PC SUM 2005 05 17
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
MAY 17, 2005
Acting Chairman McDonald called the meeting to order at 7:00 p.m..
MEMBERS PRESENT:
Jerry McDonald, Deborah Zorn, Mark Undestad, Dan Keefe, and
Kurt Papke
MEMBERS ABSENT:
Uli Sacchet and Debbie Larson
STAFF PRESENT:
Sharmeen Al-Jaff, Senior Planner; and Josh Metzer, Planner I
PUBLIC PRESENT FOR ALL ITEMS:
Debbie Lloyd 7302 Laredo Drive
Janet Paulsen 7305 Laredo Drive
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.
Josh Metzer presented the staff report on this item. Commissioner Papke asked for clarification
of applicable regulations, point (e). The issue of destruction of non-conforming to the extent of
more than 50% and the precedence that may be set by granting this variance. The applicants,
Tim Walker and Laura Cooper stated they were in agreement with the staff report and thanked
staff for their assistance. Commissioner Keefe thanked the applicants for taking the
recommendations of the Planning Commission into consideration and re-working their plan.
Acting Chair McDonald opened the floor for public comments. Debbie Lloyd, 7302 Laredo
Drive read from Section 20-73. Non-conforming lots of record, point (b) which was amended on
May 24, 2004 and the fact that the commission needs to take into account the variances that were
approved in this neighborhood were approved prior to the ordinance being strengthened. After
commission discussion the following motion was made.
Papke moved, Zorn seconded that the Planning Commission approve Variance #05-10
for a 5 foot front yard setback variance, 1.0 percent hard surface coverage variance
(26.0% coverage) and a 32 foot shoreland setback variance (43 foot setback) for the
demolition and rebuilding of a single-family home on a riparian lot zoned Single Family
Residential (RSF) with the following conditions:
1.Drainage swales are required to be graded in along each side of the house.
2.Maximum side slopes greater than 3:1 are not allowed. There is a slope along the northwest
side of the proposed home that is greater than 3:1. Revise this slope to comply.
Planning Commission Summary – May 17, 2005
3.The applicant must be aware that 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.
4.Show the top and bottom wall elevations on the survey.
5.The applicant’s contractor will need to verify the existing sewer and water locations and
submit revised service tie cards upon connection.
6.Grading shall be revised to avoid intensive vegetation clearing within the shore impact zone.
7.The applicant shall determine whether permits will be required from the Riley-Purgatory-Bluff
Creek Watershed District and Minnesota Department of Natural Resources for the project,
including the shoreline riprap. All necessary permits shall be obtained and all conditions of
approval should be met.
8.Type III silt fence shall be provided during demolition and during construction on the lake
side. Type I silt fence shall be installed along the side property lines. Silt fence shall be
removed when the construction is complete and the site has been revegetated.
9.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
10.Tree protection fencing shall be installed around all trees to be preserved on site prior to any
construction activity.
11.A minimum of one tree shall be planted in the front yard setback area.
12.The areas beneath decks must either be sodded or landscaped with mulch or rock with a
fabric liner.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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Planning Commission Summary – May 17, 2005
PUBLIC HEARING:
REQUEST FOR A 5 FOOT VARIANCE FROM THE MINIMUM 10 FOOT SIDE YARD
SETBACK TO BUILD A STORAGE SHED ON PROPERTY LOCATED AT 7450
CHANHASSEN ROAD, APPLICANT, TIMOTHY & DIANE MCHUGH, PLANNING
CASE NO. 05-17.
Josh Metzer presented the staff report on this item. Commissioner Keefe asked staff to speak to
the other variances that have been granted in this area of the lake and expressed a concern with
the distance of the shed to the neighbors and access for fire equipment. Commissioner Undestad
asked how this lot compared to neighboring lots in terms of square footage and lot width. Acting
Chair McDonald asked for clarification on what type of sheds, if any, would be allowed, and the
statement on page 7 stating the shed may impair the adequate supply of light and air. Josh
Metzer stated that was likely a typo. The applicant Timothy McHugh provided background
information on the placement of the house and his understanding of the regulations for building a
shed. He presented a letter from the neighbor saying he did not feel it obstructed his view.
Commissioners asked the applicant to explain why the shed could not be built anywhere else on
the site. Acting Chair McDonald opened the public hearing. No one spoke and the public
hearing was closed. After commission discussion, and further explanations by Diane and
Timothy McHugh on the need for the shed, the following motion was made.
Papke moved, Zorn seconded that the Planning Commission denies Variance #05-17 for a 5
foot variance from the minimum 10 foot side yard setback to build a storage shed on a
riparian lot zoned Single Family Residential, (RSF) based upon the findings in the staff
report and the following:
1. The applicant has not demonstrated a hardship.
2. The property owner has reasonable use of the property.
All voted in favor, except McDonald and Undestad who opposed, and the motion carried
with a vote of 3 to 2.
APPROVAL OF MINUTES: Commissioner Papke noted the Minutes of the Planning
Commission meeting dated April 19, 2005 as presented.
Acting Chair McDonald adjourned the Planning Commission meeting at 8:05 p.m..
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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