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1979 06 18 I ;,.···1:· ,. ¡' I REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 18, 1979 Acting Mayor Neveaux called the meeting to order at 8:10 p.m. with the following members present. Councilmen Matthews and Pearson. Councilman Geving was absent. Mayor Hobbs came late. APPROVAL OF AGENDA: Councilman Matthews moved to approve the agenda as presented. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson and Matthews. No negative votes. Motion carried. MINUTES: Councilman Matthews moved to approve the June 4, 1979, Council minutes. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson and Matthews. No negative votes. Motion carried. Councilman Pearson moved to note the May 9, 1979, Planning Commission minutes. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson and Matthews. No negative votes. Motion carried. The Council noted that the May 9, 1979, Planning Commission minutes should have been in the Council's possession prior to their action on Happy Chef/Holiday sign request. Councilman Matthews moved to note the June 6, 1979, Planning Commission minutes. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson and Matthews. No negative votes. Motion carried. HANUS CONDITIONAL USE PERMIT: Council members discussed the provisions of the conditional use permit, i.e. outside storage and the landscaping. Darlene Hanus was present and explained that they are closing down H. & S. Sales and anything that belongs to H. & S. Sales will be sold. Jerry's Frame,_MinnesotaRoadways, and'the body shop will remain-in the building. Councilman Pearson moved to direct staff. to_work with Mrs. Hanus on putting together a more definite proposal to be considered by the Council. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson and Matthews. No negative votes. Motion carried. POPE DRAINAGE POND, NORTH MANOR ROAD AND ORCHARD LANE: The City Engineer reported that the elevation of thepond.has not significantly changed since 1972, nor has there been significant factors in Shorewood to increase the run-off. Drain tiles from the pond could not be found. A possible solution to the problem would be a storm sewer project to lower the pond 32 inches. The primary property owner benefitting from lowering the pond would be Mr. Pope. Councilman Matthews moved to table action-and direct staff to notify Mr. Pope of the approximate costs for the improvement and the fact that he would probably be the principal benefitted party in the assessment district. If Mr; Pope can . have--thework 'dine at a mbre reásonable rate.than the Engineer's estimate,' he - should be allowed~èrdo so.. - Motioh.secondedby Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson and Matthews. No negative votes. Motion carried. Council Minutes June 18, 1979 -2- BILLS: Councilman Pearson moved to approve the bills as presented, checks #10796 through #10835 in the amount of $11,481.83, checks #10718 through #10795 in the amount of $1,290,899.16 and checks #7478 through #7550 in the amount of $228,697.50. Motion seconded by Councilman I Matthews. The following voted in favor: Acting Mayor Neveaux, , Councilmen Pearson and Matthews. No negative votes. Motion carried. CERMAK PROPERTY, BALTIC CORPORATION - NON-CONFORMING USE PERMIT: Several residents of the area were present and voiced objection to the Council issuing a non-conforming use permit to the Baltic Corporation for an office building on the property. The City Attorney's office has prepared a preliminary draft of the non-conforming use permit for Council study. The Baltic Corporation has requested & change in Section 3, #14 of the.proposed permit: liThe premises shall be used by Kreslins and Baltic solely as the business office of Baltic, for its finance and insurance operations, which use shall not involve retail traffic on said premises. No part of the premises shall be leased to other persons, firms or corporations without the prior written consent of the City, which consent shall not be unreasonably withheld." Section 3, #15 would be blank. Mayor Hobbs came at 10:00 p.m. Councilman Pearson left for a half hour to attend the Chanhassen Junior Miss Contest. Council members commented on the question of whether or not this proposed use is less intense and can be even permitted under Section 20 of the Zoning Ordinance. Councilman Matthews - In my opinion, the use tha·t they have proposed for that piece of property is potentially less intense than turning it over to a up and coming nursery business. I think the problem here is this creeping commercialism. I think that's the heart of the whole issue. In my mind creeping commercialism will not exist in that area. I absolutely cannot foresee it based on everything that has gone on so far. I think the areas around there could become more intensely used. I don't believe people are going to build single family homes there. I could see multiple family housing in those areas which are going to be much more intensively used than what is proposed here. My perception of what they are asking for, what they intend to do, basis of what's there and what potentially could be there in the way of a nursery, I feel this proposal is less intensive. I think I share your feelings on the intensity of the property. I had no problems with the zoning before. I guess in looking at trying to structure a non-conforming use for this property, I also have a problem with that. We tend to write lengthy non-conforming uses and then it takes a lot of time and effort to see that they are enforced and it appears to me, in the situation that we have this evening,that we will be asked to pull that non-conforming use out and look at it almost on a monthly basis. Since no compromise has been reached at this point I think my feeling would be not to consider it as a less intensive use. I Mayor Hobbs - I I I I Council Meeting June 18, 1979 -3- Councilman Neveaux .... I agree totally with Councilman Matthews. I honestly feel that the use as proposed would be more restrictive I know that's difficult for the people in the audience to understand but I honestly' believe that by cleaning up the property, refacing the building, landscaping, putting the uses inside the four walls and the roof, that, in my mind is a less intense overall use of the property. As far as the terms on the permit, I would tend to agree somewhat with the Mayor that that has been a problem with all kinds of permits that the City makes with different individuals in the course of doind its business. We are not staffed to handle reviews of these permits and they generally sit in the file until somebody comes in and complains. That's something that I would be concerned about and I would recommend that this permit, if ihfact we do get to that point, put in there an annual review. I feel that it is a reasonable solution to the problem and when you are looking at things from this side of the table you have got to look at reasonable kinds of solutions. You have got to look at balance. Mayor Hobbs - I agree with you on the less intensive use. Where my real problem would come is if this Council agreed on that and then we drafted a non-conforming use permit that was so restrictive as to hamstring the person in the building, then I would be in the position of going for the less intensive use and voting against the permit. Councilman Matthews moved to consider the issuanceof,c;:ar:nôn....;.conforming use permit to the Baltic Corporation as presented with their plans and maps being referred to as Exhibits A, B, and C in previous city deliberations. This in no way obligates the Council to issue the permit. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,and Matthews. No negative votes. Motion carried. Mayor'Hobbs moved to table action on the non-conforming use permit until July 2, 1979, and request that the citizens and developer submit written comments on the conditions of the non-conforming use permit by July 27, 1979. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. GOVERNMENTAL EMPLOYEES LEGAL DEFENSE POLICY: Jack Kreger, Art Kerber, and Al Skluzacek were present. Councilman Pearson moved to re-affirm the general policy as stated in the City Manager's memorandum of June 18, 1979. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. The Council felt there should be provision made for appeal before the Council. This will be discussed at a future meeting. Councilman Neveaux moved to specifically apply this policy to Al Skluzacek. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. council Meeting June 18, 1979 -4- FRONT YARD, SUBDIVISION AND LOT AREA VARIANCE, NGUYEN VAN CHIN: Mr. Chin is requesting to subdivide, via lot split, a 12,000 square I foot parcel (Lots 4 and 5, and south half of 3, Block 3, Red Cedar Point) in order to build a home. A 3,000 square foot lot area variance and a 10 foot front yard setback variance are requested. The Board of Adjustments and Appeals recommended approval of the lot area variance and maintain a 30 foot front yard setback. To find out ,the effects on the s.ump area, the City Engineer .recommended that a grading plan be submitted. Councilman Pearson moved to grant a variance to build on 12,000 square feet but maintain the 30 foot front yard setback. A grading plan will be submitted with the application for building permit. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. SUBDIVISION, LOT AREA VARIANCE REQUEST, FRANK MC GINN: Mr. McGinn is proposing to subdivide, via lot split, an approximate 13,500 square foot parcel from Lot 4, Block 1, Harvir Hill. A 1,500 square foot variance is requested. The Planning Commission recommended approval of the variance. The Assistant Manager/Planner recommended that the council require the applicant to furnish an affidavit as to the ability or inability to acquire the necessary property to the west to make the new parcel 15,000 square feet. Councilman Neveaux moved to table action pending notification from I Mr. McGinn on the outcome of his negotiations with the property owner to the west. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. SCHLUETER VARIANCE REQUEST, LOTS 3211 AND 3212, CARVER BEACH: Mr. Schlueter is requesting a variance to build a storage area and carport on his residence located on a 4,000 square foot parcel. A five foot side yard setback variance is also requested. The Board of Adjustments and Appeals recommended approval with the understanding that the applicant attempt to acquire adjacent land. Mr. Schlueter has contacted his neighbor Mr. Sampson and Mr. Sampson is unwilling to sell any of his property. Councilman Neveaux moved to approve the request for variance from Mr. Randy Schlueter as the council believes this is a hardship. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. Councilman Neveaux moved that the city notify Mr. Herbert Sampson, owner of Lots 3213 to 3218 and 3224 to 3228, Carver Beach, that the parcel is unbuildable and will not be considered by the City Gouncil for a lot split to create another buildable lot. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. I I I I Council Meeting June 18, 1979 -5- CONSENT AGENDA: Mayor Hobbs asked if any coun¿i~mèmber wished to discuss any item on the consent agenda. The Assistant City Attorney discussed proposed changes to the Lyman Lumber development contract. Councilman Pearson moved to approve item a. 'LymaÙLumbex,~Ðeve-lopment Coritràct as reflected in the City Attorney's report dated June 18, 1979, and item b. New County 17 Construction, Supplemental Agreement, Urban Standards as recommended by the City Manager. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. Councilman Matthews moved to adjourn. Motion seconded by Councilman Neveaux. The following voted in favor~ Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Meeting adjourned at 12:10 a.m. Don Ashworth City Manager