76-14 Variance 609 Flying Cloud Drive Scanned Planning FileAugust 10, 1978
Jack Brambilla
1st and Holmes
Shakopee, Mn.
7610 LAREDO DRIVEeP.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
55379
Dear Mr. Brambilla:
It has been brought to my attention that you have tentatively
proposed a used car dealership on the old Pas -Gas Service
Station site located at 609 Flying Cloud Drive. This letter
is to inform you that although the site has the proper zoning
for this type of use, there are certain site, planning and
variance considerations that must be reviewed before change in
the land use occurs.
In order to expedite your request, it is necessary that you make
application with the City of Chanhassen for site plan review and
variance requests. The form for formal filing for these proceedings
are available at City Hall. If you have any further questions
concerning this matter, please do not hesitate to contact me.
Sincerely,
f 74 ",?.k "X/
Bob Waibel
Ass't. City Planner
BW:n
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: November 30, 1978
TO: City Manager, Don Ashworth
FROM: Assistant City Planner, Bob Waibel
SUBJ: Variance Request, SuperAmerica Station, 615 Flying Cloud Drive
Petition
The proprietors of the SuperAmerica Station at the address indicated
above, are requesting a variance to Section 3, of ordinance 45 which
prohibits building permit issuance for commercial or industrial
uses in the unsewered area and also the subject property is not
conforming in that it is a commercial activity in what appears to be
an R-lA, agricultural residence district zoned area.
Planner's Comments
It is the request of the operators of the SuperAmerica Station to
construct a 24 x 8 metal storage shed on the rear side of the existing
structure. The applicants have cited that the materials presently
left outside have been subject to vandalism and burglary and it is
essentially the reason for their request.
The planning commission voted to recommend that the council grant
a variance to Ordinance 45 to allow for the construction of the metal
stora�e shed as proposed.
Planner's Recommendation
Although this particular subject can be considered somewhat a judgement
call, the present ordinance, I feel lacks sufficient standards that
separate precedent from the spirit and intent of the ordinance. In
interpreting the present ordinances, I would find this an intensification
of a non -conforming use and thus recommend denial of the request at
hand.
Council
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Action by City AdmMkift »
Endorsed �
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Modified_,.,. � ~
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Rejected—__.,
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Date,.,,.....
Date Submitted to Lu.rn:Tsmn
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Date Submitted to Councij
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885
PLANNING REPORT
DATE: September 30, 1976
TO: Don Ashworth, City Administrator
FROM: Bruce Pankonin, City Planner
SUBJ: SuperAmerica Variance
DF.TTTTnM
Variance request to construct a pump island canopy within the front
yard setback.
BACKGROUND
1. Community Location: South side of US 212/169 (Flying Cloud
Drive), 500 feet east of the "Wye".
2. Existing Zoning: R-lA (50 foot front yard required).
3. The property in question is located within the flood plain of
the Minnesota River.
4. City Plan Proposal:
a. Land Use: "Develop" subject property on the south side
of roadway as conservation open space.
b. Transportation:
(1) Present Conditions: Flying Cloud Drive functions as
a major arterial facilitating both intra and inter state mobility, and
some local access.
Mr. Don Ashworth -2- September 30, 1976
(2) Future Conditions: US 212 is proposed to be realigned
to the north to facilitate better inter state mobility. The timing
and staging of this roadway is uncertain at this time, however,
considerable pressure by Carver County is being placed on the
Metropolitan Council, Transit Commission and State Highway Department
to construct new 212 in the early 19801s.
5. As shown in exhibit 1, the subject property is a legal non-
conforming use, because the principal structure (and use) was in
existance prior to the adoption of Ordinance 47.
PLANNER'S COMMENTS
1. As shown in the attached site plans (exhibit 2) the proposed
canopy overlay is approximately 5 feet from the front yard property
line. This setback, on the surface, appears to be abnormally
close, however, the council should take into consideration the function
of the canopy, the proximity of pump islands to the roadway, age
and historic use of the principal structure, and the fact that the
edge of the pavement is approximately 27 feet from SuperAmerica's
north property line.
2. Pursuant to the city attorney's letter (exhibit 1),, the issue the
council must resolve, is the construction of the proposed pump island
canopy and other non-structural improvements an intensification
of SuperAmerica's non -conforming use status.
3. If the council finds the construction to have only a cosmetic
effect, then I would recommend approval of the heretofore variance
conditioned upon the recommendation a� outlined by the Board of
Adjustments and Appeals (exhibit 3)-- Further, the sign committee
and the applicant to mutually work together to reach agreement
on a signage plan for the gas station.
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August 30, 1976 T333P93asE
Mr. Bruce Pankonin
Chanhassen City Planner
Box 147
Chanhassen, Minnesota 55317
`1
RUSSELL H. LARSON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANG BUILDING
MINNEAPOLIS, MINNESOTA 55402
Re: Superamerica Non -Conforming Use
Dear Bruce:
You have requested that I furnish you with a report on the matter
of the Superamerica application to erect a canopy across the ser-
vice island in front of its structure on its gas station property
located south of U.S. Highway 212. You have advised me that the
property is zoned R-1-A, and further that it lies within the flood
plain of the Minnesota River. If my memory serves me right, this
property was in serious danger of being flooded in the Minnesota
River flood of 1965.
The use of these premises for filling station purposes is a non-
conforming use under the Chanhassen Zoning Ordinance, and is
governed by §§20.02, enlargement or alteration, and 20.06, normal
maintenance, both of which sections are set out in full below.
20.02 Enlargement or Alteration. No non -conforming use
shall be enlarged, altered or increased, or occupy a
greater area than that occupied by such use on the
effective date of this ordinance or any amendment
thereto. A non -conforming use shall not be moved to
any other part of the parcel'of land upon which the
same was conducted. If no structural alterations are
made, a non -conforming use of a building may, be changed
to another non -conforming use of the same or more
restricted classification. Whenever a non -conforming
use of a building has been changed to a more restricted
use or to a conforming use, such use shall not thereafter
be changed to a less restricted use.
20.06 Normal Maintenance. Maintenance, necessary non-
structural repairs, and incidental alterations of a building
or structure containing or used as a non -conforming use
are to be permitted provided that any such maintenance, repairs
or alteration does not extend, enlarge, or intensify the
non -conforming building or use.
Mr. Bruce Pankonin -2- 8-30-76
Re: Superamerica
Strict application of these sections to the Superamerica application
indicates that the issuance of a permit for a canopy would be in
violation of these sections. Section 20.06 specifically provides
that an alteration of a building may not extend, enlarge, or intensify
the non -conforming structure.
It can be argued that the addition of the canopy to the structure
may have a cosmetic effect in improving the appearance of the service
station. This is a matter that could be referred to the Board of
Adjustments and Appeals, and then on to the Council for consideration
as a variance. The Zoning Ordinance defines a variance as a modifi-
cation or variation of the provisions of this ordinance as applied
to a specific piece of property, except that modification in the
allowable uses within a district--sha.Ll not be considered a variance.
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:mep
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DATE: September 29, 1976
TO: Chanhassen City Council
FRO14: Board of Adjustments and Appeals
SUBJ: SuperAmerica Variance
The Board of Adjustments and Appeals met Thurdday, September 16,
1976 at 6:30 p.m. at the south side of U.S. 212/169 (Flying Cloud
Drive), 500 feet east of the "Wye" to consider a variance from
Zoning Ordinance No. 47 for SuperAmerica Oil Company. Frank Kurvers
and Donald Schmieg were present.
We recommend approval but not according to their plan. The approval
is granted if he deletes installing two 24' x 6' billboard signs
and all other non -conforming signs and advertising designs not
currently permitted by the city's sign ordinance. In place of this,
the applicant agreed to plant a row of trees along the west side of
the building between the fence and the newly installed precast curbs.
We feel this is definitely cosmetic in nature. It is a property
owner's right to modify and keep up with business trends. It
enhances the entire area.
Franklin Kurvers
Board of Adjustments and Appeals
Asa
SUPERAMERICA,
DIVISION OF ASHLAND OIL, INC.
Mr. Bruce Pankonin
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
z
SAINT PAUL PARK, MINNESOTA 55071
POST OFFICE BOX 9
639 SECOND ST.
612-459-1153
September 14, 1976
Subject: Variance Permit
Superamerica Station #4239
615 Flying Cloud Drive
Chanhassen, Minnesota
Enclosed you will find my check of $35 to cover the cost of the
variance permit.
I was unable to find the form that you referred to in our phone
conversation and hope that you can fill one out in your office,
should that be necessary for the meeting on Thursday, September
16, 1976.
JJH/e
enc
Yours truly,
John J. Hogenson, Manager
Design, Construction & Maintenance
SPP1976
RECEIVED
VMJ-AGE OF.
CHANHASSEN,
MINM
,\IOCUTION o,
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1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 553179(612) 474-8885
DATE: September 13, 1976
TO: Board of Adjustments and Appeals
FROM: Bruce Pankonin, City Planner
SUBJ: SuperAmerica Variance
Attached hereto please find the following documents submitted in
support of SuperAmerica's variance request:
1. Building and Site Plans.
2. City Attorney's letter dated August 30, 1976,
labeled Exhibit 1.
Petition: Variance to construct pump island canopy within front
yard setback.
Background:
1. Community Location: South side of U.S. 212/169 (Flying
Cloud Drive) 500 feet east of "the Y"
2. Existing Zoning: R-lA.
3. The property in question is located within the flood plain
of the Minnesota River.
4. City Plan Proposal:
a. Land Use: "Develop" subject property on the south side
of roadway as conservation open space.
b. Transportation:
1. Present Conditions: Flying Cloud Drive functions as
a major arterial facilitating both intra and inter state mobility, and
some local access.
_.Board of Adjustment,"-)
and Appeals
- 2-
^t
September 14, 1976
2. Future Conditions: US 212 is proposed to be realigned
to the north to facilitate better interstate mobility. The timing
and staging of this roadway is uncertain at this time, however,
considerable pressure by Carver County is being placed on the
Metropolitan Council, Transit Commission and State Highway Department
to construct new 212 in the early 19801s.
5. As shown in exhibit 1, the subject property is a legal non-
conforming use, because the principal structure (and use) was in
existance prior to the adoption of ordinance 47.
6. The question before the Board is as follows: Is the
construction of the proposed pump island canopy and other non-structural
improvements an intensification of SuperAmerica's non -conforming
use status?
7. If the Board finds the construction to have only a "cosmetic
effect," then I would recommend approval conditional upon SuperAmerica
removing all non -conforming signs and advertising designs not currently
permitted by the City's Sign Ordinance. Said non -conforming sign
should be described at a future date by the Zoning Administrator, prior
to council consideration of the variance request.
�pai/ yam-• j %l��y
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF
HEARING ON TnTm!QNAj r:
STATE OF MINNNESOTA )
) ss
COUNTY OF CARVER )
Don Ashworth being first duly sworn, on
oath deposes and says that he is and was on 28 1976 ,
the duly qualified and acting City Clerk -Administrator of the City
of Chanhassen, Minnesota; that on said date he caused to be mailed
a copy of the attached notice of hearing
on a -ionalz Use—F er tl
existing pump islands
Request for constructing service island canopy overin the City to the
owner of each parcel within the area proposed to be involved as set
forth in the notice, by enclosing a copy of said notice is an envelope
addressed to such owner, and depositing the envelopes addressed to
all such owners in the United States mails with postage. fully prepaid
theron; that the names and addresses of such owners were those
appearing as such by the records of the County Treasurer of Carver
County, Minnesota, and by other appropriate records.
Subscribed and sworn to
befor me this day
of 19.
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AAAAAAAAAAAU
JUTZ
OTARY pUSLfC
to N77,°dNES0 ri,
•�'I'x CARVER COUNTY
k �VVgy"Y" Commission EX. "nes Jan. 30,
X
CITY OF CHANHASSEN
NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENTS AND APPEALS
An appeal has been filed with the Zoning Administrator for
a variance of Zoning Ordinance No. 47. The Board of Adjustments
and Appeals will conduct a hearing on this appeal on September ,
16, 1976 at _ 6:30 p.m. at _ _615 Flying Cloud Drive
persons may a Highway 169-212
All interested
P y appear and be heard at said time and
place.
APPLICANT: Superamerica Gas Station
PLANS: To construct a service island canopy over the existj22 pump islands.
Said canopy would encroach upon the front yard setbacks as defined in City
Ordinance 47, Section 6.05.
Vernon Teich C Will Halver
220 Flying Cloud Drive 470 Flying Cloud Drive
Chaska, Minn, 55318 Chaska, Minn. 55318 i
,bar
Leon Mesenbrink Paul and Lois KelleyT
250 Flying Cloud Drive 8763'Bentwood Drive =_
Chaska, Minn. 55318 "y Eden Prairie, Minn
55343
K,.
Dean Camery
230 Flying Cloud Drive ° Eino and Mary Lino
Chaska, Minn. 55318 ` Enchanted Island
Mound, Minn. 55364!
Alow
John Weber *" Minn. State Highway
240 Flying Cloud Drive Dept,
Chaska, Minn. 55318 2055 No. .Lilac Driven;
Golden Valley, Minn.
S
Alvin Lebens Superamerica Service b,
460 Flying Cloud Drive 5 West Broadway
Chaska, Minn. 55318 "', St. Paul Dark,, Minn.
Attn, Arnie
Ervin Daniels Olt
450 Flying Cloud Drive
Chaska, Minn. 55318
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