CC Minutes 10-23-06
City Council Meeting - October 23, 2006
Mayor Furlong: No. I just comments on the open house. I know I was there and others were
too. It was well done as usual so I want to extend our thanks to all the members of the fire
department and all the retirees who come out in force to help out and really put on a good show.
And so I know it was well received. I heard a number of comments from people in the gallery,
how much fun they had so.
Chief Greg Geske: It's doing it every year, we do a pretty good job in making minutes on it so I
think our ice cream came down to a half gallon left and we were out of cones and likewise on
the, went a little long on the hot dogs but other than that, like I say it was a great day and we got
lots of good comments back too. Thank you.
GOLF ZONE, 825 FLYING CLOUD DRIVE, APPLICANT JEFF HELSTROM:
REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 98-2, CONDITIONAL
USE PERMIT AND SITE PLAN REVIEW WITH VARIANCES FOR A PROPOSED
ADDITION TO THE PRINCIPAL STRUCTURE.
Sharmeen AI-Jaff: Good evening Mayor Furlong, members of the City Council. The site is
located south of Highway 212 west of Highway 101. It has approximately an area of 90 acres.
Of those 90 acres, there are 6 acres that are upland. The site is currently zoned agricultural estate
district. It is occupied by a building and a driving range. This is an interim use permit in the
agricultural estate district. The applicant is requesting is to increase the size of the club house
from approximately 1,000 square feet to a little over 11,000 square feet. This will require 2
variances. The first variance deals with the size of the building. This district and within golf
ranges, the maximum size of a building may not exceed 800 square feet. With this request the
applicant is requesting to increase the size to 11,000 square feet. The second request deals with
the exterior materials of the building. The city code allows primary exterior materials to be, to
consist of either brick, stone, glass, masonry, wood, or tilt-up concrete panels that are grid or
brick like in appearance. What the applicant is proposing is metal and this would be the exterior
material on the building. This material would require a variance under our city code
requirements. With this request there are a few issues that we need to point out. The first one
basically deals with our comprehensive plan. It is city staffs intent to study the corridor along
101 as we update the comprehensive plan. The intent is to complete this study by 2008. One of
the things that we intend to look at is, are there any higher and better uses of this site. As I
mentioned earlier, currently it is zoned agriculture and currently it is guided large lot and open
space. We believe that the 6 acres, the upland 6 acres could have a higher and better use. One of
the other things that we are looking at is, as I mentioned, the 101 corridor. Part of the
comprehensive plan will look at this Highway 101 realignment which could impact this specific
site. We also need to look at the materials along the exterior of this building. With the proposed
expansion and with the investment that the applicant is putting into this building, is this
beginning to turn into a permanent building or is it still going to be discontinued? The use will
be discontinued in the year 2020 when this interim use is proposed to expire. Third, if this
building does become a permanent building, then the question that we ask ourselves is, with the
metal exterior on this building, will we be able to have a design that will be compatible with
potentially new buildings along the 101 corridor. So these are just issues that we wanted to
present to you. Bring it to your attention. The Planning Commission did vote on this application
and recommended denial with a vote of 4-3. Staff did prepare 3 recommendations for you. The
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City Council Meeting - October 23, 2006
first one is a denial recommendation of the request. The second one, motion B would
recommend approval of the building square footage and deny the building material. And the
third motion, which is motion C recommends approval of both variances. The square footage as
well as the exterior materials on the building. And with that I'll be happy to answer any
questions you might have.
Mayor Furlong: Okay, thank you. Questions for staff.
Councilman Lundquist: Sharmeen, the other uses that are around that area now, are they
permanent? The nursery or whatever that is across the street from the site. And the motel thing
that's over there. Are those?
Sharmeen AI-Jaff: They are conditional uses.
Councilman Lundquist: Conditional uses.
Sharmeen AI-J aff: Correct, and we do intend to look at those uses as well. As part of the overall
study but they are conditional uses and yes, they are, they are a different zoning district.
Councilman Lundquist: Sure. And how bout the junkyard down the road? That's a whole
different deal right?
Sharmeen AI-J aff: That is a different deal.
Councilman Lundquist: Alright. There's nothing else really along there, is there?
Sharmeen AI-Jaff: There's the stables and the kennels.
Councilman Lundquist: Yeah, that's up the hill further though.
Sharmeen AI-Jaff: That's up the hill.
Councilman Lundquist: There's really nothing else along the, okay.
Councilman Peterson: Is that zoned, I don't remember whether that's.
Sharmeen AI-Jaff: That is Fringe Business District and the exterior material on the building did
receive a variance, and it mainly dealt with feces from the animals. They wanted a material that
they could keep clean.
Mayor Furlong: You mentioned conditional use permit and that's what the nursery is and that's
what the motel is. Is the kennel and stables, that's an interim use permit? Is that current...
Sharmeen AI-Jaff: No, that's a conditional use permit as well.
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City Council Meeting - October 23, 2006
Mayor Furlong: That's conditional use. What's the difference between the conditional use
permit and that interim use permit, because this is interim use permit correct?
Sharmeen AI-Jaff: This is an interim use meaning there is a sunset on it. There comes a time
when the use will be discontinued. In this case the deadline on the, this permit will expire in the
year 2020. With conditional uses, there is no expiration date on them. You can revoke them if
they don't comply with conditions of approval but they're ongoing.
Mayor Furlong: Where else are there interim use permits? Are there any along, I thought the
stables was, but you're saying that was condition, that's conditional?
Sharmeen AI-Jaff: That's a conditional use.
Mayor Furlong: So are there any others?
Sharmeen AI-Jaff: Typically with interim uses, we have, grading permits have an interim use
typically. Mining operations. Moon Valley had an interim use permit. Across the street until
such time when development did take place. So there is always a sunset on interim uses.
Mayor Furlong: But in terms of.
Sharmeen AI-Jaff: Businesses?
Mayor Furlong: Of businesses.
Sharmeen AI-Jaff: I'm sorry, none are coming to mind at this moment.
Mayor Furlong: Okay.
Councilman Lundquist: What would be, Sharmeen what would be the process to do something
other than interim use permit? Mr. Helstrom decided that in 2015 he wanted, or in 2019 he
wanted to stay there. Can that be, is it an application for a request for zoning change or a
conditional use or any of the above or?
Sharmeen AI-Jaff: Both. He can come before the City Council and request an extension of the
interim use permit and that would be an amendment and at that point the City Council could
choose to extend the deadline from 2020 to whatever you see fit.
Councilman Lundquist: Okay. And at that point if there was, can that be requested to be, have
the zoning changed on it or apply for a conditional use at the sunset of that interim use?
Sharmeen AI-Jaff: You can, right now if we look at the existing zoning on the site, it is
agricultural estate district. Within that district, the only way you can have a driving range is
through an interim use permit. It is not a conditional use.
Councilman Lundquist: Understand.
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City Council Meeting - October 23,2006
Sharmeen AI-Jaff: Then we would need to amend our city code to allow the use to turn into a
conditional use.
Councilman Lundquist: Or can the owner come in and ask, or apply to have that land use
amendment to have that zoning changed to whatever it would be. Business district or whatever.
Something that would allow that use. Or could he apply for a conditional use that would allow
that use over that, on a property that has an interim use permit on it? Maybe I'm asking the
question wrong.
Mayor Furlong: Anybody can apply for anything they want to.
Councilman Lundquist: Okay.
Mayor Furlong: What I'm hearing is.
Sharmeen AI-Jaff: Yeah...is permitted in the district.
Mayor Furlong: Being consistent with the comprehensive plan or our zoning, you're saying this
type of use is an interim use, is allowed under interim use permit.
Councilman Lundquist: Because we don't allow driving ranges anywhere in this city?
Sharmeen AI-Jaff: That's correct.
Councilman Lundquist: Is what you're saying. Okay, got it.
Mayor Furlong: Well with an interim use permit.
Councilman Lundquist: Right. Understand. Yeah.
Todd Gerhardt: But Sharmeen, if we were to look at this property and the applicant was to come
in and request that it be rezoned to a commercial use, then the interim use it has right now, staff
would probably shy away from that because we don't have sewer and water down there yet.
Sharmeen AI-Jaff: Correct.
Todd Gerhardt: And until such time it would be guided potentially for commercial or an office
use. Something that we should be looking at as a part of our 2008 comp plan update, but to
rezone it to commercial right now would be difficult because we haven't provided those services
and they would you know, that would give him the right to put a commercial or intensify the use
of the property without having sewer and water down there. Particular water to kind of protect
the area for fires and things like that.
Councilman Lundquist: Okay, thank you.
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City Council Meeting - October 23,2006
Mayor Furlong: Any other questions of staff at this point?
Councilwoman Tjornhom: Thanks Sharmeen. In the report it...is that if this is approved, his
building is allowed to expand. That it could then eventually turn into a permanent situation.
Sharmeen AI-Jaff: Correct.
Councilwoman Tjornhom: How can that be if he only has this permit until 2020?
Sharmeen AI-Jaff: It's a concern when, whenever you put in an investment into a property, a
large investment, if there is a sunset on the use, how much of an investment do you want to put
into this property? How much improvement do you want to put in, and that was the only
concern that staff had. We just wanted to bring it to your attention. There is of course the only
way the use can turn into a permanent use is if the council approves this.
Councilwoman Tjornhom: Okay.
Mayor Furlong: Councilman Peterson, questions?
Councilman Peterson: I'll do another what if for you.
Sharmeen AI-Jaff: Okay.
Councilman Peterson: I'll pepper you with what ifs tonight. Let's assume that we might approve
this building tonight as it is, with materials that you presented. And in 2020 he comes back and
asks for an extension of the interim use. But the area now has improved. Has changed it's
character and we like, we like the idea of maintaining that business there but we want to upgrade
his buildings. At least the fa<;:ade. I'm assuming that we could make that a condition of approval
to either put on, meet city code with the building structures as they are, or not approve it. I'll
look to you or Roger for the answer to that. Is that a reasonable condition to extend an interim
use in 2020 if we want to?
Roger Knutson: I think it would be. I don't know enough about the construction techniques,
whether you, how that would work. Whether you can put something on over this material or if
you have to tear it off and how would construction but in theory.
Councilman Peterson: Yeah. Thank you for your brief answer.
Mayor Furlong: Question on the size. You said that the current ordinance allows I think 800
square feet for a structure. He's got a little under 1,000 square feet right now which was
approved at the time.
Sharmeen AI-Jaff: Correct.
Mayor Furlong: Is that correct? Originally because that's what the size of the building was.
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City Council Meeting - October 23,2006
Sharmeen AI-Jaff: There are a couple variances that have come in. The first one was the 800
square feet and then following that the applicant came in with the intent of building a second
story which he never did, but that required another second story over the club house part. Part of
the club house.
Mayor Furlong: Was that requested and approved and never followed through on?
Sharmeen AI-Jaff: Correct.
Mayor Furlong: Or was it, okay. So what was approved earlier was then about twice that size?
One was 2,000 square feet?
Sharmeen AI-Jaff: Correct.
Mayor Furlong: Or 1,800. Okay. Alright. And the, the driving stalls, or the range house that is
there that currently has the cover to them, is that considered part of the structure or did that also
require, is that just considered normal as a part of...
Sharmeen AI-Jaff: That was a separate structure. It was not included with the 1,000 square feet.
Mayor Furlong: Okay. Okay, any other questions at this point? We may have some others later
on. Okay. Anything else at this point? Okay, thank you. I'd like to invite the applicant to come
: forward. Mr. Helstrom, good evening.
'Jeff Helstrom: Hi. Jeff Helstrom with Golf Zone. In 2020 I'll have some really nice
landscaping down there. I guarantee that. 10 years ago I set out to build a basically year round
driving range where people could come and hit their golf balls. There really never had been one
built around and it was successful but I found that over the years I needed to add and adapt and
bring in new clientele because the winter just didn't cut it. I added a putting course and I also
added a par 3 course, and that really helped bring the families in in the summer, but as the years
went on I realized I really needed to get those families in in the winter too. And that's why I
came up with this idea to have a literally heated enclosed area that mom and the kids and dad can
come down. Dad can hit balls. Mom can be inside where it's warm. You know I don't know if
you've been to my place but I have such a small area. It's not even really comfortable for mom to
come down there if the kids are hitting balls. There's hardly anywhere to sit. I needed like an
extended reception area. A place to do some putting and do some different things. Where the
family could come down and enjoy it and do something different other than just hitting balls.
And that's why I came up with this idea. Initially I was looking at adding stalls and it didn't
bring in that clientele and so that's why I changed my mind and... that's why I'm here.
Mayor Furlong: What's going to be inside the building then? In the 11,000 square feet, what's
going to be in there?
Jeff Helstrom: There'll be a reception area of approximately 1,500 square feet. There'll be an
area where we can sit, not only a bar. I have a 3.2 license but we'll have an area with a big
screen TV where people can sit. 800 square foot putting green where you can practice putting.
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City Council Meeting - October 23, 2006
And then there'll be a number of putting holes on the back side. I'm going to have some water
features. It's going to be basically like something you have in the summer. It's going to be
heated and just a big difference from what I have now.
Mayor Furlong: So when you say putting holes, will that be similar to what you have in the
front?
Jeff Helstrom: Yeah, like a putting course.
Mayor Furlong: A putting course.
Jeff Helstrom: Yeah, I don't have the exact layout yet but yeah, similar to that. Except artificial
grass. And out front I'll have a real grass putting course. So I feel that you know it'd be great to
get those people to come in the winter and we have like 400 kids in our junior programs and they
just disappear in the winter. We don't see them until next summer and with this we'll you know
get them. Get families back in and have a good time in the winter too.
Mayor Furlong: Questions? I guess the one question I have that's been tossed around here is,
with the current interim use permit, it runstil 2020.
Jeff Helstrom: Right.
Mayor Furlong: What's your intention at that point?
Jeff Helstrom: My intention is to run my business until it's not viable to do so. I would expect
that I would continue to run my business. I mean there's so few driving ranges around the cities
now. Property gets more expensive and the driving ranges just go away and that's why I built
down there. It was an area where I could put up a reasonable structure. Pole barn type structure,
which is out there now. That's what I have in my stalls. The same material. And that's what I
wanted to match it basically. Tie the whole thing together. But anyways, driving ranges go
away and I just thought I could, it'd work great. I could build down there. It's kind of the bottom
of the hill. I wasn't really up in Chanhassen. I was able to build with those materials and I'd like
to keep it a driving range, but if that doesn't, I mean it just depends on what the market tells me
at that point. So kind of a wait and see what happens. Because a lot of the stuff we've talking
about, we don't even know what's going to happen.
Mayor Furlong: When you say stuff we've been talking about.
Jeff Helstrom: In terms of sewer and water, you know if and when that's going to happen. Kind
of an open ended question. I don't know whether, there's talk about 101. You know
straightening 101 and sewer and water and I don't know what is going to happen and what isn't.
Mayor Furlong: And I guess, Sharmeen this is a question. The year 2020 expiration of that
interim use was based upon when the city planned to extend utility service to that area.
Sharmeen AI-Jaff: Utilities.
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City Council Meeting - October 23,2006
Mayor Furlong: Okay. Okay, any other questions? Of Mr. Helstrom. Okay, thank you.
Jeff Helstrom: Thank you.
Mayor Furlong: Any follow up questions for staff? If not, thoughts or discussion.
Councilman Lundquist: Mr. Mayor I'm, as I look at this proposal, I think that right now I'm in
favor of motion C. To approve it with the existing construction. Going back and forth between
Band C, between should we upgrade the materials, should we not upgrade the materials on the
building approval. Being that it's an interim use I think becomes onerous to put that burden on to
add additional higher grade construction materials knowing that in 14, 13-14 years potential is it
won't be there anymore. So I'm in favor of with doing it on motion C. And I am in favor
obviously of putting the use in the building out there. I think it's a great amenity. It is used quite
often. It's unique to have out there, and I think it adds something to that part of the city that you
know, that's not one of our, one of the areas that I'm, you know that's great to see. We don't have
much business down there. We've got a couple, the nursery and the motel. That adds a great
feature down there. It brings families in from not just Chanhassen but Chaska and Eden Prairie,
Shakopee, all over as well too so I like the idea of keeping that going in the winter as well as
bringing more people into the city that way so I'm in favor of motion C.
Mayor Furlong: Thank you.
Councilwoman Tjornhom: Mr. Mayor, I also, I'm in favor of the overall plan. I have trouble a
little bit about what the material is going to be on the building because we as a council have been
pretty strict with other people coming into our city and building things. We've kind of held them
pretty tight to what the standard should be and while that makes me feel a little uncomfortable,
yet it is an interim use permit and in the year 2020, if something happens, I would hate to have a
brick building sitting there that has to be tore down. So it doesn't really make a lot of sense I
guess to make Mr. Helstrom go to the extra expense of upgrading his plans. It's Minnesota. We
live in Minnesota and days on the golf course are limited and obviously he has a thriving
business and a service to our community with kids and families learning golf and so if this is
going to help him and help them enjoy the game of golf in the winter, then I'm all for it.
Mayor Furlong: Okay, thank you. Councilman Peterson.
Councilman Peterson: Well I'll follow on the same theme, for a couple similar reasons and a
couple different ones. Yeah, I think as you drive into that area you see the current building. The
club house which is obviously an older home that looks nice. I had to drive down there today
again to look at the driving range because I couldn't remember seeing it. And I was surprised.
It's a metal building. And I never saw it. I drive by there. If you asked me how to describe that
place before this afternoon I would describe the putting green. I'd describe water features. I'd
describe landscaping and here Mr. Architecture Standards, I didn't even notice the building.
Because of the architecture. Total lack of architecture. But what that does for me, it reinforces
the fact that the building they're going to put up is going to be nicer than what's down there, and
it's going to blend into that area. If you look at the drawings, you're going to have you know
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City Council Meeting - October 23, 2006
metal siding on part of it, but you're also going to have stone on the bottom third, which will look
I think significantly better than the current building so I think to deal with the, does it fit in? I
think it will fit in nicely. I don't think it's going to be an eye sore by any stretch of the
imagination to that area. And I do think that particularly given, if the area does change in
character, by 2020, then we can change the character of the buildings to match that. Whatever
that is. So I think that's a reasonable expectation that I think we need to set with Mr. Helstrom
this evening. I think it's also important to note that if I vote in favor of, which I believe I will for
motion C, that that's not a tertiary approval that he's going to be granted an extension. I think it's
important for him to leave tonight, as I think you are, that we can't speak for other councils. We
can speak for us and because we approve this building tonight doesn't mean it's going to get
approval in 2020. So I think it's important to leave with that so, that being said, you know I think
it is a reasonable request and I think it will be a nice asset to Chanhassen. We don't have that
now and I think that what we've all said before is that we want to help businesses prosper and
bring new things in for our citizens and others to come into the community so I think by
approving this tonight we certainly go a ways in that direction.
Mayor Furlong: Thank you. My comments about the issue before us this evening. I think as I
looked at this and as I had a chance to talk with staff and hear the presentations this evening, the
issue that kept coming up fot me was this interim use permit. This deadline to operate this
business of 2020. So for a second I'm just going to set that issue aside. With that aside, when I
look at the request with regard to is it a reasonable request, the variances, is it a reasonable
request? Given the business, I think the answer is yes. The business purpose here as I
understand is trying to reduce the seasonality of a seasonal business and that is a reasonable
request and as Councilwoman Tjornhom mentioned, we live in Minnesota. We've got 3 months
of golf and 9 months of bad, you know good sledding and we need to, if there's a way to extend
the recreational opportunities through the winter months, I think we should choose to do that. I
know Mr. Hoffman's here with our Park and Recreation Department and there are a lot of
opportunities so I think the request is very reasonable. I think the use is consistent with our
comprehensive plan. As an interim use permit. I'll get back to that in a second. So I think
overall it's okay. When I get to the materials then I can't set aside the interim use permit because
bringing that back into play, this is a use that at this point, between the property owner and the
city has been agreed to that will continue through 2020, at which time the city plans to extend
services. Sewer and water services to that area. At that point there may be a higher and better
use for the property, both for the property owner and for the city and that's why this is put in
place as opposed to a conditional use which can continue on. The concern that was raised in the
staff report is as an interim use permit, if there's an expansion of the use, that might reduce the
likelihood of the property owner wanting to discontinue when that permit expires. That's where I
get to the building materials and say that if we increase the requirement there, if we don't grant
the variance on the building materials, we're actually increasing the inertia or the likelihood that
that property owner would not want to move forward to a different use. So in a normal situation
I probably wouldn't grant any exception for the materials but because it's under an interim use, I
feel comfortable looking at that. And also recognizing that in this area of town, for the next 10-
15 plus years, there isn't going to be much in the way of changing most likely. The closer we get
to the date that city services come there, there'll be less likelihood to change because of the
opportunity to change zoning. For whatever reasons with the stables and the kennels across the
way, which aren't too far away, they have similar materials. So I guess I'm comfortable with
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City Council Meeting - October 23,2006
materials. The only concern that I have, from what I've heard this evening and Councilman
Peterson correctly brought it up and that is the issue of what happens in 2020 and with Mr.
Helstrom's comments that he'll wait and see, you know the agreement at the time the approval
was made is that this business has an opportunity to operate here on this property through 2020,
and I like Mr. Peterson would not want to in any way suggest that there's a tacit endorsement or a
pre-approval to extending that because of this. That's a, this is a business decision that Mr.
Helstrom needs to make in terms of investing in his property so as to, for the business needs to
serve his customers. To reduce the seasonality of the business, recognizing that there's that risk
there. And that's for a council at a future date to decide whether it's a request to continue. To get
back to Councilman Lundquist said I think property owners can request anything at any time,
and that's really the property owners, the staff, the residents and other business owners, property
owners around the area and the councils to all consider so I feel comfortable going forward here.
My only hesitation was with the response to my question, what's the intention in 2020? We're
not there. I think for the next 14 plus or minus years I think this is a reasonable use. A
reasonable request that's laid out in motion C as Councilman Lundquist stated. But the record
needs to show that this is no way an endorsement for an extension of the IUP or a change to a
permanent use, at least on my part, and I didn't hear that from anybody else. Heads nodding as
well. Let that be decided at the time when all the facts and circumstances are known. At the
time that it becomes an issue. This is not a, I believe it's reasonable for us to move forward here
this evening with that understanding between the property owner and this current council and
staff. That being said, if the direction is, and Councilman Lundquist spoke about motion C. If I
understand Councilwoman Tjornhom, Councilman Peterson, you also would agree with C. I
would guess I'd ask Mr. Knutson and staff, do the findings of fact based upon our discussions
here support us adopting motion C this evening or can they be written and the comments
submitted be added and such that we can move forward this evening...findings of fact.
Roger Knutson: You have a findings of fact for approval. I don't think there was anything
inconsistent with C in the findings.
Sharmeen AI-Jaff: No there isn't.
Roger Knutson: Okay, so you could adopt the findings for approval.
Mayor Furlong: Okay. Alright, and do those findings, would that be consistent with the
issue... Councilman Peterson with regard to no tacit endorsement or no pre-approval for change
or an extension of anything.
Roger Knutson: Mayor, that is correct. There is nothing in here that extends it. Not one day.
Mayor Furlong: Okay. And so the minutes of this meeting obviously will reflect the intention of
the council there as well. Okay. Any questions or comments?
Sharmeen AI-Jaff: I made the statement earlier and I would like to correct myself. I said that the
kennel, commercial kennel was a conditional use. It is an interim use permit.
Mayor Furlong: Okay. Okay, thank you.
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City Council Meeting - October 23, 2006
Sharmeen AI-Jaff: Thank you.
Mayor Furlong: And thank you because that was consistent with my understanding and another
reason that I think from a material standpoint, they're going for an interim use. Being a little
more relaxed on materials I think is a, not only helps the property owner but it helps the city as
well. Because of that being an interim use permit. Okay. Anything else? Any other comments?
On this. If not, is there a motion to proceed? Councilman Lundquist.
Councilman Lundquist: Mr. Mayor, I would move that the council approve motion C as
published with conditions 1 through 13 and adopt the findings of fact for approval as printed in
the council packet.
Mayor Furlong: Thank you. Is there a second?
Councilman Peterson: Second.
Mayor Furlong:. Made and seconded. Any discussion on the motion? Motion C plus the
approval of the findings of fact.
CouncilmancLundquist moved, Councilman Peterson seconded that the City Council
approves the Site Plan and Amendment to Interim Use Permit #98-2 for the construction of
.an 11,100 square-foot addition to the principal structure requiring a 10,300 square-foot
building area Variance from the 800 square-foot building area restriction for the golf driving
range principal structure and a second variance request for the use of steel paneling as the
primary exterior material on property located in the Agricultural Estate (A-2) District at 825 .
Flying Cloud Drive, as shown on the plans prepared by Structural Buildings Inc. dated
September 11, 2006, and as shown on the plans prepared by Anderson Engineering of
Minnesota, LLC dated September 11,2006 and adopting the findings of fact, with the
following conditions:
1. The eastern wall of the proposed building lies over the well. Verify the location of the well.
Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from
the farthest exterior projection of a building, including walls, roofs, decks and overhangs.
Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a
structure.
2. Note the top of curb elevation of the parking area north of the proposed building. Verify that
the proposed grade in this area will not exceed 3H: 1 V.
3. Show the proposed pedestrian access to the new building.
4. Note what the existing structure is west of the building and include a note whether this
structure is to remain or will be removed.
5. Note the FFE of the existing building.
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City Council Meeting - October 23, 2006
6. Delete or update the note on the plans that state the FFE of the 1 st and 2nd office buildings.
7. Permits must be obtained for the construction of, alteration of, or occupancy use changes to
any buildings on the site.
8. The on-site sewage treatment system must be of complying design and of sufficient
capability for the existing and proposed facility. An assessment of the existing individual
sewage treatment system must be provided, in the permit application documents, verifying
that the existing system is of sufficient capacity for the additional usage or a design
increasing the system capacity must be provided. Such assessment and/or design to be by a
licensed ISTS designer.
9. The applicant shall install a rain garden within the proposed swale on the north and west
sides of the proposed addition. Plantings to be incorporated include trees, shrubs and
perennials. A revised landscape plan shall be submitted to the city for approval. Note the
proposed spot elevations along the rock swale.
10. The floor plan must be revised to show ten 5' x 8' windows, two 5' x 5' windows and three
4' x 4' windows on the northern fa<;ade and the exterior elevations must be revise to show
four 5' x 5' windows on the western fa<;ade.
11. Any rooftop mechanical equipment must be screened from public view.
12. A trash enclosure must be shown on the site plan.
13.. One additional parking stall is required."
All voted in favor and the motion carried unanimously with a vote of 4 to O.
COUNCIL PRESENT A TIONS:
Councilman Lundquist: Just like to thank Todd, Paul, Laurie and Todd, Sharmeen for the tour
this evening. Going out and seeing the water treatment plant moving along. There's, making
great progress there and I should, as they stated, start making water some time in the, not making
water but treating water in late winter, early spring. So it was great to see that. Great to get out
to do some of the tours of the new developments going along on the highway, along the highway
and the Town & Country development as well. Took a ride down the road there so it was good
to put eyes on that versus looking at it on plans and paper as well too so Todd, staff thanks for
pulling that together. It was good to get out and see that.
Todd Gerhardt: Sure. We need to do more of that. Get you out and show you accomplishments
and follow through.
Mayor Furlong: Yeah, thank you for bringing that up. I fully agree and you took my comment
as well. Because I think it's very helpful to get out and see things that we talk about and it's very
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