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CC Minutes 12-10-2012Chanhassen City Council – December 10, 2012 TH 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 DISTRICT (A2); APPLICANT/OWNER: GREG & TAMMY FALCONER. Kate Aanenson: Thank you Mayor, members of the City Council. This item is a resubmit of an th application that is located on West 96 Street for a reconstruction of a non-conforming structure. So again the expansion of the non-conforming structure and then a variance to expand the non-conformity by th 520 square feet from the original 1,280 square feet for a non-conforming shed. On September 18 this item went to the Planning Commission. It was denied a variance. The Planning Commission, acting as the Board of Adjustments, rather than appealing that decision the applicant chose to revise the plan reducing the structure to 37 feet wide and an 8 foot overhang. This item did appear before the November th 20 Planning Commission acting as the Board of Adjustment and they voted 4 to 2 to deny. Because they had less than 75% majority then, that issue is then sent to you for your review. So again the applicable regulations on this application is the non-conforming, excuse me, the ordinance regarding expansion of non-conforming uses that allow for, you can continue the non-conformity as long as you keep the same square footage. The staff did meet on site and gave some recommendations on that as we understand the drainage was one of the big factors on the frost heave and then the second one was the ordinance regarding limitations to detached accessory structures. So again the original shed is shown here in yellow. This is what the applicant wanted to expand for the 520 square feet. And in 2000 an additional building was added in the back but what we were talking then about is this non-conforming structure so there was a total square footage for both structures. Again this is the aerial view of the roof that was collapsed on the one structure. Again city ordinance does allow, you can rebuild a non-conforming structure. The issue came in then was the expansion portion. So this is the area the applicant intended to expand to to this line. And then the staff had recommended a couple proposals too so this would be the applicant’s proposal on this side and then the staff was looking at, in order to, if the issue was the drainage to provide that matching roof line for the frost heave appeared to be on this side of the building to change the, so you stay within that same square footage so you would meet the intent of just rebuilding at the non-conforming without the expansion or in addition there was another alternative that was proposed. The applicant still wanted to pursue their request for the additional square footage so the Planning Commission, as stated in the staff report, 4 to 2 voted so the staff had recommended that the City Council also deny the expansion to the 520 square feet for the non-conforming structure and adopt the Findings of Fact and with that I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you. Any questions for the staff at this time? Councilwoman Tjornhom. Councilwoman Tjornhom: Kate, and you go back to the, right there. Explain to me what’s happening with that middle slide. Are you making them take square footage off of the building in order to expand the roof? Kate Aanenson: No, what we’re trying to stay within the same square footage of the entire building and if the issue, as explained to us by the applicant, was that the frost heave and water movement along this side of the building so the goal was to get the roof to extend to match the newer building so we felt this stayed within the same square footage but also met the goal of trying to keep the rooflines matching so there wouldn’t be the frost heave or the water problem. Councilwoman Tjornhom: And then bear with me when I ask you to explain the third alternative also. 7 Chanhassen City Council – December 10, 2012 Kate Aanenson: Yeah. So it would just be a little bit different so the eaves would be a little bit longer so the building wouldn’t be, there would actually be eaves on the building. The code does allow 2 1/2 foot overhang on the eaves so that’s what this accomplished. Councilwoman Tjornhom: And the applicant was not. Kate Aanenson: They still wanted to increase the size of that. Mayor Furlong: Any other questions for staff at this time? Councilman Laufenburger. Councilman Laufenburger: Kate, can you go back a couple slides to show the, one more. Right there. The larger building there to, I’m assuming that’s actually, is that to the south? Well that larger building, when was that building built? Do you have that information? Kate Aanenson: Yeah it’s in the staff report, I’m sorry. Councilman Laufenburger: Yeah, it was built before the change in the code, is that correct? Kate Aanenson: That’s correct. When we capped it to 1,000 square feet which was in… Councilman Laufenburger: So the larger building is a legal non-conforming. Kate Aanenson: Both buildings are, right. Now the city ordinance is the 1,000 cap. Right. Councilman Laufenburger: So what we’re saying is, you can have your legally non-conforming buildings. They just can’t be any bigger in size than they were before. Kate Aanenson: That’s correct. That was the staff’s position. Councilman Laufenburger: So, and what you’re doing, the two alternatives that the staff is offering is the same size of the building structure, whatever that 1,280 feet. In one case no eaves. In the other case 2 1/2 foot eaves, right? Kate Aanenson: That’s correct. Councilman Laufenburger: And both of those were rejected by the applicant. Kate Aanenson: That’s correct. Councilman Laufenburger: So help me understand. If we deny this then what can the applicant build? Kate Aanenson: The applicant can still build the non-conforming, back to the same square footage that they had before. Councilman Laufenburger: 1,280. Kate Aanenson: Correct. So they can still pursue that. They wanted the, to try to get the extra square footage with it. Councilman Laufenburger: Can you also, Could they also choose to build either option number 2 or 3 as offered by staff? 8 Chanhassen City Council – December 10, 2012 Kate Aanenson: That’s correct. Councilman Laufenburger: Okay. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions for staff at this time? Is the applicant here? Greg Falconer: Yes. Kate Aanenson: Yes. Mayor Furlong: If you’d like to address council on anything. th Greg Falconer: I’m Greg Falconer. This is my wife Tammy. We live at 720 West 96 Street in Chanhassen. This area here in Chanhassen is more or less 4.77 acres across the whole end here. Most everybody here has a pole barn such as ourselves and the neighbors up here actually have about 25,000 square feet of buildings which is just two doors down from us. We didn’t really reject the proposals of the city. The problem that Bob Generous and a city engineer came out and we looked at this area. If you’ll notice in this picture I have a retaining wall that comes around here and all the way over and you can see it in the pictures that Kate had originally showed you. By moving the structure back it leaves me with a 13 foot gap between this retaining wall. This building is lower than the retaining wall because when I moved in in 1996 the water used to come down my neighbor’s property and go right through the center of the building and out the other side. And this building was built in I think ’65 and it has received substantial damage from the water coming in so when I moved in in ’96, built this retaining wall. The water comes down here and around over here. I still have quite a bit of movement on the building. This building side right here goes up by 4 to 5 inches from the frost heave and the reason being is because it doesn’t receive a lot of snow but I also have to pull my snow off of the roof in order for that not to happen in the first place. I knew I was going to have to rebuild this building and we did have plans in 2005 before the ordinance was passed. We did not know the ordinance had passed, nor did anybody on our street know that an ordinance had passed and I did have people come in and voice their opinion about that at the original planning, so we had original plans to build the building. We didn’t have the funds to do it so when I submitted by plans we were rejected and I was well surprised and so were the other people that didn’t realize the ordinance had passed. So it was a factor. The thing that I really need to stress here and it seems what we’re having the biggest problem with and you asked the question is, well why don’t they just accept the other proposals? I would have to remove this retaining wall or do something different to here. This retaining wall already goes down 4 feet into the ground. It’s going to cost me probably about $4,000 to $5,000 to relocate everything and re-landscape this in front and it’s something that I already did so I’m really not interested in paying more money when obviously what I’m really proposing here is just to extend the roof line over and the majority of the building itself, if you can see here, would be an open air space right here. There is 5 feet of extension of the original building. The original building comes right down into here. This is all open air right here so it would just be an overhang roof of 8 foot. Enough to get my water and snow to a manageable area out on my sidewalk out here and another reason why I want to get that out is this door right here gets blocked off. Basically the ice forms here and the door’s completely iced in at that point. So what I’m really just trying to do is add an extension over so I can manage the area and you know I just think that there’s a different of opinion on how that can be as far as the money that they would like me to spend to re-landscape around the whole thing and what I don’t want to spend is more money. I do have the right to rebuild this building as it is right now, as Kate said, and we would like to do it correctly. If we put a metal roof on this, metal roof sheds snow very, very fast. If I put a, if I leave it the way it is I’m going to have a bigger snow problem here than I already did as you can see in that picture because this was an asphalt roof right here. So I’m really just asking for a 13 foot extension of a roof over to here. We have over 200,000 square feet of property on our zoned Ag land and 9 Chanhassen City Council – December 10, 2012 we’re just having a hard time coming up with why we can’t do something like that to alleviate issues with the building. I’m just trying to protect my buildings. One other thing I would like to mention, you know in the ordinance, when it was originally discussed, and I don’t know if anybody has read this whole thing and I don’t know if you really want me to but you can use your building for horticultural purposes. Livestock, whatever. Tammy and I, Tammy comes from a farm in Wisconsin and she would like to have a garden again. She would like to, I’ve already tilled up some land back here. About a half acre and if you’re willing we would like to use this area as an overhang where she can put some tables out and put her produce on there and she can, on the inside she can do her canning again out in that area and maybe at that point nobody has a problem with anything because as it is right now I don’t know what I’m going to do with it. I just wanted to get rid of my issue. But I, you know that sounds like a reasonable option to us. If we could use it for horticultural purposes, Tammy can keep all her tools there and stuff and do her gardening and process her food there so. Mayor Furlong: Okay. Alright. Any questions for the applicant? Councilman Laufenburger. Councilman Laufenburger: Yeah, just to clarify, Greg is that right? Greg Falconer: Yes. Councilman Laufenburger: Could you show that, well let’s leave that one up there for a second. That retaining wall, just point to that, if you wouldn’t mind. Okay. Would you leave that retaining wall in place all the way back to the larger building? Greg Falconer: The reason why this retaining wall is here, right now it’s a free standing one. I used to have a drainage trough inside of here with draintile to catch all the water off the roof and the draintile exited out the other side of the building over here so I had it sloped at an angle where it would catch. There was a rubber membrane in here and I got the water to move to the other side of the building because this is where we’re having all our issues. Councilman Laufenburger: Okay. You said that the neighbor, the water coming from your neighbors is actually coming around the front of this retaining wall and depositing right there where you’ve got the big frost heave, right? Greg Falconer: Yeah, it’s very difficult without showing the property but this is the low side. This is the high side. Councilman Laufenburger: So you’re directing water, off the roof you’re directing it over to the high side? Greg Falconer: In this case that’s what I had to do because we had such an incredible ice issue over here. I was grabbing all the water off of this side and bringing it around over here. Of course you can’t catch it all and that’s why you know we have this area here. It does get super saturated. We’re in clay soil. I know that there’s footings on this building. This is a pole building. The footings are down there but I’m still getting frost heave by 4 to 5 inches and that might be one of the reasons why I had problems with the roof collapsing like it did because structures aren’t supposed to move around. Councilman Laufenburger: Okay. And if in fact you do build an overhang to extend the snow past that, the entrance door, where’s that water going to go? Greg Falconer: This all drains, I wish I had a better picture here. 10 Chanhassen City Council – December 10, 2012 Councilman Laufenburger: Okay. But it does go that way. Greg Falconer: Yes. Yeah, at a favorable rate. You can see in that picture right there that Kate put up, at a favorable rate. Right now this is more or less a stagnant area right here and you know I hadn’t touched this. The only land that I touched was out here in the beginning. This retaining wall like I said is buried almost 3 to 4 feet down. That’s how much we had to raise the level just to get the water to move away from the buildings. Councilman Laufenburger: Okay. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions for the applicant? Councilwoman Ernst, then Councilman McDonald. Councilwoman Ernst: I’m just curious. So you’re saying you want to extend the roof 13 feet? Greg Falconer: Correct. Councilwoman Ernst: And this is to avoid load and runoff, right? Greg Falconer: Yes. To get to a, get the snow and water to a manageable area over here instead of it all collecting in this area here where it’s obviously doing some damage to my building and like I said we can’t get in this door sometimes. Yeah. Mayor Furlong: Can you put the table back up? Kate Aanenson: I’m sorry. Mayor Furlong: No, you’re fine. I’m sorry, could you respond to that again. You were pointing to the picture and we couldn’t see it. Greg Falconer: Oh, okay. Yes the, we would like to get the snow out to a manageable area out here so we don’t have the ice and water problems that we’re having right here. You know even in the summertime, I shouldn’t just talk about the ice. In the summertime when this area gets saturated and we go into a frost/freeze, that’s when you really have issues and there’s been many times where at this door has not functioned all together just because of the frost heaving. So if I can just dry out the area, I’d just like to build a weather shed to get the snow and ice and water away from the buildings all together and dry it out. Councilwoman Ernst: So just curious if you do that, are you sure you’re not creating another problem there? Greg Falconer: Absolutely positive. I had an engineer, HavTek, it should be in your notes there too, spoke favorably of my building design and when the City had offered up the two options to Tammy and I we didn’t get the two options until I think Saturday before our hearing, which was on Tuesday, so it didn’t give us any time whatsoever to get back to an engineer and have him discuss it because that was asked of us and that’s when one of the members decided to change their mind because we weren’t even, I mean it was just given to us. Now Bob did come out and talk to me about maybe some suggestions but when I asked the City Engineer what she thought, she said I have no opinion. And I don’t know what no opinion means when you’re a city engineer. Can you either tell me if that’s going to work or not work, she said basically she wasn’t going to give an opinion and I’m not sure why. 11 Chanhassen City Council – December 10, 2012 Councilwoman Ernst: So from what I heard you say there are basically 3 different options. One is, well 4. Including the one that staff recommended. One is to extend about 13 feet. One is to make the building, serve as horticultural purposes. Greg Falconer: Yes. Councilwoman Ernst: Or rebuild the building and then what staff was recommending, is that? Greg Falconer: Yep. Yeah and like you know, for horticultural purposes we can use this side over here for horticultural purposes, that would give Tammy enough area to do her, what she needs to do and you know I already purpose for this building over here for what I’ve always used it for and storage and whatever so I guess for horticultural purposes, it does say in the original proposal for the 2007 ordinance that if it’s used for a legitimate use, that would be okay. I guess we see that as a legitimate use. Councilwoman Ernst: Okay, thank you. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Mr. McDonald first and then Mr. Laufenburger. Councilman McDonald: On the City’s proposals, explain to me why they won’t work because it looks like what they’re saying is, that you can extend that roof. That would get you over the door and now you would be able to again move the snow and water into the area you want to go to. Greg Falconer: Yeah, Kate if you could put up that other one, that overhead deal? How about the other one that comes down a little closer because you really can’t see the retaining wall. Not that one. There was another one that you had on there. No. There was one that we were looking at earlier there. Kate Aanenson: This shows the retaining wall in here. Right here. This is where the retaining wall is. Greg Falconer: Yeah, see that’s just a free standing retaining wall. It doesn’t really do, it didn’t do anything except grab water and pull it around the other side. That retaining wall that’s on the north side of the building there. Kate Aanenson: This retaining wall. Greg Falconer: Yes. With the City’s proposal there’s going to be a gap between the retaining wall and the building of 13 feet, which creates about a 5,000 gallon bathtub and Bob said well you could use it as a patio out there and I said well a patio’s still going to fill up with water because there is no drainage on. The retaining wall is here and the floor of that building is down 3 feet so somehow something has to be done with that area. 13 feet by 30, it’s 30 something feet wide. Actually 40 feet wide. Something has to be done with that to a large expense. Mayor Furlong: Just a quick question. Is there a gap between the building and the retaining wall now? Greg Falconer: There’s a gap of I think it’s 2 feet right now and I had that filled with the rubber membrane, the drainage rock and the draintile. Councilman Laufenburger: Which directs the water to the high point of the property around on the other side. 12 Chanhassen City Council – December 10, 2012 Greg Falconer: Yes, exactly. And then it exits out a hole in the retaining wall and then flows down the east side of the building, which has worked pretty good in the summertime. In the wintertime obviously things start to get icy again and whatever and you have issues at that point. But you know unfortunately the City’s plan is going to cost me a lot more money than just putting on a 13 foot extension onto the building. Councilman McDonald: Okay. On the retaining wall, I guess I’m trying to understand that first of all. So that kind of goes around the north side of the building. That’s the one that goes down 3 feet. The one that’s permanently in there. Greg Falconer: Yes. Councilman McDonald: Inbetween that wall and the building is where you’ve got the rubber membrane and the tiles to drain everything to the east of that building. Greg Falconer: Correct. Councilman McDonald: Okay. And what you’re wanting to do on the footprint, okay you would build the same footprint but now you want to do the first drawing which will get us, and you say all that’s going to be used for is strictly, it would be open space but you would just be extending the roof by that distance. Greg Falconer: Yeah, there is a 5 foot expansion of the building on there as well. Originally when I had proposed that, which I didn’t realize that there was an issue with the ordinance because I didn’t know there was an ordinance, I only had about, I think it was, if you could put that back up. I think originally I had my building to here and then I added on another 3 feet for 8 foot to see if that would satisfy the Planning Commission. Councilman McDonald: Okay. Greg Falconer: So right now I’m adding 5 feet of interior space which would be 200 square feet onto the building. The rest of it would all be open air. Councilman McDonald: And is part of the reason for that 5 feet, I mean I notice the peak moves. Is that for structural purposes because now you need to move out? Greg Falconer: When I designed the building, and like I said I did not know that this was going to be an issue. You were absolutely correct. In the center of the building there are footings right here along, they’re pole footings that come through the center of the structure and with the wall getting closer and closer to that there’s an impedance issue with the, with the poles coming down in the center of the building. It’s not an open air building inside. It actually has pole structure in it so. Councilman McDonald: Okay. Now then, let me ask you about the City’s proposal. The main reason why that’s not going to work is because of the retaining wall, is that? Greg Falconer: Significant re-landscaping. Councilman McDonald: And when you say significant, give me a figure. Greg Falconer: About $5,000. 13 Chanhassen City Council – December 10, 2012 Councilman McDonald: Okay. That’s all the questions I’ve got for right now. Yield back to Mr. Laufenburger. Mayor Furlong: Councilman Laufenburger, questions. Councilman Laufenburger: So Greg it sounds like what you’re saying is, that the, if I’m doing right on these numbers, 1,280 square feet is the existing structure. Greg Falconer: Correct. Councilman Laufenburger: You want to add 200 feet to that to the interior dimensions. Greg Falconer: Correct. Councilman Laufenburger: Keeping the north and the south walls essentially where they are. Greg Falconer: Yes. Councilman Laufenburger: That means you’re going to have to take out a little bit of that retaining wall. The retaining wall that runs north/south. Greg Falconer: On the? Councilman Laufenburger: On the east. Excuse me, on the west side. Greg Falconer: Yeah, like I said this one’s just free standing right now. All the drainage rock is out of here and stuff and I can just put that right on a pallet and… Councilman Laufenburger: And then by raising the roof, raising the roof structure you’re going to get the angle of the roof is going to take it past that entrance. Greg Falconer: Yes, past this over here. Exactly. Keeping this area dry and weather free basically. Councilman Laufenburger: Okay. Greg Falconer: One more thing I would like to mention to you. I do have in this corner right here, coming out of the ground is my electrical access from the house which is buried and comes up through the floor there too. It was one issue, another issue that I had there. Councilman Laufenburger: So right now it comes up through the floor inside the building? Greg Falconer: Just on this corner right here, exactly. Councilman Laufenburger: Inside the building, okay. Greg Falconer: Yep. Councilman Laufenburger: When did you move into the property? Greg Falconer: In 1996. 14 Chanhassen City Council – December 10, 2012 Councilman Laufenburger: And this 1,280 square foot building was already in place, is that correct? Greg Falconer: Correct. In fact that’s the original color of the building. The reason why we never painted it during then was because, well at least I knew before I married my wife that I was going to, I was going to redo the building. Councilman Laufenburger: Okay. And the bigger building, the, call it 5,000 whatever that thing is. Greg Falconer: It’s 45 by 90. Councilman Laufenburger: Okay. A 45 by 90 building. Greg Falconer: They have 46 by 90 but every foot for 100 makes a big difference. Councilman Laufenburger: Okay. You built that. Greg Falconer: Yes, in 2000. Councilman Laufenburger: Before the ordinance. Greg Falconer: Before the ordinance. Councilman Laufenburger: Any reason why you chose to build that and not extend it and tear down this building of 1965? Does it have historical value do you think Greg? Greg Falconer: Yes. I have a windmill that I actually have on the property just to the west of there too so I’m trying to keep a theme. There’s horses on the right side of me. There’s horses on the left side. Tammy would like a horse. We’re still in debate of that. Councilman Laufenburger: You’ll have to take that up somewhere other than here. Mayor Furlong: Stay focused on the issue. Greg Falconer: You know and another reason why they said the ordinance was imposed was because people were starting businesses on their property. Carol Dunsmore who works at the City, along side staff here and stuff can verify that we do not run a business out of this area. I originally did have a conditional use permit to run a business out of that. I don’t have that business since 2004. This is not a money making adventure for us. Councilman Laufenburger: Okay. What if you didn’t get that additional 200 feet? Would you still build the extension of the roof? Greg Falconer: Yes, I would. Councilman Laufenburger: Just to get the snow going over there. Greg Falconer: I would. Councilman Laufenburger: Okay. Councilwoman Tjornhom: Mr. Mayor. 15 Chanhassen City Council – December 10, 2012 Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: This is probably for Kate. Sorry Kate. You know how I’ve kind of always ruled on the side of common sense and so I mean I understand that there’s an ordinance and that it’s important that we follow ordinances so we have some structure in our city but besides the fact that this ordinance is in place, what are the, what are some other impacts? Negative impacts because to me this doesn’t seem like it’s such a huge negative impact to this property or the city. Kate Aanenson: Sure. What I don’t have for you is looking at the, all the accessory structures in that area and we kind of took it, looked at those in that neighborhood when we did another application over there th on West 96 Street. As the applicant has stated that they did have a commercial business there and some of these uses are used for commercial which means there’s commercial activity going down a residential street and the like and that’s why the ordinance was changed in that timeframe. This particular building, when that came in and we didn’t have the tools in place to say we already had 2,000. Now we’re going to add another you know 4,000 to 5,000 on there. You know what’s the tipping point for that type of use. Now clearly the applicant has stated that they’re not going to, and we’ve talked about that. What happens with the next buyer and that sort of thing. Yes, there’s horses on there. Yes, there are places for agricultural but not everybody’s using it in an agricultural way. Whether it ends up being, and I’m not saying that this person is doing that but cabinet shops, those are some of the things that we spend enforcement time trying to resolve so that’s why the ordinance was put in place. And we said if someone was coming in for a variance because they had horses or agricultural type use, that would be some you know findings that the council and the Planning Commission would say made sense if it was for agricultural purposes. I know Bob and Alyson did go out on the site and they felt this was reasonable. I can’t go either way on the drainage issue. There’s drainage issues you know no matter what’s going to happen water’s going back and forth across different properties. I’m not sure this is going to keep it away from the door. I’m not sure it’s going to solve the long term problem or frost heaves and water on the property. It’s going to constantly fluctuate so I’m not sure that’s solving the problem. So again our position is to not increase that non-conforming but is the 200 square feet. Councilwoman Tjornhom: And that’s where I’m wrestling. Kate Aanenson: Right, understood. Understood. Councilwoman Tjornhom: And then one more question for the applicant, and I don’t mean to be naïve but you were talking about your neighbor has water flowing and so you built that retaining wall to redirect that water. So if you expand the building, where does that water go? Greg Falconer: If I expand this over here? I have a favorable flowage over on this side. My parking lot has about a, I think it’s about a 5 percent grade on it right now. So once the water gets right to here, it travels very fast. The water right here is pretty much stagnant at that point and unfortunately I can’t dig that out right there because if you dig this out or add to it one way or another you’re going to create another problem pushing it against the building or what have you. I understand that not everybody, you know you can’t just look at something and say I think this will work or wouldn’t work but the fact of the matter is, I’ll probably completely dry this area up completely. Right now there’s actual moss growing in the corner in the summertime because it never sees any sunlight and what have you but the frost heaving has really been an issue. Councilwoman Tjornhom: And then to clarify one more thing because you had mentioned that your wife would like to garden and can and have tables out for that. That wouldn’t be the start of like a mini farmers market or anything like that? 16 Chanhassen City Council – December 10, 2012 Greg Falconer: No. Tammy Falconer: No. We don’t allow strangers on our property. Greg Falconer: It’s somewhat true. We had a pretty bad theft there 3 years ago. Councilwoman Tjornhom: Thank you. Mayor Furlong: Thank you. Any other questions? I have just a couple follow up questions. With your proposal, the red building that we’re looking at here, you’d be taking that one down and building a new one, is that correct? Greg Falconer: It’s actually down already. The insurance company came out and said, take the building down. Mayor Furlong: So it’s down? Greg Falconer: Yes. Mayor Furlong: Okay. Alright. And then did you have a chance to have your engineer’s review the alternatives of the City? Greg Falconer: No, I did not get a chance to on the last City Council meeting, or City Planning Commission and. Mayor Furlong: Right, you had said you got that a few days before but that was a few weeks ago now. Greg Falconer: Yeah, exactly. Mayor Furlong: Have you had a chance since then to take a look at those? Greg Falconer: No, in fact I have not been in town. I’ve actually been down in Florida looking for some work down there. Mayor Furlong: Okay. Greg Falconer: I have a traveling business type of deal. Mayor Furlong: Okay, and that’s fine. And I guess the other question then is with regard to the current gap between the building, or what was the building and that retaining wall. You said there’s a couple feet there. You’ve got some drainage tile and you put down some other materials to run water away. Greg Falconer: Yes. What I would do with the new structure, which wouldn’t be wood. This is a wood structure. The next structure would be made out of metal. We would band around the whole bottom side with a rubber membrane and put draintile in the bottom and do it you know right so that whole building stays dry in that area. Mayor Furlong: And I guess my question is, if you went with one of the city alternatives, why couldn’t you keep the existing drainage that you have there now and just with landscaping run the water if you added that additional 11 feet. 17 Chanhassen City Council – December 10, 2012 Greg Falconer: The building is 3 feet lower than the top of the retaining wall. My grass is right about here so when you see this retaining wall coming into view, you have to remember right here the grass is right up near the top and then that’s how low the building was. The building probably shouldn’t have been built there in the first place but I wasn’t around. Mayor Furlong: You didn’t do that one. Greg Falconer: Exactly and so if we bring the building back we’re, you know we’re creating a very large space behind here. Now I’ve just created a bathtub that I have to do something with and that’s where you’ve got to decide do you take the whole retaining wall down or you try to fill that in. What you try to do. You’re looking at a sizeable amount of money to make it work without having another issue happening. Mayor Furlong: And I guess what I’m trying to understand is there’s already water, rain water going between the building and the retaining wall, correct? Greg Falconer: Which I was able to get to with the draintile and the rubber membrane in there. Yeah, it’s a very small area. We’re only talking a trough this big and so I was able to put drainage rock and draintile in there with a rubber membrane and I got that to completely exit out the other side of the building over here. Not this side. This side. Mayor Furlong: Okay, and the engineers say that you couldn’t cover the 13 feet with that, or you don’t think you can cover the 13 feet? Greg Falconer: It would be, it would be very expensive because we’re talking not, without being there, there is an extensive amount of soil and drainage rock and stuff that would have to be done to that front area to make this work. Mayor Furlong: Okay. Greg Falconer: There’s one thing, I just want to say one thing. My two neighbors were here last time and they said I don’t know if people can picture what exactly what, because those same questions were asked by a couple of the planning commission people and it was quite clear that it’s just hard to really see you know because it does seem like a logical thing. Oh we’ll just bring the building back and then just landscape that and whatever but there’s a lot, this is 40 feet from here over to the other side and every foot you go back you’re going to have to add something and up and up and up to get that to drain properly towards the, away from the building and stuff. Mayor Furlong: Alright, thank you. Any other questions, follow up questions? Mr. McDonald. Councilman McDonald: I’ve got just one. So what this is coming down to is what you’re asking us to do is basically keep the same footprint for the building. You need to move the peak over structurally and that’s going to require 5 additional feet on that western side and then the rest of it is just an overhang in order to get the water out to your driveway. Greg Falconer: Yes. Yes. Councilman McDonald: Okay. Mayor Furlong: Alright, any other questions at this time? Okay. Thank you. Thank you very much. 18 Chanhassen City Council – December 10, 2012 Greg Falconer: Thank you. Tammy Falconer: Thank you. Mayor Furlong: Any follow up questions for staff? Councilman McDonald: Well I have one. Mayor Furlong: Mr. McDonald. Councilman McDonald: Has anybody complained about this in the neighborhood? Kate Aanenson: No. Councilwoman Ernst: I have one. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Kate, they talked about using this for horticultural purposes. Is there a problem with that? Kate Aanenson: No. The property is zoned A2. I think the reason we put that definition in there is, this is a contractor’s yard used to be permitted in this area so we’ve eliminated contractor’s yards from home occupations so this did have an active home occupation, contractor’s yard as stated as recently as 2004 because it had the continuing in the non-conformity so this building had the continuation of the non- conformity. This existing building so that was one of our recommendations too if you were to go forward that we eliminate the conditional use, the non-conformity of the contractor’s yard, and that was one of the reasons why it was put in place. Not all of these were used for agricultural purposes. Some of them were for contractor’s yards and that was why we moved away from that cap. If it’s for agricultural purpose and it meets the criteria for, whether it’s animals, you have to apply to the City to get your stable permit and that sort of thing but certainly if they wanted to do that, that’s permitted. Councilwoman Ernst: Okay, thanks. Mayor Furlong: Okay, thoughts and comments from council. Councilman Laufenburger. Or I’m sorry, Mr. McDonald. Councilman McDonald: I guess I’ll start while everybody else thinks. Yeah, I remember the other property coming and we did assess what’s been done down in this area as far as out buildings and those types of things. Out buildings seem to fit within this neighborhood and that seems to be something that all the neighbors have accommodated and are very much in favor of doing and they’ve allowed people to use this land as they kind of wish as long as it stays within the ordinances for contractors yards, and even back then I remember the people that did come forward said that there was none of that activity going on by any of the property owners. I realize that what staff has proposed on it’s face seems very logical and very easy to do but you know looking at the overheads and understanding what the applicant is talking about, why would we continue to add on costs to something. I’m having a problem with that part of it because we all seem to agree that if he wants to expand the building out a little bit there’s no problems with that. What we seem to be arguing over a little bit is the, is the blueprints and the plans. I would not have a problem with him going back to the original plan and putting in there what he has originally proposed. 19 Chanhassen City Council – December 10, 2012 Mayor Furlong: Thank you. Other comments. Councilwoman Tjornhom: I can go next. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: I want to start by saying that I appreciate staff and all the work that you do put into planning and this once again, I think you did a very nice job with it but you know I know we also have to respect the ordinances that we have in this city so we don’t have chickens running around and lord knows what else. You can have chickens here so that’s a good thing but it really does come down for me to be, what’s common sense. Does it make sense for this family to deal with the same problems just in a different way or does it make sense for them just to do it right the first time and have a usage of the building that they can enjoy for the duration that they stay there so I certainly would be in favor of them, with the original plan also. Mayor Furlong: Thank you. Other comments? Councilwoman Ernst: I’ll make a comment Mayor. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: So I would assume that when we talk about going back to the original plan that it was the 13 feet on the roof? Adding the 13 feet to the roof. So, and I agree. I would support that as well. I think that, I mean I don’t see where it really has any disadvantages and if they build it to it’s original state and I don’t see any issues with that. Mayor Furlong: Thank you. Mr. Laufenburger. Councilman Laufenburger: Well just to clarify Councilwoman Ernst, they don’t want to rebuild to the original state. Councilwoman Ernst: They want to add 13 feet onto the roof, from what I understood. Councilman Laufenburger: Well they want to go from 40 by 32 to 40 by 37 with an additional 8 feet of roof that gives Tammy her gardening tables. So what they want to do is they want to expand the 1,280 internal dimensions to 1,480 and then add this roof, all for the purpose of getting the snow away from the frost heave. Councilwoman Ernst: Right. Councilman Laufenburger: Okay. So I would call that the applicant’s proposal and I think Councilwoman Tjornhom said it the best. I think it makes common sense. I would support the applicant’s proposal. Mayor Furlong: And that’s fine. I’m comfortable with what’s been discussed here. If there’s no other comments would somebody like to make a motion? Councilwoman Tjornhom. Councilwoman Tjornhom: I’ll make a motion. I’d like to make a motion that the City Council approves a variance to expand a 520 square feet of existing non-conforming accessory structure and adopt the attached Findings of Fact and Decision. But that’s not going to work. 20 Chanhassen City Council – December 10, 2012 Kate Aanenson: Right, we need to come back with Findings. Councilwoman Tjornhom: Yep. The Findings of Fact aren’t going to be applicable to this so. Mayor Furlong: So direct staff to prepare Findings of Fact? Roger Knutson: For the next meeting. Councilwoman Tjornhom: Direct staff to prepare Findings of Fact for the next meeting. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Any further discussion? Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves a variance to expand a 520 square feet of existing non-conforming accessory structure and directs staff to prepare Findings of Fact for the next council meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you very much. Thank you everyone. Councilwoman Tjornhom: Enjoy your chickens. CHANHASSEN APARTMENTS, LOCATED AT 7750 GALPIN BOULEVARD (NORTHWEST CORNER OF HIGHWAY 5 AND GALPIN BOULEVARD); REQUEST FOR CONCEPT PLANNED UNIT DEVELOPMENT (PUD) FOR A 224 UNIT APARTMENT BUILDING ON 8.08 ACRES OF PROPERTY ZONED AGRICULTURAL ESTATE (A2); APPLICANT: OPPIDAN, INC./OWNER: AMERICANA COMMUNITY BANK. Mayor Furlong: Let’s start with a staff report and again just for format here. We’ll start with the staff report. Any questions might come from that. The applicant will be invited to come up and provide his presentation. We will take public comments and then we’ll, when that period is over we’ll bring it back to council for questions and comments as well. So let’s start with staff report, Ms. Aanenson. Kate Aanenson: Thank you Mayor, members of the City Council. Again the applicant is requesting a th concept PUD for 224 apartments. Again the Planning Commission heard this on their December 4 meeting. Included in your updated cover memo to your staff report it’s kind of a summary of their points as it came forward. Again the application under the PUD concept is to, if it was to go forward would have to have a land use amendment from office and residential low density to high density residential PUD. And from, rezoned from the A2 District and would also require site plan approval. So what I’d like to do then is go through the staff report. I’m going to try to weave in some of the questions that were answered and then while I’m on a slide I think, instead of me trying to go back and forth on slides, if you have questions while I’m on that slide that would be helpful. So again the subject site shown in black is, th there’s office land use designation that is 8 acres. Across the street on West 78 is 6 acres that’s guided for low density, and just to clarify, I’ve been asked this question, and I’m not sure that we can get it out definitively. When it’s designated land use of low density there is several different zoning applications that can apply so when you look at the zoning right now it’s A2. That’s typical when there’s no development on the site. It keeps it in a low tax area until it comes in for development. The zoning then, 21