CC Summary Minutes 3-8-04
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City Council Summary· lv1arch 8, 2004
enforceable. Mayor Furlong stated he would prefer the city act as facilitator to get the
parties to work together themselves rather than trying to do something through the
ordinance. Neal Blanchett with Larkin Hoffman Law Firm, 7900 Xerxes A venue South
spoke on behalf of Paws, Claws & Hooves. He stated they support staff's
recommendation to approve the permit and would be willing to work with city staff in
revising the ordinance. Councilman Ayotte asked Neal Blanchett to explain how Paws,
Claws & Hooves deals with noise issues. Todd Gerhardt asked the applicant to consider
keeping the dogs inside permanently. Councilman Labatt suggested that Paws, Claws &
Hooves provide a 24 hour contact via phone or pager to the city. Mayor Furlong stated
that since he had skipped over visitor presentations, he invited any interested parties to
speak at this point. Susan Rech, 1000 Hesse Farm Road stated she was one of the
neighbors who have written letters complaining about the noise. She was also
representing the Force's and the Ladd's who were unable to be at the meeting. They all
live on Hesse Farm and have been dealing with this problem for a number of years with
the incessant barking of these dogs. She cited numerous conditions of the conditional use
permit which are not being followed, and written complaints filed with the City of
Chanhassen. Councilman Labatt suggested the neighbors use a video camera to record
the time and date and record the barking dogs. Debbie Lloyd, 7302 Laredo Drive
suggested that because of the topography, an officer might observe a barking dog and not
hear it outside the fence as much as the neighbor up on the bluff. After discussion
regarding the legalities involved with tabling or approving the permit and the time frame
when a new ordinance can be brought in front of the council, the following motion was
made.
Councilman Lundquist moved, Councilman Labatt seconded to approve the
commercial kennel permit for Paws, Claws & Hooves at 10500 Great Plains
Boulevard. All voted in favor, except Councilman Ayotte who opposed, and the
motion carried with a vote of 4 to 1.
REQUEST FOR A LOT COVERAGE AND FRONT, SIDE, AND LAKESHORE
VARIANCE, 3637 SOUTH CEDAR DRIVE, TOM & JACKIE JOHNSON.
Kate Aanenson provided background information and action taken at the Planning
Commission meeting. Council members asked for clarification on the drawing of what
was existing and what was proposed. Dan Anderson spoke on behalf of Tom and Jackie
Johnson at 3637 South Cedar Drive. Tom Johnson clarified the location of the 75 foot
setback in relation to the deck design. The council asked staff for suggestions to amend
the motion to approve the variances for shoreland setback and impervious surface
coverage with conditions. Tom Johnson asked for clarification on what was being
discussed by staff and council.
Councilman Peterson moved, Councilman Lundquist seconded that the City
Council approve variances for a 19.3 foot front yard setback, a lakeshore setback to
allow 4 feet to connect the two decks, and variance from the impervious surface for
the expansion of the house at 3637 South Cedar Drive based on the findings of fact
in the staff report and subject to the following conditions:
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City Council Summary - lv1arch 8, 2004
1. The impervious surface shall be reduced to less than the current 40 percent
impervious surface. The driveway shall be removed and re-vegetated as shown
on the attached "Impervious Surface Reduction" schematic to achieve a reduction
in the impervious surface.
2. Tree protection fencing must be installed prior to any work commencing around
all trees near the construction limits. Fencing shall remain in place until all
construction is completed.
3. The applicant shall work with staff to provide a vegetative buffer between the
principal structure and Lake Minnewashta.
4. Permits must be obtained before beginning construction, alterations and
demolition.
5. The tower and other elements of the project which are beyond the scope of
Chapter 9 of the Minnesota State Building Code must be designed by a licensed
engIneer.
All voted in favor and the motion carried unanimously with a vote of 5 to O.
REQUEST FOR A COMPREHENSIVE LAND USE AMENDMENT FROM
OFFICE-INDUSTRIAL ONLY TO OFFICE-INDUSTRIAL AND OFFICE-
INSTITUTIONAL~ LOCATED EAST OF GALPIN BOULEY ARD AND NORTH
OF LYMAN BOULEY ARD~ SCHOOL DISTRICT 112.
Kate Aanenson presented the staff report and update from the Planning Commission.
Councilman Peterson asked staff to explain how they are planning to compensate for the
loss of this industrial office property. Bev Stofferahn who lives at 8123 Marsh Drive and
is Superintendent of School District 112 spoke on behalf of the school board asking for
the council's approval. Councilman Lundquist stated he will be working and watching
staff to locate industrial zoning elsewhere in the city and the 2005 MUSA area.
Resolution #2004-11: Councilman Peterson moved, Councilman Labatt seconded
that the City Council approve the Land Use Amendment to OfficelIndustrial and
Office/Institutional subject to the attached findings of fact and conditioned upon
approval of the Amendment from the Metropolitan Council. All voted in favor and
the motion carried unanimously with a vote of 5 to O.
APPOINTMENT OF COMMISSION MEMBERS.
Mayor Furlong requested that this item be added to appoint members to the Southwest
Metro Transit Commission and Planning Commission.
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