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PC SUM 2003 10 21CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES OCTOBER 21, 2003 Chairman Sacchet called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Uli Sacchet, Steve Lillehaug, Beth Tjomhom, Kurt Papke, and Craig Claybaugh MEMBERS ABSENT: Rich Slagle and Bruce Feik STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen A1-Jaff, Senior Planner; Angie Auseth, Planner; Lori Haak, Water Resource Coordinator; and Matt Saam, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Jerry & Janet Paulsen 7305 Laredo Drive PUBLIC HEARING: REQUEST FOR A VARIANCE FOR THE CONSTRUCTION OF AN ADDITION LOCATED AT 900 HIAWATHA DRIVE~ KENT AND MARY BRAUN. Angie Auseth presented the staff report on this item. Commissioner Lillehaug asked for clarification on the statement that this parcel could be further subdivided in the future. Chairman Sacchet asked how and why the applicant chose the placement for the addition. Commissioner Tjornhom asked about the other homes in the neighboring and if they conform to the setbacks. Kent and Mary Braun, 900 Hiawatha Drive presented their case for the variance request. Chairman Sacchet opened the public hearing. No one spoke and the public hearing was closed. After commissioner comments, the following motion was made. Papke moved, Claybaugh seconded that the Planning Commission denies Variance Request #2003-13 for a 13 foot variance from the 30 foot front yard setback requirements based on the findings in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE WETLAND SETBACK FOR THE CONSTRUCTION OF A DECK AND PATIO LOCATED AT 2350 HUNTER DRIVE~ ROBERT KRUEGER. Angie Auseth presented the staff report on this item. Commissioner Claybaugh asked for clarification on the city's reasonable thresholds for decks and patios. Commissioner Papke asked what the patio was constructed of, and Commissioner Tjornhom clarified that a permit isn't needed to construct a patio. Commissioner Lillehaug asked what ramifications Lundgren Brothers had for clear cutting 840 square feet of trees. He also asked for clarification on the findings in the staff report. Chairman Sacchet stated he was struggling with who's responsible for knowing about the setbacks, the developer or the homeowner. The applicant, Bob Krueger, 2350 Hunter Drive presented his case on this issue and showed pictures of his rear yard, deck and patio. Commissioner Claybaugh asked the applicant to explain what construction work he has Planning Commission Summary - October 21, 2003 done and what Lundgren Brothers had done. Commissioner Lillehaug and Chairman Sacchet asked the applicant for clarification on the time line of construction. Chairman Sacchet opened the public hearing. No one spoke and the public hearing was closed. Commissioner Claybaugh asked staff to explain the purpose of the wetland buffer zone. After commissioner comments, the following motion was made. Ciaybaugh moved, Tjornhom seconded that the Planning Commission approves Variance #2003-14 for a 26 foot variance from the 40 foot wetland buffer setback requirement with the following conditions: An Encroachment Agreement shall be signed by the applicant allowing him to construct the patio within the easement. The applicant shall plant a minimum of three native overstory trees within the easement as replacement plantings. The applicant shall revegetate all disturbed areas. The fire pit clearing shall be seeded and allowed to grow back to it's previous wooded state. No further encroachments or alterations shall be permitted within the tree preservation easement. The applicant shall work with city staff to install plantings to mitigate any further impact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR A WETLAND ALTERATION PERMIT FOR PLACEMENT OF A DOCK LOCATED AT 6539 GRAY FOX CURVEt KENTON AND ~ULIA KELLY. Public Present: Name Address Kent and Julia Kelly Jeff Dahl Ron & Leanne Harvieux Susan & Ladd Conrad Dave Susla 6539 Gray Fox Curve 6537 Gray Fox Curve 6605 Horseshoe Curve 6625 Horseshoe Curve 7409 Frontier Trail Lori Haak presented the staff report on this item. Commissioner Lillehaug asked staff to clarify why they are recommending the applicant install a permanent boardwalk on the site. Commissioner Tjornhom asked staff to clarify the proximity of the lot at 6539 Gray Fox Curve in relation to this lakeshore lot and the precedence, if any, this is creating. Commissioner Papke asked for clarification on the conditions relating to the permanent boardwalk and the seasonal dock. Commissioner Claybaugh asked staff to clarify the issue of riparian rights. Chairman Sacchet asked staff to explain what would happen if the two lots don't stay under the same ownership. Kent and Julia Kelly, the applicants, discussed their application and stated they were in agreement with the staff recommendation. Commissioner Lillehaug asked if the property now owned by the Kelly's was included in the beach front property for the beachlot and used in Planning Commission Summary - October 21, 2003 figuring out the number of boats and docks that were available for that homeowners association. Chairman Sacchet opened the public hearing. Ladd Conrad, 6625 Horseshoe Curve provided some historical background and the intent of the Planning Commission when this parcel was subdivided. He asked the Planning Commission to look into the legalities and the precedence of approving this request. Jeff Dahl, 6537 Gray Fox Curve, the neighbor to the Kelly's, stated he supported the application. Chairman Sacchet closed the public hearing. Commissioner Claybaugh asked if staff had received a legal opinion about the further subdivision and the addition of lakeshore properties in the future. Commissioners provided their comments and made the following motion. Lillehaug moved, Papke seconded that the Planning Commission recommends approval of Wetland Alteration Permit g2003-2 for a boardwalk across the wetland at 6539 Gray Fox Curve, subject to the following conditions: The applicant shall work with city staff to draft and record an agreement that will prohibit accessory uses and/or structures on the outlot if the adjacent property at 6539 Gray Fox Curve is not under the same ownership. The boardwalk shall be installed across the wetland as a permanent structure and a seasonal dock shall extend from the boardwalk into Lotus Lake to provide docking for watercraft. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement. 4. The dock shall be located outside of the dock setback zone. Before this goes to City Council staff will establish a clear understanding what it would take to combine the outlot and the lot into one lot. Staff will establish a clear understanding and make recommendation to the City Council to put a clear condition on this application that restricts further subdivision of that wetland outlot. All voted in favor, except Claybaugh who opposed, and the motion carried with a vote of 4 to 1. Commissioner Claybaugh stated he was opposed to the motion because in the event that, from a legal standpoint the city is not able to restrict the further subdivision, he would not approve the boardwalk. Chairman Sacchet summarized that the Planning Commission struggled with the application because they felt the applicant is within their rights to have a dock and have high confidence that the applicant is a good steward of that wetland. The concern is what happens with the big wetland outlot. If that would be further subdivided it would give rights to additional landowners to cut into that wetland and definitely start degrading it significantly. They'd like staff to have a very clear picture how that can be prevented so that a condition to that effect can be added to this application should the council choose to approve this. The Planning Commission took a short recess at this point in the meeting. When they returned, they asked for a show of hands of people in attendance for the remaining items on the agenda, Due to the time curfew, Chairman Sacchet asked that the Park Nicollet and Halla Nursery items be tabled to the next meeting on November 18, 2003. Planning Commission Summary - October 21, 2003 PUBLIC HEARING: REQUEST FOR A PARKING LOT VARIANCE LOCATED ON PROPERTY ZONED IOP~ INDUSTRIAL OFFICE PARK AND LOCATED AT 8160 UPLAND CIRCLE~ DATALINK. Sharmeen Al-Jaff presented the staff report on this item. Commissioner Papke asked staff to clarify how the process works if a new tenant comes in and decides to reconfigure the building internally. Commissioner Tjornhom asked if there was adequate parking if the adjacent property was sold. Commissioner Claybaugh asked staff to explain if parking is based on square footage of the building or usage. Commissioner Lillehaug asked how the current parking was figured and the reasoning behind the parking easement. Chairman Sacchet asked if a condition could be added to say something like the use of the building could not be intensified beyond the capacity of the parking. Dan Kinsella, Vice President of Finance and Chief Financial Officer spoke on behalf of Datalink, 8170 Upland Circle. He clarified that Datalink does not own the land or the building, but does own the adjacent parcel of land and explained the reasoning behind the parking easement. Chairman Sacchet opened the public hearing. No one spoke and the public hearing was closed. After commission comments, the following motion was made. Claybaugh moved, Papke seconded that the Planning Commission approves Variance ~c2003-15 to allow reduction of required parking spaces for Lot 6, Block 1, Chanhassen Lakes Business Park 7th Addition, subject to the following condition: 1. Intensification of the use of the building will be limited by the available parking. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR REZONING OF 3.09 ACRES FROM A2~ AGRICULTURAL ESTATE DISTRICT TO R-4~ MIXED LOW DENSITY RESIDENTIAL; SUBDIVISION APPROVAL CREATING FIVE LOTS CONSISTING OF ONE SINGLE FAMILY HOME AND FOUR TWIN HOME UNITS WITH A VARIANCE REQUEST~ AND A CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR~ KLINGELHUTZ DEVELOPMENT~ ADDITION. Public Present: Name Address WALNUT GROVE SECOND Bob Hanson (For Kathy Homes) Brad Throdahl Elden Bott Audrey Tulberg Marty Campion Erik Johnson Ilene Leister Maureen Wissel Susan & Roger Remaley Jeanne Gilbertson Laurie Lenertz 2145 Baneberry Way West 2190 Baneberry Way West 7626 Prairie Flower Boulevard 7674 Primrose Place Otto Associates Klingelhutz Development Inc. 3738 Hickory Lane 2031 Blue Sage Lane 2198 Baneberry Way West 2170 Baneberry Way West 7676 Blue Bonnet Boulevard 4 Planning Commission Summary - October 21, 2003 Julie Wand Annette Cieszkowski Chenk Wai Chong Hang Chan Jodi Pitschka Stein Settergrgn Jan Maruska Chuck & Shirley Engh Jenny Van Aulsburg Elissa K. Ellefson 2133 Baneberry Way West 2141 Baneberry Way West 2201 Baneberry Way West 2201 Baneberry Way West 9600 Rosewood Lane Ggittleman Management, Bloomington 2175 Baneberry Way West 7642 Prairie Flower Boulevard 2171 Baneberry Way West 2194 Baneberry Way West Bob Generous presented the staff report on this item. Commissioner Lillehaug questioned the placement of the driveway in relation to the property line for Lots 4 and 5. He also asked for clarification on the distance between fire hydrants, the outlet of the pond, concern that the house structures on Lots 4 and 5 are too close to the setback to facilitate the construction of a deck, the structure being at or below the high water mark, and the temporary cul-de-sac turn around. Chairman Sacchet had questions regarding Lot 4 meeting ordinance requirements and the proximity of the pond to the structures. Commissioner Claybaugh asked for clarification on the condition regarding private street inspection. Marty Campion, project engineer with Otto Associates, spoke on behalf of the applicant to address the concerns of the Planning Commission. With him was Erik Johnson with Klingelhutz Development who was present to answer any questions. Chairman Sacchet opened the public hearing. Stein Settergrgn with Gittleman Management, the management company representing the Walnut Grove Villas Association, located immediately east of the proposed project stated their concern was with the construction traffic using the private road through their development and the temporary cul-de-sac. They were under the assumption that that cul-de-sac would be moved and made into a permanent cul-de-sac when this property developed. Jan Maruska, 2175 Baneberry Way West and president of the homeowners association reiterated the concern about the cost of maintenance on the private street being shared with the new development, and stated they would like to see the construction traffic come off of Galpin rather than through their development. Sue and Roger Remaley, 2198 Baneberry Way West are just north at the very end. They feel the developer is trying to shoe horn too many lots into this parcel of land, the need for the temporary cul-de-sac to be completed, and a concern with the type of homes being built by Klingelhutz Development. They were concerned with the placement of the road and it affecting their property value. Audrey Tulberg, 7674 Primrose Place was concerned with the number and design of the new homes, the affect on their property value and the construction traffic. Erik Johnson with Klingelhutz Development explained what the twin home units would look like. Jodi Pitschka, representing the people trying to purchase the single family dwelling on the site and stated a concern that the placement of one of the new twinhomes will be extremely close to the single family house and a concern with construction traffic coming off of Galpin by their house. Jan Maruska asked where the construction workers were going to park, as the private road has no parking on either side. Matt Saam stated they would be required to park within their own site. Eldon Bott, 7626 Prairie Flower Boulevard stated concern with construction traffic off of Galpin crossing a bike path and steep incline. Chairman Sacchet closed the public hearing. After commission discussion the following motions were made. Lillehaug moved, Claybaugh seconded that the Planning Commission recommends denial of the rezoning of the property from Agricultural Estate District, A2 to Mixed Low Density, Residential District R-4. All voted in favor, except Tjornhom who abstained, and the motion carried with a vote of 4 in favor and 1 abstention. Planning Commission Summary - October 21, 2003 Lillehaug moved, Claybaugh seconded that the Planning Commission recommends denial of the preliminary plat for Walnut Grove Second Addition, plans prepared by Otto Associates dated 8-18-03. All voted in favor, except Tjornhom who abstained. The motion carries with a vote of 4 in favor, 1 abstention. Lillehaug moved, Claybaugh seconded that the Planning Commission recommends denial of the Conditional Use Permit #2003-6 for the development within the Bluff Creek Overlay District. All voted in favor, except Tjornhom who abstained. The motion carries with a vote of 4 in favor, 1 abstention. Chairman Sacchet stated the Planning Commission recommended denial on the basis that there was pretty unanimous agreement among commissioners that the cul-de-sac situation has not been addressed by this proposal. It's currently a temporary cul-de-sac at the end of that private road with the intent that it would go away at some point and be a turn around further down that road. There is no such provision in this proposal. Some of the commissioners were concerned with the intensity and how the current proposal places dwellings right on the setback lines. They did not think it was appropriate to table because extending and installing a permanent cul-de-sac really changes the scope and outlook on the whole site. Chairman Sacchet also stated he felt this plan is not complying with the intent of the comprehensive plan in terms of maximizing the quality of the development and preserving the natural environment. APPROVAL OF MINUTES: Commissioner Claybaugh noted the Minutes of the Planning Commission meeting dated October 7, 2003, as amended on page 5 of the summary minutes by Commissioner Lillehaug to indicate that staff should be educated on underground retention systems, not the Planning Commission. Chairman Sacchet adjourned the Planning Commission meeting at 10:35 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 6