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PC SUM 2007 11 20 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES NOVEMBER 20, 2007 Chairman McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jerry McDonald, Kevin Dillon, Kathleen Thomas, Debbie Larson, Mark Undestad and Dan Keefe MEMBERS ABSENT: Kurt Papke STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Angie Auseth, Planner I PUBLIC HEARING: HART VARIANCE: REQUEST FOR A VARIANCE TO EXCEED THE MAXIMUM DETACHED ACCESSORY STRUCTURE SIZE TO CONSTRUCT AN ADDITION TO AN EXISTING DETACHED GARAGE ON PROPERTY ZONED RURAL RESIDENTIAL (RR) LOCATED AT 951 HOMESTEAD LANE. APPLICANT: JDA DESIGN ARCHITECTS, OWNERS, JOHN & CINDY HART, PLANNING CASE 07-28. Public Present: Name Address John & Cindy Hart 951 Homestead Lane John Meyering 1050 Homestead Lane Angie Auseth presented the staff report on this item. Commissioner Undestad asked for clarification on the timeline of the permits and variance application. Commissioner Larson asked about public notification. Commissioner Dillon asked about the applicant's willingness to work with the city. The applicant, John Hart provided background information on their plans to expand the garage and the intended purpose for the expansion. Chairman McDonald opened the public hearing. John Meyering spoke in support of the variance request, noting the houses in the neighborhood are on 2 1/2 acre lots. Chairman McDonald closed the public hearing. After comments and discussion by the commission, the following motion was made. Larson moved, Undestad seconded that the Planning Commission approve Planning Case 07-28 for a 177 square foot variance from the maximum 1,000 square foot detached accessory structure for an addition to a detached garage on Lot 2, Block 3, Pioneer Hills Addition, based on the amended findings of fact stating there are pre-existing standards in the neighborhood of detached structures which exceed 1,000 square feet. All voted in favor, except Keefe who opposed, and the motion carried with a vote of 5 to 1. Planning Commission Summary - November 20, 2007 PUBLIC HEARING: ROSEMOUNT: REQUEST FOR INTERIM USE PERMIT TO ALLOW A TEMPORARY ANTENNA ON TOP OF A BUILDING LOCATED AT 8200 MARKET BOULEVARD. APPLICANT: ROSEMOUNT, INC., PLANNING CASE 07-25. Angie Auseth presented the staff report on this item. Chairman McDonald asked if staff had checked on federal regulations. Kelly Orth with Rosemount, Inc explained the reason for their request and how the wireless system will be tested. Commissioner Undestad asked about possible frequency interference and the antenna locations on the building. Kelly Orth showed samples of the antennas that will be used in their testing. Commissioner Larson asked about the purpose of the testing. Chairman McDonald opened the public hearing. No one spoke and the public hearing was closed. After comments from the commission the following motion was made. Keefe moved, Dillon seconded that the Planning Commission recommends approval of Planning Case 07-25 for an Interim Use Permit to install a 25 foot mast/antenna atop the two story office building at Rosemount, Inc., located on Lot 1, Block 1, Chanhassen Lakes nd Business Park 2 Addition, as shown in plans dated received November 2, 2007, based on the Findings of Fact in the staff report and subject to the following conditions: 1. A building permit must be approved prior to installation of the mast/antenna. 2. The interim use permit is valid for a period of six (6) months from the date of building permit approval. Should the interim use permit need to be extended, the applicant will need to request a formal extension 60 days prior to the expiration date of the permit. 3. Approval of this application is contingent upon City Council approval of the zoning ordinance amendment to Section 20-1515, Antennas mounted on roofs, walls, and existing towers requiring an Interim Use Permit (IUP) for antennas in excess of 15 feet in height. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: ORDINANCE AMENDMENT: CHAPTER 20, ZONING. Angie Auseth presented the staff report on this item. Commissioner Keefe suggested that item 2 under 20-1515 state that the antennas be of a material or color that matches the surrounding area rather than building. Commissioner Dillon asked if there's a need to address diameter, guide wires, etc. associated with antennas. Chairman McDonald opened the public hearing. No one spoke and the public hearing was closed. Dillon moved, Larson seconded that the Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code, with a change to the language in item (2) under Sec. 20-1515 to say that the material or 2 Planning Commission Summary - November 20, 2007 color matches the surrounding environment. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: COMPREHENSIVE PLAN: CHAPTER 2, LAND USE ELEMENT. Public Present: Name Address Mike Wardle 12601 W. Explorer Drive #200 Boise, ID 83713 Scott Raeber 12601 W. Explorer Drive, #200 Boise, ID 83713 Ben Gowan 6440 Hazeltine Boulevard Tom Workman 181 South Shore Court Don Halla 6601 Mohawk Trail, Edina Mary Jane White 670 Creekwood Rick Dorsey 1551 Lyman Boulevard Jeff Fox 5270 Howards Point Road Vernelle Clayton 422 Santa Fe Circle Dave Patchin 17370 Lookout Drive th Sean Cullen 19800 28 Avenue No, Plymouth Jim Boyum 8805 Sunset Trail th Wayne Peterson 7444 64 Street West Dale Hance 6480 Oriole Avenue Bill Ziegler 6441 Oriole Avenue th Michelle M. Curtis 2446 West 64 Street Kate Aanenson provided a summary of what work has been done to date and the schedule for future review and comments. She then reviewed the land use elements included in the comprehensive plan update. Bob Generous reviewed the specific parcels of land with their recommended land use changes. Chairman McDonald asked for clarification on the need for a new community commercial zoning. He then opened the public hearing. Ben Gowan, 6440 Hazeltine Boulevard stated he's been advised that the change in zoning proposed for his property is not all bad. Terry Palmer, Ben Gowan's son, asked for clarification on access options to his father's property. Gary Reed, the owner of 2.21 acres north of Ben Gowan's parcel, stated they are ready for development of their property. Michael Sedley, Sedley Development Partners, 2460 Emerald Trail in Minnetonka, a developer working with Mr. Reed, asked to clarify that if the property owners north or south don't develop but were amenable to an easement access, that that would be okay with the city. Phil Boss, owner of Body, Mind, Spirit retail across the street from Market Square asked if the city has looked at the economic impacts on downtown retail th businesses if a regional center is built. Mel Brooks, 2448 West 64 stated he would like to see the zoning stay at single family residential on the property owned by Gary Reed. Michelle th Curtis, 2446 West 64 Street asked for clarification on access. 3 Planning Commission Summary - November 20, 2007 The Planning Commission took a short recess at this point in the discussion and then continued with the public hearing. Vernelle Clayton, 422 Santa Fe Circle and long time developer and manager of retail space in downtown Chanhassen, emphasized the need to not forget about the viability of retail in downtown Chanhassen and quoted from the 1998 comprehensive plan update which states there is no desire on the part of the city to see that effort diminished with construction of commercial centers oriented to highways outside the business district, noting her main purpose is to avoid having the action of a governmental entity create an unfair competitive situation for the downtown businesses. Mike Wardle with Brighton Corporation, Boise, Idaho gave a power point presentation on a proposal they will make by formal application the early part of next year asking for the land use designation change at the southwest corner of Lyman Boulevard and Highway 101 to mixed use. Chairman McDonald closed this portion of the public hearing. The public hearing will continue at the December 4, 2007 Planning Commission meeting. APPROVAL OF MINUTES:Dillon moved, Thomas seconded to approve the verbatim and summary minutes of the Planning Commission meeting dated November 6, 2007 as presented. All voted in favor and the motion carried unanimously with a vote of 6 to 0. COMMISSION PRESENTATIONS: None. Chairman McDonald adjourned the Planning Commission meeting at 9:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 4