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PC Minutes 08-20-2013 CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 20, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC HEARING: GONYEA VARIANCE, PLANNING CASE 2013-17: REQUEST FOR VARIANCE FROM SECTION 20-1122(2) OF THE CHANHASSEN CITY CODE TO CONSTRUCT A DRIVEWAY ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 7441 DOGWOOD ROAD (LOT 7, SUNSET HILL ON LAKE MINNEWASHTA). APPLICANT: GONYEA HOMES, INC. Generous: Thank you Chairman, commissioners. Planning Case 2013-17 is a variance request for driveway grade. This property is located at 7441 Dogwood Road. It’s on Lake Minnewashta and if you’re familiar with this area, very steep properties out there. This property has over 17% grade on the entire site so it’s 1 of 3 properties that were owned by, it’s shown in the larger blue area on that and it was administratively broken up recently so that they could build two additional houses on the property. The property is zoned single family residential and is in the shoreland district. The specific request is for a 3.5% variance to permit a 13 1/2 percent driveway grade. City code permits up to 10% driveway grades. In most instances they’re able to accomplish that. However in this area it’s very difficult due to the significant slopes on the property. We had them evaluate using a 10% grade. What that showed us is that there’s significant areas of trees that would be removed to the east of the house site. Grading would have to extend to the north into the adjacent property, as well as into the south onto the property that’s just to the south of there. Also the grading would extend beyond the bluff setback area and into the bluff areas. Through the review of the 13 1/2 percent grade we found that they were able to correct a lot of these deficiencies. For one, the first actually 20 feet of the driveway adjacent to Dogwood Road is able to come to a 3% slope. The highest, steepest grade on the remainder of the driveway is 13 1/2 percent. The 13 1/2 percent driveway would be an improvement on the existing driveway on the property which is over 17% and additionally the property just to the north of this had a 17.4% driveway so this would be better than most of the ones that we’re seeing on the south end of Dogwood. With a 10% driveway grade they’re required to put in 190 foot retaining wall which has a height of 14 feet in the middle. By going to the 13 1/2 percent driveway grade they’re able to reduce that retaining wall to 85 feet in length with the height of 8 feet so there are significant benefits for the future property owners to have a less high wall in the back yard. And finally the trees just located east of the house would be able to be preserved with the 13 1/2 percent slope as opposed to the 10%. And then this is, we were able to get a plan that shows it. It shows the area immediately adjacent to Dogwood having the 3% slope. It’s 13 1/2 percent in the middle. All these trees in this area are preserved and all the grading remains on the site and does not extend beyond the bluff buffer zone area so, they’re all those improvements. Based on that analysis we’re recommending approval of the variance request subject to the conditions in the staff report and adoption of the Findings of Fact and Decision. If you have any questions I’d be happy to answer them. Or Alyson would. Aller: The report indicated that the final plans hadn’t been provided or a plan for the 13.5% hasn’t been provided. Has that been provided yet? Chanhassen Planning Commission – August 20, 2013 Generous: That was the last slide that we saw. This one. Aller: Okay. Generous: They hadn’t been able to complete the analysis of that. And it’s, yeah prior to completing the staff report they, so it had to go out but they hadn’t completed their review of that based on the initial conditions that we have were still in place. Aller: I don’t have any other questions. Anyone? Withrow: It’s not clear to me where the retaining wall is in it’s relationship to the driveway. Generous: The retaining wall is located to the northwest of the house. Withrow: Okay. Generous: And this is the 85 footer. If you go to the 10% grade it wraps farther around the house. So yeah, it would be, it raises the house up and they get a rear yard and then the house is a little higher. Withrow: Okay. I see, thank you. Aller: Okay, thank you. Would the applicant like to step forward or have any interest in stepping forward. Bill Coffman: Mr. Chairman, members of the commission, my name is Bill Coffman with Gonyea Homes. We concur with staff’s recommendations so yeah, I’m just available if you have any questions. Aller: Great. So ultimately you’ve read the staff report. You have no problems with complying with the conditions? Bill Coffman: Yes, absolutely. Aller: Okay. Any other questions? Great, thank you very much. Bill Coffman: Thank you. Aller: With that I’ll open the public hearing. Any individual wishing to speak either for or against the requested variance can do so at this time. Is there anybody in the audience that wishes to speak for or against? Seeing no one come forward I will close the public hearing and open it for commissioner comments. Questions. It looks like my major concern obviously was that they came forward with a concrete plan. It looks like they’ve done that. All the conditions are there to protect the trees. The impact that it would have on the north and south properties. The potential intrusion into the neighboring properties. All those items have been protected either by the plan or by conditions so I think it meets all the needs and requirements for a variance. It’s a reasonable use of the property certainly and this particular property is unique in nature, as all are. The slopes out there are just tremendous so it’s an improvement on what’s already there so I’ll be voting for it. Any other questions? Comments? All those in favor. Oh, make a motion sorry. Make a motion. 2 Chanhassen Planning Commission – August 20, 2013 Undestad: I propose the Chanhassen Board of Appeals and Adjustments approves a 3.5% variance to the driveway grade to permit a 13.5% driveway grade subject to the conditions of the staff report and adoption of the attached Findings of Fact and Decision. Aller: And I have a motion. Do I have a second? Weick: Second. Aller: I have a motion and a second. Any further discussion? Undestad moved, Weick seconded that the Chanhassen Board of Appeals and Adjustments approves a 3.5 percent variance to the driveway grade to permit a 13.5 percent driveway grade subject to the following conditions and adoption of the attached Findings of Fact and Decision: 1.The proposed driveway must have the first 10 feet adjacent to Dogwood Road at a shallow grade for entry onto the roadway. 2.The proposed driveway design must also keep a shallow grade at the bottom of the driveway near the garage to prevent drainage from flowing towards the garage or home. 3.The driveway grade must not be steeper than 13.5 percent at any point. 4.Limit tree removal to only those necessary to accomplish the construction of the home and driveway. 5.Show all trees to be removed or at risk of damage during construction including those on adjoining properties. 6.Limit grading to only those areas necessary to accomplish the construction of the home and driveway while maintaining drainage patterns which will not create erosive conditions or redirect drainage onto neighboring properties. 7.No grading within the bluff impact zone. 8.Provide mitigation measures to prevent increased erosive conditions in the bluff and gully areas. 9.The site plan must otherwise be compliant with MN Rules 6120.3300 and Chapter 20, Article VII of Chanhassen City Code. 10.The grading must be revised so that water will flow away from the proposed structure. 11.The grading must be revised so as not to exceed 3:1 slopes. 12.The grading must be revised to create a swale so that water will not flow over the top of the wall. 13.The applicant must obtain permission from the owners of the adjoining properties to do any work on their land. 3 Chanhassen Planning Commission – August 20, 2013 All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: LAKE ST. JOE’S COVE, PLANNING CASE 2013-18: REQUEST FOR PRELIMINARY PLAT REVIEW OF 4.04 ACRES OF PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) LOCATED EAST OF CHANHASSEN CITY LIMITS, AND SOUTH OF THE CIMMARON SUBDIVISION BETWEEN KINGS ROAD AND MILL CREEK LAND. APPLICANT: STS PROPERTY, LLC. OWNER: JERRY & KRISTIN KORTGARD. Generous: Thank you Chairman, commissioners. Planning Case 2013-18, Lake St. Joe’s Cove, STS Property, LLC is the applicant. It is a request for subdivision approval, or preliminary plat approval. It th meets tonight with the Planning Commission. It’s scheduled for City Council on September 9. Again the request is for preliminary plat approval for 8 lots, 1 outlot and public right-of-way for single family detached homes. Property is located on the western boundary of the city of Chanhassen with Victoria and just between Mill Creek and Kings Road. South of the Cimarron development and when that project came in, at that time we did a, ghost platted this property to see how the potential subdivision would work and this follows that closely so it was just an extension of the roads down and the utilities that were established in Kings Road are extended down as part of the project. Like I said, the project includes 8 single family lots and 1 outlot. There is a stormwater pond that was built as part of the Cimarron development. There is some expansion that will be done as part of this development to meet stormwater purposes. They will be platting the Mill Creek Lane and Kings Road right-of-way as part of the subdivision. I should note that before tonight’s meeting I did hand out 3 sheets to you. The first one, I changed the word subdivision to preliminary plat on pages 1 and 9 of the report as part of the recommendation. Then on page 2 of the Findings of Fact I changed the word subdivision to preliminary plat also so. However when this does go to City Council they are, will be requesting and preliminary and final plat approval because they have all the drawings are pretty well clean. As part of the street plan for this development it will be a public street meeting all the requirements of the city ordinance. It’s about, steepest point in this is 4.6% slope and our city code would allow up to 7% slope on a public street. On the northwest corner of Lot 4, Block 3 we are requesting that they provide an easement. Access easement for the property in Victoria. As you can see on this drawing there’s a driveway that comes out there. There is another property just to the north that access but that’s into the public street so we won’t need any private easements put in place. Utilities will be extended. The sewer will be extended to the west. It comes down Kings Road and so gravity will take it that way and as part of this they also will be looping the water system from Mill Creek Lane to Kings Road. Stormwater plan, they will be expanding the stormwater pond and then putting in any street improvements for conveying the storm water to that pond. The grading plan, they are mass grading the site in preparation for the development of the individual lots. As part of that they will be removing significant amount of trees. Erosion control plan is in place, or is designed. As part of their approval they need to come up with a SWPPP plan which is Surface Water Pollution Prevention. As part of the landscaping plan they did show that they’re removing most of the trees on this site as part of the subdivision process because of the location of the road and the house pads. It’s very, almost impossible to preserve anything and so they’re just going forward and doing the complete replacement there. However we should point out to the north that land will remain natural. It’s a wetland complex and so all that area will remain in place. Staff is recommending approval of the preliminary plat subject to conditions of the staff report and adoption of the Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Aller: Park is covered by the Roundhouse Park? Generous: Yes. They’ll be paying fees in lieu of land dedication. 4