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PC MinutesCHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 17, 2023 CALL TO ORDER: Vice Chair Noyes called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Eric Noyes, Kelsey Alto, Erik Johnson, Perry Schwartz, Ryan Soller, Edward Goff. MEMBERS ABSENT: None. STAFF PRESENT: MacKenzie Young-Walters, Associate Planner; Erik Henricksen, Project Engineer, Sharmeen Al-Jaff, Senior Planner PUBLIC PRESENT: Keri & Cordell Mack 6621 Minnewashta Parkway Peter Eskuche 18318 Minnetonka Blvd, Wayzata Mary Van Beusekom 6610 Rocky Island, Excelsior GENERAL BUSINESS: 1. Chair and Vice Chair Positions Senior Planner Al-Jaff stated that former Chairman Mark Von Oven was elected to City Council. While the Vice Chair acts as the Chair during the absence of the Chair, the Planning Commission must appoint a new Chair and Vice Chair to serve until April so that there is someone to serve as backup for the current Vice Chair. A new election will be held on April 4, 2023. Commissioner Schwartz moved, Commissioner Goff seconded to nominate Commissioner Alto as Vice Chair. Commissioner Alto moved, Commissioner Schwartz seconded to nominate Commissioner Noyes as Chairman. All voted in favor and the motions carried unanimously with a vote of 6 to 0. PUBLIC HEARINGS: 1. 6621 MINNEWASHTA PARKWAY: CONSIDER A REQUEST FOR VARIANCES FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME Associate Planner Young-Walters gave a presentation on the item, noting the Applicant is proposing to demolish the existing home and replace with a new single-family home and patio; they are also proposing a designated guest parking area that encroaches into the city’s right-of- way. The Applicant has noted it is unsafe to back out on to Minnewashta Parkway and the road does not allow on-street parking. The Applicant also noted they are improving the non- conformity with regards to the lake setback by moving the house further back from the lake, and Planning Commission Minutes – January 17, 2023 2 that the constricted building pad does not allow for building on the lot without setback variances. They also propose vegetative buffers and rain gardens to offset. Erik Henricksen, Project Engineer noted the proposed plans show increased impervious area and one concern is that the storm water would run directly into Lake Minnewashta. The Applicant proposed a vegetative buffer and two rain gardens; Staff’s assessment is that increase in impervious surface cannot be offset by those improvements as they are required within the city nonetheless. He spoke about the parking pad within city right-of-way and noted Engineering cannot be in support due to Article 17-5 of the City Ordinance. Engineering feels there is adequate room on the site for parking and a turnaround. Mr. Young-Walters spoke about practical difficulties and noted staff supports the requested front and shoreland variances, as the width of the lot does not provide a viable building pad. Regarding the driveway, the Applicant would have reasonable use and quite a bit of off-street parking even if the segment that encroaches into the right-of-way were removed. The four-car garage accommodates parking with four cars in front of the garage plus another three cars. Mr. Young-Walters noted the driveway is decreased from existing and the home footprint has increased by 1,800 square feet. Staff believes there is reasonable use on this parcel without the requested lot cover variance. Staff recommends approval of the setback variances and denial of the requested lot cover and parking area variances. Cordell Mack, Applicant, shared about his family’s 25 year history in the area noting the concept is to build a home that keeps their family and extended family near. He appreciates city staff’s involvement with the complexity on the property. Mr. Mack noted the family lives in the current home and they know what it is like trying to move cars around so a 16-year-old can exit the property safely onto Minnewashta Parkway. He shared about the difficulties with snow removal due to limited setbacks and the difficulties in moving the cars around to exit the property and the lack of off-street parking. They have lived this reality and are not asking for “wishes” that are not practical. Mr. Mack spoke about excessive speeds and industrial trucks using the road and stated they must get this right to enter and exit the property safely. He noted this is trying to accomplish a project that is minimal to their family needs, that they can grow with, they can keep their children around them, and provide safety. Peter Eskuche appreciates staff’s work on this project and noted the biggest “miss” is the fact that it is a very low lot and they cannot have a basement. To accommodate mechanical storage they must make it up in the garage and cannot build a three-story house and still meet the conforming building height. In analyzing the driveway, the circle drive that is currently there is very challenging, and he demonstrated that the current design allows every garage stall and guest spot to back out and exit safely. The additional space for the house is due to the lack of basement and is a practical difficulty. Mr. Eskuche noted the Applicant accommodated the City’s recommendation and pushed the house toward the street which pushed the car stalls toward the street, as well. He spoke about the rain gardens and vegetation noting the Applicants are trying to mitigate everything hardcover so that it is not going into the lake. Regarding scale of the house, there is data that shows local cities’ such as Minnetonka whose permits show an average house size of 4,300 square feet; this house is slightly larger than that and is a multi-generational house. He believes the house is in the spirit of the Code and is reasonable. Planning Commission Minutes – January 17, 2023 3 Commissioner Alto understands how frustrating parking is and asked if that is a top priority, and if it is the number one concern, why did they purchase a home on a street that did not have street parking? Mr. Mack replied they honestly did not know how big of an issue it would be until living in the home. Commissioner Alto asked if moving from a four-car turnaround to a three-car turnaround would make a large difference to the Applicant. Mr. Mack does not know. He noted it is not just where the car is placed but where the other car is and whether a car can safely back up without hitting two other cars while exiting. It is a rubix cube and he knows there is need for ample space and flexibility with younger drivers around their property. He noted they want to be collaborative and find solutions with the city; they are focused on the function of having a property that works well. Commissioner Schwartz noted allowing this exception in the right-of-way would open the floodgates with everyone wanting an exception. He thinks the burden is on the Applicant to conform to City Code to the greatest extent possible. He asked if there is way to put their heads together that would work for the family and conform to City Code which would be the best approach. Mr. Mack noted if the spirit of the project is understood and it is literally about the right-of-way issue, they are more than happy to accommodate and collaborate on that. His only comment is that this is a unique property. Commissioner Soller wonders about some space being eliminated in the parking area. He also wants to think about the hardcover variance as that is potentially the toughest one. Mr. Mack noted if the concern is around the overall lot coverage that is much more of a threshold issue that will determine the outcome of the project. Commissioner Alto understands Lake Minnewashta lots are extremely unique and challenging and noted the Commission has to be consistent in the way they are handled. Approving things like this is how they continue to get larger and larger houses with lot covers and it snowballs. She wants to be sure the next person doesn’t ask for 10% lot coverage and then the next person asks for 12%. Ms. Alto asked what 7% looks like in this case? Mr. Young-Walters noted it would be substantial and provided context onscreen showing the existing home and the expanded footprint which is an approximately 1,800 foot increase an almost doubles the footprint of the home. He noted about 450 square feet of that expansion is offset by the removal of other hardcover on the property. The homeowner could make additional redesigns (remove additional patio, use a deck over grass) but they could not get the 3,700 square foot footprint while maintaining the 2,500 square foot driveway. Planning Commission Minutes – January 17, 2023 4 Commissioner Schwartz asked about the difference between a rain garden and retention pond. Mr. Henricksen replied a rain garden has some sort of infiltration and native planting and does not hold water while a retention pond holds water. Chairman Noyes opened the public hearing. Mary Van Beusekom, 6610 Rocky Island Lane, would like to know if the building would interfere with her view of the lake. Mr. Young-Walters believes the peak of the roof is in the mid-thirties, approximately 35 feet. He does not know the fall of that property relative to her home. The Applicant is not requiring a height variance as the height proposed is permitted under City Code. Mr. Young-Walters noted the city received a note from a neighbor (included in the packet) who expressed their support for the requested variance and noted the challenges with parking and snow storage. Chairman Noyes closed the public hearing. Commissioner Soller asked about precedence with the right-of-way and asked if any other variances encroach into the right-of-way on Minnewashta Parkway. Mr. Young-Walters replied in the negative, not to his knowledge. There are non-conforming encroachments such as a house to the north where a turnaround may go into the right-of-way a few feet. He would have to do some homework to determine whether it is illegal or legal non- conforming. Two have non-conforming dual accesses creating a U-shaped driveway, one of which was required to be removed as part of a variance for a garage expansion. Within the city, the Horseshoe Curve variance is the only time he is aware of the city granting a parking pad in the encroachment and staff was not in support for many of the same reasons as with this application. Commissioner Soller asked regarding hardcover, does the city see many variances granted greater than 1.13% lot cover? Mr. Young-Walters replied in the affirmative, however it requires a huge amount of context. One property was granted a 3% lot cover variance but was a 1,600 square foot property and lot cover was required to be removed. On Red Cedar Point, one will see variances going into the 30% range, however lots there are substandard and half the size of City Code. In his opinion, going by percentage is not the best metric because it is inter-related with lot size. Chair Noyes noted this calculation is approximately 1,332 square feet larger than existing. He asked how many on the lake have been seen that are 1,332 square feet? Mr. Young-Walters needs to do research to give an intelligent answer. He noted 1,300 is a lot and it is pretty rare that the city gives variances over 30%. Typically it is because of a smaller lot. He does not recall ever seeing a total lot cover in the 7,000 range as an eligible variance. He Planning Commission Minutes – January 17, 2023 5 clarified that staff would support a 1.13% lot cover variance which is the extent of the existing non-conformity. Commissioner Soller asked about the uniqueness or hardship of not having a basement on the lot. Mr. Young-Walters replied staff believes a house of reasonable size can be constructed within the confines of the Code. Chair Noyes believes residents need to have the opportunity to use and develop their properties. However it must be within the guidelines the city has put together. He realizes this lot has practical difficulties, however every time they talk about lakeshore property, they are talking about practical difficulties. Chair Noyes noted they could set a precedent here that creates an avalanche situation because this is a big variance. He thinks there could be some room to look at redesign efforts and make the house smaller; he stated 1,300 square feet is a lot and this is a mammoth house. Commissioner Alto agreed. Commissioner Soller clarified three stories is out of the question due to the height. Mr. Young-Walters replied in the affirmative. Commissioner Goff feels for the homeowners but noted the Commission cannot set a precedent. Commissioner Alto moved, Commissioner Goff seconded that the Chanhassen Board of Appeals and Adjustments denies the requested 7.13% lot cover variance, denies the requested variance for a parking area in the right-of-way, approves the requested 30-foot shoreland setback variance, approves the requested 13-foot front yard setback variance, and approves a 1.13% lot cover variance for the construction of a home and patio, subject to the conditions of approval, and adopts the attached Findings of Facts and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED DECEMBER 6, 2022 Commissioner Goff noted the summary Minutes of the Planning Commission meeting dated December 6, 2022 as presented. CITY COUNCIL ACTION UPDATE: Mr. Young-Walters shared the city has rolled out the short-term rental licensing with four sent in so far. ADJOURNMENT: Commissioner Alto moved, Commissioner Goff seconded, to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:07 p.m. Planning Commission Minutes – January 17, 2023 6 Submitted by Sharmeen Al-Jaff Senior Planner