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PC SUM 2009 02 17 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES FEBRUARY 17, 2009 Chairman Papke called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kurt Papke, Kathleen Thomas, Debbie Larson, Denny Laufenburger, and Dan Keefe MEMBERS ABSENT: Kevin Dillon and Mark Undestad STAFF PRESENT: Kate Aanenson, Community Development Director; and Angie Auseth, Planner PUBLIC PRESENT: Steve Mestitz 7200 Willow View Cove Regina Herron 1380 Thrush Court Mark Senn 7160 Willow View Cove Nancy Laplatt 7012 Cheyenne Trail Cathy Velko 40 Basswood Circle PUBLIC HEARING: SENN SUBDIVISION: REQUEST FOR A SUBDIVISION CREATING AN ADDITIONAL LOT WITH VARIANCES ON PROPERTY LOCATED AT 7160 WILLOW VIEW COVE. APPLICANT: MARK & SUZANNE SENN, PLANNING CASE 09-02. Angie Auseth presented the staff report on this item. Commissioner Keefe asked for clarification of Alternate B and the placement of the house in relation to saving trees. Commissioner Larson asked about the impact of widening the private street on the buildable area. Commissioner Laufenburger asked about maintenance of the private street, access for emergency vehicles, placement of the house pad within the 60 by 60 buildable area, and clarification of the report submitted by an area hydrologist. Commissioner Thomas asked about ownership of the new lot. The applicant, Mark Senn stated his concurrence with staff’s Alternate B. Chairman Papke asked the applicant to comment on tree removal before opening the public hearing. Nancy Laplatt, 7012 Cheyenne Trail stated they were upset that their view now would be looking at another house. Cathy Velko, 40 Basswood Circle, speaking on behalf of the Kurvers Point community and neighborhood board stated for the record they support the split so long as neighboring residents support it and asked that the house comply with the architectural requirements that are stated in the neighborhood covenants. Steve Mestitz, 7200 Willow View Cove expressed concern with the storm drainage being adequate with the additional of a new parcel because there are already problems with water backing up during large rain events. Neighbors concurred that there are water problems in that end of the cul-de-sac. Chairman Papke Planning Commission Summary - February 17, 2009 closed the public hearing. After comments from the commission, the following motion was made. Thomas moved, Larson seconded that the Planning Commission recommends approval of Alternate B for Planning Case 09-02 with a variance to allow a private street with a width of less than 20 feet and less than a 7-ton design, and denial of the lot area variance to create a lot less than 15,000 square feet, lot depth less than 125 feet and front yard setback less than 30 feet as measured from the 100-foot lot width and a 40 x 60 foot house-pad, and approval of the subdivision creating two lots as outlined in the staff report subject to the following conditions and adoption of the findings of fact for Alternate B. Conditions of Approval: 1.Approval of the metes and bounds subdivision is contingent upon approval of the private street variances. 2.A grading plan must be submitted for review and approval and shall comply with the City Code. 3.A utility plan must be submitted showing the existing sanitary sewer and water services to the existing home,the existing gas, electric, cable and telephone services to the existing home and the proposed sanitary sewer and water services to the new lot. 4.A drainage and utility easement must encompass any portion of the new services that crosses another property. The easement width shall extend a minimum of 10 feet, on center, from the service. 5.If the sanitary sewer and/or water service are extended from the utilities within Willow View Cove, an escrow must be posted for the restoration of the street. The escrow amount will be determined when the utility plan is submitted since the extent of excavation is unknown at this time. The escrow will not be released until it is deemed the area is in satisfactory condition after one freeze-thaw cycle. 6.The sanitary sewer and water hookup charges for Tract C shall be paid with the building permit application at the rate in effect at that time. The 2009 rates are $5,087 for the City water hookup charge, $1,893 for the City sewer hookup charge and $2,075 for the Metropolitan Council sewer charge. 7.The party applying for the building permit is responsible for payment of the hookup charges. 8.Environmental Resources Specialist Conditions: a.The applicant must submit tree preservation and removal calculations and survey for city staff approval prior to recording. b.All trees proposed to be preserved shall be protected by fencing throughout the construction process. The fencing must be installed prior to any excavation or grading. 2 Planning Commission Summary - February 17, 2009 c.No trees on Tract C or Tract D shall be removed unless approved by the city. 9.At this time, the estimated total SWMP fee, due payable to the City at the time of recording, is $1,984.88. 10.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) necessary and comply with their conditions of approval. 11.All disturbed areas shall be mulched and seeded or sodded according to following table: Time (maximum time an area can remain unvegetated Type of Slope when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 12.Full park fees in lieu of parkland dedication and/or trail construction shall be collected in full at the rate in force upon approval and recording. 13.Submit a revised survey showing the following: a.Drainage and utility easements. b.All utilities must be shown and relocated if necessary prior to recording. c.Driveway access to the new parcel must be shown on plan. 14.Submit a 30-foot wide private cross-access easement over the shared portion of the private street. 15.A drainage and utility easement must encompass any portion of the driveway serving Tract D and encroaches on Tract C. 16.Tract C must meet the minimum criteria for a non-riparian lot within the shoreland management district as described in Chapter 20, Article VI. 17.The applicant shall revise the lot lines as shown in staff’s layout (Alternate B). ” The applicant works with staff to enhance landscaping on the north side of the 18. property. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3 Planning Commission Summary - February 17, 2009 APPROVAL OF MINUTES: None. COMMISSION PRESENTATIONS: None. Chairman Papke adjourned the Planning Commission meeting at 7:29 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 4