PC SUM 2005 03 15
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
MARCH 15, 2005
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Uli Sacchet, Rich Slagle, Debbie Larson, Dan Keefe, Steve Lillehaug
and Jerry McDonald
MEMBERS ABSENT:
Kurt Papke
STAFF PRESENT:
Sharmeen Al-Jaff, Senior Planner; Matt Saam, Assistant City Engineer;
and Josh Metzer, Planner
PUBLIC HEARING:
REQUEST FOR SUBDIVISION WITH VARIANCES ON PROPERTY LOCATED
NORTH OF FOX HOLLOW DRIVE, WEST OF HIGHWAY 101, AND SOUTH OF
PLEASANT VIEW ROAD (6500 CHANHASSEN ROAD), FOX DEN. APPLICANT, 10
SPRING, INC., PLANNING CASE 05-08.
Public Present:
Name Address
Richard Herr 120 Fox Hollow Drive
James Rosenlund 771 Hyacinth Circle
Cara Otto Otto Associates, 9 West Division St, Buffalo
nd
Scott Rosenlund 622 W. 82 Street, Chaska
Tonia & Jason Ashline 10 Fox Hollow Drive
Tim & Melissa McNeill 6441 Pleasant View Circle
James Nicholls 6451 Pleasant View Circle
Maria Vanderzanden 50 Hunters Court
Kim & Dave Robinson 25 Pleasant View Road
Rogue Swenson 35 Pleasant View Road
Jim Theis 6400 Chanhassen Road
st
Devin Talberg 3304 1 Avenue
Sharmeen Al-Jaff and Matt Saam presented the staff report on this item. Commissioner
McDonald asked for clarification on expansion of the retention pond, issues surrounding
changing the elevation of the road, the trees on the property line, and the issue of the pavement
width of Fox Drive. Commissioner Keefe asked for further clarification on placement of the
retaining wall and code requirements for tree replacement. Commissioner Lillehaug asked staff
if they’ve researched expanding a regional pond downstream and if the statement that the
applicant needs to show a contour elevation at 912 in the bottom of the pond should be added as
a condition. He stated one of his biggest pet peeves is that the 60 by 60 house pad requirement is
Planning Commission Summary – March 15, 2005
not in the code. Chairman Sacchet asked for clarification regarding access on the site and the
possibility of land locking adjacent parcels, expansion of the pond, and replacement of lost trees.
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The applicant Scott Rosenlund, 622 West 82 Street, Chaska addressed the issues of the trees on
the property line, and expansion of the pond to meet current city standards being an unfair
burden on them. Commissioner Slagle asked the developer to comment on the concern that
perhaps they are trying to put too many lots onto this parcel of land. Commissioner McDonald
asked if this development would be in character with the rest of the neighborhood, and
clarification regarding buffering behind Lots 4, 5 and 6. Chairman Sacchet opened the public
hearing.
Jason Ashline, 10 Fox Hollow Drive provided his reasons for not supporting this development in
it’s current form. He suggested add on language to conditions specifically regarding buffer
planting requirements, retaining wall, street width, and tree loss due to the pond expansion.
Commissioner Slagle asked Mr. Ashline to specify which areas of disagreement he had with the
developer. Kim Robinson, 25 Pleasant View Road expressed her concern with saving the 4
mature ash trees along their property line. Maria Vanderzanden, 50 Hunters Court had concern
with loss of trees around the perimeter of the property, the distance between homes, the
placement of the road in relation to 101 and safety for children in the area. Tim McNeill was
glad to hear that the green area on the plan was trees that were being saved but had concern with
drainage and water ponding on his property. Ms. Vanderzanden and Mr. McNeill asked to meet
with staff to gain a better understanding over tags that have been placed on trees in their
property. Richard Herr, 120 Fox Hollow Drive suggested the idea of a neighborhood pool.
Dave Robinson, 25 Pleasant View asked for clarification on the time line for construction. Jim
Theis, 6400 Chanhassen Road was concerned with the grading between his property and this
development. Being on the Chanhassen Fire Department, from the public safety side he stated
the need for the street width to remain as proposed by staff. The applicant’s engineer, Cara Otto
with Otto Associates addressed issues relating to engineering on the pond. Rogue Swenson, 35
Pleasant View asked for clarification on the type of houses being built and the price point.
Chairman Sacchet closed the public hearing. After commission discussion the following motion
was made.
Lillehaug moved, McDonald seconded that the Planning Commission recommends
approval of the Preliminary Plat for Planning Case #05-08 for Fox Den for 6 lots with a
variance for a 50 foot right-of-way width as shown on the plans prepared by Otto
Associates stamped “Received February 11, 2005”, subject to the following conditions:
1.The pond on Outlot A, Fox Hollow shall be maintained to ensure it meets the size and
volume standards to which it was originally designed. Any inlet and outlet structures on that
pond requiring maintenance or replacement shall be maintained or replaced.
2.An outlet meeting National Pollutant Discharge Elimination System permanent storm water
management system requirements (NPDES Permit MN R100001, Section C, Subsection 1D,
Page 11 or 26) shall be installed at the outlet of the pond on Outlot A, Fox Hollow.
3.A floating Faircloth skimmer or another pre-approved method should be used for dewatering.
The flow route, distance to receiving waters and name of receiving waters of the storm water
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Planning Commission Summary – March 15, 2005
basin and dewatering activities shall be included on the plan. A detailed dewatering plan
with method, rate, and erosion and sediment control considerations, such as energy
dissipation, shall be provided.
4.Geotextile or gravel bed and riprap shall be provided for energy dissipation at the existing
and proposed flared-end inlets to the storm water pond and the outlet of the pond on the east
side of Hwy 101.
5.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:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and 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.
6.A detail for the catch basin (CB) sediment control shall be provided for the CB between Lots
2 and 3.
7.Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
8.The applicant shall pay the total SWMP fee, due payable to the City at the time of final plat
recording. At this time, the estimated fee is $8,021.
9.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.
10.Building Department conditions:
a.A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
b.Demolition permits must be obtained prior to demolishing any structures on the site.
c.Existing wells on the site must be abandoned in accordance with State Law and City
Code.
11.Fire Marshal conditions:
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Planning Commission Summary – March 15, 2005
a.No burning permits will be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
b.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
that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
c.Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
d.Temporary street signs shall be installed on each street intersection when construction of
the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code
Section 501.4.
12.Environmental Resources Coordinator Conditions:
a.Applicant shall revise landscape plan to show a minimum of 21 trees to be planted.
b.A minimum of two 2 ½” deciduous, overstory trees shall be required in the front yard of
each lot.
c.No more than one-third of the required trees may be from any one species.
d.Tree preservation fence shall be installed at the edge of the grading limits around all trees
proposed to be preserved prior to any grading.
e.Any trees proposed for preservation that are lost due to grading and construction
activities will be replaced at a rate of 2:1 diameter inches.
f.All 21 trees shall be planted within the proposed development. A revised landscape plan
will be required prior to final approval.
g.A landscape buffer shall be planted along Hwy. 101 and include, at a minimum, 5
overstory trees, 7 understory trees and 12 shrubs.
h.Trees #142-144 and six green ash not shown on the tree inventory, located along the
south property line near the existing shed, shall be preserved.
i.The applicant shall plant boulevard trees along Fox Hollow Drive and Fox Drive to
replace trees lost due to pond expansion. One tree shall be planted every 30 feet except
within the sight triangle. Species selected shall be approved by the city.
j. Developer will work with staff to explore possibilities of minimizing tree loss to the
north of the pond and consider alternate design on the pond using available space.
k. Developer will work with staff to consider buffer plantings around the pond.
l. Developer will work with staff to evaluate the impact to the buffer trees to the north
of the cul-de-sac on Lot 4.
m. Developer will work with staff to evaluate the placement of evergreens versus
deciduous for buffering purposes.
13.On the Utility plan:
a.Show all easements.
b.Add a note “Any connection to existing structures must be core drilled.
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Planning Commission Summary – March 15, 2005
14.Add the following City detail plates: 1005, 2001, 5300 and 5301.
15.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 control plan.
16.The sanitary sewer hook-up charge will only be applied to five of the six new lots. The
water hookup charge will still be applicable for each of the new lots. Since the developer
will be responsible for extending lateral sewer and water service to the lots, the sanitary
sewer and water connection charges will be waived. The 2005 trunk hookup charge is
$1,458 for sanitary sewer and $2,955 for water-main. Sanitary sewer and water-main
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.
17.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. The applicant must be aware that all public utility
improvements will require a preconstruction meeting before building permit issuance.
Permits from the appropriate regulatory agencies will be required, including the MPCA,
MnDOT, Watershed District and MDH.
18.A professional engineer registered in the State of Minnesota must sign all plans.
19.The applicant must be aware that any grading on privately-owned property will require a
temporary easement.
20.The applicant will be required to clean the existing stormwater pond after enlargements have
been completed.
21.Prior to final platting, storm sewer design data will need to be submitted for staff review.
The storm sewer will have to be designed for a 10-year, 24-hour storm event.
22.Drainage and utility easements will need to be dedicated on the final plat over the public
storm drainage system including ponds and drainage swales up to the 100-year flood level.
The minimum easement width shall be 20 feet wide.
23.Staff is recommending that a small (1'-3') retaining wall be installed along the western right-
of-way of Fox Drive south of the site. This will alleviate the steep slopes in the area and
provide room for a boulevard area in back of the curb for snow storage.
24.A minimum 20-foot wide easement will be required over the watermain that is outside of the
right-of-way.
25.The developer shall pay full park dedication fees.”
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Planning Commission Summary – March 15, 2005
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
(The Planning Commission took a short recess at this point in the meeting.)
PUBLIC HEARING:
REQUEST FOR AN AFTER THE FACT VARIANCE TO ALLOW THE USE OF A
SINGLE FAMILY DWELLING AS A TWO-FAMILY DWELLING IN SINGLE
ND
FAMILY RESIDENTIAL (RSF) DISTRICT LOCATED AT 3891 WEST 62 STREET,
APPLICANT GARY AND MAUREEN CARLSON, PLANNING CASE 05-09.
Josh Metzer presented the staff report on this item. Commissioner McDonald asked for
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clarification on how this proposal impacts the street connection to West 62 Street which was
discussed in a previous application. He also asked for clarification on the findings for granting a
variance. Commissioner Larson asked for clarification on the number of units in the dwelling.
Commissioner Keefe asked if the condition relating to no unit shall be rented to a non-family
member other than a live in personal care attendant is enforceable. Commissioner Larson asked
what happens if the property is sold, if it becomes a dwelling with 5 rental units. Commissioner
Keefe asked staff to explain why this request wasn’t being addressed with a conditional use
permit. Commissioner Lillehaug asked for clarification regarding the location of the dwelling
units on the site plan. The applicant, Gary Carlson provided background information on his
property and reasons why the variance should be granted. Commissioner Slagle asked Mr.
Carlson if he was in agreement with the staff’s conditions and recommendations. The
applicant’s daughter, Molly Carlson made a statement asking the commission to approve the
request. Chairman Sacchet opened the public hearing. Margaret Carlson, the sister to Molly and
live in aide, explained the need for a live in aide to assist Molly. Chairman Sacchet closed the
public hearing. After commission discussion and comments the following motion was made.
Keefe moved, McDonald seconded that the Planning Commission approves the variance for
the use of a single family dwelling as a two family dwelling in Single Family Residential
nd
(RSF) District at 3891 West 62 Street, based on the findings of fact in the staff report and
with the following conditions:
1. The lower level dwelling unit must be eliminated or made an integral part of the home.
2. The upper level dwelling unit shall not be rented to a non-family member other than a
live in personal care attendant.
3. All outstanding permits that have been obtained for improvements to the property must
receive final inspection approval prior to occupancy of the additional unit.
4. The proposed dwelling unit must be constructed in accordance with Minnesota State
Building Code.
5. Rental licenses must be obtained in accordance with Chanhassen City Code.
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Planning Commission Summary – March 15, 2005
6. The applicant/property owner must obtain permits for accessory structures constructed
without the required permits.
7. The variance shall expire upon the sale of the property by the Carlson family.
All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 5 to
1.
PUBLIC HEARING:
REQUEST FOR VARIANCES TO LAKESHORE SETBACK AND LOT COVERAGE
ON PROPERTY LOCATED AT 9015 LAKE RILEY BOULEVARD, APPLICANT
SHARRATT DESIGN & COMPANY, PLANNING CASE 05-10.
Public Present:
Name Address
nd
Michael Sharratt 464 2 Street, Suite 100, Excelsior
nd
Lissa Tenuta 464 2 Street, Suite 100, Excelsior
Tim Walker/Laura Cooper 9015 Lake Riley Boulevard
Josh Metzer presented the staff report on this item. Commissioner McDonald asked staff to
clarify the buildable area on the site. Commissioner Slagle asked staff to explain how this
request compares to previous variances that have been granted and the possibility of moving the
house closer to the street. Commissioner Keefe asked about the setbacks of the houses on either
side of this property. Michael Sharratt, the architect explained the planning that went into
designing the house. Laura Cooper and Tim Walker further elaborated on the planning that went
into this design, taking into account handicap accessibility and grades. Chairman Sacchet asked
the applicant to explain how the lower level garage would gain access. Commissioner
McDonald asked the applicant to explain the driveway access and grade. He expressed concern
with the drainage from this site. Commissioner Slagle asked the applicant to give their thoughts
on pulling the house closer to the street. Commissioner Larson asked if the applicants had
considered remodeling the existing house as opposed to tearing the existing structure down and
rebuilding. Chairman Sacchet closed the public hearing. After discussion by the Planning
Commission, Chairman Sacchet outlined the findings of fact the Planning Commission has to
follow and the applicant has to meet in order for a variance to be approved.
McDonald moved, Larson seconded to table Variance Request #05-10 until the applicant
re-submits. All voted in favor, except Sacchet and Lillehaug who opposed, and the motion
carried with a vote of 4 to 2.
APPROVAL OF MINUTES: Commissioner Slagle noted the verbatim and summary
Minutes of the Planning Commission meeting dated February 15, 2005 as presented.
Chairman Sacchet adjourned the meeting at 10:35 p.m.
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Planning Commission Summary – March 15, 2005
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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