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PC Minutes 23-14CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JULY 18, 2023 CALL TO ORDER: Vice Chair Alto called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Erik Johnson, Kelsey Alto, Perry Schwartz, Ryan Soller, Edward Goff MEMBERS ABSENT: Chair Eric Noyes, Steve Jobe STAFF PRESENT: Bob Generous, Senior Planner; Eric Maass, Planning Director; Joe Seidl, Water Resources Engineer PUBLIC PRESENT: Les MacLeod 1919 Woodstone Lane Tommy Everson 5301 Glen Brey Circle Mark Nordland Level 7 Development John Sonnek Cudd Homes Jon Gilbert 1641 Jeurissen Lane William Hanke 8320 Suffolk Drive Justin Baulm Mesenbrink Construction & Engineering, Inc. Tim Craine 1956 Andrew Court Nichole Jesse 8198 Stone Creek Drive PUBLIC HEARINGS: 1. CONSIDER A REQUEST FOR A VARIANCE TO ALLOW THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT WITHIN A SINGLE-FAMILY HOME AT 2730 SANDPIPER TRAIL Senior Planner Bob Generous gave a summary of the staff report, noting the applicant is requesting to remodel 600 square foot room above the garage to facilitate intergenerational living. The applicant meets the requirements to allow a two-family home based on demonstrated need upon age. Commissioner Schwartz asked when previous variances similar to this request have been reviewed. Mr. Generous stated they received one in July. Commissioner Schwartz asked if these types of requests have been increasing. Planning Director Eric Maass stated that he did not have this specific number available at the moment. Planning Commission Minutes – July 18, 2023 2 Commissioner Johnson asked the purpose of the variance since the utilities and entrances are not separate. Mr. Generous stated it does not allow the property to rent out the space. Commissioner Schwartz stated if they did not seek a variance, they would be eligible for a short-term rental. Mr. Generous stated they do not get involved with rentals of portions of home if the space does not have a separate place to eat, sleep, and use the restroom. Vice Chair Alto asked if they rent it out in the future, what the punishment would be. Mr. Generous stated it would be a violation of the zoning ordinance. Les MacLeod, 1919 Woodstone Lane, the owner of the house, stated his sons currently live at 2730 Sandpiper Trail. Vice Chair Alto opened the public hearing. There were no public comments. Vice Chair Alto closed the public hearing. Commissioner Johnson asked about the wording of the code. Mr. Maass stated staff could review the ordinance. Vice Chair Alto asked for clarification of the code. Mr. Maass stated it connects back to the single-family definition and definition of a dwelling. Commissioner Schwartz clarified if the home is sold, the variance would remain present in the title. Commissioner Johnson stated the two-family dwelling language rather than accessory dwelling unit was present in the code and asked for clarification. Vice Chair Alto stated staff can review the language. Commissioner Schwartz moved, Commissioner Soller seconded that the Chanhassen Board of Appeals and Adjustments approves a variance to permit the applicant the use of a single-family dwelling as a two-family dwelling, subject to the conditions of approval, and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. CONSIDER A REQUEST FOR A SIDE YARD SETBACK, LOT COVER, AND OTHER VARIANCES TO ALLOW THE CONSTRUCTION OF A SINGLE-FAMILY HOME AT 3732 HICKORY ROAD Senior Planner Bob Generous reviewed the variance request for 3732 Hickory Road. There is an existing home on the lot. The property owners wish to demolish the existing home and replace it with a three-story new home. The property owner is requesting a side yard setback of 8 feet east, 7.9 feet west, and 4.9 feet for the walkway canopy, lot cover is 27.3 percent. Commissioner Schwartz asked where the garage would be located. Mr. Generous stated it would be streetside.