PC SUM 2004 01 20CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
JANUARY 20, 2004
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Uli Sacchet, Steve Lillehaug, Bruce Feik, Kurt Papke, and
Craig Claybaugh
MEMBERS ABSENT: Rich Slagle and Bethany Tjornhom
STAFF PRESENT: Kate Aanenson, Community Development Director; and Bob
Generous, Senior Planner
PUBLIC PRESENT FOR ALL ITEMS:
Janet & Jerry Paulsen
7305 Laredo Drive
AMENDMENTS TO CHAPTER 18 OF CITY CODE; SUBDIVISION.
Bob Generous reviewed the changes submitted by staff per Planning Commission and
City Council recommendations. Commissioner Papke had a question regarding the 105
foot width requirement and if it removes incentive to preserve trees in that 105 foot strip.
Commissioner Feik felt there should be some distinction in the ordinance regarding the
quality of trees. Kate Aanenson explained it is like assigning credit for a higher value
tree, similar to how they look at wetlands. It adds another layer of complexity to the
review process but staff could look at it. Commissioner Claybaugh provided an example
of a recent application where the developer did not specify the quality of trees being
removed. Commissioner Feik suggested giving the City Forester some discretion on
which trees are saved. Kate Aanenson proposed language such as the tree survey will be
evaluated based on function or value of the trees with the goal being trying to save the
higher value and attach findings. She also suggested when developments come before
the Planning Commission for review, adding some clarity by saying there'd be a priority
ranking on the subdivision. As part of the forester section in the report, to clarify if
additional trees can be saved and how. Chairman Sacchet asked for clarification on the
requirements for coniferous and deciduous trees and on the square footage requirement
for placement of the house pad. Commissioner Claybaugh suggested using signage
regarding tree preservation. The Commissioners discussed the amount of the fine and
recommend to City Council an amount of $300 per diameter inch. Commissioner Papke
questioned the wording in Sec. 18-78(c) regarding sidewalk connection and suggested
adding the verbiage, "existing and proposed trails". Commissioner Feik questioned the
verbiage in Section 5, shall being replaced by may. May leaves it up to the discretion of
the developer whereas shall, the developer has to ask for a favor to deviate from that
requirement. Kate Aanenson stated staff would get a legal opinion on that wording.
Commissioner Lillehaug suggested keeping items (a), (b) and (c) under Section 5
Planning Commission Summary - January 20, 2004
regarding sidewalks, that are struck out. If there are certain cases where the city wants to
deviate downward from not having a sidewalk, then that's when staff uses their judgment
or the review procedure process will delete a sidewalk. Chairman Sacchet suggested
adding verbiage which states sidewalks shall connect to existing or planned sidewalks.
Commissioner Lillehaug stated he disagreed with staff's recommendation of what they're
proposing to strike out under Section 18-37 regarding exemptions. Dividing platted lots
to add a portion of a lot to an abutting lot. There was discussion over the legality and
enforcement by the city of shifting lot lines and creating non-conforming lots. Chairman
Sacchet invited the Paulsen's to comment. Jerry Paulsen, 7305 Laredo Drive stated one
of their concerns was if there's an administrative subdivision and there's no need to go
through the Planning Commission, there's also no need to notify neighbors. That is one
of their concerns that the neighbors may not be aware of this property line change
occurring. Another concern was using Plymouth as a benchmark as Plymouth uses the
same city attorney as Chanhassen so it might be fair to go to other cities when doing
comparisons.
Feik moved, Claybaugh seconded that the Planning Commission recommend
approval of the ordinance amending Chapter 18 of the Chanhassen City Code as
presented and discussed. All voted in favor, except Lillehaug who opposed, and the
motion carried with a vote of 4 to 1.
Commissioner Lillehaug's reason for opposing the motion is that Section 18-37, the
justification to revise this is because it's confusing and redundant. He disagrees with that
statement. He does not think it's confusing and redundant but a necessary measure that
the city uses to enforce. In summary Chairman Sacchet stated the commission was in
agreement that the penalty of $100 for tree replacement was not enough and were
recommending $300, expanded language regarding sidewalks, and giving the forester
some discretion regarding determining the value of trees to be saved.
APPROVAL OF MINUTES: Commissioner Feik noted the summary and verbatim
minutes of the Planning Commission meeting dated January 6, 2004 as presented.
Chairman Sacchet adjourned the Planning Commission meeting at 8:05 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim