PC Minutes 09-06-2011
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 6, 2011
Chairman Aller called the Planning Commission meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Andrew Aller, Mark Undestad, Tom Doll, Kathleen Thomas, and Kim
Tennyson
MEMBERS ABSENT:
Kevin Ellsworth and Lisa Hokkanen
STAFF PRESENT:
Kate Aanenson, Community Development Director; and Angie Kairies, Planner I
PUBLIC HEARING:
GORRA VARIANCE: REQUEST FOR A VARIANCE TO ALLOW AN ACCESSORY
STRUCTURE (AGRICULTURAL BUILDING) ON PROPERTY ZONED RURAL
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RESIDENTIAL (RR) LOCATED AT 1680 WEST 78 STREET. APPLICANT/OWNER:
MICHAEL GORRA, PLANNING CASE 2011-09.
Kairies: Good evening Chairman Aller, members of the Planning Commission. Once again the item
before you tonight is for an accessory structure variance on property zoned rural residential located at
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1680 West 78 Street. The property is located just south of Lake Ann, as well as south of over 150 acres
of vacant property also zoned rural residential. To the south of the site is West 78th Street as well as
property owned by Southwest Transit. To the west of the site are the Walnut Grove, Windmill Run and
Royal Oaks Estates subdivisions. They’re a combination of single family and multi-family dwellings and
they’re zoned planned unit development as well as residential single family. And then to the east of the
subject site is Lake Ann Park which is zoned for parks and open space. The request before you tonight is
for a 5,880 square foot variance from the 1,000 square foot accessory structure limitation. The request is
5,880 because there is an existing stable located on the site which is 2,880 square feet and then the
proposed structure is 4,000 square feet so the total square footage is 6,880. The request is 1,000 less than
that. The accessory structure size limitation was put, it was excuse me adopted in 2007 in all residential
districts. Previously it was just for single family residential and excluded any agricultural sites. In 2007
the agricultural sites were included because a lot of the farms were being replaced with estate homes and
contractor yards and other home occupations were going into the accessory structures on the site so this
was a way of limiting some of those issues. Again the property owner has a stable that’s over 2,000
square feet and they received a conditional use permit for that stable in 1995. At that time we did not
require or did not have a limitation on the size. And then as far as the site conditions are concerned, the
lot is over 126 acres in size. It is within the shoreland district due to Lake Ann. There are 3 wetlands
located on the site. One to the north, one to the southwest and then one just around Lake Ann. There is
the Lake Ann Interceptor which is the, a 42 inch Metropolitan Council sewer line that’s 35 to 40 feet
underground and that’s the red line that you can see running vertically through the property. There is also
a creek that runs from Lake Ann all the way down to Lake Susan. The property once again is zoned rural
residential and agricultural uses are permitted in that district. The existing stable and the site is
considered as far as Minnesota State Statute as agriculturally zoned, or agricultural property because it
exceeds 10 acres and is used for agricultural purposes. Therefore this accessory structure is not required
to obtain a building permit. As part of the conditions of approval we’ll still be requiring a zoning permit.
This proposed structure is located just southwest of the existing stable. It will meet all other zoning
related ordinances such as the shoreland and rural residential height limitations, which is 35 feet in height.
The proposed structure is approximately 18 feet. The structure will be over 200 feet from the interceptor
and over 300 feet from the creek. Some of the conditions to make sure that it does not interfere with the
interceptor is that the applicant will call Gopher State prior to construction to locate all utilities including
Chanhassen Planning Commission – September 6, 2011
the interceptor. And also that there will be a minimum of a 40 foot setback from that interceptor in case
there is any maintenance required. The practical difficulties for this structure to exceed 1,000 square feet
is for agricultural purposes to be able to store machinery and equipment and other supplies. And
additionally city code requires that all items are stored indoors except for a limited item such as lawn
furniture, stacked wood and everything else must be within an enclosed structure, therefore this complies
with that. Complies with that ordinance. Staff is recommending approval of the application and at this
time I will take any questions.
Aller: Angie, it’s my understanding that the structure will never be used as a residence.
Kairies: Correct. There’s a condition stating that it may not be used for a separate dwelling unit or a
home occupation other than agricultural uses.
Aller: And to your knowledge in ’95 we had the conditional use permit granted. Were there any
violations reported or has there been any problems with these prior?
Kairies: There have not been any issues. The stable is inspected every year so everything.
Aller: And would that continue with the new accessory structure?
Kairies: Yes. The stable has it’s own permit.
Aller: Questions?
Tennyson: No, I don’t have any questions at the moment.
Thomas: Nope.
Aller: No further questions. With that we will open the public hearing. Or we’ll ask the applicant, if the
applicant wants to come forward and make any statement or application. Seeing none we’ll open the
public hearing. Anyone that wishes to speak on the matter please come forward. State your name and
address for the record. Seeing no one coming forward, I’ll close the public hearing. Discussion.
Thomas: Makes sense.
Aller: Tom.
Doll: I’m for it.
Tennyson: It meets the practical difficulties.
Aller: Yeah I’ve looked at the plans. I’ve taken a look at the property. There have been no, I mean
obviously it’s been used. It’s consistent with the plan. The overall plan. I like the fact that it serves as,
the agricultural area serves as kind of a buffer so that we maintain that nice feel out there in Chanhassen
and the outskirts so that’s a buffer next to the other residences and the other townhomes so I think it’s a
good plan. I’ll entertain any motions.
Thomas: Okay, the Chanhassen Planning Commission, I’d like to make a motion. Okay. The
Chanhassen Planning Commission as the Board of Appeals and Adjustment approves Planning Case
#2011-09 for a 5,880 square-foot accessory structure area variance on property zoned Rural Residential,
subject to the conditions of the staff report and adoption of the Findings of Fact and Decision.
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Chanhassen Planning Commission – September 6, 2011
Aller: We have a motion. Is there a second?
Tennyson: I’ll second.
Aller: Want to second.
Thomas moved, Tennyson seconded that the Chanhassen Planning Commission, as the Board of
Appeals and Adjustments, approves Planning Case #2011-09 for a 5,880 square-foot accessory
structure area variance on property zoned Rural Residential, based on adoption of the attached
Findings of Fact and Decision and subject to the following conditions:
1. The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate request prior
to construction.
2. The proposed building must be located a minimum of 40 feet from the Metropolitan Council
Sewer Line.
3. The shed must meet all setback requirements.
4. A zoning permit is required.
5. The accessory structure may not be used for a home occupation as outlined in the Chanhassen
City Code and may only be used for agricultural purposes as defined by Minnesota State Statute.
6. The accessory structure may not be used as a separate dwelling unit.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Aanenson: Just for a point of clarification. This will not go to the City Council, because this is one of
those ones where it’s just a variance only. It would only go to the City Council if it’s appealed within the
timeframe. So otherwise…
Thomas: It’s going to go.
Aanenson: Yeah.
Aller: It’ll just move forward.
Aanenson: Yep.
Aller: Having it been approved I doubt it will be appealed so the matter will be finalized here today.
Aanenson: Yeah, that’s correct.
APPROVAL OF MINUTES:
Commissioner Thomas noted the verbatim and summary minutes of the
Planning Commission meeting dated August 16, 2011 as presented.
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