75-05 - Open Sales as CUP ZOA pt 1Li
AFFIDA'V" ')F PU1sL1CA 10iN }�
Mate of }5-�
s.c.
Carver
Countyof...................................................................................
W. McGarry.................................................................................. being duly sworn,
..............................
on oath says he is and during all the times herein stated has been the publisher and printer of
Carver County Herald .............. and has full
the newspaper known as .................................................. .
knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English
language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns devoted to news of local interest
to the community which it purports to serve and does not wholly duplicate any other publica-
tion and is not made up entirely of patents, plate matter and advertisements. (4) Said news-
paper it circulated in and near the municipality which it purports to serve, has at least 500
copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total
circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post -office. (S) Said newspaper purports to serve the...... Pityy.............
of ........ Chaska.....................................in the County of ..... Carver .......................................... .....
and it has its known office of issue in the...... C .ty............. of ....... Chey,..mka........... .......... .... .... ......
in said county, established and open during its regular business hours for the gathering of
news, sale of advertisements and sale of subscriptions and maintained by publisher of said
newspaper or persons in his employ and subject to his direction and control during all such
regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy
of each issue immediately with the State Historical Society. (7) Said newspaper has complied
with all the foregoing conditions for at least two years preceding the day or dates of publication
mentioned below:. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the
Secretary of State and signed by the publisher of newspaper, and sworn to before a notary
public stating that the newspaper is a legal newspaper.
He further states on oath that the printed Notice of hereto
attached as a part hereof was cut from the columns of said newspaper, and was printed and
published therein in the English language, once each week, for....... one............ week4
`T'hursday..........the........2%+t�1....................................day of
that it was first so published on.... .....................
............. I .... June.......................... .... I ....... 1 1976... n
d and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the m s' o and public, ion of said notice, to -wit:
abc pgrst z
Subscribed and sworn to before me b'.. �. M" dot n1... . ........ .... .... _ 19'.
'Votary Public ... ......... 1'c>J1__^'`..'° ................ County. Minnesota
.',iy Commission Expires....... C .. � [Q
.... . 19
A:EE]
MI NOMINNESOTANTYJune 29,1982.
�OLUTION B
1776-1976
CITY OF
CHAWBASSEW
7610 LAREDO DRIVE*P,O BOX 1470CHANHASSEN, MINNESOTA 55317•(612) 474-8885
November 14, 1975
Carver County Herald
123 West Second St.
Chaska, Minnesota 55318
Re: Chanhassen Legals
Gentlemen: '
Enclosed please find Notice of Public Hearing on a proposed
Zoning Ordinance Amendment.
Please arrange to publich the notice in Herald edition of
Thursday, November 20, 1975. When publication has been completed,
please furnish Chanhassen with your custom ary affidavit thereof
and your statement of charges.
Very truly yours
Bruce Pankonin
City Planner
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING
ON
PROPOSED AMENDMENT OF CHANHASSEN ZONING ORDINANCE
NOTICE IS HEREBY GIVEN That the Planning Commission of the
City of Chanhassen, Minnseta, will meet on Wednesday, the 10th
day of December, 1975, at 8:00 o'clock P.M., at the City Hall in
said City for the purpose of holding a public hearing on a
proposed amendment of Section 11.04 Conditional Uses in the C-3
Commercial Service District of the Chanhassen Zoning Ordinance
as follows:
1. To amend Section 11.04, Conditional Use to add
subsection 6, reading as follows:
6. " Open sales"
All persons interested may appear and be heard at said time and
place
BY ORDER OF THE PLANNING COMMISSION
/sl Bruce Pankonin
Zoning Administrator
Dated: November 14, 1975
(Published November 20, 1975, in the Carver County Herald
Y
CITY OF CHANHASSEN
AFFIDAVIT OF MAIL TNG NOTICE. OF
PFtE1.TMINARY IMPROVEMENT HEARING
S't^ATE O.F MiNNESO^lA ) .
Ci QUj\N'Y OF ' CARVER' )
GERALD .W. SCHLENK — , being first duly sworn, on Oat, deposes
Novmeber 17 19 75 the duly qualified
•cxriG Says that he is and was on • . ��
and acting City C1erk�Adrt►inistlator of the City of Chanhassen, Minn6sota; 'what on
said date he caused to be mailed a copy of the attached notice of hearing on a
Amendment to Zoning.0rdinanc.e
improvement i:z
e City t0.% a Owner Of'.aach parcel within the area proposed to be assessed for said
improvemznt as set forth in said notice, by enclosing a copy of said notice in an
envelope addressed to such owner, and depositing the envelopes addressed to all such
owners in the 'United States mails with postage fully prepaid thereon; that the names and
addresses of such owners ware those appearing as such by -he records of the County
Treasurer of Carver -County, .Minnesota...and.bv_ othax.aoorooriate records.......,.. ,......._,..__..._
ACTING CLERK AD1�t N18TRATOR
Subscribed and sworn to
before Isle this _ ,IZ__ day
Of
0tary C Cr
a
,
Mr. Chuck Towle
Strong - Towle Inc.
320 Midland Building
Minneapolis, MN 55401
Mr. Daniel Klingelhutz
Rt . 2
Chaska, MN 55318
Mr. Frank Kurvers
7220 Chanhassen Road
Excelsior, MN 55331
Brown's Standard Station
Hwy 5 and 101
Chanhassen, MN 55317
Mr. Donald Hanus
Hanus Body Shop
Chanhassen, MN 55317
Apple Valley Red-E-Mix
6801 150th St. W.
Apple Valley, MN
Attn: John Erickson
Mr. Gordon Koehnen
101 and 5 Drive in
195 W. 78th St.
Chanhassen, MN 55317
r
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING.
ON
PROPOSED AMENDMENT OF CHANHASSEN ZONING ORDINANCE
NOTICE IS HEREBY GIVEN That the Planning Commission of the
City of Chanhassen, Minnseta, will meet on Wednesday, the 10th
day of December, 1975, at 8:00 o'clock P.M., at the City Hall in
said City for the purpose of holding a public hearing on a
proposed amendment of Section 11.04 Conditional Uses in the C-3
Commercial Service District of the Chanhassen Zoning Ordinance
as follows:
1. To amend Section 11.041, Conditional Use to add
subsection 6, reading as follows:
6. " Open sales"
All persons interested may appear and be heard at said time and
place
BY ORDER OF THE PLANNING COMMISSION
/s/ Bruce Pankonin
Zoning Administrator
Dated: November 14, 1975
(Published November 20, 1975, in the Carver County Herald
��OLUTION B
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317®(612) 474-8885
PLANNING REPORT
DATE: December 3, 1975
TO: Planning Commission and Staff
FROM: Bruce Pankonin, City Planner
SUBJ: Open Sales as a conditional use in C-3, Service Commerical
District
Chanhassen Ordinance 47 divides the City into different districts
such as agriculture, residential, commercial and industrial. These
major districts are divided into subdistricts to further segregate
"incompatible" land uses (i.e. segregate an auto body shop from
an office park).Within each subdistrict the uses are divided into
permitted, conditional and accessory uses. Permitted uses are
allowed as a matter of right, conditional uses, on the other hand,
are permitted as a matter of right provided certain conditions
are met. Accessory uses, as the name implies, are accessory to
a permitted or conditional use (i.e. garage serving,, a single
family home or apartment, etc.)
Within the C-3 use district, (Service Commercial District, Section
11) certain permitted uses, such as sales and service of motor
vehicles, require an extensive amount of open storage of merchandise
for retail sale. However, subsection 5 states: "Merchandise of the
type customarily displayed outdoors for retail sale (new and
used cars) may be so displayed beyond the confines of the principal
structure, provided that in no event shall the outdoor display
area exceed 20% of the ground floor of the principal structure.
Merchandise awaiting service or repair (new or used cars) shall be
stored within an enclosed building or shielded from view at
street level by a wall or fence not less than four feet nor more
than six feet in height.
,Planning Commission
-2-
December 3, 1975
Analyzing the requirements of subsection 5, effectively prohibits
the construction of a car dealership in Chanhassen, unless
"special consideration" is given to the use. From a planning
perspective, speci.al consideration can take the form of variance
to subsection 5, (when particular difficult or unique hardships
can be proven) or amending the Ordinance to provide for more
liberal open sales requirements; such as permitting open sales
in conjunction with a principal structure, as a conditional use
or amending the 20o requirements of subsection 5.
Many planning professionals favor the conditional use approach
rather than the granting of a variance, for the reasons discussed
below.
Basically, a zoning variance is a modification of the terms of the
zoning ordinance in order to provide relief to a property owner
in those cases where the ordinance imposes undue hardship or practical
difficulties to the property owner in the use of his land. The
hardship must not have been created by actions of the landowner.
From my standpoint there are two types of variances -the bulk or
area variance and the use variance. The bulk variance deals with
modifications in area requirements such as lot widths or depths
or set -back requirements. The use variance is an authorization
of land use in a district that differs from the land uses normally
allowed in that district. It should be emphasized that many
planning professionals, including myself, are opposed to use
variances for a number of reasons. For one, the issuance of a
use variance is likely to create a monopoly situation in a particular
land use district. Second, if too many use variances are issued
by the elected officials, it will seriously weaken the zoning and
planning process. Many planning professionals are recommending
that the use variance be prohibited and that the zoning amendment
or conditional use permit be used in place of the use variance.
The main purpose for the variance is to serve as a safety valve
in those cases where a landowner incurs a hardship through no
fault of own, but as a result of the zoning ordinance.
It appears we must seek the advice of the City Attorney to define
the words "hardship" and "unique" as stated in Section 22-02(2).
To me, hardship and unique mean that by reason of topography,
vegetation and soil constraints and shape irregularities, a
property owner is unable to meet the dimensional standards of the
Zoning Ordinance to enjoy property rights for those uses permitted
in a specific zoning district and does not include changes of use.
Conclusion
The open sales portion of subsection 5 seems to conflict with the
desire of the City to allow certain uses which, by the nature of
the business requires open sales. I believe the granting of a
use variance in these cases is not appropriate and ordinace 47
should be amended to include open sales when conducted with a permitted
use should be allowed upon the issuance of a conditional use permit.
By taking this route, the open sales use would be thoroughly
analyzed as to its affect upon surrounding properties pursuant
to provisions of Section 23.