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PC Minutes 6-17-08 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 17, 2008 Chairman Papke called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kurt Papke, Kathleen Thomas, Debbie Larson, Mark Undestad, and Denny Laufenburger MEMBERS ABSENT: Dan Keefe and Kevin Dillon STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen Al-Jaff, Senior Planner; and Joe Shamla, Project Engineer PUBLIC HEARING: MOE VARIANCE: REQUEST FOR VARIANCE FROM SECTION 20-904 FOR ACCESSORY STRUCTURES IN EXCESS OF 1,000 SQUARE FEET ON PROPERTY ZONED RURAL RESIDENTIAL (RR) LOCATED AT 1425 BLUFF CREEK DRIVE. APPLICANT: BRAD MOE - PLANNING CASE 08-13. Kate Aanenson presented the staff report on this item. Larson: Are they planning on building another residence or? Aanenson: Yes. That was the, I’ll go to the, this is the new residence that they’re building. The existing home is this one and they will be building a new residence on site. Larson: Oh, I see. Okay. Aanenson: Yep. That’s why we’re saying we want to make sure we get building permits for the demolition and that’s when we’ll have the historical society come out and take pictures. I’m not sure if that contact’s been made or not yet but we’ll get that done. Laufenburger: Just to clarify. What they’re proposing is to build a garage shop on the location where the existing residence is. Is that correct? Aanenson: Yes. And then a permanent residence too. Laufenburger: Okay. And have they identified where that permanent residence will be? Aanenson: Yes. Approximately when we’re, well they have a significant area on the site to do that because this property itself is over 8 acres so that we don’t see as a problem. Laufenburger: But today they’re not in making application for building that residence? Aanenson: No. Planning Commission Meeting - June 17, 2008 Laufenburger: Okay. I did have another question too. Papke: Go ahead. Laufenburger: It says that they removed some structures prior to this and that was a good thing. Aanenson: Yes. Laufenburger: Is it customary for us to get demolition permits on structures like that? Aanenson: You know sometimes for clean-up sort of thing. Typically you get a demolition permit for a structure itself, if there’s utilities to it, just to make sure that we tapped a well, or capped a well and septic. Those sort of things. I think some of these are more considered out buildings. Technically for agricultural purpose on agricultural land, you do not need a building permit. But when it’s a residence, then it’s not considered agricultural purposes or the garage wouldn’t be considered. The barn would or maybe some of those out buildings may have been so it’s kind of a little bit of a gray area there. Laufenburger: Thank you. Papke: I just have one question. One of the things we always have to consider is what happens if the property is to change hands or be subdivided, etc. In theory you could make 3 lots out of this and one of them would have this fairly large accessory structure. Now in theory it wouldn’t be tremendously different from those lots that have large accessory structures that were grandfathered in before we changed the zoning code. Care to comment on those consequences at all? Aanenson: No, and I think that’s a good point. That’s something the staff wrestled with too is kind of what’s the character of this area. These lots are significantly larger. Papke: Yeah. Aanenson: Because this is the original homestead being managed or owned by a family member. Sure over time, 20 years from now, could it be subdivided again? I think at that point we’d still anticipate probably the barn being saved. Hopefully we’ve got something in place to make that happen. There’s always that potential to subdivide again but I think the way that the house is set up with that, we don’t see that as a problem. Papke: You mentioned something that we would have something set up to retain the barn. What would we. Aanenson: Well we’d be working, you know what we’ve talked about with the county is looking at maybe somewhere in the city that we might try to find 1 or 2 barns that we’d like to try to preserve. 2 Planning Commission Meeting - June 17, 2008 Papke: Okay, got it. Got it. Aanenson: And I think you know this is an opportunity that’s in a life estate you know. Papke: But nothing concrete on… Aanenson: Nothing, not yet but their goal is not to tear it down, which we support. Papke: Alright. If there’s an applicant here this evening that would like to color in the lines a little bit, if you could come to the podium and state your name and address for the record and fill in any details that you think that might be illuminating on the case. Brad Moe: Hi. My name’s Brad Moe. I’m the applicant. My address is 14372 Westridge Drive, Eden Prairie, Minnesota 55347. I think staff has spelled out the application and into great detail and I really don’t have anything else to add. I can answer any questions. I think you had a question about the barn. You know we have every intent to keep the barn. We’re using the barn and we spent a significant amount of money to repair and improve the barn. As far as subdividing, there’s restrictive covenants. Harold never really wanted any of the Hesse Farm subdivided other than the way it is now so his intent was to have large acreage homes and our intent is to have that as well and we’d be…subdivided. Papke: Questions? Thomas: I don’t think I have any questions for him. Thank you. Papke: Denny? Laufenburger: None. Papke: Just one. You mentioned your residence is in Eden Prairie. Do you intend to reside on the property once your house is built there? Brad Moe: Yes. Papke: Okay. Brad Moe: My wife is on me every day. Our kids go to school in Chaska so we drop them off at the bus at the farm so. Papke: Okay. Got it. Thank you. Okay, would anyone from the public in the audience tonight like to comment or make any suggestions or comments? Seeing none, I’ll call the public hearing closed. Questions. Comments. Concerns. Anybody have any issues you’d like to state? Laufenburger: I think it’s a great thing they’re doing. With the barn especially. Papke: Okay. That being the case, I will entertain a motion. 3 Planning Commission Meeting - June 17, 2008 Undestad: I’ll get it here. Papke: Now conveniently located on the front page for us. Aanenson: Yeah, we’re finally doing that now. Undestad: And it’s all accurate on the front page. Larson: They know us too well. Undestad: Alright, I propose Chanhassen Planning Commission recommends approval of Planning Case 08-13 for 4,145 square foot variance from the maximum 1,000 square foot detached accessory structure for the construction of a 1,568 square foot detached garage/shop on nd Lot 1, Block 1, The Hesse Farm 2 Addition, subject to conditions 1 through 4 of the staff report and adopt the attached Findings of Fact and action. Papke: Okay. Is there a second? Thomas: Second. Undestad moved, Thomas seconded that the Chanhassen Planning Commission recommends approval of Planning Case 08-13 for 4,145 square foot variance from the maximum 1,000 square foot detached accessory structure for the construction of a 1,568 nd square foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2 Addition, based on adoption of the attached Findings of Fact and Action, subject to the following conditions: 1. The applicant must apply for a demolition permit prior to removal of any structures. 2. The applicant must apply for a building permit. 3. The applicant must supply a financial security for the removal of the existing garage upon completion of the proposed garage. The old garage must be removed within 30 days after issuance of a certificate of occupancy for the new garage. 4. The accessory structure may only be used for private residential or agricultural/farming related uses. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 4