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PC SUM 2009 01 19 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JANUARY 19, 2010 Chairwoman Larson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kathleen Thomas, Debbie Larson, Mark Undestad, Denny Laufenburger, Dan Keefe, and Tom Doll MEMBERS ABSENT: Kevin Dillon STAFF PRESENT: Kate Aanenson, Community Development Director; and Bob Generous, Senior Planner PUBLIC HEARING: PENTEADO VARIANCE: REQUEST FOR A VARIANCE TO USE A SINGLE FAMILY DWELLING AS A TWO-FAMILY DWELLING ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) LOCATED AT 6739 BRENDEN COURT. APPLICANT: CANDYCE & FRED PENTEADO, PLANNING CASE 10-01. Public Present: Name Address Candyce & Fred Penteado 6739 Brenden Court Jameson & Sarah Ritter 1809 Freedom Lane David Gestach 200 Chestnut Street, Chaska Troy Bader & Gina Sauer 2244 Lake Lucy Road Kate Aanenson presented the staff report on this item. Commissioner Thomas asked if the variance was noticed when the applicant applied for the building permit. Commissioner Laufenburger asked about combining Lots 4 and 5. Commissioner Keefe asked about the orientation of the house off of Brenden Court and Lake Lucy Road. Chairwoman Larson asked about the status of the second lot to the right of this property before inviting the applicant to speak. Candyce Penteado provided background information on their variance request. Chairwoman Larson opened the public hearing. Troy Bader, 2244 Lake Lucy Road, the lot adjacent to Lot 5, stated his primary concern was with enforcement of the variance and that this not become a rental property in the future when the applicant sells the house. In addressing Mr. Bader’s concerns, Fred Penteado clarified that the neighborhood association restricts rental properties as well as City requirements for rental permits. Chairwoman Larson closed the public hearing. After comments from commission members, the following motion was made. Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves Planning Case #10-01 for a variance to use a single family dwelling as a two family dwelling on property zoned Single Family Planning Commission Summary – January 19, 2010 rd Residential (RSF) located on Lots 4 and 5, Block 1, Brenden Pond 3 Addition, based on the staff report and adoption of the attached Findings of Fact and Action. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: DOWNTOWN REZONINGS: REQUEST FOR REZONING FROM GENERAL BUSINESS DISTRICT (BG) TO CENTRAL BUSINESS DISTRICT (CBD) ON TH PROPERTY LOCATED ON THE NORTH SIDE OF WEST 78 STREET BETWEEN KERBER BOULEVARD AND POWERS BOULEVARD (WEST VILLAGE HEIGHTS NDRD 2 AND 3 ADDITIONS); REZONING FROM GENERAL BUSINESS DISTRICT (BG) TO AGRICULTURAL ESTATE DISTRICT (A2) ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 5 AND MARKET BOULEVARD (OUTLOT A, CROSSROADS PLAZA ADDITION); AND REZONING FROM HIGHWAY AND BUSINESS SERVICES DISTRICT (BH) TO AGRICULTURAL ESTATE DISTRICT (A2) ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 5 AND MARKET BOULEVARD (OUTLOT B, CROSSROADS PLAZA ADDITION AND LOT 3, BLOCK 2, FRONTIER DEVELOPMENT PARK). APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 10-02. Public Present: Name Address Dick Klonbeck Investors Real Estate Trust (Owners of West Village Heights Center) Bob Generous and Kate Aanenson presented the staff report on this item. Chairwoman Larson opened the public hearing. Dick Klonbeck stated that after meeting with staff he did not have any issues with the ordinance amendment. He was just identifying himself if there were any questions from the commission. Chairwoman Larson closed the public hearing. After comments from commission members, the following motion was made. Undestad moved, Keefe seconded that the Chanhassen Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West ndrd Village Heights 2 Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3 Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3 in Block 2, Frontier Development Park. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: DOWNTOWN PUD AMENDMENTS: REQUEST TO AMEND THE FOLLOWING PLANNED UNIT DEVELOPMENTS LOCATED IN DOWNTOWN CHANHASSEN: 2 Planning Commission Summary – January 19, 2010 CHANHASSEN RETAIL CENTER, MARKET SQUARE AND WEST ONE. APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 10-03. Public Present: Name Address Doug Hansen 11969 No. Shore Drive, Spicer, MN 56288 Bob Generous presented the staff report on this item. Chairwoman Larson opened the public hearing. Doug Hansen, an affected property owner, asked for clarification of permitted uses. Chairwoman Larson closed the public hearing. Thomas moved, Doll seconded that the Chanhassen Planning Commission recommends that the City Council approve the following motions: 1. The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Chanhassen Retail Center, amending Sections a, c, d, and Lighting as stated in the attached ordinance; and adopts the Findings of Fact. 2. The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Market Square, amending Section 3 as stated in the attached ordinance; and adopts the Findings of Fact. 3. The Planning Commission recommends the City Council approve the Planned Unit Development amendment for West One, amending Section 6, Zoning as stated in the attached ordinance; and adopts the Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Laufenburger noted the verbatim and summary minutes of the Planning Commission meeting dated December 1, 2009 as presented. COMMISSION PRESENTATIONS. Commissioner Thomas asked for an update on the Gleason Variance. CITY COUNCIL UPDATE. Kate Aanenson provided an update on Planning Commission vacancies, the schedule for the interview process and upcoming meeting schedule. Chairwoman Larson adjourned the Planning Commission meeting at 7:55 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 3