PC SUM 2009 10 06
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 6, 2009
Chairwoman Larson called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Debbie Larson, Kathleen Thomas, Denny Laufenburger, Tom Doll,
and Kevin Dillon
MEMBERS ABSENT:
Dan Keefe and Mark Undestad
STAFF PRESENT:
Kate Aanenson, Community Development Director; Angie Kairies,
Planner; and Alyson Fauske, Assistant City Engineer
PUBLIC HEARING:
ANDING VARIANCE: REQUEST FOR VARIANCES TO CONSTRUCT A HOME ON
PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) LOCATED AT 3625
RED CEDAR POINT ROAD (LOT 11, BLOCK 4, RED CEDAR POINT LAKE
MINNEWASHTA). APPLICANT: BAY CLIFF HOMES, PLANNING CASE 09-15.
Public Present:
Name Address
Gary Peterson 3632 Hickory Road
Angie Kairies presented the staff report on this item. Commissioner Laufenburger asked for
clarification that the variances addressed the footprint of the home, clarification on the location
and encroachment issues involved with Red Cedar Point Road and if the City had received any
negative feedback from neighbors. Chair Larson asked about the impact to trees and shrubs on
the property. Bill Worms with Bay Cliff Homes spoke on behalf of the applicant asking the
Planning Commission to approve the engineer’s recommendations with the exception of the
amount of the front yard setback. Chair Larson opened the public hearing. No one spoke and
the public hearing was closed. After comments from commission members, the following
motion was made.
Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission, acting
as the Board of Appeals and Adjustments, approves a 15.5 foot front yard setback
variance, a 6.5 foot east side yard setback variance, a 9 foot driveway setback variance
along the west property line, a variance from the two-car garage requirement for the
construction of a single-car garage, and a hard surface coverage variance that will include
the removal of the shed and a portion of the driveway, for the construction of a single
family home on a non-conforming lot of record, Planning Case #09-15, and adoption of the
Findings of Fact and Action, and subject to the following conditions:
Planning Commission Summary – October 6, 2009
1.Building Official Conditions:
a.A building permit is required.
b.Any portion of the structure less than five (5) feet from a property line must be of one-
hour fire-resistive construction.
c.Any retaining was greater than 4 feet in height must receive building permit approval.
d.Retaining walls greater than 4 feet in height must be designed by a structural engineer
licensed in the State of Minnesota.
2.City Forester Conditions:
a.Tree protection fencing must be properly installed at the edge of the grading limits on the
entire east, west and south sides. This must be done prior to any construction activities
and remain installed until all construction is completed.
b.The roots of neighboring trees must be cut by hand or a vibratory plow.
c.No equipment may be stored within the tree protection areas.
d.If no trees are present in the rear yard, two overstory, deciduous tree are required to be
planted. If the existing ash tree is preserved, one overstory, deciduous tree will be
required to be planted. Trees must have a minimum diameter of 2 ½” when planted.
3.Water Resource Coordinator Conditions:
a.The plans shall be revised to indicate the placement of silt fence or other approved
perimeter BMP as well as incorporate any applicable Chanhassen standard details for
erosion and sediment control. This should include, at a minimum, 393-5301 and 393-
5302B. All erosion and sediment control features shall be installed prior to any earth
disturbing activities and shall remain in place until at least 75% of the property is
permanently stabilized.
b.The applicant shall apply for and obtain permits from the appropriate regulatory agencies
where applicable and comply with their conditions of approval.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
LOTUS LAKE ESTATES BEACHLOT CONDITIONAL USE PERMIT: REQUEST
FOR
RENEWAL OF CONDITIONAL USE PERMIT FOR LOTUS LAKE ESTATE
BEACHLOT ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND
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Planning Commission Summary – October 6, 2009
LOCATED ON OUTLOT B, LOTUS LAKE ESTATES. APPLICANT: LOTUS LAKE
ESTATES HOMEOWNERS ASSOCIATION, PLANNING CASE 09-16.
Angie Kairies presented the staff report on this item. Lois Anderson, President of the Lotus Lake
Estates Homeowners Association, provided background information on the neighborhood and
their work to improve their beachlot and the quality of the Lotus Lake watershed. Chair Larson
opened the public hearing. No one spoke and the public hearing was closed.
Dillon moved, Thomas seconded that the Chanhassen Planning Commission recommends
that the City Council approve the amended and restated Conditional Use Permit 79-6 for
the Lotus Lake Estates beachlot property located on Outlot B, Lotus Lake Estates,
Planning Case 09-16, subject to adoption of the Findings of Fact and Recommendation and
the following conditions:
1. Outlot B must comply with conditions of the Amended and Restated CUP 79-6.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
ORDINANCE AMENDMENTS TO CHAPTER 20, ZONING: BLUFF PROTECTION.
Kate Aanenson presented the staff report on this item. Commissioner Doll asked if people
affected by this ordinance amendment had been notified. Chair Larson opened the public
hearing. No one spoke and the public hearing was closed.
Thomas moved, Dillon seconded that the Chanhassen Planning Commission recommends
that the City Council adopt the proposed amendments to Chapter 20 of the Chanhassen
City Code pertaining to bluff protection as outlined in the staff report. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
ORDINANCE AMENDMENTS TO CHAPTER 20, ZONING: SIGNS.
Angie Kairies presented the staff report on this item. Chair Larson asked for clarification on
what was being proposed for the logos versus name lettering before opening the public hearing.
No one spoke and the public hearing was closed.
Laufenburger moved, Dillon seconded that the Chanhassen Planning Commission
recommends that the City Council adopt the proposed amendments to Chapter 20 of the
Chanhassen City Code pertaining to Signs as outlined in the staff report. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary
minutes of the Planning Commission meeting dated September 15, 2009 as presented.
COMMISSION PRESENTATIONS:
None.
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Planning Commission Summary – October 6, 2009
CITY COUNCIL ACTION UPDATE.
Kate Aanenson reminded commission members of the
th
upcoming work session and tour on October 20 from 6:00 to 8:00 p.m.
Chairwoman Larson adjourned the Planning Commission meeting at 7:50 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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