PC Minutes 05-06-2014
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MAY 6, 2014
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Andrew Aller, Lisa Hokkanen, Kim Tennyson, Maryam Yusuh, and Steve
Weick
MEMBERS ABSENT:
Mark Undestad
STAFF PRESENT:
Kate Aanenson, Community Development Director; Sharmeen Al-Jaff, Senior
Planner; and Stephanie Bartels, Project Engineer
PUBLIC HEARING:
BLACK WALNUT ACRES SECOND ADDITION: REQUEST FOR PRELIMINARY AND
FINAL PLAT WITH VARIANCES TO SUBDIVIDE 2.4 ACRES INTO ONE LOT ON
PORPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 6260
CHASKA ROAD (OUTLOT A, BLACK WALNUT ACRES). APPLICANT/OWNER: FAZEL
AND SARIKA HARIS, PLANNING CASE 2014-12.
Al-Jaff: Chairman Aller, members of the Planning Commission. Good evening. The request before you
is for the replat of an outlot into a lot to be used for a single family home. The site is located northwest of
Chaska Road, east of Highway 41 and south of Highway 7. Access to the site is gained off of Chaska
Road. The site has some rolling topography and contains two wetlands. There are trees scattered
throughout the site. Just a brief background on this parcel. Back in June of 1996 the City Council
approved a subdivision for a lot and an outlot. Lot 1, Block 1 contained a single family home and was
sold separately and then Outlot A was intended to be under the ownership of the same entity as Lot 1,
Block 1 until such time when they were ready to develop it and that’s why this is before you today. One
of the things that occurred when that subdivision did take place, the parcel is immediately south of the
city of Shorewood city line. We sent a referral to the City of Shorewood and if you look at the part that
is, the perimeter of the parcel is in blue. That parcel is owned by the same owner as the proposed outlot
before you today. When we sent this to the City of Shorewood for feedback, they requested that access to
the parcel in blue be gained off of Chaska Road. For understandable reasons the other alternative would
be off of Highway 7. The property owner has no intention of developing the portion that is in
Shorewood. We had some very lengthy discussions with staff at the City of Shorewood and they agreed
to accept a conservation easement over that portion that is in Shorewood which will basically render that
portion unbuildable, therefore you no longer have access or need access to that portion of the property.
With that said now we will get into the proposal before you today. The site is guided in the 2030 Land
Use Plan as low density residential. It is zoned low density, residential single family. Basically it will
allow 2.4 to 4 units per acre. The applicant’s request for a single family home for this site is consistent
with both the Comprehensive Plan as well as the zoning ordinance. The subdivision request is very
forward, simple request. As mentioned earlier there are two wetlands on the site. Both of them are
Manage 2. The applicant intends to do minimal grading on the site. The one thing that we need to point
out, the plans here show a U shaped driveway. That is prohibited by ordinance. You’re allowed one
access point but that is something that we will work with the applicant on. Staff is recommending
approval of this request. There is one condition that needs to be removed from the staff report which is
the park and trail condition. This is a replat of an outlot and not a subdivision. As such we cannot extract
park and trail fees. I’ll be happy to answer any questions.
Aller: Anybody have any questions? It looks like it’s going to be relatively undisturbed. It’s more
paperwork than anything else.
Al-Jaff: Exactly.
Chanhassen Planning Commission – May 6, 2014
Hokkanen: Has the applicant talked about the driveway? Have you discussed that issue?
Al-Jaff: We discussed it briefly and we explained that if they want a turn around on their property, staff
has no problems with that as long as the access points is limited to one. And then of course maintain
setbacks and hard surface coverage requirements which I don’t believe they will any issues with.
Aller: There’s a lot of space there so there should be no problem with setbacks. Any other questions?
Weick: No sir.
Aller: Alright. Would the applicant like to step forward? If they want to make a presentation. You don’t
have to but they can. Hi, there you go. State your name and address for the record.
Fazel Haris: I’m Fazel Haris.
Sarika Haris: And I’m Sarika Haris.
Fazel Haris: And our two children, Samek and Sarona.
Aller: Welcome. Why don’t you tell us about what you’re going to be doing with the property.
Fazel Haris: Yeah so we just moved to this area because the kids are now going to the Minnetonka
schools and this lot happens to be right in the middle of the elementary school they’re going to and the
middle school they will be going to. It turned out to be a really great location for us and we’ve been
working with the City for the permits. The driveway one obviously is explained to us. We have a letter
to what was there and one other update I have is I checked with our closer. They did already pay for the
assessment due also so that’s…
Aller: Great. And you’ve had a chance to read and go over the report.
Fazel Haris: We did. We did.
Aller: Do you have any problems with any of the other conditions that might be coming your way?
Fazel Haris: No. Sarika is following up on a few of the sewer related conditions and we will follow the
grading requirements because we haven’t fully done up the plan yet so we’ll incorporate whatever it is the
City’s requirement is.
Aller: Great because there might be some, as they go through the plans there might be some other little
things that have to be tweaked so.
Fazel Haris: Yes.
Aller: It looks like you have a good working relationship with the City at this point.
Fazel Haris: We have been, yes.
Aller: We look forward to you continuing to do so.
Fazel Haris: Yeah we’re looking forward to that too.
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Chanhassen Planning Commission – May 6, 2014
Aller: Great. Thank you. Any other questions from anyone?
Sarika Haris: Thank you.
Fazel Haris: Thank you.
Aller: Okay, I’m going to open the public hearing portion of the session and this is an opportunity for
individuals if they want to, to come forward and speak either for or against the proposal before us. And
you can come forward and state your name and address for the record sir.
Joe Pfankuch: Hi. I’m Joe Pfankuch. I live in the other lot, 6250. When they were originally a part of
one lot. I just bought this in January and I’m neither for nor against this or I guess I’m for it so I welcome
the new neighbors. I just want to know the impact on hardwoods. I know what to know you know
because when I bought the house obviously I spaced it off. There’s 3 acres next to you. They’re only
going to put one house on it. Who would have thought it was going to go right next to where my house is
but it is and that’s fine. I don’t really have a contention with it other than what’s the impact, because
there’s some really nice trees and I’m wondering what’s taken out, do you know?
Aanenson: Sure Sharmeen can explain too but I just want to point out that their only place they can go is
because of the wetlands. It has to go further to your property line because there’s a wetland.
Joe Pfankuch: Well they could go all the way back and have a driveway right?
Aanenson: Then they cut all the trees down.
Joe Pfankuch: What do you mean?
Aanenson: There would be a significant amount of tree loss to go further back.
Joe Pfankuch: Oh, okay. I’m just curious because I didn’t see a before or after like what the.
Aanenson: Yeah if we can maybe…
Joe Pfankuch: Holy smokes.
Al-Jaff: The grading is actually taking place right at the southeast corner and it’s minimal grading on the
site.
Joe Pfankuch: Well from a grading standpoint I’m probably higher so I’m not real worried about that.
Al-Jaff: Okay, well it’s 30 feet from the front property line. Your home is further in the back so the
portion that is immediately west of your home, that’s remaining undisturbed.
Joe Pfankuch: Okay so the.
Aanenson: So if we can go back to where the red line is. That’s the grading.
Al-Jaff: So this is where the home will be located. This portion will remain undisturbed. It will remain
in it’s natural place.
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Chanhassen Planning Commission – May 6, 2014
Joe Pfankuch: So it’s just the trees up. I can’t really point but.
Aanenson: The grading plan. Here is the only area that’d be disturbed.
Joe Pfankuch: Right and, I can’t see that far but.
Al-Jaff: So your house is up there.
Joe Pfankuch: Correct. Yeah, again my question is there are some very big black walnuts and I don’t
know them by heart because I’ve only lived there for a few months but I’m just kind of curious where the,
where those big hardwoods are. I know there are some back by what is essentially my pool behind my
house but is there anything up front? You’d think I’d know that but I really don’t.
Al-Jaff: There is one immediately in this area.
Bartels: I’m not sure if you can see it. Is it clouded out?
Joe Pfankuch: There’s a what?
Aanenson: A cloud.
Bartels: It’s pretty light because it’s the existing tree.
Joe Pfankuch: That’s fine. I was just curious…but I just wanted to know so I could see that.
Aller: Great and my understanding is the City is consistently taken a position that we try to maintain our
trees wherever we can and preserve. We have basically a preservation history so I would expect that that
would continue with this property as well.
Al-Jaff: Correct and in all honesty minimal grading on this site. Minimal tree removal. Everything is
going to remain in it’s natural condition.
Aanenson: I think that was maybe Stephanie, the project engineer wanted to comment on this but that
was one of the issues that we looked at regarding stormwater management because they were leaving it in
it’s natural state. The wetlands and the trees for the extraction as we’ve talked about. That helps
maintain the water rate in that area. And if you had anything else to add on that but.
Bartels: Just that when we take a look at stormwater quality we know that leaving those trees in the
forested areas in place like this plan does, that that will keep the water that’s flowing off this site, it will
make it able to be treated. It will decrease the time of concentration for structures and for the wetland.
Aller: Especially a large, it sounds like a super huge overstory like the black oak so.
Bartels: Yep with the big crown, yep.
Aller: Alright. Anyone else wishing to come forward and have a dialogue with us regarding the property
or? Okay we’ll close the public hearing. Open it up for comment. Discussion.
Weick: None from me.
Hokkanen: No.
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Chanhassen Planning Commission – May 6, 2014
Aller: I think it’s pretty straight forward and then I would just urge the City to continue in that vein for
watching out for buffers and overstory trees and making sure that we preserve what’s naturally been given
to us already so with that I’ll entertain a motion.
Hokkanen: The Chanhassen Planning Commission recommends that the City Council approve a
preliminary plat for Black Walnut Acres Second Addition to replat 2.4 acres into one lot on property
zoned single family residential and located at 6260 Chaska Road, Outlot A, Black Walnut Acres subject
to the conditions of the staff report minus the listed park and trail conditions and the adoption of the
attached Findings of Fact and Recommendation.
Aller: I have a motion before us. Do I have a second?
Tennyson: I’ll second.
Aller: Having a motion and a second, any further discussion?
Hokkanen moved, Tennyson seconded that the Chanhassen Planning Commission recommends
that the City Council approve a Preliminary Plat for Black Walnut Acres Second Addition to replat
2.4 acres into one lot on property zoned Single Family Residential (RSF) and located at 6260 Chaska
Road (Outlot A, Black Walnut Acres) as shown in plans dated received April 4, 2014 and subject to the
following conditions; and adoption of the attached Findings of Fact and Recommendation:
Engineering Conditions
1.Before the final plat is recorded the Surface Water Management fees, Park Dedication fees,
and GIS fees must be paid as well as any recording fees not collected with the final plat
application.
Environmental Resource Conditions
1.The applicant shall plant one 2½” diameter overstory tree in the front yard.
Building Official Conditions
1. Appropriate permit(s) required for the demolition or moving of any existing structures.
2. A final grading plan and soils report must be submitted to the Inspections Division before
building permits can be issued.
3. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
4. Each lot must be provided with separate sewer and water services.
Water Resources Coordinator Conditions
1.Prior to any earth-disturbing activities, the applicant shall provide a completed wetland
delineation report and a Minnesota Wetland Conservation Act Application for Approval of
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Chanhassen Planning Commission – May 6, 2014
Wetland Type and Boundary. Upon concurrence with the delineated boundary, construction
activities may proceed.
2.Wetland buffer monuments will need to be placed along the wetland buffer consistent with
section 20-411 of Chanhassen City Code.
3.A detailed erosion control plan consistent with Chapter 19 of Chanhassen City Code will be
required with the site plan/building permit application.
Engineering Conditions
1.The developer must submit a soils report to the City indicating the soil conditions,
permeability and slope.
2.The grading plan must show drainage arrows for proposed and existing water flow.
3.The developer’s survey shall show the benchmark location and elevation on the plan.
4.In order to understand the proposed grading, more spot elevations must be added. The plan
needs to show a spot elevation at the center of the driveway at the curb line as well as the
proposed elevation at the corners of the proposed building.
5.The plan shall be revised to show locations of any proposed stockpile areas.
6.The grades must be revised so that no slope is steeper 3:1.
7.The driveway must be revised to have one access from Chaska Road instead of the horse-
shoe driveway shown.
8.The driveway must be outside of the 10-foot sideyard setback from the property line.
9.The services for the proposed house must be directionally bored to the water main and sewer
main located on the south side of Chaska Road.
10.Partial water and sewer hook-up fees are due at the time of final plat.
11.The developer shall make revisions as necessary to address comments from MnDOT and
other stakeholder agencies.
Planning Conditions
1.Approval of the subdivision is contingent upon the applicant dedicating a conservation
easement and restriction over the vacant parcel located in the City of Shorewood to remain as
open space.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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