PC SUM 2012 09 18
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 18, 2012
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Andrew Aller, Mark Undestad, Lisa Hokkanen, Kim Tennyson, Bill
Colopoulos, and Kelsey Nelson
MEMBERS ABSENT:
Kathleen Thomas
STAFF PRESENT:
Kate Aanenson, Community Development Director; and Bob Generous, Senior
Planner
PUBLIC PRESENT:
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Greg & Tammy Falconer 720 West 96 Street
Gerald & Karen Story 6281 Teton Lane
Sarah Harvey 6281 Teton Lane
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Andrew Riegert 620 West 96 Street
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Roger Lee 600 96 Street West
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Gary Bendzick 731 96 Street West
Naomi Carlson 5955 Cathcart Drive, Shorewood
Chris May 6400 Teton Avenue
John Kunitz 6441 Bretton Way
Daniel Feller 6430 Bretton Way
PUBLIC HEARING:
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620 WEST 96 STREET VARIANCE: REQUEST FOR VARIANCE FROM SECTION 20-904
OF THE CHANHASSEN CITY CODE TO ALLOW AN ACCESSORY STRUCTURE IN
EXCESS OF 1,000 SQUARE FEET ON PROPERTY ZONED AGRICULTURAL ESTATE
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DISTRICT (A2) LOCATED AT 620 WEST 96 STREET. APPLICANT/OWNER: ANDREW &
SHANNON RIEGERT, PLANNING CASE 2012-10.
Kate Aanenson presented the staff report on this item. Commissioner members asked for clarification of
the time line and process for amending the city code to cap accessory structures to 1,000 square feet. The
applicant, Andrew Riegert explained the need for a larger accessory structure. Chairman Aller opened the
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public hearing. Roger Lee, 600 West 96 Street voiced his support for the variance and that he was
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unaware of the ordinance change. Gary Bendzick, 731 96 Street West, explained that when he put up
his shed he was told at that time he could put up anything he wanted as long as it met the setbacks.
Chairman Aller closed the public hearing. After comments and discussion from commission members,
the following motion, with friendly amendment, was made.
Colopoulos moved, Undestad seconded that the Chanhassen Planning Commission, acting as the
Board of Appeals and Adjustments, approve a variance request for a 1,000 square foot accessory
structure area variance from the 1,000 square foot accessory structure limitation to allow for a
2,000 square foot accessory structure, with the following conditions:
1. The accessory structure will require a building permit.
Planning Commission Summary – September 18, 2012
2. The accessory structure must comply with Minnesota State Building Code.
3. Outdoor storage must comply with City Code.
4. The accessory structure may not be used for the purpose of a home occupation as defined in the
Chanhassen City Code.
All voted in favor, except for Aller and Tennyson who opposed, and the motion carried with a vote
of 4 to 2.
Kate Aanenson explained that because the item did not pass with a super majority the item will
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automatically go to City Council meeting on October 8.
PUBLIC HEARING:
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720 WEST 96 STREET VARIANCE: REQUEST FOR VARIANCE FROM SECTION 20-904
OF THE CHANHASSEN CITY CODE TO ALLOW AN ACCESSORY STRUCTURE IN
EXCESS OF 1,000 SQUARE FEET ON PROPERTY ZONED AGRICULTURAL ESTATE
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DISTRICT (A2) LOCATED AT 720 WEST 96 STREET. APPLICANT/OWNER: GREG &
TAMMY FALCONER, PLANNING CASE 2012-12.
Kate Aanenson presented the staff report and background information on this item. The applicants, Greg
and Tammy Falconer showed pictures and addressed staff’s concerns with removal of the collapse
building, home occupation, square footage and design of the replacement building. Commission
members asked for clarification on the design and size of the new building. Chairman Aller opened the
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public hearing. Roger Lee, 600 West 96 Street voiced his support for this variance request. Gary
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Bendzick, 731 West 96 Street voiced his support to allow the variance to construct a building that would
improve the appearance of the property. Chairman Aller closed the public hearing. Commission
members asked for clarification on the square footage of the demolished shed in relation to what’s being
requested before making the following motion.
Undestad moved, Hokkanen seconded that the Planning Commission, acting as the Board of
Appeals and Adjustments, denies Planning Case #2012-12 for a 4,940 square foot variance to the
1,000 square foot accessory structure limitation on property zoned Agricultural Estate District (A2)
and adopt the attached Findings of Fact and Decision.All voted in favor, except Colopoulos who
opposed, and the motion carried with a vote of 5 to 1.
PUBLIC HEARING:
6411 BRETTON WAY: REQUEST TO APPEAL AN ADMINISTRATIVE DECISION ON
PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) LOCATED AT 6411 BRETTON
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WAY (TRACT C, RLS 105 AND OUTLOTS C & D, CURRY FARMS 2 ADDITION).
APPLICANT/ OWNER NAOMI CARLSON, PLANNING CASE 2012-13.
Bob Generous presented the staff report on this item, explaining the issue tonight is regarding
intensification of use on the site, not addressing neighbors claims of code enforcement and nuisance
ordinance violations. The applicant, Naomi Carlson explained her belief that Greenscapes Lawncare is
not a contractor’s yard and that there has been no intensification of use on the property. Chairman Aller
opened the public hearing. Karen Story, 6281 Teton Lane showed pictures of vehicles parked outside the
building and discussed the history of use in the building. Sarah Harvey, 6281 Teton Lane, explained that
her parents have owned their property for over 21 years and there has never been this type of contractors
yard activity during that time and their belief that there has been an intensification of use on the property.
Gerry Story, 6281 Teton Lane discussed the fact that garages in the rental house are being used to store
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Planning Commission Summary – September 18, 2012
equipment. Chris May, 6400 Teton Avenue agreed that the landscaping company was an intensification
of the use of the property and how traffic from the landscaping company conflicts with children at the bus
stop. John Kunitz, 6441 Bretton Way and Daniel Feller, 6430 Bretton Way reiterated their concern with
the intensification of use on the property and safety concern for children in the neighborhood. Chairman
Aller closed the public hearing. After comments from commission members, the following motion was
made.
Hokkanen moved, Nelson seconded that the Chanhassen Planning Commission, as the Board of
Appeals and Adjustments, affirms staff’s determination that the landscape business, Greenscapes
Lawncare is an intensification of a non-conforming use of the property at 6411 Bretton Way and
must vacate the property. All voted in favor and the motion carried unanimously with a vote of 6
to 0.
APPROVAL OF MINUTES:Commissioner Hokkanen noted the verbatim and summary Minutes
of the Planning Commission meeting dated September 4, 2012 as presented.
COMMISSION PRESENTATIONS.
None.
CITY COUNCIL ACTION UPDATE.
Kate Aanenson reviewed action taken by the City Council at
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their September 10 meeting and discussed future Planning Commission items.
Hokkanen moved, Nelson seconded to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at
9:15 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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