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PC WS SUM 2010 09 21CHANHASSEN PLANNING COMMISSION WORK SESSION SUMMARY MINUTES SEPTEMBER 21, 2010 The Work Session began at 6:15 p.m. MEMBERS PRESENT: Andrew Aller, Kevin Ellsworth, Tom Doll, Denny Laufenburger and Kathleen Thomas. MEMBERS ABSENT: Mark Undestad. STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen Al -Jaff, Senior Planner; Bob Generous, Senior Planner; Angie Kairies, Planner I; and Roger Knutson, City Attorney. PUBLIC PRESENT: None Presentation of Supreme Court Ruling on Variances Roger Knutson discussed the recent Supreme Court decision in Krummenacher v. City of Minnetonka. The Supreme Court ruled that a municipality does not have the authority to grant a variance unless the applicant can show that the property cannot be put to a reasonable use without the variance. Unless and until the legislature revises the statute for the granting of variances, the City should not approve variances unless it finds that a property cannot be put to a reasonable use without the variance. Discussion of Zoning District Uses — City Attorney Roger Knutson discussed the requirement that cities may specify in their ordinances the uses which are permitted within their communities. If an ordinance is general in nature, then cities must permit uses that can be argued meet the general classification. The court has found that if an ordinance is ambiguous, then the ordinance shall be construed in favor of the property owner. It is preferable to be very specific on the uses and to amend the ordinance should a use that is not currently classified wish to locate in the community. Election of Chair and Vice Chair Chair Vice -Chair Aller, Andrew Laufenburger, Denny Thomas, Kathleen Aller, Andrew Laufenburger, Denny Thomas, Kathleen Andrew Aller X X Tom Doll X X Kevin Ellsworth X X Denny Laufenburger X X Kathleen Thomas X X Totals 0 5 0 3 0 2 Planning Commission Work Session Summary — September 21, 2010 Denny Laufenburger was elected as Chair. Andrew Aller was elected as Vice - Chair. Discuss Upcoming Joint Meeting with City Council on October 11, 2010 Kate Aanenson told the Planning Commissioners that the City Council had scheduled a joint meeting with the Planning Commission for Monday, October 11, 2010. The Planning Commission will be advised as to the time of the meeting. Kate requested that the Commissioners determine if there were any items which they would like to discuss with the City Council. Denny Laufenburger stated that they should discuss the City Council's policy for replacement of Planning Commission vacancies. The Work Session portion of the meeting was concluded at 6:50 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Robert Generous 2 Chanhassen Planning Co mmission Se tember 21, 2010 Chairman Vice - Chairman Her, Andrew Laufenburger, Denny Thomas, Kathleen �b CPI—L. Chanhassen Planning Commission September 21, 2010 Chairm Vice- Chairman Aller, Andrew Laufenburger, Denny Thomas, Kathleen Chanhassen Planning Commission September 21, 2010 Chairman Vice- Chairman Aller, Andrew —4, Laufenburger, Denny Thomas, Kathleen 0 Chanhassen Planning Commission September 21, 2010 airman Vice - Chairman Aller, Andrew -I L Laufenburger, Denny Thomas, Kathleen A-LA FE nJ'S u M F Chanhassen Planning Commission September 21, 2010 Chairman Vice - Chairman Aller, Andrew Laufenburger, Denny Thomas, Kathleen Chanhassen Planning Commission September 21, 2010 Chairman Vice - Chairman Aller, Andrew W Laufenburger, Denny Thomas, Kathleen OPY Chanhassen Planning; Commission September 21, 2010 Chairman Vice- Chairman Aller, Andrew Laufenburger, Denny Thomas, Kathleen 'V� Chanhassen Planning Commission September 21, 2010 Chairman Vice- Chairman X Aller, Andrew Laufenburger, Denny Thomas, Kathleen e 'er 'm `j I P'Urtv�ouRGEX-' Chanhassen Planning Commission September 21, 2010 Chairman Vice - Chairman Aller, Andrew Laufenburger, Denny Thomas, Kathleen Chanhassen Planning Commission September 21, 2010 Chairman ice -Chaff Aller, w Laufenburger, Denny Thomas, Kathleen K&1 1�