PC SUM 2004 12 07
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 7, 2004
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Uli Sacchet, Craig Claybaugh, Dan Keefe, Rich Slagle, Kurt Papke,
Bethany Tjornhom, and Steve Lillehaug
STAFF PRESENT:
Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and
Matt Saam, Assistant City Engineer
PUBLIC PRESENT FOR ALL ITEMS:
Janet & Jerry Paulsen 7302 Laredo Drive
Chairman Sacchet outlined the rules of procedure for the Planning Commission meeting.
PUBLIC HEARING:
REQUEST FOR REZONING FROM RURAL RESIDENTIAL (RR) TO SINGLE
FAMILY RESIDENTIAL (RSF) AND PRELIMINARY PLAT APPROVAL FOR A 43
LOT SUBDIVISION WITH VARIANCES FOR PRIVATE STREETS LOCATED ON
LOTS 1 AND 2, OLD SLOCUM TREE FARM (6620 & 6640 GALPIN BOULEVARD),
PINEHURST, PLOWSHARES DEVELOPMENT, LLC, PLANNING CASE NO. 04-36.
Public Present:
Name Address
Nathan Franzen Plowshares Development
Chris Merrill Westwood Professional Services
Darrin Labara Westwood Professional Services
Alan Nikolai 6282 Cartway Lane, Excelsior
Doris Nikolai 6570 Galpin Boulevard
Lester Coyer 6719 Brenden Court
Tom Kuhn 6693 Brenden Court
Larry Marty 2117 Lake Lucy Road
Richard Herrboldt 6464 Murray Hill Road
Charlie Hicks 1941 Crestview Circle
Steve Buresh 6651 Galpin Boulevard
John Moberg 6738 Manchester Drive
Troy Bader & Gina Sauer 2244 Lake Lucy Road
Kim Goers 6673 Brenden Court
Paul Tungseth 2051 Crestview Drive
Lori Abblett 2081 Crestview Drive
Planning Commission Summary – December 7, 2004
Beverly Jackson 2110 Crestview Drive
Michael Stachowski 2050 Crestview Drive
Jianping Mei & Ruopei Cao 2135 Lake Lucy Road
Allen Taylor 2340 Lake Lucy Road
Bob Generous presented the staff report on this item. Commissioner Claybaugh asked staff to
comment on the number of private streets being requested, monitoring the construction of private
streets, lot frontage, and the elevation of private drive D. Commissioner Slagle asked for
clarification on the location of the street connecting to the north, the amount of grading on the
site and drainage from the site. Commissioner Tjornhom asked staff to clarify their
recommendation to delete the island in the cul-de-sac because of maintenance reasons.
Commissioner Papke asked for further clarification on the island cul-de-sac. Commissioner
Lillehaug asked staff to explain other options for re-routing of the sanitary sewer. Chairman
Sacchet asked for clarification on the ownership of the outlot, the status of the development to
the north, retaining walls, the recommendation to lower the private street elevations, eliminate
Lot 27, directional boring to install water mains, the stub street, impact of the additional 10 feet
of right-of-way along Galpin Boulevard, and tree preservation. Commissioner Slagle asked staff
to comment on the usability of back yards. Commissioner Claybaugh asked to clarify their
recommendation to redirect the sanitary sewer line on the western end of the property to
Manchester Drive. Chairman Sacchet asked about the impact of revising Lots 14 and 15, Block
1 and Lot 3, Block 2 to accommodate back yards on the overall plan. Commissioner Lillehaug
asked staff to clarify condition 3(c) regarding the building pad on Lot 9, Block 1 shall be revised
to reflect the wetland setback requirements. Commissioner Keefe asked about construction
access to the site.
Nathan Franzen with Plowshares Development at 1851 Lake Drive West in Chanhassen provided
background information on their company and development within the city. On behalf of the
applicant he discussed the 3 conditions which staff and the applicant have not come to consensus
on. Darrin Labara with Westwood Professional Services addressed the issue of Street C, the cul-
de-sac with the island and brought examples of these island cul-de-sacs in other cities. Chris
Morrill, Project Engineer addressed the concerns with lowering the site on the west end of the
project, the sanitary sewer and the condition asking that Lot 27 be eliminated. Commissioner
Keefe asked the applicant to further elaborate on the grading and elevation of the site.
Commissioner Claybaugh asked the applicant to briefly discuss the priority of touch down
points. Commissioner Slagle asked the applicant to discuss if they had considered Lot 27 as a
neighborhood park site, where the nearest park area is located and a possible connection between
this neighborhood and the Minnetonka Middle School West site. Commissioner Lillehaug asked
for clarification if the vertical curves are designed for a 30 miles an hour street and if there are
any safety issues with the shortness of the vertical curves. Chairman Sacchet asked the applicant
to comment on the requirements related to fill and tree preservation. He then opened the public
hearing.
Jianping Mei, 2135 Lake Lucy Road had concerns with drainage impacting houses on Lake
Lucy. Beverly Jackson from the Crestview Drive neighborhood expressed concern over the road
connection into Crestview Drive because of the number of drivers it would put on their street, the
timing and loss of trees due to the future connection. Paul Tungseth, 2051 Crestview Drive
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Planning Commission Summary – December 7, 2004
stated that the entire neighborhood has asked that they not be connected because they do not see
any safety concerns. They respectfully decline the invitation to participate in the new
neighborhood. He also had concerns with the trees being tagged off the subject site. Steve
Buresh, 6651 Galpin Boulevard feels the amount of traffic on Galpin is devaluating his property
and is concerned with additional traffic from this development. He was also concerned with the
access to this development being across from his property. Gina Sauer, 2244 Lake Lucy Road
asked what criteria you base a decision when you go below your own set guidelines, specifically
with respect to the trees that are being lost. 12 out of 18 acres was originally set and under what
criteria the city decided to allow the developer to go considerably below that, in this case to 7
acres of tree canopy. She also asked staff to explain how the city is going to assure preservation
of the ravine on the western edge of the property. Mike Stachowski, 2050 Crestview Drive
stated there are lots of long cul-de-sacs in the city and felt connecting onto Crestview Drive was
more a convenience for the new development than a safety concern. Lori Abblett, 2081
Crestview Drive was concerned with tree loss between her property and the Shivley Addition,
specifically trees that were tagged on her property. Ann Taylor, 2340 Lake Lucy Road asked
about drainage into Brenden Pond. Alan Nikolai, 6282 Cartway Lane, Chanhassen, speaking for
his mother Doris Nikolai who lives at 6570 Galpin, which is the northeast corner of this
development. He asked for clarification on the location of the retaining wall on the northeast
property line and it’s impact to the pine trees in that location. How a turn lane can be added
without impacting the row of arborvitae trees. He suggested a conservation easement to protect
the arborvitae and Norway pines and using Lot 27 as a totlot park area. He also does not see a
need for the road to be extended into Crestview Drive. He stated his mother, Doris Nikolai is
very much opposed to adding additional traffic on that road for safety considerations. Larry
Marty, 2117 Lake Lucy Road, a member of the Woodridge Heights Association and representing
that neighborhood expressed concerns with drainage, tree loss, adding additional trees as buffer
along their property line, and access onto Manchester that’s going to create additional traffic.
Ruopei Cao, 2135 Lake Lucy Road had concerns with the placement of the new houses and
invading their privacy, lot size and impact on the environment. Troy Bader, 2244 Lake Lucy
Road had concern with the construction process and keeping the ravine area clear of construction
debris and erosion control measures. Charlie Hicks, 1941 Crestview Circle supported the people
who have talked about preserving Crestview Drive as a cul-de-sac, and concerns with speed and
traffic on Galpin. Kim Goers, 6709 Brenden Court who also owns the property at 6673 Brenden
Court had concerns with what is going to happen to the road adjacent to 6673 Brenden Court.
Chairman Sacchet closed the public hearing. After commission discussion the following motion
was made.
Lillehaug moved, Claybaugh seconded that the Planning Commission recommends approval
of the Rezoning of the 27.62 acres located within the Pinehurst subdivision from Rural
Residential (RR) to Single-Family Residential (RSF) based on consistency with the City of
Chanhassen Comprehensive Plan and compatibility with surrounding development.
And,
Lillehaug moved, Claybaugh seconded that the Planning Commission recommend approval
of the preliminary plat for Pinehurst Addition with a variance for the use of private streets,
plans prepared by Westwood Professional Services, Inc., dated 9/17/04, revised 9/22/04 and
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Planning Commission Summary – December 7, 2004
11/05/04, based on the findings of fact attached to this report and subject to the following
conditions:
1.Setbacks shall be a minimum of 20 feet from the back of the private street.
2.Outlots A and B shall be dedicated to the city.
3.Water Resources Coordinator Conditions:
a.Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands
on-site.
b.All structures shall maintain a 40-foot setback from wetland buffer edges.
c.The building pad on Lot 9, Block 1 shall be revised to reflect the wetland setback
requirements.
d.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.
e.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Time
(maximum time an area can remain unvegetated
Type of Slope
when area is not actively being worked)
Steeper than 3:1 7 Days
10:1 to 3:1 14 Days
Flatter than 10:1 21 Days
These areas include constructed storm water management pond side slopes, 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 man
made systems that discharge to a surface water.
f.Daily scraping and sweeping of public streets shall be completed any time construction
site soil, mud, silt or rock is tracked or washed onto paved surface or street that would
allow tracked materials or residuals of that material to enter the storm water conveyance
system.
g.Construction site access points shall be minimized to controlled access points with rock
entrance and exit pads installed and maintained throughout construction.
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Planning Commission Summary – December 7, 2004
h.Based on the proposed developed area of 23.36 acres, the estimated total SWMP fee, due
payable to the City at the time of final plat recording is $83,465.
i.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 (NPDES Phase II Construction Permit), Minnesota Department of Natural
Resources (for dewatering)) and comply with their conditions of approval.
4.Natural Resources Coordinator Conditions:
a.A minimum of two overstory trees shall be required in the front yard of each lot.
b.The developer shall be responsible for installing all landscape materials proposed in rear
and side yard areas.
c.Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction.
d.Tree preservation on site shall be according to tree preservation plans dated 09/17/04.
Any trees removed in excess of proposed tree preservation plans will be replaced at a
The applicant will work with staff to make every effort
ratio of 2:1 diameter inches.
possible to preserve trees beyond what’s in the tree preservation plan.
e. Work with City Forester to ensure that the evergreen hedge in the proximity of the
retaining wall survive.
f. The applicant will replace the arborvitae hedge along Galpin Boulevard if it is lost
due to installation of the right turn lane.
5.Engineer’s Conditions:
a.The applicant will be required to meet the existing site runoff rates for 10-year and 100-
year, 24-hour storm events. The proposed ponds must be designed to National Urban
Runoff Program (NURP) standards. In addition, the proposed ponding must be sized to
accommodate the drainage generated from the property to the north, as shown in the
City's Surface Water Management Plan (SWMP).
b.The storm sewer must be designed for a 10-year, 24-hour storm event. Submit storm
sewer sizing calcs and drainage map prior to final plat for staff review and approval.
c.Drainage and utility easements must 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.
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Planning Commission Summary – December 7, 2004
d.Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to
the existing wetland, existing creek area, and around the proposed pond. In addition, tree
preservation fencing must be installed at the limits of tree removal. Erosion control
blankets are recommended for all of the steep 3:1 slopes with an elevation change of
eight feet or more.
e.All plans must be signed by a registered Civil Engineer in the State of Minnesota.
f.On the utility plan:
1.Show all existing and proposed utility and pond easements.
2.Maintain 10-foot horizontal separation between all sanitary/water/storm sewer mains.
3.Increase the watermain pipe size in Street D to 8-inches in diameter.
4.Add a storm sewer line between Lots 7 and 8, Block 1 with a catch basin at the north
property line for future connection by the property to the north.
5.Extend sanitary manhole #12 to the north property line with an invert elevation of
1049.0.
g.On the grading plan:
1.Show all existing and proposed easements.
2.Show the benchmark used for the site survey.
3.Maximum allowable side slope is 3:1; revise in the rearyard of Lots 14 and 15, Block
1 and the rearyard of Lot 3, Block 2.
4.Show the location and elevation of all emergency overflows; the elevation must be
1.5' lower than any adjacent house pad elevations.
5.Show the retaining wall top and bottom elevations.
6.Use storm sewer class 5 in roadway; revise note under general grading and drainage
notes accordingly.
h.Any retaining wall over four feet in height must be designed by a registered civil
engineer and a permit from the city building department must be obtained. In addition,
encroachment agreements will be required for any retaining wall within a public
easement.
i.The sanitary sewer and water hookup charges along with the Lake Ann Interceptor
charge will be applicable for each of the new lots. The 2004 trunk hookup charge is
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Planning Commission Summary – December 7, 2004
$1,458.00 per unit for sanitary sewer and $2,814.00 per unit for watermain. The total
2004 Lake Ann Interceptor charge is $2,102 per unit and the SAC fee is $1,425.00 per
unit. All of these charges are based on the number of SAC units assigned by the
Metropolitan Council. Sanitary sewer and water-main hookup fees may be specially
assessed against the parcel at the time of building permit issuance.
j.All disturbed areas, as a result of construction, must be seeded and mulched or sodded
immediately after grading to minimize erosion.
k.The applicant should be aware that any off-site grading will require an easement from the
appropriate property owner.
l.If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with detailed haul routes.
m.Due to the depth of the proposed sanitary sewer from MH-20 to MH-17, the required
easement width will be increased to 50 feet.
n.All of the utility improvements are required to be constructed in accordance with the
City’s latest edition of Standard Specifications and Detail Plates. 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.
standard
o.A cul-de-sac turnaround for emergency vehicles will be required at the north
end of Street B.
p.Eliminate Lot 27 and shift the proposed pond to the north to eliminate some of the
retaining wall.
The applicant shall work with staff to further investigate the feasibility of a sewer
q.
connection before action is taken to
delete the western sanitary sewer line; all sanitary
sewer must drain to Manchester Drive.
28 foot width
r.Revise Street C to be a standard .
s.Lower the western end of the site in the area of the two private drives.
t.This development is required to provide enough additional platted right-of-way which
results in 50 feet of right-of-way on the western side of the Galpin Boulevard centerline.
u.A right-turn lane into the site off of Galpin Boulevard will be required to be constructed.
The turn-lane must meet Carver County design requirements.
6. Geotechnical testing report and recommendation will be required and needs to be
provided to the city.
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Planning Commission Summary – December 7, 2004
7. A 30 foot wide private easement, cross access and maintenance agreement must also
be submitted for the private street.
8. The applicant will work with staff to incorporate a totlot or similar playground
facility within this development which will help preserve trees.
9. Provide an access trail from this neighborhood to Minnetonka Middle School West.
All voted in favor except Papke who opposed and the motion carried with a vote of 6 to 1.
Before taking a brief recess the commission discussed the meeting curfew of 10:30 p.m.
Claybaugh moved, Papke seconded that the Planning Commission enforce the 10:30 p.m.
curfew as published. All voted in favor except Slagle and Sacchet who opposed and the
motion carried with a vote of 5 to 2.
The Planning Commission took a short recess at this point in the meeting.
Commissioner Papke’s reasoning for voting in opposition to the motion is that he feels the
Plowshares development should be looked at in conjunction with the Shivley development to
look at the issue of the road connection to Crestview Drive.
PUBLIC HEARING:
REQUEST FOR PRELIMINARY PLAT AND SITE PLAN APPROVAL WITH
VARIANCES FOR A 4,080 SQUARE FOOT ONE-STORY WAREHOUSE BUILDING
LOCATED AT THE NORTHWEST CORNER OF AUDUBON ROAD AND COULTER
BOULEVARD ON 2.4 ACRES OF LAND ZONED INDUSTRIAL OFFICE PARK, IOPM,
PAISLEY PARK STUDIO STORAGE, RON SCOFIELD. PLANNING CASE NO. 04-41.
Public Present:
Name Address
Robert Scofield 7041 Chaparral Lane
Bruce Bissonette 17815 Hutchins Drive, Minnetonka
Bob Generous presented the staff report on this item. Commissioner Papke asked for
clarification on the access onto McGlynn Road versus Coulter Boulevard. Commissioner
Tjornhom commented on the colors of the building. Commissioner Lillehaug asked for
clarification to staff’s statement that the parking setback may be reduced to 10 feet if 100 percent
screening provided to adjacent parking lot, if there was adequate screening and berming along
the roadways, parking lot configuration, and building materials. Commissioner Slagle asked
about shrubs and space between the parking lot and the daycare to the north, and possible
sidewalk connection to Audubon. Commissioner Keefe asked about the possibility of a
crosswalk on Audubon over to Paisley Park, and parking lot lighting. Chairman Sacchet asked
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Planning Commission Summary – December 7, 2004
for clarification on the request for an additional canopy and grading. Ron Scofield representing
Paisley Park Studios stated they would abide by staff’s recommendations. Commissioner
Lillehaug asked the applicant to clarify the parking lot layout. Bruce Bissonette with Truman
Howell Architects addressed design questions. Commissioner Claybaugh asked about the
parking lot lighting. Chairman Sacchet asked the applicant to comment on the request by
Commissioner Slagle for a sidewalk to the east. Ron Scofield stated because of the steep grade,
they’d prefer not to make the connection. After discussion the following motions were made.
Tjornhom moved, Lillehaug seconded that the Planning Commission recommends
rd
Preliminary Plat approval for McGlynn Park 3 Addition creating one lot and one outlot,
plans prepared by Ryan Engineering, dated 10/15/04, subject to the following conditions:
1.Full park fees shall be collected at the rate in force at the time of final plat approval.
2.Based on the proposed developed area of approximately 2.4 acres, the water quality fees
associated with this project are $14,292; the water quantity fees are approximately $13,450.
At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $27,742.
3.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
(NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for
dewatering) and comply with their conditions of approval.
4.A revised landscape plan showing the required number of plantings shall be submitted to the
city prior to final plat approval.
5.Prior to final plat approval, a professional civil engineer registered in the State of Minnesota
must sign all plans.
6.A 40-foot cross-access easement for the shared driveway access must be obtained and
recorded against the lots and the driveway must be built to a 9-ton design.
7.Sanitary sewer and water hookup charges will be applicable for the new lot. The 2004 trunk
hook up charge is $1,458 per unit for sanitary sewer and $2,814 per unit for water. Each of
these charges is based on the number of SAC units assigned by the Met Council for the new
lots. Sanitary sewer and water hookup fees may be specially assessed against the parcel at
the time of building permit issuance.
8.The applicant will be required to submit storm sewer sizing design data for a 10-year, 24-
hour storm event with a drainage area map at the time of final plat.
9.This development is required to provide ten additional feet of platted right-of-way along
Coulter Boulevard.
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Planning Commission Summary – December 7, 2004
10.The existing 30-foot curb radius along the north side of Coulter Boulevard must be removed
and replaced with a 45-foot curb radius.”
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
Slagle moved, Tjornhom seconded that the Planning Commission recommends Site Plan
approval of Planning Case # 04-41 for a 4,080 square-foot, one-story warehouse building,
plans prepared by Ryan Engineering, dated 10/15/04, subject to the following conditions:
1.The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
nd
2.Outlot A, McGlynn Park 2 Addition must be final platted in to a Lot and Block
configuration prior to issuance of a building permit.
3.A sidewalk shall be extended from the parking lot north to McGlynn Drive. A pedestrian
ramp shall be provided at the parking lot curb.
4.A canopy shall be provided over the door on the western elevation of the building.
5.Additional foundation plantings shall be provided for the southerly 37 feet of the eastern
building elevation. In addition, landscaping shall be provided on the west side of the
building north of the overhead doors between the parking lot and the building.
6.Wall mounted lighting must be shielded from off-site views.
7.The metal halide lighting shall be replaced with high pressure sodium lights.
8.Natural Resources Coordinator Conditions:
a)Applicant is required to plant 21 overstory trees in the parking lot area.
b)Applicant is required to meet minimum bufferyard landscaping requirements along the
north property line, Audubon Road and Coulter Boulevard.
c)A revised landscape plan showing the required number of plantings shall be submitted to
the city prior to final plat approval.
9.Building Official’s Conditions:
a)The building must be protected with an automatic fire sprinkler system.
b)The building plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
c)Six accessible parking spaces must be provided as near as possible to the building main
entrance.
d)The water service must be brought up into the building directly inside the exterior wall.
e)The plans were reviewed for general building code compliance only. Complete plans
must be provided before a detailed plan review can be done.
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Planning Commission Summary – December 7, 2004
f)The developer shall meet with the Inspections Division as soon as possible to discuss
plan review and permit procedures.
10.Fire Marshal’s Conditions:
a)A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure
fire hydrants can be quickly located and safely operated by fire fighters. Pursuant to
Chanhassen City Ordinance #9-1.
b)Builder must comply with The Chanhassen Fire Department/Fire Prevention Division
Policy #29-1992 regarding premise identification. If structures are not visible from
street, additional numbers will be required at driveway entrance. Size of numbers and
location must be approved by Chanhassen Fire Marshal.
c)The proposed hydrant shown on plan must be relocated 100 feet north to the parking lot
island.
11.Engineer’s Conditions:
a)A 40-foot cross-access easement for the shared driveway access must be obtained and
recorded against the lots and the driveway must be built to a 9-ton design.
b)The applicant should be aware that any off-site grading will require an easement from the
appropriate property owner. In addition, if importing or exporting of grading material
will occur to/from the site, a detailed haul route must be provided for staff review.
c)Add City Detail Plate Nos. 1002, 1004, 1006, 3101, 3102, 5201, 5203, 5207, 5300
and5301.
d)On all plans:
1.Revise the drive way aisle width to 26-foot minimum.
2.Include a north arrow and bar scale.
3.Provide a plat name.
4.Show the location of proposed handicap parking stalls.
5.Show the location of the vacated right-of-way for McGlynn Road.
e)On the site and utility plan:
1.Add note “Any connection to existing manholes must be core drilled.”
2.Show the sanitary service pipe class as SDR26.
3.Show the water-main pipe type and class.
4.Show the proposed and existing storm sewer pipe size, type, class and slope.
5.Show the existing and proposed manhole rim and invert elevations.
6.Show the dimension of the curb radii for the access drive at McGlynn Road.
f)On the grading plan:
1.Add Type I silt fence around the grading limits.
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Planning Commission Summary – December 7, 2004
2.Show the benchmark used for the site survey.
3.Show a 75-foot minimum rock construction entrance.
4.Correct the proposed elevation contours off the northeast corner of the parking lot.
5.Label the FFE of the proposed building as 979.6, not 879.6.
6.Revise all slopes to maintain a 3:1 maximum.
7.Show the location of the existing boulevard trees along Audubon Road and Coulter
Boulevard.
g)Any retaining wall over 4-foot in height must be designed by a registered structural
engineer in the State of Minnesota and require a building permit from the City of
Chanhassen Building Department.
h)A concrete driveway apron and pedestrian ramps will be required at the access location.
12. Add a landscape buffer between the parking lot and daycare center.
13. Revise the parking lot plan to better accommodate the cars around the medians.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
REQUEST FOR AFTER THE FACT VARIANCE FOR ENCROACHMENT INTO
LAKESHORE SETBACK LOCATED AT 6900 MINNEWASHTA PARKWAY,
RICHARD & JUDY BERLAND, PLANNING CASE 04-42.
Public Present:
Name Address
Rich & Judy Berland 6900 Minnewashta Parkway
Garry Jones 6738 County Road 72
Sharon Morgan 3920 White Oak Lane
Dave Headla 6870 Minnewashta Parkway
Chris Knox
Sharmeen Al-Jaff presented the staff report on this item. Commissioner Claybaugh asked staff
to explain the process when a resident calls in about permit requirements. Commissioner Slagle
asked staff how they define a water orientated accessory structure. Commissioner Lillehaug
stated he could not make a judgment with the wording on page 4 under lakes. Second paragraph
where it says, it appears to be set back 8.5 feet. Chairman Sacchet asked for clarification if the
applicant had moved the retaining wall out of the right-of-way of Minnewashta Parkway. The
applicant, Rick Berland, 6900 Minnewashta Parkway thanked the Planning Commission, staff
and neighbors for hearing their case and introduced his landscape contractor, Garry Jones of
Design Acres. He explained the process he and his contractor undertook prior to construction on
the lakeshore lot. Commissioner Papke asked for clarification on the ordinary high water mark
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Planning Commission Summary – December 7, 2004
line in relation to the boulder rip rap line. Chairman Sacchet asked Garry Jones to clarify the
time line associated with bringing in the plans to City Hall.
Chairman Sacchet opened the public hearing. Dave Headla, 6870 Minnewashta Parkway
strongly disagreed with the statement that the Berland’s had removed any trees and explained
how the Berland’s have improved the lakeshore property. Sharon Morgan, 3920 White Oak
Lane and owns Outlot A right next to the Berland’s, vouched that no trees were ever taken down
and described the run down condition of the beach prior to the Berland’s cleaning it up. Chris
Knox who lives farther up on Minnewashta Parkway also vouched for the beautiful job they’ve
done with cleaning up their shoreline. Jerry Paulsen, Laredo Drive felt the commission should go
along with the staff recommendation to deny the variance based on the fact that they fail 5 of the
6 findings. Janet Paulsen, 7305 Laredo Drive stated it was crucial to adhere to the setbacks of
the ordinary high water level. Chairman Sacchet closed the public hearing. After discussion the
following motion was made.
Papke moved, Lillehaug seconded that the Planning Commission approve Variance #04-42
for a 1.5 foot variance from the 10 foot Ordinary Highway Water Level (OHW) setback for
a water oriented accessory structure, a 64 square foot variance from the 250 square foot
maximum area of a water oriented accessory structure and relief from the requirement of
the OHW on the survey for a water oriented accessory structure (patio) that has been
constructed. All voted in favor and the motion carried unanimously with a vote of 7 to 0.
APPROVAL OF MINUTES:
Commissioner Tjornhom noted the Minutes of the Planning
Commission meeting dated November 16, 2004 as presented.
Chairman Sacchet adjourned the Planning Commission meeting at 11:10 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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