CC Minutes 2-14-05
c:J
City Council Meeting - February 14,2005
the northeast comer there. Neighborhood business zoning on the northeast. I think we, didn't
we put in commercial or office industrial in the northwest there. We've got a school and public,
our Chanhassen Rec Center is in the southeast and we've got medium density residential in
southwest, so I mean that's just one example and I think that works fine. I don't think when
you're dealing with major roads like this, they provide a natural barrier. It's not like the issue we
were just dealing with before earlier on our agenda items so I look at this, and as much as I
appreciate Mr. Rossavik's passion, excuse me, I don't see any changes in facts and
circumstances between the last time we addressed this and I don't see any compelling reason to
change the land use. I concur with the others. We should have, you know staff has looked at
this again. Planning Commission's looked at this again and I think everything seems to be just
fine the way it is. I don't see any compelling reason to change. So any other thoughts or
discussion on this? If not, is there a motion.
Councilman Labatt: Mayor, I'd move that we affirm the land use designation of residential large
lot for Block 1, Hillside Oaks Addition as in the staff report.
Roger Knutson: And does that include adopting the Planning Commission findings as the
council's findings?
Councilman Labatt: Yes sir.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjomhom: Second.
Mayor Furlong: Been made and seconded. Any discussion on the motion?
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
affirms the Land Use Map designation of Residential-Large Lot for Block 1, Hillside Oaks
Addition. All voted in favor and the motion carried unanimously with a vote of 4 to O.
Councilman Peterson did not vote due to a possible conflict of interest.
PRELIMINARY PLA T APPROVAL TO SUBDIVIDE 1.19 ACRES INTO 3 SINGLE
FAMILY LOTS WITH VARIANCES; LOCATED AT THE SOUTHEAST
INTERSECTION OF MURRAY HILL ROAD AND MELODY HILL ROAD, JOHN
HENRY ADDITION; ERNEST PIVEC AND TIM MCGUIRE; PLANNING CASE NO.
05-05.
Public Present:
Name
Address
Oil Kreidberg
6444 Murray Hill Road
Kate Aanenson: Thank you. The subject site is located at the intersection of Melody Hill and
Murray Hill. There's an existing house on the subject site. Now we need to back out. Existing
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City Council Meeting - February 14, 2005
house on the subject site. That house currently does not meet the setback requirements from
Murray Hill Road, which is only at 19. It's because it's existing, it's legal non-conforming and it
wouldn't affect the plat. There's also a shed that doesn't meet the setback requirements which
again is non-conforming. The applicant is proposing to subdivide to get 2 additional lots. All
lots do meet the minimum requirements. They all have access onto a public street. Pretty
straight forward subdivision. Ijust wanted to point out one thing for the record, if you could
zoom back in here. You know again as, I just want to bring this up because it came up you know
how we always have to look at how could things be further subdivided. In looking at these lots,
just for the record, they are long. They're over an acre so they could be further subdivided. Now
we're not going to try to solve that problem here today but Ijust want to put it out there on the
record because it does provide some interesting alternatives which would be wörking together
with the neighbors. Sometimes you can't further subdivide a large lot and as we just learned or
talked about in this past application, the only way would have to be through variances where you
combine driveways and those are the lots. But we did look at that. If you try to force a straight,
back out here again, try to force a straight, so these would be these large lots moving this way.
To force a street through here, 4 or 5 lots that mayor may not subdivide. It drops off, but I just
wanted you to know we did go through that iteration. Kind of looked at that exercise. What
makes the most sense. Based on kind of the character of the neighborhood, most of those lots are
larger. We don't anticipate, there was a street coming off, they could provide access. It was
vacated so it's our anticipation that it will stay large lot but 10 years from now when someone
comes in, you know that's kind of what we're thinking. They may have to combine and do a
ptivate drive and that would require a variance, but to stub a street through here on a maybe, we
went through that evaluation and we thought it didn't make sense so I just wanted to explain that
for the record. So with that, again it's a pretty straight forward subdivision. Plat. Extracting
park and trail fees for the two additional lots. Weare recommending approval, as did the
Planning Commission at their meeting on January 18t\ so they voted 5 to 1 to recommend
approval. With that the staff is recommending approval of the subdivision with the conditions in
the staff report. I'd be happy to answer questions.
Mayor Furlong: Thank you. Any questions for staff? I guess one question with regard to those
lots to the, is it the east or the south, whichever way. The ones that you were looking at there.
Did you by any chance contact the owners and inquire about their thoughts?
Kate Aanenson: We did notice all owners. We did not contact them to see what their desirous.
Again, the evaluation we went through is most of those of those homes sit pretty squarely in the
lot so again, just to be clear, you're not obligated to give any variance to provide someone the
opportunity to subdivide, but Ijust wanted to point out for the record, this lot that is coming
before you is a little bit larger. It does have direct access onto a public street.
Mayor Furlong: Okay. And there are no variances here?
Kate Aanenson: That's correct.
Mayor Furlong: The issue with the non-conforming, when the staff report says it's.
Kate Aanenson: Pre-existing.
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City Council Meeting - February 14,2005
Mayor Furlong: Not like pre-existing but it doesn't intensify.
Kate Aanenson: Correct.
Mayor Furlong: Does that mean that there's no difference in the non-conformance before and
after.
Kate Aanenson: Correct.
Mayor Furlong: Okay, thank you. Alright. Any other questions for staff? Is the applicant here
this evening? Like to address the council. Good evening sir.
Applicant: Good evening. Thank you mayor and council members. This is a pretty straight
forward development we think. We have an opportunity to develop 2 additional lots on this
piece of property and we intend to access that through Murray Hill. There are going to be houses
that are comparable to the surrounding homes in the neighborhood, probably around $700,000
area. Somewhere in that category. Delahay Builders who's doing some other work in the city
right now is the partner in this and I guess.. . Carver Beach so it will be something similar to the
style that's already in the neighborhood, either of the colonials that are on the cul-de-sac or
there's some homes to the west that have recently been built. It will either conform to those.
Our intent is to keep it blending into the neighborhood that's currently there so.
Mayor Furlong: Very good.
Applicant: Is there's any questions.
Mayor Furlong: Thank you. Any questions for the applicant? Seeing none, thank you sir. Very
good. Any thoughts or discussions?
Gil Kreidberg: How about public comment?
Mayor Furlong: Certainly.
Gil Kreidberg: The reason I, my name is Oil Kreidberg. I reside at 6444 Murray Hill Road.
Mayor Furlong: Good evening.
Oil Kreidberg: Good evening to all of you. Appreciate your time. The reason I came here
tonight is I attended the Planning Commission meeting with regards to this subdivision. My
home would be just to the west. Northern part of my property to the portion of this lot that's
going to be split into 3 instead of 1. And the applicant failed to appear at the Planning
Commission meeting which disappointed me because I wanted to get further clarification as to
the nature of the homes that were going to be built and how he was going to enter either a
driveway or whatever dealing with the existing 50-60 pines and stuff that border along Murray
Hill there. I see that he's shown here this evening. I have no problem with the concept of
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City Council Meeting - February 14,2005
developing this as some of my other neighbors who weren't able to attend tonight. His answer to
the nature of maintaining homes of the same integrity in the neighborhood is clearly important.
The only other issue was addressing what he was going to do with the existing trees and so on as
to how he's not going to barren what is a kind of attractive tree lined entry. That was my point in
here and got at the outset.. . disappointed not to see him at the Planning Commission.
Mayor Furlong: Okay, thank you. Okay, any other public comment? If not, appreciate that.
We'll bring it back to council for discussion. Question Kate with regard to the, and I failed to
write the gentleman's name down who just asked about access to properties. At this point in
time we're looking at just the subdivision, is that correct?
Kate Aanenson: Correct. Can you point to me which lot you are? Can you zoom in on this?
Gil Kreidberg: I would be the property.. .so I would be in the cul-de-sac in here but I also own
land right up to here. I'm on this piece here on the fast east, right.
Kate Aanenson: So I'm sorry, your question was?
Mayor Furlong: His question was access to the property. I'm going to raise the question, what
determines how they access the property for driveways and such.
Kate Aanenson: Sure. In this circumstance based on the fact that they houses face Murray Hill,
they would get access that way. The requirement would be 90 feet. These are 100 foot lot
widths, so based on how this property could be subdivided, this is the most logical way. All lots
have to abut a public street so that's the only way it could be subdivided.
Gil Kreidberg: I wonder because you know there's an option if these houses go in and how
many of those trees are going to come down.
Kate Aanenson: Yes, and to be clear before they can proceed with construction we actually walk
the site. That was addressed in the forestry part. I'd be happy to, if you wanted to talk to us
directly about that. This is a little bit different because it's pretty flat. It's not going to have to
be custom graded on this site so we can certainly work.
Councilman Labatt: Flat and square.
Kate Aanenson: Yeah, as opposed to.
Councilman Peterson: This is not Chanhassen.
Kate Aanenson: Yeah, this is a lot easier to do so typically what we do before we give an order
to proceed construction is we typically walk a site. You kind of agree on those significant trees
and we mark those trees and we make them put construction around that. Construction fencing
to secure that those trees are safe. I'm assuming the trees that you're most interested would be
adjacent to Murray Hill Road.
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City Council Meeting - February 14,2005
Gil Kreidberg: .. .I've been in there 18 years...I was just concerned that going in here, we didn't
want to fool around with a whole bunch of them. ..
Kate Aanenson: Right, and I think there's two things that we need to look at. One is utility
connection. When you connect for sewer and water, that's going to, you have to trench for that
so that will be some tree loss, and then depending on where the driveway location is, but if we
can work with the developer on that we can certainly address those and get those marked.
Gil Kreidberg: Yeah, I'm sure the other one will be reasonable...
Kate Aanenson: Sure. Yes, he was specifically invited to be here tonight.
Mayor Furlong: And we appreciate him showing up, and I guess the answer to your question is,
there will be tree loss as the access. What I would suggest is continue to work with Kate or her
staff on that and Kate, if you can keep him informed. Thank you. Bring it back to council then
any discussion.
Councilman Labatt: Just reading my annual report from Southwest Metro.
Mayor Furlong: We're not into council discussions yet. If we can stay on task here. Any
discussion? Comments. Seems pretty straight forward. Within our code and ordinance. Flat
and square. This cannot be Chanhassen so.
Kate Aanenson: One lot. The only one we have.
Mayor Furlong: Very good. If there's no discussion, is there amotion? Is there a motion to
approve the recommendation in the staff report?
Councilman Lundquist: Motion to approve.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjomhom: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
approval of the preliminary plat for Planning Case 05-05, John Henry Addition for 3 single
family lots as shown on the plans received December 17, 2004, subject to the following
conditions:
1. Environmental Resources Specialist conditions:
a. A minimum of one planted tree shall be required in the front yard of each lot.
b. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction.
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c. All trees shown as preserved and outside of the grading limits as shown on plans
dated Received 12/17/04 shall be saved. Any trees removed in excess of proposed
tree preservation plans will be replaced at a ratio of 2: 1 diameter inches.
2. Submit drainage calculations and drainage map for staff review and approval at time of
final plat.
3. On the plan:
a. Show a minimum 75 foot rock construction entrance.
b. Call out the proposed house types on Lots 2 and 3.
c. Show silt fence around the grading area.
d. Show the existing access drives on the western side of Murray Hill Road.
e. Show the locations of the proposed sanitary sewer and water services to the new lots.
f. Show the location of the proposed driveways for the new lots.
g. Show existing topography and structures within 100 feet of the property line.
h. Show the existing sanitary manhole tim and invert elevations along with all of the
existing utility pipes in Murray Hill Road.
1. show 30 foot rear yard setback.
4. All sanitary services must be 6" PVC-SDR26 and water services I" copper.
5. Since the applicant is now proposing more units (3) than what the property had been
previously assessed for, the additional two units will be charged the sanitary sewer and
water connection charge. The 2005 sanitary sewer and water connection charges are each
$5,118 for a total per unit or per lot cost of $10,236. Based on these rates, the total
amount due payable to the City for the additional two lot units will be $20,472 (2 @
$10,236.).
6. Add the following City detail plates: 1005,2001,5300, and 5301.
7. If importing or exporting matetial for development of the site is necessary, the applicant
will be required to supply the City with a detailed haul route and traffic control plan.
8. The sanitary sewer and water hookup charges will be applicable for each of the new lots.
The 2005 trunk hook up charge is $1,458 for sanitary sewer and $2,955 for watermain.
Sanitary sewer and watermain hookup fees may be specially assessed against the parcel
at the time of building permit issuance. All of these charges are based on the number of
SAC units assigned by the Met Council.
9. As part of the development improvements, the developer will be required to extend water
and sanitary sewer services to the property line of each new lot.
10. 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
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.