PC Minutes 10-18-2011
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
OCTOBER 18, 2011
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Andrew Aller, Tom Doll, Kathleen Thomas, Kevin Ellsworth, Kim Tennyson
and Lisa Hokkanen
MEMBERS ABSENT:
Mark Undestad
STAFF PRESENT:
Kate Aanenson, Community Development Director; Angie Kairies, Planner; and
Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Peter and Tricia Nowling 6271 Blue Jay Circle, Excelsior
Jeff King 767 Carver Beach Road
C. Svensgaard 795 Carver Beach Road
Mark Jensen 770 Cree Drive
Frank F. 730 Carver Beach Road
Bruce Burrington 6869 Yuma Drive
Bob Moore 6839 Yuma Drive
Bruce & Sue Koehnen 1830 Koehnen Circle
Kirsten Pauly 751 Carver Beach Road
Kairies: Good evening Chairman Aller, members of the Planning Commission. The application before
you tonight is a variance request from front yard setbacks for 6829 Yuma Drive, which is comprised of
Lots 1899 through 1901, Lot 1913 and 1914 in the Carver Beach subdivision. The property is zoned
Residential Single Family. It’s located again within the Carver Beach subdivision. The Carver Beach
subdivision is located west of Lotus Lake. A brief history on the Carver Beach area. It was platted, or
excuse me recorded in 1927 which pre-dates the City of Chanhassen zoning ordinance, which was
adopted in 1972. Therefore there are quite a few non-conforming lots of record in this area. In addition
to that there are some infrastructure inadequacies as far as storm water, retention and things of that nature
so this lot is no exception to either of those. It is a non-conforming lot of record. Their request tonight is
for a 12 foot variance from the 30 foot front yard setback along Yuma Drive and a 21 foot setback
variance along Ringo Drive. And just for some clarification there are three frontages on this property.
Again on Yuma Drive, Cree Drive, which is on the north end of the property, and Ringo Drive which is
located on the east side of the property. Therefore three frontages, each of those requires a 30 foot front
yard setback. And then on the south property line that would be a 10 foot setback. All of the variances
are requested from the 24 inch eaves so keep that in mind. Again this is a legal non-conforming lot of
record. The residential single family district requires 15,000 square feet per lot. This lot is 8,936 square
feet. Again as I discussed earlier the three 30 foot setback requirement, which significantly reduces the
buildable lot area which is shown in the triangle. That area is 1,024 square feet. There is existing
drainage located on the property that is, goes through a 12 inch culvert under Ringo Drive and then it
flows on the southern portion of the subject site. That was something that we needed to take into
consideration to make sure that we continue to allow that drainage to flow through to Yuma Drive.
Originally when the applicant came in they were only requesting one variance and that was a variance
along Ringo Drive. The plan was to maintain 30 foot setback from Yuma Drive as well as Cree.
However as you can see in the arrows the drainage flowed right underneath where they were planning on
placing the house. Therefore the applicant worked with city staff to slide the house more northward on
Chanhassen Planning Commission – October 18, 2011
the property. However in doing so, because of the shape of the lot, a second variance is being requested
today. In order to maintain this drainage the applicant must maintain 3 foot separation between the low
point of the building elevation and the high water level of the drainage. They must also construct a berm
to make sure that they’re not causing drainage issues to the other properties, including the property to the
south which is their closest neighbor, and a drainage and utility easement will be placed over this area to
insure that it’s maintained and allowed to be kept open. With that staff is recommending approval of the
request this evening and if you have any questions at this time I’ll be happy to answer them.
Aller: Commissioners, any questions?
Ellsworth: Nope.
Aller: I think the report’s pretty straight forward so I don’t have any questions either. Would the
applicant like to approach? Is the applicant here?
Tricia Nowling: I’m Tricia Nowling. This is my husband Peter. We’d like to thank the commission for
taking the time to hear our case tonight. We are in agreement with the staff report tonight and have
worked closely with them to get to this point and we’re here to answer any questions if you have that of
us.
Aller: The, that south swale.
Tricia Nowling: Yep.
Aller: Is that going to be open then?
Tricia Nowling: Yes, it will be open.
Aller: Okay. And then the drainage will come across and hit.
Tricia Nowling: Yuma.
Aller: Yuma?
Tricia Nowling: Yep.
Aller: Okay. And do you think that there’ll be sufficient setback then for that water not to interfere with
your limit of the home?
Tricia Nowling: Yes there will be the way that we’ve worked it with the City.
Aller: That’s kind of a unique lot.
Tricia Nowling: It is very unique.
Aller: Okay, I don’t have any further questions. Thanks for coming down.
Peter Nowling: Thank you.
Tricia Nowling: Thank you.
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Chanhassen Planning Commission – October 18, 2011
Aller: At this point we’ll open the public hearing. Anyone wishing to come forward and make comment
on the application can do so. Seeing no one coming forward I’m going to close the public hearing.
Comments from the commissioners.
Thomas: No.
Ellsworth: No, it looks pretty straight forward.
Aller: I think it’s pretty straight forward. I think it’s a very unique lot and this is the exactly the type of
thing where somebody should be coming in and applying for a variance and I think they’ve worked well
with staff and I would recommend it so I would entertain any motions.
Ellsworth: I’ll make a motion the Chanhassen Planning Commission as the Board of Appeals and
Adjustments approves Planning Case #2011-10 for the construction of a single family home with
variances subject to the conditions of the staff report and adoption of the Findings of Fact and Decision.
Doll: Second.
Aller: I have a motion and a second. Any further discussion?
Ellsworth moved, Doll seconded that the Chanhassen Planning Commission, acting as the Board of
Appeals and Adjustments, approves Planning Case #2011-10 for a 12-foot front yard setback from
the west property line and a 21-foot front yard setback from the east property line for the
construction of a single-family home and adoption of the findings of fact and action, subject to the
following conditions:
1. Building Official Conditions:
a. A building permit is required.
b. Any retaining wall greater than four (4) feet in height must receive building permit approval.
c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer
licensed in the State of Minnesota.
2. City Forester Conditions:
a. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger,
and their designation as removed or saved as part of the Building Permit application.
b. Tree protection fencing must be installed prior to any work commencing around all saved trees.
Fencing shall remain in place until construction is completed.
c. The application shall plant two overstory, deciduous, 2-1/2” diameter trees.
3. Water Resource Coordinator Conditions:
a. Site grading plan must be modified to provide three feet of separation between high water level
and the surrounding low building elevations and submitted to the City for approval prior to
issuance of a Building Permit.
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Chanhassen Planning Commission – October 18, 2011
b. A drainage and utility easement shall be required over the conveyance system. This easement
shall be, at a minimum, 15 feet in width and shall include the high water elevation within the
channel.
c. The grading must also allow for continued drainage from east to west across the adjoining
property to the south.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary minutes of
the Planning Commission meeting dated September 6, 2011 and the work session minutes dated
September 20, 2011 as presented.
COMMISSION PRESENTATIONS:
None.
CITY COUNCIL ACTION UPDATE:
th
Aanenson: Yes, in your packet was the…City Council meeting on September 12 and that was the
Burrough’s variance and that was regarding the Sport Court at Settler’s West and so what they’re
planning, what the City Council had talked about was, denied that but they also talked about reviewing
the hard surface coverage.
Aller: If we could have some, limit conversation in the back please.
Aanenson: Sorry.
Aller: That’s okay.
Ellsworth: What did they decide to do Kate?
Aanenson: They’re going to look at the impervious surface issues.
Ellsworth: Oh, see if it meets.
Hokkanen: To see if that material is.
Aanenson: Yeah, not just, not looking at it on a, this specific case but city wide and I think that’s the best
way to approach it, which is why we didn’t want to do it like an incremental change. Is to really to do
some study and maybe that will come back up through this group or we maybe go tour some other sites
and that’s kind of what we looked at when we were out visiting some of those properties. Looking at
wetlands and why we do that so. So that will filter it’s way back.
Aller: Yeah, I think it will be important for us to look at some of the sites where they actually use the
Sport Courts and see what the infiltration actually is.
Aanenson: Yeah. Yeah, and not just Sport Courts. We get requests for patios and a lot of other things
too so we’ll look at that when people on that so just so that we have a consistent policy on that. And then
the other one was the Lake Drive Business Center and that was approved. At that time CSM said that
they you know just wanted to have that in place but as it turns out they are working on getting their plans
to put those, I think 3 of the 4 parking areas in.
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