PC SUM 2003 12 02CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 2, 2003
Acting Chair Feik called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Bruce Feik, Kurt Papke, Rich Slagle and Steve Lillehaug
MEMBERS ABSENT: Uli Sacchet, Craig Claybaugh and Bethany Tjornhom
STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen A1-Jaff, Senior Planner;
and Matt Saam, Acting City Engineer/Public Works Director
PUBLIC PRESENT FOR ALL ITEMS:
Janet Paulsen 7305 Laredo Drive
Deb Lloyd 7302 Laredo Drive
PUBLIC HEARING:
REQUEST FOR A CONDITIONAL USE PERMIT #2003-8 TO ALLOW A FOOD
PROCESSING FACILITY (MAIN STREET BANKERY) TO BE LOCATED IN
AN EXISTING INDUSTRIAL OFFICE BUILDING; LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF MALLORY COURT
AND LAKE DRIVE WEST; LOT 1~ BLOCK L CHANHASSEN LAKES
BUSINESS PARK 8TM ADDITION; WELMAN SPERIDES ARCHITECTS.
Public Present:
Name
Address
Nick Sperides, Welman Sperides Architects,
Kristi Khumert, Andreas Development
Victoria Woods, Andreas Development
8500 Normandale Lake Blvd, Bloomington
708 East Lake Street, Wayzata
708 East Lake Street, Wayzata
Sharmeen A1-Jaff presented the staff report on this item. Commissioner Lillehaug asked
for clarification on the intent of the compliance plan. Commissioner Papke asked what
the applicant's intentions were for use of the retail space and if there was a limitation on
the type of products produced. Acting Chair Feik asked about the hours of operation.
Nick Sperides with Welman Sperides Architects spoke on behalf of the applicant. He
stated he has not met specifically with the applicant because the applicant's lease is
contingent on approval of the conditional use permit. Acting Chair Feik opened the
public hearing. No one spoke and the public hearing was closed. Commissioner Slagle
asked if the neighborhood to the south had been notified of this public hearing. Staff
stated they did not fall within the 500 foot requirement. Commissioner Papke asked if
the applicant becomes very successful and wants to hold an event such as Pies Inc., are
Planning Commission Summary - December 2, 2003
there requirements for that. Staff stated they could apply for a temporary sales permit.
Acting Chair Feik stated he would like to limit the hours of operation for baking.
Commissioner Lillehaug stated staff has implemented a compliance plan and if there are
problems with it, a more appropriate measure than limiting hours is enforcing the
compliance plan. Commissioner Slagle asked staff to make the applicant aware of
problems with noise similar to the banging of flour trucks at General Mills.
Slagle moved, Papke seconded that the Planning Commission recommends approval
of Conditional Use Permit #2003-8 a Food Processing Facility in an lOP district for
Main Street Bakery, Inc., to be located on Lot 1, Block 1, Chanhassen Lakes
Business Park 8th Addition as shown on the plans dated received November 7, 2003,
subject to the following conditions:
The applicant shall contact the Building Inspections Department to discuss permit
and occupancy requirements.
The applicant shall meet with the Fire Inspection Department to discuss Fire Code
requirements.
3. Compliance with conditions of site plan and plat approval.
There shall be no outdoor storage of any equipment associated with the bakery or
the auxiliary uses associated with the bakery.
A maximum of 20% of the floor area may be used for retail purposes of
merchandise manufactured or stored on site.
6. Truck parking is permitted on site only along the northerly parking area.
7. Compliance plan must be submitted to the city including:
An inventory of potential or identified odor emission point sources
associated with the bakery.
An engineering quality plan detailing best available control technologies
and appurtenances designed to eliminate or achieve the maximum
reduction of odor pollution from an emission point source inclusive of, but
not necessarily limited to, certain processes, procedures, or operating
methods intended to mitigate or control odor pollution.
A detailed explanation of the specifications and operating parameters of
the best available control technologies, monitoring instrumentation and
equipment, and processes and procedures intended for the mitigation or
control of odor pollution.
A specification of the documentation that will be made available for the
city's review that will verify the data produced by the monitoring
equipment and which will verify that processes and procedures are
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Planning Commission Summary - December 2, 2003
conducted consistent with the specifications in the facility's odor control
study and plan.
An approved schedule which states, in a time certain manner, the
implementation and installation of the best available control technology,
processes, procedures, operating methods and monitoring instrumentation
designed to mitigate or control odors at the facility inclusive of any
approved completion date.
An acknowledgement of the authority of the city and it's agents to enter
into the facility or it's property in order to investigate complaints and to
verify the facility's adherence to the compliance plan.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING:
REQUEST FOR A WETLAND ALTERATION PERMIT #2003-3 FOR THE
PLACEMENT OF A DOCK; 6735 LAKEWAY DRIVE~ ANTHONY ROEPKE.
Public Present:
Name Address
Anthony Roepke
Joe Morin
6735 Lakeway Drive
1441 Lake Lucy Road
Sharmeen A1-Jaff presented the staff report on this item. There was confusion from the
drawings regarding the placement of the permanent boardwalk and floating dock, and
interpretation of the regulations regarding the length of docks. The Planning
Commission asked for clarification from the city attorney on these regulations prior to
going to City Council. Commissioner Slagle asked if staff felt this was a complete
application. Commissioner Lillehaug had concerns that the survey did not show the
wetland buffer. Acting Chair Feik had concerns with the impact of installing a
permanent dock through the wetlands and the length of the dock. He called the public
hearing to order. The applicant, Anthony Roepke stated the purpose of this proposal was
to get a dock beyond the wetland and lily pads. He addressed questions regarding
installation of the dock and had questions regarding the placement of the dock related to
the ordinary high water mark. Joe Morin, 1441 Lake Lucy Road stated his interpretation
of the ordinance is to allow a dock to be 50 feet in length or until it reaches 4 feet of
water, whichever is greater. Not a minimum of 50 feet. He stated he is working together
with the applicant to make sure there's minimum impact on the environment by sharing a
dock. Acting Chair Feik closed the public hearing. Commissioner Slagle asked for
clarification on the number of boats that can moored on a dock that is shared.
Lillehaug moved, Papke seconded that the Planning Commission recommends
approval of Wetland Alteration Permit #2003-3 for a boardwalk across the wetland
at 6735 Lakeway Drive, subject to the following conditions:
Planning Commission Summary - December 2, 2003
The boardwalk shall be installed across the wetland as a permanent structure and
a dock shall extend from the boardwalk into Lake Lucy to provide docking for
watercraft.
The applicant shall enter into an encroachment agreement with the City and the
installation of the boardwalk across the drainage and utility easement.
3. The dock shall be located outside of the dock setback zone.
All voted in favor, except Feik who opposed, and the motion carried with a vote of 3
to 1.
Acting Chair Feik voted no because he thinks the interpretation of the clause relating to
dock length is erroneous. It is not supposed to be unlimited length of dock, and until
such time as that is further defined, he can't support the motion.
PUBLIC HEARING:
REQUEST FOR A WETLAND SETBACK VARIANCE #2003-16 AND A
CONDITIONAL USE PERMIT #2003-8 FOR THE CONSTRUCTION OF A
SHED ON PROPERTY ZONED PUD-R~ 7474 MOCCASIN TRAIL~ KHAI &
HEATHER TRAN.
Bob Generous presented the staff report on this item. Commissioner Papke asked for
clarification on the landscaping requirements. Commissioner Lillehaug asked for
clarification on the buffering requirements, city versus national codes. Acting Chair Feik
asked for clarification on the buffer yard and covenant regulations within the subdivision.
Khai Tran, the applicant, thanked the planning staff for all their assistance and explained
their situation. Acting Chair Feik opened the public hearing. No one spoke and the
public hearing was closed.
Slagle moved, Lillehaug seconded that the Planning Commission recommends
approval of Conditional Use Permit #2003-8 to permit the construction of a 96
square foot shed/playhouse as shown on the registered land survey dated checked
and reviewed on February 8, 1996, and based on the findings in the staff report. All
voted in favor and the motion carried unanimously with a vote of 4 to 0.
Slagle moved, Lillehaug seconded that the Planning Commission approve Variance
#2003-16 for a 28 foot variance from the 40 foot wetland setback requirement and a
34 foot Bluff Creek Overlay, BCO primary zone setback variance from the 40 foot
BCO primary zone setback for the construction of a shed, based on the findings in
the staff report with the following conditions:
Maintain existing buffer.
No additional structure encroachments into the required setbacks.
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Planning Commission Summary - December 2, 2003
The applicant shall work in consultation with the City Forester to add
landscaping to screen the structure from the east and west and create a more
natural appearance.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING:
REQUEST FOR A SHORELAND SETBACK VARIANCE #2003-18 FOR THE
CONSTRUCTION OF AN ADDITION ON PROPERTY ZONED RSF~
RESIDENTIAL SINGLE FAMILY; 6900 UTICA LANE, DALE & GLORIA
CARLSON.
Bob Generous presented the staff report on this item. Commissioner Papke asked when
the spa room was added onto the house, before or after the 1986 ordinance. The
applicant stated it was constructed in 1987. Commissioner Lillehaug asked for
clarification on what addition the Planning Commission was concerned with and
increasing a non-conformance. Acting Chair Feik asked if the eaves had been taken into
account in the measurements and about the placement of the shed. The applicant, Dale
Carlson stated they have lived in this house since 1972 and provided some background
information. He stated confusion over his property now being a non-conforming lot.
After discussion concerning the eaves and shed, the following motion was made.
Slagle moved, Lillehaug seconded that the Planning Commission approve Variance
#2003-18 for a maximum 7 foot variance for the continuation of the eaves line from
the 75 foot shoreland setback requirement as shown on the registered land survey
dated checked and reviewed on March 30, 1992, and based on the findings in the
staff report with the following conditions:
The applicant shall install a silt fence prior to any excavation, if necessary.
The applicant shall apply for a building permit.
The applicant shall show the location of the existing driveway on the survey.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING:
AMENDMENTS TO CHAPTER 18 OF CITY CODE, SUBDIVISIONS.
Bob Generous presented the staff report on this item. Acting Chair Feik asked if the 500
foot notification requirement could be expanded. Continuing with the staff report, Bob
Generous stated that under the existing ordinance there is a range for the width of arterial
and local streets. Staff is recommending to go with what the detail plates show and was
asking for guidance from the commission. Commissioner Lillehaug stated a preference
for a 31 foot width. Commissioner Slagle asked for clarification on the requirement
relating to landscaping replacement and perhaps the need for penalties other than just
replacement for cutting of mature trees and discussion of what happens if an applicant
cuts down large numbers of trees prior to ever coming in with an application. The next
Planning Commission Summary - December 2, 2003
item of discussion was Section 18-61(d)(4). The previous ordinance said, show a 60 by
60 pad to estimate tree removal. Staff is recommending to say 8,400 square feet. The
Planning Commission voiced confusion over the wording of this requirement. There was
discussion over the $500 penalty per diameter inch for removal of trees. The City
Council felt that was an excessive amount. As an example, Plymouth has $100 per
diameter inch. Acting Chair Feik asked if there was still a clause regarding replacement
to go along with the penalty. Commissioner Papke asked for clarification on the goal of
what the city is trying to achieve, saving every tree in the city or old growth trees.
Commissioner Slagle suggested, because the City Council and Planning Commission
seem to have differing ideas relative to tree preservation and sidewalks/trails, that they
discuss it in a work session. Acting Chair Feik first wanted to open the public hearing for
public comment prior to making any decisions. Janet Paulsen, 7305 Laredo Drive asked
for clarification on the code regarding private streets and right-of-way. She stated the 60
by 60 house pad is such a practical way to figure out if there's enough room for a home
on a lot. She asked for the definition of buildable area and stated her agreement with the
requirement of sidewalks. Deb Lloyd, 7302 Laredo Drive stated she did not think the
staff report was cooked enough. There were still lots of improvements needed. She liked
seeing right-of-way for private streets documented. She would like to see the 60 by 60
house pad requirement remain. She stated she's been watching Dream House on TV and
cited some tree preservation requirements from Portland, Oregon. She asked that the
Planning Commission table this tonight and give serious consideration to doing things to
really improve the ordinance. Acting Chair Feik closed the public hearing and asked for
a motion.
Slagle moved, Papke seconded to table the amendments to Chapter 18 of the City
Code, Subdivisions per Planning Commission discussion. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
APPROVAL OF MINUTES: Commissioner Slagle noted the minutes of the Planning
Commission meeting dated November 18, 2004 amending the summary minutes on page
5, changing stop lights to stop sign; and amending the verbatim minutes on page 79
amending condition number 3.
Acting Chair Feik adjourned the Planning Commission meeting at 9:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim