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PC Minutes 3-20-07 Planning Commission Meeting - March 20, 2007 5. The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. A description of the tower's capacity, including the number and type of antennas that can be accommodated should also be provided. 6. The monopole color shall be the brand "Tnemac" and the color "Blue Elusion". 7. All outdoor storage associated with the Halla Nursery and located within Outlot A, Halla Maryanne Addition, shall be removed prior to issuance of a building permit for the tower and the area shall be revegetated." All voted in favor and the motion carried unanimously with a vote of 7 to o. PUBLIC HEARING: GAUER ADDITION: REQUEST FOR A TWO-LOT SUBDIVISION WITH A VARIANCE FOR ACCESS OFF A PRIVATE STREET ON PROPERTY LOCATED AT 3820 LONE CEDAR LANE (LOT 4. BLOCK 1. CEDAR CREST). APPLICANT SCOTT & LAURIE GAUER. PLANNING CASE #07-07. Bob Generous presented the staff report on this item. McDonald: Kurt, do you want to start us? Papke: Could you just make it clear where the private street actually is, since that's the key issue for which is in front of us tonight? It wasn't, it's a black and white drawing so just. Generous: It runs through, a portion of Outlot A and then into the right-of-way. Currently it provides access to the property immediately to the east of that, and so it would be within this right-of-way. Papke: So the private street already exists and is built. Generous: It exists. Papke: So the only thing that really gets added on here is a driveway off of the existing private street. Generous: Right. Papke: Okay. Generous: And as part of their original agreement they specified that they could do that, and then as a condition of approval we require that they provide the access easement and maintenance agreement. 15 Planning Commission Meeting - March 20, 2007 Papke: That's all I have. McDonald: Okay. Kevin. Dillon: What's contemplated to go into this new lot? I mean is there a person all lined up to build a house there or is it, are they just speculating that someone's going to build there? What's planned? Generous: I've had lots of people ask me. The property owners can probably tell you better. Dillon: Alright, we'll ask them. McDonald: Debbie? Larson: No questions. Keefe: Quick question for you. I don't know, it was a year or two ago we had a Lake Minnewashta house that actually had a patio that was built lake side and we had a difficult time establishing what the OHW was of Minnewashta. You may recall that. How comfortable are we that it's 945 or 944.5? Generous: That's specified by the DNR and so they've shown it on their survey where that elevation is and they've also shown other contours in the area so. Keefe: So it's really the DNR has that number? Generous: Right, establishes those numbers and then it's maintained over a long time. It's difficult to change. Keefe: Right. Yeah, we just had some conflict in that last one. I was wondering if anything came out of that. Okay. McDonald: Mark. Undestad: I'm good. McDonald: Okay, well if the applicant wishes to come forward and you can present. Laurie Gauer: I'm Laurie Gauer. Scott Gauer: I'm Scott Gauer, 3820 Lone Cedar Lane. McDonald: Okay. Is there anything about this application you feel we should know before we vote on it or? 16 Planning Commission Meeting - March 20, 2007 Laurie Gauer: I think the main thing is that it is an existing private road. It's not something that we are creating, and that's what your decision is based on, and why we're here is to get that variance on a private road, and it's there. And like Bob said, you know the intent all along with when that was put in by the State and then vacated to us was that this property would be subdivided in front of the house so. McDonald: Okay. Questions? Dillon: So is there a builder and a house and all that stuff kind of like. Laurie Gauer: We're in the process of you know talking with realtors and you know, it was always our intent at this point in time to subdivide and pay for college tuition. McDonald: Okay. Debbie? Mark? I'm fine too so I guess that's it. Thanks very much for coming up. This is a public meeting. If anyone wishes to come forward and make comment. Seeing no one get up, we'll close the public meeting and bring it back up for the commissioners for discussion and vote. Mark, anything? Undestad: No. Keefe: I'm fine with it. McDonald: You're fine? Debbie fine? Larson: Okay. Thomas: Okay. McDonald: Okay? Dillon: Okay. Papke: As cut and dried as it gets. McDonald: Okay. Then in that case, I'll accept an amendment. Keefe: Is there a motion? Undestad: Alright, the Chanhassen Planning Commission recommends the City Council approve a two lot, one outlot subdivision with a subdivision variance for access off a private street, plans prepared by Prank R. Cardarelle dated 2/11/07 subject to conditions 1 through 27. McDonald: Do I have a second? Keefe: Second. 17 Planning Commission Meeting - March 20, 2007 Undestad moved, Keefe seconded that the Planning Commission recommends the City Council approve a two lot, one outlot subdivision with a subdivision variance for access off a private street, plans prepared by Frank R. Cardarelle, dated 2/11/07, subject to the following conditions: 1. Each lot must be provided with separate sewer and water services. 2. Address numbers must be posted on each home and on Lone Cedar Lane at the private street entrance. 3. Building permits are required for retaining walls. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. 4. If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 5. Pull park fees will be collected in lieu of land dedication for one lot in the amount applicable at the time of final plat approval. 6. Tree protection fencing shall be installed at the edge of grading limits prior to construction. 7. Any trees identified as being saved on plans dated 2-11-07 that are damaged or removed shall be replaced at a rate of 2: 1 diameter inches. 8. A minimum of one tree is required in each front yard. 9. A cross-access easement and maintenance agreement for the private street in Outlot A will need to be prepared and recorded. 10. All structures (with the exception of one water -oriented accessory structure on each lot that complies with Subsection 20-481(e)(2) ofChanhassen City Code) shall be set back a minimum of75 feet from the OHW of the lake (944.5). 11. All grading or vegetation removal shall be subj ect to Section 20-482 of the City Code. 12. Any existing and proposed docks on the subject properties shall meet the requirements of City Code Section 6, Article 2. 13. All erosion and sediment control measures shall be installed in accordance with the approved building permit. 14. At this time, the estimated total SWMP fee, due payable to the City at the time offinal plat recording, is $5,450. 18 Planning Commission Meeting - March 20, 2007 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 16. Calculations of hydrology in Hydrocad showing that the development meets the requirements of the City shall be submitted. 17. The garage floor elevation should be raised to prevent water from entering the structure. A minimum slope of two percent is required on the west side of the driveway. 18. Install a valley gutter along the front of the driveway to prevent drainage from entering property. 19. Ground (ie. non-paved) surface grades shall not be less than 2%. 20. Emergency overflow locations and elevations must be shown on the plan. 21. An easement is required from the appropriate property owner for any off-site grading. 22. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23. Encroachment agreements are required for any retaining walls proposed within drainage and utility easements. 24. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25. Install cleanout for the sewer service at the bend of the sewer service for Lot 2. 26. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 27. Outlot A must be covered by a drainage and utility easement." All voted in favor and the motion carried unanimously with a vote of 7 to o. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated March 6, 2007 as presented. Chairman McDonald adjourned the Planning Commission meeting at 8:05 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 19