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PC MinutesCHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 21, 2023 CALL TO ORDER: Chairman Noyes called the meeting to order at 7:00 p.m. He noted he will adjust the agenda and begin with the Administrative Presentation. MEMBERS PRESENT: Eric Noyes, Erik Johnson, Perry Schwartz, Edward Goff, Kelsey Alto, Ryan Soller. MEMBERS ABSENT: None. STAFF PRESENT: Bob Generous, Senior Planner; Olivia Adomabea, Community Development Intern, Mackenzie Young-Walters, Associate Planner; Sharmeen Al-Jaff, Senior Planner; Eric Maass, Planning Director, Water Resources Engineer Joe Seidl. PUBLIC PRESENT: Tim and Nancy Crain 1956 Andrew Court Michael Huber 8976 Southwest Village Loop Len Simich Southwest Transit Matt Fyten Southwest Transit Leigh Stoakes Xcel Energy ADMINISTRATIVE PRESENTATION Planning Director Eric Maass invited Sharmeen Al-Jaff forward noting she has served the community for 32 years, spanning 5 decades, and he commends her for her work and for all she has done for the City of Chanhassen and its residents. He thanked her and shared this will be Ms. Al-Jaff’s last Planning Commission meeting as a staff member. Chair Noyes congratulated Ms. Al-Jaff on her retirement. Ms. Al-Jaff stated it has been an honor and a pleasure serving the residents of the community. PUBLIC HEARINGS: 1. 746 CARVER BEACH ROAD - CONSIDER A REQUEST FOR A VARIANCE TO BUILD A POOL, FENCE, AND RETAINING WALLS Community Development Intern Adomabea gave a summary of the staff report noting the applicant is requesting to build a pool, fence, and retaining walls within the require bluff setback and impact zone. The plat was recorded in 1927, zoned single-family residential, with a lot cover of 18.8% which is lower than the required 25%. The home was constructed prior to the city’s bluff ordinance and has numerous non-conforming features. The applicant is asking to rebuild existing retaining walls in poor condition, construct a swimming pool at the current location of a Planning Commission Minutes – March 21, 2023 2 concrete patio, and reinstall fencing that is in poor condition. Staff recommends the retaining wall request is approved. Regarding the pool, it would be an expansion from 240 square feet of the concrete patio with a 275 square-foot pool apron, which would add to the lot cover calculation. Although the project will create an expansion, it is already within the disturbed area within the bluff and will not exceed the 25% lot cover, hence staff recommends approval of the pool request. Regarding fencing, the existing fence on the southern property extends beyond the property line and the applicant wants to resolve that and pool fencing is required by code. Staff recommends approval of the fencing request. Given that the majority of the applicant’s rear-yard is encumbered by the bluff and that the portion in question has already been disturbed, Staff believes the applicant’s request is reasonable. The applicant has revised the original proposal to add 10 square feet and 35 square feet of new impervious surfaces within the bluff setback, and it has its genesis in the circumstances associated with the home's age and the property's topography. Commissioner Schwartz asked if the existing disturbance has modified the integrity of the bluff. Ms. Adomabea stated that the applicant indicated that the retaining wall is failing due to erosion. If the bluff had not been disturbed, erosion would not have been a problem on the property. Commissioner Schwartz asked if the construction of the apron will further disturb the integrity of the bluff. Ms. Adomabea replied in the negative noting the boundary of the proposed pool is not within the bluff area. Mr. Young-Walters noted in talking about disturbance of the bluff, it is very clear that during development they leveled-off a bit of the northwest portion of the bluff to create the building pad and used a series of retaining walls. Some of those walls are not in great condition so part of the application is to repair and re-stabilize those walls. Regarding the pool, they will be replacing a deteriorating boulder wall with a new concrete wall that would shore up that portion of the slope and improve the property from a stability standpoint. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Alto moved, Commissioner Goff seconded that the Chanhassen Board of Appeals and Adjustments approves the variance request to construct a swimming pool, retaining walls, and a fence within the required bluff setback and impact zone, 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. 2. SOUTHWEST VILLAGE - PUD AMENDMENT AND SITE PLAN AMENDMENT TO ALLOW A MULTITENANT USER AND A DRIVE THROUGH FOR A COFFEE SHOP, 680 SOUTHWEST VILLAGE DRIVE