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1984 10 24 Chanhassen Planning Commission Minutes October 24, 1984 Regular Meeting e Chairman Conrad called the meeting to order at 7:35 p.m. MEMBERS PRESENT Jim Thompson, Tom Merz, Susan Albee, Ladd Conrad, Bill Ryan and Mike Thompson. MEMBERS ABSENT Howard Noziska STAFF PRESENT Barbara Dacy, City Planner and Vicki Churchill, Secretary. Public Hearing: Conditional Use Permit Request #84-14 to allow contractor's yard activities on property zoned R-la and located at 8470 Galpin Blvd., Merle Volk, applicant. Public Present e Merle Volk Diane/Buck Beuch Earl Holasek Roger Schmidt 135 Mound Ave., Tonka Bay 1180 pioneer Trail 8610 Galpin Blvd. 8301 Galpin Blvd. Dacy briefly explained that by City Council direction, staff con- tacted all the contractor's yard owners in the R-la district to try and accommodate as many illegal and non-conforming uses as possible based on the scale and intensity and the location of the contractor's yard. She stated that Mr. Volk stores approximately 16 vehicles on site which may increase during the winter months, and the operation hours are from 7:30 a.m. to 5:30 p.m. daily. He has four employees. She stated that he has installed berms around the vehicle storage area and there is a pole barn on site which is used for repair and servicing of the vehicles. She also added that on site there are unlicensed junk vehicles and the applicant has stated that it was his hobby to restore them. Merle Volk stated that he had planned to plant evergreens along the top of the berm but was unsure how they would survive because of the shade. He had no objections to planting them, however. Earl Holasek stated that there have been no noise or traffic problems with Mr. Volk's operation. - Albee moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. - Planning Commission Minutes October 24, 1984 Page 2 Conrad asked Dacy what type of concerns the commission should be considering in these applications. Dacy stated that in each of the cases the Commission should look at its location and the impact on the surrounding properties. She stated that this particular yard is located at the intersec- tion of two major collectors and has adequate vehicle access. The commissioners were concerned that if there were specific complaints on this contractor's yard what would staff be able to do about it if the permit was already issued. Dacy stated that it would cause a review by staff, and if the operation had expanded or intensified this would trigger another conditional use permit process. She stated that a specific time limit could be a condition of the conditional use permit. J. Thompson moved, seconded by Albee, to recommend approval of Conditional Use Permit Request #84-14 for contractor's yard acti- vities at 8470 Galpin Blvd. with the following conditions: 1. The submission of a landscaping plan indicating the installation of evergreens along and on top of the berm on the south side of the yard. e 2. All equipment must be stored within the confines of the yard area as identified on the submitted site plan and must be kept out of site from adjacent properties. 3. Any enlargement of the operation such as construction of additional buildings or an increase in the number of vehicles beyond what has been submitted in this application must be approved by a conditional use permit. 4. Unlicensed, junk vehicles must be removed from the premises or enclosed in barn/shed. J. Thompson, Merz, Albee, Conrad and Ryan voted in favor. M. Thompson opposed. The motion carried. M. Thompson stated that he felt the ordinance does not provide any criteria on which to make this decision. Because it is non- specific he is not in the position to establish criteria in which to render a decision on the conditional use. Public Hearing: Conditional Use Permit Request #84-13 to allow contractor's yard activities on property zoned R-la and located at 8470 Galpin Blvd., R & W Sanitation, applicant. 4It Public Present Russ & Wendy Leistiko Merle Volk 8470 Galpin Blvd. 8470 Galpin Blvd. Planning Commission Minutes october 24, 1984 Page 3 e Dacy stated that this contractor's yard request is on the same property as Mr. Volk's. Because it is a separate operation/business, the applicant has filed a separate applica- tion. She stated that this request is to allow the storage and repair of garbage trucks. She stated that 7 vehicles are used for the garbage operation and 19 vehicles are used for farming the property. She stated that the applicant has three employees, and the trucks leave the operation about 6:00 a.m. and return about 3:00 p.m. on a daily basis. J. Thompson moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. Albee moved, seconded by J. Thompson to recommend approval of Conditional Use Permit Request #84-13 for the storage and repair of garbage vehicles as part of a contractor's yard located at 8470 Galpin Boulevard subject to the following: 1. Any expansion of the operation such as construction of additional buildings or an increase in the number of vehicles beyond what is represented in Request #84-13 must be approved by a conditional use permit." e J. Thompson, Merz, Albee, Conrad, and Ryan all voted in favor. M. Thompson opposed. The motion carried. M. Thompson stated that he felt the ordinance does not provide any criteria on which to make this decision. Because it is non- specific, he is not in the position to establish criteria in which to render a decision on the conditional use. Public Hearin~: Conditional Use Permit Request #84-15 to allow contractor's yard activities on property zoned R-Ia and located at 6420 Powers Blvd., Larry Kerber, applicant. Public Present Diane & Buck Beuch Larry Kerber 1180 pioneer Trail 6420 Powers Blvd. Dacy stated that this operation consisted of two bobcats, a two- ton truck, a trailer and a small farm tractor. She stated that the applicant has indicated that these vehicles are normally stored in a garage or kept behind a solid fence behind the pro- perty. Mr. Kerber stated that he is planning to add onto the existing garage and wondered if he would have to go through the process aga1n. He stated that he wants to add on a 26' x 30' addition onto the present garage sometime in the future. e Planning Commission Minutes October 24, 1984 e P~e 4 Dacy stated another application would have to be processed if it would be used as part of his contractor's yard operation. She added that the Commission could consider the garage addition now in the motion if they have no concerns with it. Albee moved, seconded by Merz to close the public hearing. All voted in favor and the motion carried. Albee moved, seconded by Merz, to recommend approval of Conditional Use Permit Request #84-15 for a contractor's yard at 6420 Powers Blvd. subject to the following conditions: 1. Expansion of the existing operation must be approved by a con- ditional use permit. 2. All equipment must be stored within a building or behind the existing fence. 3. That City Council be aware that Mr. Kerber may be adding a 26' x 30' addition onto the existing garage to store his existing vehicles." e Ryan asked if the zoning changed on this piece of property would that mean this would be a non-conforming use. Dacy stated yes it would if contractor's yards are not permitted in that district. Ryan stated the applicant woult not be allowed to expand his garage. M. Thompson asked if in a future subdivision, to the south, for example, complaints occurred about the contractor's yard, would Mr. Kerber still have a conditional use permit. Dacy stated that as long as it is under the R-la classification, and he has approval of the conditional use permit, he has the right to continue that use. She stated that if there is a complaint by a future subdivision, that will trigger another con- ditional use permit process, if there are adverse impacts on that subdivision. J. Thompson, Merz, Albee, Conrad and Ryan voted in favor. M. Thompson opposed. The motion carried. M. Thompson stated that the parcel is 3! acres in size and is con- tiguous to R-l zone. He stated that the request is not consistent with the intent of the ordinance, and there is no criteria listed e in the ordinance on which to base a decision. e Planning Commmision Minutes October 24, 1984 Page 5 Public Hearing: Subdivision Request #84-23 to subdivide a 2.13 acre tract into a 1.23 acre parcel and a .87 acre parcel on prop- erty zoned R-l and located at 6740 Powers Blvd., Lewis woitalla, applicant. Public Present Paul Larson (representing applicant) James & Norma Ravis 1969 Shorewood Lane 6660 Powers Blvd. Dacy stated that the applicant is proposing to subdivide his 2.1 acre parcel into two lots and intends to sell the 1.23 acre lot to Mr. Ravis whose parcel abuts the northern boundary of the applicant's parcel. She stated that the lot sizes meet the requirements of the Subdivision Ordinance but the 1.23 acre par- cel should not exist as a separate lot of record and should be described and recorded as part of the prospective property owner's lot. She stated that a 50 foot roadway and utility easement tra- verses the .87 acre parcel from Powers Blvd. west to the proposed 1.23 acre parcel and added that this access easement would not be needed because there would not be a landlocked parcel. e J. Thompson moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. J. Thompson moved, seconded by Albee that the Planning Commission recommends approval of Subdivision Request #84-23 subject to the consolidation and recording of the 1.23 acre parcel with the prop- erty owned by Mr. Ravis. All voted in favor and the motion carried. Public Hearing: subdivision Request #84-22 to replat Lots 3 and 4, Bandimere Heights 2nd Addition into 4 lots to be known as Eickholt Addition on property zoned R-l and located at 9370 and 9380 Kiowa Trail, Bob Eickholt, applicant. Public Present Robert & Mary Jane Eickholt 9380 Kiowa Trail e Dacy stated that the applicant is proposing to replat two lots of the Bandimere Heights 2nd Addition into 4 single family residen- tial lots. She stated that each lot meets the lot area require- ments of the Shoreland Management Regulations and complies with the subdivision ordinance requirement of 90 feet of lot frontage at the building setback line. She stated that the lot created for the existing residence (Lot 3) dictates that the existing home be located 9.85 feet from the north lot line and the required amount ten feet. She stated that the encroachment is negligible and realigning the lot line would mean reducing the required lot width for the proposed Lot 2. Planning Commission Minutes October 24, 1984 Page 6 e Dacy also stated that she had just received a letter from Mr. Bell, a neighbor, who felt that the proposed subdivision into smaller lot sizes would result in a deterioration of the property values in the neighborhood. The letter stated that most of the lots are larger in the area and the resulting homes would most likely not be up to the standards of the homes presently in the neighborhood. Mr. Eickholt stated that he has read the letter and states that he has 450 feet of frontage on that street. He stated that Mr. Bell states that there are larger lots, but they have steep incline and not usable land. M. Thompson asked how big the lots were in the area. Dacy stated that when Bandimere 2nd Addition was platted the lots were approximately 30,000 square feet, but added that across the street they were platted around 20,000 to 25,000 square feet. Merz asked if Bandimere Heights has any deed restrictions. Mr. Eickholt stated that there were convenants but they were out- dated. He stated that it does state a minimum size for a home. He added that the size of lots were dictated by the fact that ~ there was no sewer available at that time (1969). Mr. Eickholt stated that when he built his house, the land was at a decline and he filled the land up and felt that it would make up for the discreptancy of the required 10 foot setback. J. Thompson moved, seconded by Albee to close the public hearing. All voted in favor and the motion carried. J. Thompson moved, seconded by Albee that the Planning commission recommends approval of Subdivision Request #84-22 to replat Lots 3 and 4, Block 2 of the Bandimere Heights 2nd Addition into four single family lots to be known as the Eickholt Addition. All voted in favor and the motion carried. Public Hearing: Subdivision Request #84-7 to subdivide 56.85 acres into 20 single family residential lots on property zoned R-la and located north of and adjacent to pioneer Trail, one-half mile west of T.H. 101, J.C.B. Partnership, applicant. Public Present Diane/Buck Beuch Mr. & Mrs. DeJoode Tom Bergquist 1180 pioneer Trail 811 pioneer Trail 12411 Bent Tree Lane, Minnetonka ~ Dacy stated that the applicant orginally proposed a sketch plan for four large tracts to be resubdivided into eighteen lots and Planning commission Minutes October 24, 1984 e Page 7 the preliminary plat now proposes twenty lots, each totalling at least 2.5 acres. She stated that Carver County recommended a 75 foot wide strip be reserved on the western boundary of the plat to allow for the future extension of Powers Boulevard to pioneer Trail. She noted that this would reduce the lot area of three lots below the 2.5 acre minimum and staff has recommended that a lot in this area be eliminated. She stated that Lots 5 and 6, Block 2 need to be widened to allow for more area for a second septic system should the first one fail. She also added that the street names should be revised so as to not duplicate the name Pioneer. Ronald Landin asked if any of the houses would use West 96th Street? Dacy stated that they would use pioneer Trail, and the street alignments are such that they would allow for extension into the properties to the north. e Tom Bergquist stated that he is representing J.C.B. and the 75 foot right-of-way was the third choice of the County for the relocation or improvement of this road, being that it dead ends into the golf course to the south. He stated that if there is a request from the County, that at that time they be given the 75 foot right-of-way. Dacy stated that Carver County obviously feels this is necessary for their long range planning. She stated that if it is reserved and it is not used, then it can be returned to those properties. Diane Beuch was concerned about the safety factors because of the extremely long cul-de-sac. She thought there was a 500 foot limit in the City and with only one access there might be a problem. Dacy stated that there is a requirement of 500 feet for cul-de- sacs however, when the the City began allowing rural subdivisions, a 500 foot length becomes impactical when the required lot width is 180 feet and the orverall density is less than one unit per acre. Mrs. DeJoode asked if the topography would be changed along pioneer Trail because water runs across their property and it is bad enough without adding more changes to the land. Dacy stated that much of the grade would remain the same and that most of changes would occur in the area of the streets and the drainage should flow to the west. e Dacy stated that the City Engineer would be looking at the grading plans and making recommendations to correct any problems he sees. e Planning commission Minutes October 24, 1984 Page 8 Ryan moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. J. Thompson was concerned about the percolation test data just meeting the requirements. He also commented on the letter from Paul Waldron. J. Thompson stated that he has alot of concern in view of the large federal government grant to improve that area. He stated that he has expressed this in the past and thinks it is the homeowner's responsibility to put in a system that will not fail and should it fail, it is the homeowner's responsibility to fix it not the federal government. The Commissioners were concerned about the drainage in the sub- division. Dacy stated that the City Engineer felt that the way it was pre- sented was acceptable. She stated that he has reviewed the plat and is aware of the existing and proposed drainage patterns. Albee moved, seconded by Ryan to table this request until the drainage questions can be answered and have the City Engineer pre- pare an analysis on the water flow and because of the marginal perc tests. e J. Thompson, Albee and Ryan voted in favor. Merz, Conrad and M. Thompson opposed. Motion failed. M. Thompson moved, seconded by Merz to recommend approval of Subdivision Request #84-7, "Pioneer Hills", subject to the following conditions: 1. Before the case goes to the City Council staff and the appli- cant arrive at a specific number of lots with a 2.5 acre minimum (reduction of one lot in Block 2 to maintain the 2.5 acre lot area minimum). 2. That the City Engineer review and prepare a report on the drainage situation and water problems. 3. Reservation of a 75 foot right-of-way along the western boun- dary of the plat. 5. Widening of Lots 5 and 6, Block 2 at least twenty feet. 6. Revision of street names. e Merz, Conrad, Ryan and M. Thompson voted in favor. J. Thompson and Albee opposed. Motion carried. e Planning Commission Minutes October 24, 1984 page 9 Public Hearing: Land Use Plan Amendment #84-5 to amend the Metropolitan Urban Service Area boundary on property zoned R-la and located west of Lake Riley Blvd. and north of Lyman Blvd., Bob Eide, applicant Public Present Robert & Richard Eide Craig Mertz Lake Riley Blvd. 1900 1st Bank Place West, Mpls. Dacy stated that the applicant is proposing to amend the MUS A boundary to include 10 acres of his property. She stated that as it exists now, the MUSA boundary cuts diagonally across the parcel and was probably drawn based on existing topographic and sewer information at that time. She stated the land should have been included because it can be developed. She explained that the owner of the parcel that lies west of the Eide parcel, Mr. Quinn, has been contacted about a possible land swap. Mr. Quinn stated that he is not willing to swap his ten acre parcel to be excluded from the MUSA area. e Mr. Eide stated that Richard Eide's parcel abuts the sewer lift station on the corner of Lyman Blvd. and Lake Riley Blvd. He stated that in talking with the City Engineer he was told that all of the property could be served by gravity flow sewer ser- vice. He stated that Mr. Quinn's property was not servicable by logical sewer extension because the locations of the line would require a minimum of over 1,600 feet of line easements and felt that the development along Lyman Blvd. would have alot of opposi- tion because those people would possibly have to hook up to that extension. Craig Mertz stated that he was representing the Lakeview Hills owners, who own property to the east, and would not be willing to remove a portion of their property from the MUSA boundary. Albee moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. J. Thompson moved, seconded by Merz to table this request until staff can locate another parcel that could be swapped. Public Hearing: Conditional Use Permit Request #83-3 to amend the Conditional Use Permit for the adaptive reuse of Minnetonka West Jr. High School to allow the placement of a 2' x 6' sign on property zoned R-l and located at the Minnetonka West Jr. High School, Farmhand, Inc., applicant. e Public Present James Hardy Farmhand, Inc. Planning Commission Minutes October 24, 1984 P ag e 10 e Dacy stated the applicant is requesting an amendment to the Minnetonka Jr. High School's Conditional Use Permit which stipu- lates that signage be limited to one business directory sign. She stated that because of extensive shrubbery and the fact that Farmhand's portion of the building cannot be accessed from the school's main entrance, they are requesting a 2' x 6' iden- tification sign made of wood to be located outside their entrance. She said that the proposed location of the sign is within the school grounds and cannot be seen by adjacent properties. Merz moved, seconded by Albee to close the public hearing. All voted in favor and the motion carried. The Commissioners were concerned that if they approved this, the other tenants of the school might want a 2' x 6' foot iden- tification signs as well. Mr. Hardy stated that a survey was taken from the other tenants in the building asking them if they would want a similiar sign or if they would object to Farmhand having a sign for their opera- tion. He stated that 17 letters were sent out, 13 of them did not respond, 3 said no they didn't want a sign. He stated that Tom Ortman was the only one who wanted to put up a sign. - M. Thompson moved, seconded by Merz, that The Planning Commission recommends approval of Conditional Use Permit Request #83-3 to allow the placement of a 2' x 6' sign in the location proposed by the applicant. All voted in favor and the motion carried. The reason for approval is that it faces the internal driveway and cannot be seen by adjacent properties. The Commissioners also stated that they are tyring to help the school district lease the school out. Also, Farmhand has a private entrance, and the appli- cant occupies an excess of 18,000 square feet. Public Hearing: Zoning Ordinance Amendment Request #84-5 to Section 11.04 of the zoning Ordinance to allow 1) outdoor storage and 2) warehousing and cold storage as conditional uses in the C-3, commercial Service District, Mike Sorenson, applicant. Public Present Mike Sorenson 7606 Erie Avenue e Dacy explained that the applicant is proposing to amend the C-3 Commercial Service District regulations to allow outdoor storage, warehousing and cold storage as conditional uses. She stated that there are two areas in the City zoned C-3: 1) the western area of the Frontier Development park and 2) the area east of T.H. 101 and on the north side of Hwy. 212. She stated that the second area is th0 m)~1 appropriate for the proposed type of use because e Planning Commission Minutes October 24, 1984 Page 11 it is a "dry" use (which doesn't require on site sewage facilities), has natural screening features, and has access to a major throughfare. She stated that the conditional use process would enable the City to adequately control the proposed uses in the C-3 district. Mike Sorenson stated that the proposed site on Hwy. 212 is unique for this type of use because there is no sewer. Al Klingelhutz spoke in favor of the request stating that the pro- posed location is an appropriate one. J. Thompson moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. M. Thompson moved, seconded by Ryan that the Planning Commission recommends approval of Zoning Ordinance Amendment #84-5 to amend Section 11.04, Conditional Uses of the zoning Ordinance as follows: 7) outdoor storage 8) warehousing and cold storage ~ All voted in favor and the motion carried. APPROVAL OF MINUTES J. Thompson moved, seconded by M. Thompson to approve the minutes of October 10, 1984 meeting as written. All voted in favor and the motion carried. Meeting adjourned at 10:30 p.m. e