CC Minutes 12-09-2013Chanhassen City Council – December 9, 2013
Councilman Laufenburger moved, Councilman McDonald seconded to approve the following
consent agenda items pursuant to the City Manager’s recommendations:
1. Approval of City Council Minutes dated November 25, 2013 and December 2, 2013.
2. Receive Planning Commission Minutes dated November 19, 2013.
3. Receive Park and Recreation Commission Minutes dated November 26, 2013.
Resolution #2013-61:
4. 2014 Street Reconstruction Projects: Accept Feasibility Report; Call
Public Hearings.
5. TH 101 Improvements: Approve Stipulation of Settlement for Parcel #4.
6. Approve Summary Ordinance 584 for Publication Purposes for Massage Business Licensing.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
CONSENT AGENDA: 7. 8821 SUNSET TRAIL: REQUEST FOR AN INTERIM USE PERMIT
TO GRADE PROPERTY FOR CONSTRUCTION OF A SINGLE FAMILY HOME ON
PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A2) AND LOCATED AT 8821
SUNSET TRAIL. APPLICANT: MARK UNDESTAD, PLANNING CASE 2013-25.
Mayor Furlong: Councilwoman Ernst, do you have questions on it or just some background?
Councilwoman Ernst: Yeah. As I was going through this, I mean one of the statements in here was that
if the City finds that all applicable standards are met, the permit must be approved. So can you define for
me Kate what those standards are? I mean I saw some recommendations in here but does everyone know
what those standards are and would it pertain the same to everyone?
Kate Aanenson: Yes it would. The conditions for the Interim Use Permit.
Mayor Furlong: Can you check, is your mic on?
Kate Aanenson: Yes it is.
Mayor Furlong: Thank you.
Kate Aanenson: So if you go to the staff report the conditions were regarding how they’re managing
storm water and revegetation. Managing the erosion. Re-establishment of seed, disruption of that. So
those conditions would apply to like minded, any grading permits so if they would come in, anyone else
would come in for a grading permit in a similar situation, the same conditions would apply.
Councilwoman Ernst: So I also saw in here where there was something, was it grading that was done in
2005? There was something else that was done in here just quickly. 2012, the City granted an earthwork
permit.
Kate Aanenson: Correct.
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Chanhassen City Council – December 9, 2013
Councilwoman Ernst: So is that, how does that compare to what’s being done?
Kate Aanenson: Well typically a grading permit goes with a single family home in general so it’s
anticipated when you pull a permit for a single family home that you, a grading permit’s established with
it but when it exceeds an amount that is normally associated with that. In this case they exceeded the
cubic yards so then it required an interim use permit because they required more than what standard with
a single family home permit.
Councilwoman Ernst: Okay.
Kate Aanenson: So then that’s what, typically when you do, put a single family home you don’t need to
get a grading permit. That’s just implied with the permit itself but when you use, when you do exceed the
amount, 1,000 cubic yards, then you would need to get an interim use permit so therefore this went
through that process. In reviewing the conditions then we look at, again as I stated, how we manage
where it was being trucked to or how it was being applied on the site. Erosion control. Stormwater
management and the like.
Councilwoman Ernst: So the stormwater management, I saw that they’re putting a stormwater pond.
Kate Aanenson: That’s correct.
Councilwoman Ernst: Is that potential or is that something that.
Kate Aanenson: These are the conditions of approval because the house will not be done until next spring
and so this is typical. Again it’s the same thing that’s happening on Powers Pointe. They’re out there
grading right now. There’s some things that can’t be established until next spring so there’s security put
in place and then we’ll go back out and do an as-built survey. That’s required of the applicant to show
that they’ve met those conditions so it will be inspected again before it can be released and it’s approved.
Councilwoman Ernst: Okay. And again this would pertain to any applicant that is applying for a permit
of a comparable situation?
Kate Aanenson: That’s correct.
Councilwoman Ernst: Okay. Thank you.
Mayor Furlong: Okay. Any other questions? Is there a motion to approve? Councilwoman Ernst?
Councilwoman Ernst: I make a motion, whoops. I’m on the Planning Commission. Was that the same
one?
Kate Aanenson: You can put the conditions on there, sorry.
Councilwoman Ernst: I’m sorry.
Mayor Furlong: Do you have a recommended motion?
Kate Aanenson: Yeah we have a motion on there.
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Chanhassen City Council – December 9, 2013
Councilwoman Ernst: I make a motion that City Council approves the Interim Use Permit to permit site
grading at 8821 Sunset Trail subject to the conditions of the staff report and adopts the Findings of Fact.
Mayor Furlong: Thank you. Is there a second?
Councilman McDonald: Second.
Mayor Furlong: Motion’s been made and seconded. Is there any discussion on the motion? Hearing
none we’ll proceed with the vote.
Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approves an
Interim Use Permit to grade property for construction of a single family home on property zoned
the following conditions and
Agricultural Estate (A2) and located at 8821 Sunset Trail subject to
adoption of the attached Findings of Fact and Recommendation:
1.The applicant must submit a revised grading plan which shows the contours from the land
survey conducted before construction started and showing the proposed contours.
2.The applicant’s engineer must submit an earthwork estimate based on the existing contours
from the land survey.
3.The ditch along the northern property line must be revised to prevent water pooling on the
adjacent property.
4.The applicant must coordinate with City staff to find an acceptable alternative secondary
septic site.
5.The grading plan must be modified so that slopes are not steeper than 3:1. The current plan
shows a steeper slope on the southern berm.
6.Non-paved surface grades shall not be less than 2% to promote proper drainage.
7.The grading plan must show contours or elevation points nearby structures to confirm that
water will drain away from existing and proposed structures.
8.A $1,500 escrow to guarantee restoration and erosion control measures will be required with
the permit.
9.The applicant must provide a proposed haul route for review and approval.
10.An as-built grading plan is needed at the completion of site grading to ensure compliance
with the approved grading plan.
11.The applicant must comply with any applicable local, state or federal permit requirements.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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