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PC SUM 2008 08 05 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES AUGUST 5, 2008 Chairman Papke called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kurt Papke, Kevin Dillon, Kathleen Thomas, Debbie Larson, Mark Undestad, Denny Laufenburger, and Dan Keefe STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and Terry Jeffery, Water Resources Coordinator PUBLIC HEARING: BEDDOR REGISTERED LAND SURVEY: REQUEST FOR APPROVAL OF A REGISTERED LAND SURVEY FOR PROPERTIES LOCATED AT 950 & 910 PLEASANT VIEW ROAD. APPLICANT: FORTIER & ASSOCIATES, INC./ MARILYN BEDDOR, PLANNING CASE 07-13. Sharmeen Al-Jaff presented the staff report on this item. Chairman Papke asked staff to explain why this item was back before the Planning Commission before opening the public hearing. No one spoke and the public hearing was closed. Keefe moved, Thomas seconded that the Planning Commission recommend approval of the attached Registered Land Survey referred to as RLS 123. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: SCHNEIDER DOCK: REQUEST FOR A VARIANCE AND A WETLAND ALTERATION PERMIT TO INSTALL A DOCK ON PROPERTY LOCATED AT 640 PLEASANT VIEW ROAD (OUTLOT A, REICHERT’S ADDITION). APPLICANT: GARY & CYNTHIA SCHNEIDER, PLANNING CASE 08-15. Public Present: Name Address Gary & Cynthia Schneider 640 Pleasant View Road Dave & Valerie Rossbach 670 Pleasant View Road Terry Jeffery presented the staff report on this item. Commissioner Dillon asked for clarification on the placement of the existing dock versus the proposed dock. Commissioner Larson asked whether or not the dock was in compliance. Commissioner Keefe asked for clarification on the relationship between this lot and the rights associated with Outlot B. Chairman Papke asked if precedence had been set for this type of request. The applicant, Gary Schneider talked about the history of the property, discussions and agreements with the neighbor, Pete Thielen, regarding Planning Commission Summary - August 5, 2008 the location of the docks. Chairman Papke opened the public hearing. Dave Rossbach expressed concern with the amount of chemicals needed to treat the lake in order to give boat access to the dock. Valerie Rossbach, 670 Pleasant View Road, and part of the Near Mountain Lake Homeowners Association, clarified that the proposed dock rights, if approved, will go with the property after it is sold by Mr. and Mrs. Schneider. When the Near Mountain Lake Homeowners Association asked for a second dock, the Schneiders voted against the second dock, and she provided history on the ownership of Outlot A and it’s intended use, along with the fact that Mr. Schneider installed a dock before getting permission. Chairman Papke closed the public hearing. After discussion and comments from the commission, the following motion was made. Dillon moved, Larson seconded that the Planning Commission recommends that the City Council approve a variance from the 10 foot dock setback zone for the placement of a dock on a lot zoned Single Family Residential (RSF), which will extend through the 10 foot dock setback zone and 51 feet past the lot line extended; and that the Planning Commission recommends that the City Council approve a Wetland Alteration Permit to issue a Decision of No Net Loss of Wetland Function and Values based upon the attached Findings of Fact and subject to the following conditions: 1. No aquatic vegetation is to be removed by uprooting of the vegetation. The applicant may cut only that vegetation which is necessary for the placement of the dock, the mooring of the boat, and the navigation of the boat to open water. The vegetation shall be cut at a height equal to the bottom of the dock or at a depth of the propeller. 2. The dock shall be installed eight (8) inches above the Ordinary High Water Elevation. 3. The dock shall be no wider than the current three and one-half (3.5) feet as shown on the survey submitted by the applicant. 4. The dock shall be shortened by thirteen (13) feet from what is shown on the survey to allow for a minimum separation between docks of twenty (20) feet. 5. The boat shall be docked as close to the lakeside end of the dock as possible so as to minimize the disturbance of aquatic vegetation for the docking of the boat. 6. No more than one watercraft may be docked on the subject property. 7. No fill or excavation may occur within the jurisdictional wetland boundaries or below the ordinary high water elevation of Lotus Lake except for the fill associated with the minimum number of posts necessary to maintain a safe dock. 8. The applicant shall abide by all applicable provisions of Chapter 6 and Chapter 20 of the Chanhassen City Code. 9. Require an amendment to the development contract to allow storage of one overnight boat. 2 Planning Commission Summary - August 5, 2008 All voted in favor, except for Commissioner Keefe who opposed, and the motion carried with a motion of 6 to 1. PUBLIC HEARING: ORDINANCE AMENDMENTS TO CHAPTER 18, SUBDIVISION AND CHAPTER 20, ZONING. Bob Generous presented the staff report outlining proposed amendments to Chapters 18 and 20 of the City Code. Chairman Papke called the public hearing to order. No one spoke and the public hearing was closed. Larson moved, Laufenburger seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendments to Chapters 18 and 20 of the Chanhassen City Code as outlined in the staff report. All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated July 15, 2008 as presented. Chairman Papke adjourned the Planning Commission meeting at 8:00 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 3