gayle Degler
541 Pine View Court
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District (A-2)
2040 LAND USE PLAN: Office Industrial
ACREAGE: 63.67 acres
LEVEL OF CITY DISCRETION IN DECISION-
MAKING:
The City has limited discretion in approving or denying interim use permits, based on whether or
not the proposal meets the use standards outlined in the Zoning Ordinance. If the City finds that all
the applicable use standards are met, the permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends City Council approve an amendment to
Interim Use Permit #2021-13 regarding Agritourism at 9111 Audubon Road to extend the
termination date to 50 years;
And
Adopts the Findings of Fact and Recommendation.”
Degler Farm IUP Amendment
March 1, 2022
Page 2
PROPOSAL/SUMMARY
The applicant is requesting an amendment to the termination date of the Interim Use Permit #2021-
13 to perpetuity. The Degler’s were concerned that the five-year termination date was a major
problem for their operation. They felt that the City could deny an extension of the Degler Farm IUP
without cause. An acceptable time would provide a longer term horizon for the recouping of
Agritourism attraction costs. Additionally, it would allow them to determine when the Agirtourism
ended at some interim time.
APPLICABLE REGULATIONS
Chapter 20, Article IV, Division 3, Standards for Agricultural and Residential Districts
Chapter 20, Article IV, Div. 5. Interim Use Permits
Chapter 20, Article X, Agricultural Estate District, A-2
BACKGROUND
The applicant currently farms their property. They would like to extend the termination date for the
Agritourism use as part of their farming operation.
On August 9, 2021, City Council approved:
The ordinance amending sections 1-2, 20-252, and 20-576 regarding Agritourism; and
An Interim Use Permit (IUP) for Agritourism Use at 9111 Audubon Road with a termination date of
five (5) years.
SITE CONSTRAINTS
Bluff Creek Corridor
This property is located within the Bluff Creek Overlay District (BCOD).
The City of Chanhassen established the Bluff Creek Overlay District (BCOD) by ordinance in 1998
to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through
the use of careful site design and other low-impact practices. This parcel is partially encumbered by
the BCOD. Section 20-1255 of the Chanhassen City Code requires a conditional use permit for all
development within the Bluff Creek Corridor.
The Bluff Creek Corridor primary zone is located on the property. The Primary Corridor is
designated open space. All structures must meet a 40-foot structural setback from the Primary
Corridor boundary as required by Chanhassen City Code. In addition, no grading is allowed within
the first 20 feet of the Primary Corridor.
Degler Farm IUP Amendment
March 1, 2022
Page 3
The proposed development shall not impact the BCOD. No grading or vegetative alterations shall be
permitted in the BCOD Primary Zone.
Wetland Protection
There is a wetland located on the property. The proposed development should not impact this
wetland.
Bluff Protection
There are bluffs on the property. The proposed development should not impact the bluffs.
Shoreland Management
The property is located within a shoreland protection district.
Floodplain Overlay
This property is not within a floodplain.
SURROUNDING ZONING AND USES
The property to the west is in the city of Chaska. Two single-family homes are located to the west of
the site. The Preserve at Bluff Creek is located to the east across Bluff Creek. Liberty at Bluff
Creek is located to the south of the site. The Bluff Creek Primary Corridor wraps around the
southern and eastern portions of the property.
INTERIM USE PERMIT
The applicant is requesting an amendment to the termination date for the interim use permit for the
Agritourism use of the property.
City Code: Sec 20-323 Termination
An interim use permit shall terminate on the happening of any of the following events, whichever
first occurs:
1. The date stated in the permit;
2. Upon violation of conditions under which the permit was issued;
3. Upon change in the City's zoning regulations which renders the use nonconforming;
4. Upon the subdivision of the property or the alteration of the lot lines of the property.
State Statute: 394.303 INTERIM USES.
Subdivision 1.Definition.
An "interim use" is a temporary use of property until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer permit it. The date or event that will terminate
the use can be identified with certainty.
Degler Farm IUP Amendment
March 1, 2022
Page 4
Agritourism Operation:
Degler Farm IUP Amendment
March 1, 2022
Page 5
ACCESS
Access to the property is from Audubon Road (County Road 15). All conditions set forth by Carver
County shall be addressed by the applicant, and all permits required shall be obtained prior to the
commencement of and during operation of the Agritourism operations.
ANALYSIS
This area guided for office industrial uses with the Bluff Creek primary corridor guided for
permanent open space. As such continuation of the use in perpetuity is inconsistent with the City’s
Comprehensive Plan.
Interim Use Permits, pursuant to City Code and State Statute, require a termination date.
MISCELLANEOUS
The IUP was originally approved for a period of five (5) years from the date of City Council
approval. This timeframe was intended to allow for the use to get established on the site and the City
to evaluate the impact of the use on the community. Even with the extension of the time frame for
termination of the use, there are other mechanisms to end the use due to violation of the conditions
of the permit, changes in City zoning regulations, or subdivision of the property.
Any change in use of the current buildings on site, including the barn, will require it to come up to
building and fire codes. This will invoke MN Statute 1306, which will require the buildings to be
fitted with a Fire Suppression System and Fire Alarm System to monitor the Suppression System.
They would also need to address egress, exit and emergency lighting, door hardware, fire-rated
construction, and many other fire code-related items when it comes to change in use and access to
the general public. This includes bringing people through or any public access to a building, or the
construction or use of an observation tower. A tower will need to be built to current Building Code.
Safety concerns with the items on site such as: pumpkin canons, pumpkin catapult, zip lines, swings,
etc. Department of Labor and Industry is responsible for overseeing licensing for these items, which
are regulated by Minnesota Statutes Chapter 184B, Amusement Rides.
Corn/Straw Mazes – Any and all ignition sources will need to be a great distance away, including
open flame (recreational fire pits). Corn/straw mazes are highly combustible and can trap people
inside if a fire develops. Some research into history of corn maze fires states all vehicle parking and
any sources of ignition, such as campfires and smoking, be at least 75 feet away at all times.
Emergency Responder access – Will need to maintain emergency vehicle access to all areas on site
and entrance and egress. Will require proper road surface for emergency and fire vehicles. Possible
vehicle turnaround area depending on distances.
A fire hydrant will be required to be placed on site.
Degler Farm IUP Amendment
March 1, 2022
Page 6
Sec 20-27 Revocation, Modification, Etc., Of Permits, Authorizations, Etc.
The city manager may issue an order to the owner or occupant of any premises to cease and desist
the use of such premises immediately, when such premises are being used in a manner creating
substantial hazard to the public health, safety or welfare, or in violation of any permit issued
pursuant hereto. The city manager shall have the power to prevent unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or use of lands or structures within the
city and to restrain, correct or abate such violations, or to prevent the occupancy of buildings,
structures or lands, or prevent any illegal act, conduct, business, or use on or about said premises and
may use the city attorney, police and other personnel in accomplishing these duties.
Accessory agriculture buildings used for Agritourism Events must meet existing Building Code.
Existing buildings will more than likely change in occupancy type for this type of business, which
will require both the Fire Marshal and Building Official to confirm use, occupancy type, and
applicable codes for public use. A full architectural analysis would be required into items such as:
fire safety, egress, structural integrity, use and occupancy type, as well as many other applicable
codes. Special permission may not be given to leave existing buildings “as is” for use in
Agritourism.
One of the conditions of approval of the Interim Use Permit is an annual report of the activities
proposed for the upcoming year and an updated site plan with the parking location for the year shall
be submitted to the City by May 1st each year. As a follow-up to this report, site inspections shall be
performed prior to beginning the years activities.
PERMITS
Permits from the appropriate regulatory agencies must be obtained; including but not limited to the
Minnesota Department of Labor and Industry, Minnesota Agricultural Department, Minnesota
Pollution Control Agency, Riley Purgatory Bluff Creek Watershed District and Carver County.
UTILITIES
City utilities are available to the property. Water is located in Audubon Road. Sewer is located in
Lyman Boulevard and at the northeast corner of the property. However, none have been extended
into the interior of the site.
Sanitary facilities shall be provided for use of the visitors to the site. Such use shall comply with
Building Code or meet the requirements for chemical toilets spelled out in the Agritourism
Standards.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the amendment for a fifty
(50) year termination date to the Interim Use Permit to permit the Agritourism use on the property
and restates the other existing conditions:
Degler Farm IUP Amendment
March 1, 2022
Page 7
Interim Use Permit
Building:
1. Accessible parking shall be located on an improved, centralized, permanent surface and shall
be based on the maximum parking provided based on the rotational parking plan.
Engineering:
1. All conditions set forth by Carver County shall be addressed by the applicant, and all permits
required shall be obtained prior to the commencement of Agritainment operations.
2. Parking capacity shall be based on city standard parking lot layout.
3. Corn rows are acceptable screening for parking lots.
Fire:
1. Corn mazes and straw maze shall be at least 75 feet away from all vehicular parking and all
ignition sources, including open flame (recreational fire pits).
2. Will require a fire hydrant to be placed on site.
Planning:
1. The Interim Use Permit shall terminate fifty (50) years from the date of City Council
approval.
2. Buildings and use areas shall be as shown on approved Exhibit B. Additional buildings shall
require an amendment to the Interim Use Permit.
3. Sanitary facilities shall be provided for site visitors.
4. The use of the subject property must be in general conformance with the attached Exhibit B.
An annual report of the activities proposed for the upcoming year and an updated site plan
with the parking location for the year shall be submitted to the City by May 1st each year.
Water Resources:
1. The applicant shall incorporate Bluff Creek Overlay District (BCOD) Conservation Area
signage within the BCOD portion of the site. These signposts would not impede the
applicant’s ability to use the site for agriculture. Precise amount and location of signage must
be approved by the City’s Water Resources Engineer.
And
Adopt the Findings of Fact and Recommendation.
ATTACHMENTS
1. Findings of Fact and Recommendation
Degler Farm IUP Amendment
March 1, 2022
Page 8
2. Development Review Application
3. Interim Use Permit #2021-13
g:\plan\2021 planning cases\21-13a degler farm center iup amendment\staff report degler farm iup amend.docx