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PC SUM 2004 03 16CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MARCH 16, 2004 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Rich Slagle, Craig Claybaugh, Bruce Feik, and Steve Lillehaug MEMBERS ABSENT: Bethany Tjornhom and Kurt Papke STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen A1-Jaff, Senior Planner; Nate Bouvet, Planning Intern; and Matt Saam, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd Janet & Jerry Paulsen 7302 Laredo Drive 7305 Laredo Drive PUBLIC HEARING: REOUEST FOR A 7,068 SOUARE FOOT VARIANCE TO SECTION 20-615(1) AND A 3.6 PERCENT MAXIMUM LOT COVERAGE VARIANCE TO SECTION 20-615(4) OF THE CHANHASSEN CITY CODE FOR THE PURPOSE OF CONSTRUCTING A HOME AT 795 PONDEROSA DRIVE, ZONED RSF, PLANNING CASE #04-11. Public Present: Name Address Tom Koehnen Bruce & Sue Koehnen Mark Van Guilder Shelly T. MacGillivray Ginny Koehnen Brenda Bjorlin Randy & Ally Vogel Michael Kohane Chuck Worsfold Bruce Burrington Julie & Mark Quiner 6280 Audubon Circle 1830 Koehnen Circle West 805 Ponderosa Drive 805 Ponderosa Drive 7263 Pontiac Circle 824 Lone Eagle Drive 6890 Yuma Drive 6870 Yuma Drive 6900 Yuma Drive 6869 Yuma Drive 6889 Yuma Drive Nate Bouvet presented the staff report on this item. Commissioner Claybaugh had questions relating to impervious surface coverage, drainage, and driveway location. Commissioner Feik asked staff to explain the design of the lot which includes 5 parcels, Planning Commission Summary - March 16, 2004 the discrepancy regarding placement of the deck, and impervious surface coverage. Commissioner Lillehaug asked about similar sized lots within 500 feet. Commissioner Slagle had questions regarding the number of lot area variances granted in the Carver Beach area and the location of Cree Drive in relation to this site. Chairman Sacchet stated he wanted to discuss further the issues of impervious surface coverage and the size of home allowed to meet that requirement, and the location of the driveway as it relates to tree loss. He also wanted to get a better understanding of how the lots are made up of smaller parcels. The applicant, Tom Koehnen, 6280 Audubon Circle explained his project and why he wanted to build on this site. He addressed the issues of tree loss, driveway placement, size of building and size of lot. Commissioner Feik asked the applicant to address the concerns from neighbors regarding drainage and if he could shave off 268 square feet to meet the impervious surface requirement. Commissioner Slagle asked the applicant if the drawings he submitted were looked at by a professional engineer or architect. The applicant stated they were taken from the 1927 plat. Chairman Sacchet opened the public hearing. Michael Kohane, 6870 Yuma Drive stated he had written a letter addressing four issues, safety of the road with increased traffic, the 10 foot side yard setbacks being small, environmental issues with runoff into Lotus Lake, and the variance for the hard surface coverage. Ally Vogel, 6890 Yuma Drive, which is the lot directly south of this proposal, stated she also submitted a letter addressing her concerns. A couple items she wanted to highlight was drainage and their mailbox and fire hydrant being located on this lot. Staff confirmed that the mailboxes and fire hydrant would stay where they are. Chairman Sacchet closed the public hearing. Commissioner Lillehaug asked staff to explain the legal non-conforming lot status. After comments the following motion was made. Slagle moved, Lillehaug seconded that the Planning Commission approve Variance #04-11 for a lot area variance from the required 15,000 square feet for the construction of a single family residence on a 7,932 square foot lot zoned RSF as shown on plans dated 2/12/04, with the following conditions: 1. The applicant must submit a building permit before construction. 2. The single family residence must meet required setbacks. 3. Applicant meets the conditions of Ordinance No. 317 (Building Regulations). A tree removal plan that clearly shows all trees 6 inches and larger, and their designation as removed or saved. The lot may not be clear cut. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until all construction is completed. 6. The applicant shall plant two overstory, deciduous 2 1/2 inch diameter trees. 2 Planning Commission Summary - March 16, 2004 7. The material placed underneath the deck shall allow drainage to occur. The applicant will work with the city to inventory the trees and consider the best location for the driveway in terms of trees and safety. The applicant will work with the engineering staff to address drainage concerns on the site. All voted in favor and the motion carried unanimously with a vote of 5 to 0. RECONSIDERATION OF SUBDIVISION OF WALNUT GROVE 2ND ADDITION, JOHN KLINGELHUTZ, PLANNING CASE #04-10. Public Present: Name Address Susan Remaley John Klingelhutz Erik Johnson Elissa Ellefson 2198 Baneberry Way West 1560 Bluff Creek 350 E. Hwy 212, Chaska 2194 Baneberry Way West. Bob Generous presented the staff report on this item. Commissioner Claybaugh asked staff to explain why a PUD and density transfer can't be used in this case. Commissioner Slagle asked for a quick overview of what had improved since the last time the Planning Commission saw this application. Commissioner Feik asked staff if they had discussed the conditions with the applicant. Bob Generous stated he had not personally talked with the applicant but they had the staff report and hadn't called staff. Commissioner Lillehaug asked for clarification regarding sewer and water service and abandonment of the existing septic sewer system, and the width of the storm sewer easement running between Lots 2 and 3. Chairman Sacchet asked for clarification on the ownership of the outlot, the style of houses proposed for the lots, the proposed grading and slopes, and the width of the private drive. Commissioner Claybaugh asked about the condition requiring inspection of the private driveway, and clarification that in the future an adjacent property owner couldn't acquire the outlot and ask for a variance for density transfer. The applicant, John Klingelhutz, 1560 Bluff Creek addressed issues brought up by the commission regarding ownership of the outlot, stating he will give the outlot to the city. Chairman Sacchet opened the public hearing. Susan Remaley, 2198 Baneberry Way West thanked the commission, staff and the developer for the new plan. She asked staff to clarify where the turn around is located and grading in regards to runoff and drainage. Elissa Ellefson, 2194 Baneberry Way West expressed concern with the construction traffic. The applicant stated if it is possible to have construction access off of Galpin, they will do that. Chairman Sacchet closed the public hearing. After discussion the following motions were made. Planning Commission Summary - March 16, 2004 Lillehaug moved, Feik seconded that the Planning Commission recommends approval of the rezoning of the property from Agricultural Estate District, A2 to Single Family Residential District, RSF. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Lillehaug moved, Feik seconded that the Planning Commission recommends approval of the preliminary plat for Walnut Grove Second Addition with lot width variances and one (1) foot side yard setback variances and a variance for the use of a private street, according to the plans prepared by Otto Associates, date stamped Received February 12, 2004, subject to the following conditions: 1. At the time of final plat recording, the developer shall pay full park dedication fees for the three lots that are subject to park dedication fees. 2. Adjust the lot line(s) to assure that all lots meet or exceed the 15,000 square-foot minimum lot area. 3. Individual sewer and water services must be provided and for Lots 1 - 4 and indicated on the plans. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 5. The old individual sewage treatment site for the existing home must be removed in accordance with MPCA regulations if encountered during grading procedures. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer boxes. This is to insure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-01. 7. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. 8. Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 10. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of2:1 diameter inches. 4 Planning Commission Summary - March 16, 2004 11. Applicant shall submit landscape plans for city review and approval prior to final plat approval. A minimum of one overstory tree will be required in the front yard of each lot. 12. Buffer yard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 13. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 14. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 ft. on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City' s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 15. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 16. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 17. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 18. The proposed development shall maintain existing runoff rates. On-site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 19. A manhole with a two-foot sump shall be installed as the last road accessible structure prior to discharge into the storm water pond. 20. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 21. Drainage and utility easements shall be provided over all existing wetlands, wetland buffer areas and storm water infrastructure. 22. A drainage and utility easement shall be dedicated over the 9 feet either side of the property line between Lots 2 and 3 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement shall be dedicated Planning Commission Summary - March 16, 2004 over the areas in the western portions of Lots 3 and 4 that are currently not encumbered by drainage and utility easements since water discharged from the storm water pond will flow through this area as it moves toward the wetland. 23. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. 24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 25. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: 26. Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10:1 Stabilized within 7 days 14 days 21 days 27. These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man-made systems that discharge to a surface water. 28. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 29. Based on the proposed developed area of approximately 3.09 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $11,041. 30. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. 31. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 32. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. Planning Commission Summary - March 16, 2004 33. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 34. Tree preservation fencing must be installed at the limits of tree removal. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 35. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 36. Submit detailed construction plans and specifications for the public utility improvements before final platting. 37. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 38. Installation of the private utilities for the site will require permits and inspections through the City' s Building Department. 39. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 40. On the grading plan: a. Revise the side slopes along the east side of the private drive to be a maximum of 3:1 or install a retaining wall. b. Add Type III silt fence along the secondary bluff creek zone line on the south side and Type II silt fence along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. e. Add a bench mark. f. Show the storm sewer manhole rim and invert elevations. 41. On the utility plan: a. Show the proposed utility lines 10 feet inside the property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show all existing and proposed utility easements. e. Show the location of existing water and sanitary services to Lot 1. Planning Commission Summary - March 16, 2004 42. On the street and storm plan: a. Last storm manhole discharging to the pond must include a 3-foot sump. b. Show the proposed and existing street easements. 43. Add a legend to the plans. 44. The driveway easement must be 30 feet wide with 20 feet of hard-surface pavement and built to a 7-ton design. 45. Submit an inspection report certifying that the private street is built to a 7-ton design. Independent testing shall be done on Baneberry Way West to document the condition of the road in advance of construction and at the completion of construction to look at the same conditions and file a report with the rest of their test findings. 46. Elevation of lowest house opening must be three feet above high water level of the proposed pond. 47. A 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. 48. Structure setbacks shall comply with the following table: Lot 1 Lot 2 Lot 3 Lot 4 Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer 30, 30, 10, na, na 30, 30, 9, na, na 30, 30, 9, 40, 40 30, na, 9, 40, 40 No outlet sign posted at the intersection of Baneberry Way. 50. All parking related to the contractor and contractor's employees shall be accommodated within the parcel. 51. The applicant expressed his intent to have the city own Outlot A. 52. The applicant will work with city engineering to mitigate drainage or the need for a swale on the east side of the private road. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Lillehaug moved, Feik seconded that the Planning Commission recommends approval of the Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: Planning Commission Summary - March 16, 2004 1. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone." All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REOUEST FOR SUBDIVISION OF 2.1 ACRES INTO 3 SINGLE FAMILY LOTS WITH VARIANCES; LOTS 1 & 2 PLEASANT VIEW; 400 PLEASANT VIEW ROAD; KENYON BLUFF, CBR DEVELOPMENT, PLANNING CASE #04-03. Public Present: Name Address Jacie & Max Hurd Sandy Olson Maryevelyn Monty Larry Tivy Tom Rollings Don & Darlene Miller Mary Ann & Gary McCauley Nick Perkins Katrina Clemens 6695 Horseshoe Curve 6696 Horseshoe Curve 370 Pleasant View Road 370 Pleasant View Road 4550 Wesson Lane 395 Pleasant View Road 420 Pleasant View 339 Pleasant View Road 6691 Horseshoe Curve Sharmeen A1-Jaff presented the staff report on this item. Commissioner Lillehaug asked for clarification on curb and gutter requirement and the 10 percent grade of the driveway. Commissioners Slagle and Claybaugh asked staff about their concern with the location and grade of the access onto Pleasant View Road. Chairman Sacchet asked staff to clarify their concerns with the proposed grading in the rear yard areas of Lots 1 and 2, house pad placement and the use of retaining walls. The applicant, Tom Rollings, CBR Development, 4550 Weston Lane, Plymouth and Tom Goodrum with Schoell & Madsen addressed concerns brought up by the Planning Commission regarding grading and tree preservation, slope and drainage from the driveway, and the placement of the access onto Pleasant View Road. Chairman Sacchet opened the public hearing. Larry Tivy, 370 Pleasant View Road is the adjacent property owner to this site. He expressed concern with the vacancy of Oak Grove Street and the placement of the home on Lot 1 in relationship to his home. Gary McCauley, 420 Pleasant View Road stated he Planning Commission Summary - March 16, 2004 was Lots 3 and 4, so he was familiar with the steep driveways. His concern was erosion with the elimination of trees. Sandy Olson, 6696 Horseshoe Curve, which is located between the catch basin and the pond, was concerned with runoff and speeds on Pleasant View Road. Don Miller, 395 Pleasant View Road commented that when they built in 1992, the park commission took an easement for a proposed trail, which he thought he had been told by Mr. Hoffman has been abandoned and he could have that right-of-way back. He expressed concern with the traffic, speed and accidents that occur in his yard, the accuracy of the survey, and the size of the proposed houses. Maryevelyn Monty, 370 Pleasant View Road stated her concern about the size of the proposed homes. Jacie Hurd, 6695 Horseshoe Curve was concerned with the safety on Pleasant View Road and suggested installing a sidewalk, enforce the no parking and striping of Pleasant View Road. Mary Ann McCauley, 420 Pleasant View Road was tremendously dismayed over the thought of 3 houses being placed on this property and concern with the added traffic. Nick Perkins, 339 Pleasant View Road stated it's obvious there's concern with traffic but wanted to remind the commission that Horseshoe Lane and Horseshoe Curve also intersect at that point and the need for regulation. He was also concerned with drainage across his property. Debbie Lloyd, 7302 Laredo Drive after hearing the neighbors comments she cited Chapter 18, Subdivision, Section 40, unless waived by the city the plat should show the location of building and structures within 150 feet. Also Section 20, Zoning, 58 under variance. A variance may be granted if all the following criteria are met. Number 6 is that the proposed variance will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of the public street or increases the danger of fire or endanger the public, safety or substantially diminish or impair property values within the neighborhood. Janet Paulsen, 7305 Laredo Drive asked if condition number 4 stating that the granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and the comprehensive plan had been removed from the code. Katrina Clemens, 6691 Horseshoe Curve asked for clarification regarding the use of a private drive to increase the size of a house that can be placed on the property. Chairman Sacchet closed the public hearing and brought the issue back to the Planning Commission for additional discussion and comments. Feik moved, Claybaugh seconded that the Planning Commission recommends approval of the preliminary plat for Planning Case 04-03 for Kenyon Bluff for 3 lots and a variance to allow a private street as shown on the plans received February 26, 2004, subject to the following conditions: Environmental Resources Specialist Conditions: a. Applicant shall submit landscape plan showing the 16 trees required to be planted. Trees shall meet minimum size requirements. b. Minimum bufferyard planting requirements for Lot 3 includes 2 overstory trees, 4 understory trees and 9 shrubs. c. Tree preservation fence shall be installed prior to grading at the perimeter of the grading limits. 10 Planning Commission Summary - March 16, 2004 10. 11. 12. 13. d. Any trees not shown for removal that are lost due to construction activities will be replaced at a rate of2:1 diameter inches. The applicant shall pay park fees in lieu of land dedication or trail construction on two of the three lots. One lot is exempt from these charges due to the existing single-family home on the property. The park fee on two single family homes totals $5,600 and is payable at the time of platting. Submit a 30-foot wide private cross-access easement against all three lots at time of final plat recording. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, MN Department of Health, MCES, and Watershed District. The storm sewer must be designed for a 1 O-year, 24-hour storm event. Submit storm sewer sizing calculations and drainage map for staff review and approval at time of final plat. The applicant should be aware that any retaining wall more than 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota. Also, it will require a building permit through the City's Building Department. Tree preservation fencing must be installed at the limits of tree removal. Show all of the existing and proposed utility easements on the utility plan. On the grading plan: a. Show all existing and proposed easements. b. Show the benchmark used for the site survey. c. Show a minimum 75-foot rock construction entrance. d. Extend the silt fence along the south and southwesterly sides. Add a. b. to the plans the following notes: Any connection to existing manholes or catch basins must be core drilled. All sanitary services must be 6" PVC-SDR26 and water services 1" copper. On Lot 1, the house pad must be raised one foot in elevation to better facilitate drainage away from the house. On Lot 2, 10:1 slope must be used for the first 15 feet off the rear house pad along with a 4-foot retaining wall. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic 11 Planning Commission Summary - March 16, 2004 14. 15. 16. 17. 18. control plan. The sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water-main. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications must be submitted at time of final plat for review. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, and Watershed District. The private street must be built to a 7-ton design. The developer will be required to submit inspection reports certifying this. The existing driveway to the site off of Pleasant View Road must be removed. Water Resource Coordinator Conditions: a. Inlet control shall be provided following installation of inlet structures. b. Silt fence shall be provided as needed to prevent sediment from leaving the site. c. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. d. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10:1 Stabilized within 7 days 14 days 21 days These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. e. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. f. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $6,860. 12 Planning Commission Summary - March 16, 2004 19. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. Fire Marshal Conditions: a. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. b. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. c. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 20. Building Official Conditions: a. Demolition permits must be obtained before demolishing any existing structures. b. A building permit must be obtained to construct any retaining walls over 4 feet tall. c. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 21. Approval of the subdivision is contingent upon the City Council approving the vacation of the right-of-way. 22. Access to all three lots shall be limited to the Private Street. Direct access is prohibited off of Pleasant View Road." All voted in favor and the motion carried unanimously with a vote of 5 to 0. In summary Commissioner Feik added that the variance being requested is done so at the request of the city. Chairman Sacchet stated the main concerns by the Planning Commission were the proximity of the house on Lot 1 to the neighbor to the north, drainage and steepness of the driveway, safety on Pleasant View Road in terms of speed, no parking signage, no sidewalk, and tree preservation. PUBLIC HEARING: REVIEW PROPOSED CHANGES TO CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE. THESE CHANGES AFFECT ARTICLES I THROUGH XXXI OF THE CHAPTER AND ARE INTENDED TO UPDATE AND CONSOLIDATE THE ENTIRE ZONING ORDINANCE. 13 Planning Commission Summary - March 16, 2004 Bob Generous reviewed changes made from the previous discussion regarding Section 20-73, non conforming lots of record. Commissioner Claybaugh suggested making applicants aware of what is considered reasonable use and house size on non-conforming lots. Bob Generous continued with his review of requirements for 60 by 60 house pad or square footage, wetlands, and shoreland management. The public hearing will be continued. Chairman Sacchet adjourned the meeting at 10:30 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 14